Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1861-05-25
Published Apra 90, 1861.
CHAPTER 272.

An ACT to more clearly determine the rights
of joint owners Of water powers, and to reg
ulate the uses thereof
THE people Of the State of Wisconsin, represea-
ted IN Senate and assembly, do enact as tolloms:
Sec /. In cases of disagreement between
the owners of water powers, holding as joint
tenants or tenants in common, in respect to
the use of the waters thereof or the repairs of
dams Or other structures required to oserate
the same, the circuit courts of this state, in
addition to the powers heretofore exercised by
them, shall have power upon application for
that purpose, hereinafter provided, to ap-
point one or more commissioners, not exceed
ing three II any one case, to make partition Of
SAID water, between the respective owners
thereof, and to apportion the expense of re-
pairs according to the rights of the respective
parties.
Sec. 2. 1t shall be the duty Of the party or
parties coming under the provisions of this act,
10 proceed IN all respects as provided in chap
ter 142 of the Revised Statutes, entitled ''of
the partition of lands owned by several per-
sons" for the purpose of bringing in the
respective parties interested in such water
power and, upon the appearance of said par
ties, or upon due proof that the said parties
have been summoned or notified as provided
IN said chapter l42, the court in which the
proceedings shall be pending, shall, upon its
belng shown to be necessary in order to de-
terlnine the rights of said parties by an order,
| to appoint commissioners a aforesaid and to
empower and direct them to examine into the
matters complained of, and, upon reasonable
notlcc 10 the owners or occupants of the water
power, to enter upon and take control of the
mills, machinery, fumes, gates, wheels and
| other appurtenances of said water power, and
| to exercise such reasonable control of the
same as will enable said commissioner to as
certain the respective rights of the parties,
| ana TO determine the manner of using, apply
ing and preserving the same
| sec B. 1t shall be the duty of such COM
mlssloners, upon accepting their appointment.
to take an oath before some person authorized
to administer oaths, for the faithful perform
ance OF their duties, and to proceed with rea-
sonable dispatch to investigate the matters
complained OF, to examine witnesses touching
such matters for which purpose either of said
commissioners shall be authorized to admin s.
ter oaths to such witnesses, to apply such
tests to ascertain and determine the rights OF
the respective parties, and the manner of u.s.
ing ana exercising those rights az the nature
VI the case may require, interrupting as little
as may be, the operations of the owners OF
occupants OF such water powers in the use
| thereof; to determine the rights OF said par
ties, and the manner Of the use thereof, and
to report their determination, with all the
facts, and a full statement of thcir experi.
ments and the evidence taken by them, to the
| court from which they received their appoint
ment, such determination to be binding upon
the parties until changed or modified BY the
court.
Sec 4. Upon the coming in of the report
or such commissioners, and upon hearing the
parties, the court he fore which the nrooaodinoc
are pending shall make such order and enter
such Judgment as the respective rights of the
parties shall require, confirming or modifying
the determination of said commissioners, OF
for the purpose Of more fully determining the
rights OF such parties, may continue such com
missions, and upon reasonable notice, on the
application of either party interested, order q
re-e1amlnation of the matters complained Of
and from time to time modify its judgmer
until the rights Of the parties and the manner
OF exercising the same shall be fully settled
and defined. Nothing herein contained shall
be construed to deprive parties of the right OF
trial by jury upon questions of fact properly
triable by jury, or Of the right of appeal from
any such order or judgment as is subject to
appeal in other eases
Sec. 8. The court before which such pro
ceedings are pending, may, in it's discretion
from time to time, make such orders as NAV be
necessary for the payment of the commission
ers herein provided for, and the other costs anC
disbursements therein, and may apportion the
same among the respective owners, in the "a
ito of their respective interests.
Sec, 6. This act shall take effect and he II
force from and after its passage and publica
ton.
Approved April Is, 1861