The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1861-05-16

AN ACT to clearly determine rights Of Joint
owners OF water powers and to regulate the uses
thereof.
The People Qfhe State Of Wisconsin, represented in
Senate and assembly, dO e1pdc. as J0Jk0l0S:
sEcToN1. In of disagreement be W cen the own
ers of water powers holding joint tenants
in common in respect to the of the thereoo
the repairs OF dams or other structures required ope-
rate the same, the circuit this in
to the powers heretofore exercised By them shall have
power upon application for that purpose, hereinafter
provided to appoint commissioners, rot ex-
csedng three III any case make partition of said
water between the respective oN ners thereof ana to
apporuon the expense OF repairs according to the rights
OF the respective parties.
SEC. 1t shall be duty of the party or parties
ing under the provisions OF this act proceed in all
specs provide in chapter 42 of the Revised Stat
utes, entitled of the partition OF lands owned by seye-
eral persons" for the purpose of bringing the re.
specuye parties interested IN such water power and,
upon t appearance of said parties up due proof
that the said parties have summoned ornot6ed as
provided in said chapter 142 the court in which the pro
ceedngs shall be pending, SHALL upon bsing shown to
be necessary in order to determine the rights OF said
parties, by an order, to appoint commissioners aore
said, and to empower and direct them examine into
the matters complained of, and upon reasonable notice
to the occupants of the water power to enter
upon and take control of the mills machinery, fumes
gates wheels, and other appurtenances said water
power and to exercise such reasonable of the
as will enable said commissioners ascertain the
respective rights oil the parties, and to determine the
manner Of using, applying and preserving the same.
SEC 3. 1t shall be the duty of such conmss
on accepting their appointment TO tase attn before
person authorized to administer for the faith
tai performance OF their duties, to proceed with
enable dispatch to investigate the matters complained
of, TO examine witnesses touching such matters for
which purpose either of said commissioners shall be au
thoriZed to administer oaths such to aDn
such tests to ascertain and determine rights OF the
respective parties and the Of usag and exer-
csng those rights the nature of the may require
interruptng little may be- the operations The
owners occupants of such water powers IN the use
thereof to determine the rights of said parties and the
manner of the thereof and to report their detern
nation, with all the facts and full statement Of their
experiments, and the evidence taken by them, to the
court from which they received their appointments such
determination TO binding upon the parties until chang
cd or modified by the court.
SECTION t. Upon the coming in of the report Of such
commissioners and upon hearing the pa ties the court
before which the proceedings pending Shalt make
such order and enter such judgment the respective
rights of the parties shall require, confirming modifying
abe determination of said commissioners or for the ur-
pose OF more fully determining the rights of such par
ties may continue such Ssions and upon reagoa
BILE notice, on the application of either pary interested
order examination of the matters com5 aimed Of q
from time to time modify its judgment rights of
be fully settled and defined Nothing herein contained
shall be construed to deprive parties ha right Of trial
by jury upon questions of fact property rable by ury
or Of the right of appeal from any order or udg
ment as is subject appeal in other cases
SEo. 5. The court before which such proceedings are
pending, may in its discretion, from lime time make
such orders be necessary for payment OF the
commissioners herein provided for, and the other costs
aad disbursements therein and may apportion the same
among the respective oners in ratio Of their re-
spectYe Interests
SIC. g. This shall take effect ana be in force from
and after its passage and publication.
Approved April 10, 1851: