Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1861-06-14
Published April 20, 1851
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 STATE Of Wisconsin,, represent
ed in Sesdte and Assembly, do enact as totto10s:
Section l. In cases of disagreement between
the owners of waterpowers, holding as JOINT ten
ants or tenants in common, IN respect to the
use of the waters thereof, or the repairs Of dams
or other structures required to operate the
same. the circuit courts of this state. in addi-
ton to the powers heretofore exercised by them,
shall have power upon application for that pur-
pose as hereinafter provided, TO appoint one or
more commissioners, not exceeding three IN
any one case. to make partition Of said water.
between the respective owners thereof, and to
apportion the expenses Of repairs according to
the rights of the respective parties.
Section . 1t shall be the duty Of the party
or parties coming under the provisions of this
act, to proceed in all respects as provided in
chanter I42 Of the Revised Statutes, entitled
of the partition of lands owned by sever al per-
sons. y for the purpose of bringing in the re-
speetive parties interested in such waterpoweri
and .upon the appearance of said parties, or up
on due proof that the said parties have been
summoned or notified as provided in said chap
ter I42 the court in which the proceedings
shall be pending, shall, upon Its being shown
to be necessary in order to determine the right
I
missioners MS aforesaid, and to empower and dl-
rect them to examine into the matters com
nlained of and. upon reasonable notice to the
owners or occupants of the waterspower, TO eL-
ter upon and take control of the mills, machine
ry fumes gates wheels and other appurte-
nances of said water power, and to exercise
| such reasonable control Of the same S VIII en-
| able said commissioners to ascertain the re-
spective rights Of the parties, and TO determine
-, pl1-. mo-
! the same.
Section 8. It shall be the duty Of such COM
missioners, 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 despatch to investigate the matters COM
| planned Of TO examine witnesses touching sGch
matters for which purpose either OF SAID COM
missioners shall be authorized to administer
oaths to such witnesses, TO apply such tests to
| ascertain and determine the rights of the re-
spective parties. and the manner of using and
exercising those rights as the nature Of the case
NAV require. interrupting as little as may be,
| the operations Of the owners or occupants OF
such water powers in the use thereof to de-
termine the rights of said parties. and the man
| mes of the use thereof, and to report their de-
terminate n. with all the facts, and full state
ment of their experiments, and the evidence
! taken hy them. to the court from which they re-
Z
ceived their appointment. such determination to
/ be binding upon the parties until changed or
modified by the court.
Section i Upon the coming in of the report
Of such commissioners. and upon hearing the
parties. the court before which the proceedings
are pending shall make such order ana enter
such Judgment as the respective rights OF the
parties shall require. confirming or modlfylng g
the determination of said commissioners or Tor
the purpose of more fully determining the rights
of such parties. may conGnue such commissions
and upon reasonable notice, on the apphcatlon
of either party interested, order re-examina-
ton of the matters complained OF, and from
time to time modify It's judgment until the rights
| of the parties and the manner of exercising the
same shall be fully settled and defined Moth
| ing herein contained shall be construed to de-
prive 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 cases,
Section s. Tbs court before which such pro-
ceedings are pending, may, in its discretion,
from tine tn time make such orders a may be