The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1861-05-10

on due proof that the said parties have
been summoned or notified rs provided in
said chapter 142, the court in which the
proceedings shall be pending, shall, upon
its being shown to be necessary in order
to determine the rights OF said parties, by
an order, to appoint commissioners as
aforesaid, and to empower and direct them
to examine into the matters complained
of, and upon reasonable notice to the own
ers or occupants Of the water power, to
enter upon and take control of the mills,
machinery, fumes, gates, wheels and 9th
er appurtenaLees of said water power, and
to exercise such reasonable control Of the
same as will enable said commissioners to
ascertain the respective rights OF the par
ties, and 10 determine the manner of using
applying and preserving the same.
SEC. 3. 1t shall be the duty of such
commissioners, upon accepting their ap~
pointment, to take an oath before some
person authorized to administer oaths, for
the faithful performance Of their duties,
and to proceed with reasonable despatch
TO investigate the matters complsned Of,
to examine witnesses touching such mat
ters; for which purpose either of said
commissioners shall be authorized to ad-
miuister oa,hs to such witnesses, to apply
such tests TO ascertain and determine the
rights Of the respective parties, and the
manner Of using and exercising those
rights as the nature Of the case may re-
quire, interrupting as little as may be, the
of tho ,f
such water powers in the use thereof; to
determine the rights of said parties, and
the manner of the use thereof, and to re-
port their determination, with all the
tacls, and full statement of their experts
ments, and the evidence taken by them,
to the court from which they received
their appointment, such determination to
be binding upon the parties until changed
or modified by the court.
SEC. 4. Upon the coming in of the
report OF such commissioner and upo n
hearing the parties, the court before which
the proceedings are pending shall make
such order and enter such judgment as
the respective rights Of the parties shall
require, confirming or modifying the de
termination of said commissioners, or for
the purpose of more fu " determining the
nights OF such parties, may continue such
commissions, snd upon reasonable notice,
on the application of either party interest
ed, order re~examinstion of the matters
complained of, and from time to tims
modify its judgment until the rights Of
the parties and the manner of exercising
the same shall be fully settled and defined.
Nothing herein contained shall be con
srued 10 deprive parties of the right of
trial by jury upon question, Of fact prop
erly trIrble by jury, or Of the right of ap
peal from any such order or judgment as
is suLec TO appeal in other cases.
SEC 5. Tie court before which such
proceedings are pending, may, n It's dis
cretion, from time to time, make such
orders as may be necessary for the pay
ment Of the commissioners herein provi
ded for, aud the other costs and dish !rse-
ments therein, aud may apportion the
same smong the respective owners, in the
ratio of their respective interests.
Sec. g. This act shall take effect and
be in force from and after its passage and
publication.
Approved April Is, 1861.
Published April l6, 1861.
CHAPTER 2S2.
AN ACT to amend chapter 1873, Of the
Revised Statutes, entitled "of the limi
tstions of actions"
The people Of the State of Wisconsin,
represented IN Senate and Assembiy, do
enact as .follows:
SEC. /. Wherever in chapter 1873, of
the Revised Statutes, time is prescribed
within which sction. must be commenced
such time shall be computed to commence
at or from the time the several causes of
action named in said chapter shall have
accrued.
SEC. 2. This act shall take effect i'm
Imediately.
Approved April Is, 1861.