The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1862-07-10
Laws Of Wisconsin.
GPu5lished June &c, 1862,
CHsAPTER 39S.


) ANACT TO authorize the county supervisors +
construct drains in certain cases.
The Peopze of he Slqte Of IVsconsia, represented
IN Seaats and assembly, do eaeet as JoA0%$:
il Section /. That the county board Of supervis-
ors Of any county shall have power, at any regu
lar session, whenever, in tLeir opinion, the same
is demanded by or viii be conductive tc9AeuciVe
Etothe public health, convenience or welfare, u
cause to be established, located and constructed
as hereinafter provided, any ditchs Gram q wa
tercCarse within such county.
u See o That before the county board OF super
visors OF any county shall take any steps toWarc
!, locating or establishing any ditch dram or wa
i ter course there shall be filed with the clerk OF ihe
, hoard ofsupervisOrs petition from one or more
u persons owning lands adjacent TO the line OF such
proposed ditch drain or water course, serung
forth the necessity of the same, with u description
of its proposed starting point, route ana eIiphus
t0gether with the names of all persons haole 10 be
| benefited or damaged thereby, so far as known
10 the petitioner and shall, at the same tilne, ME
q bond with good and sufficient suretles, 10 me
acceptance Of the clerk Of the board OF supervls-
! 0rs, conditioned to pay all expenses incufrea IN
ease the county board of supervisors shall refuse
TO grant the prayer ofthe petition and 1t shall 90
the duty OF the clerk of the board OF supervisors
| Immediately thereafter, to placHa correct copy OF
said petition in the hands of the county surveyor,
or acoppetent engineer, who shall, thereupon,
taking with him the necessary assistance proceed
TO sqake an accurate survey OF the route OF such
proposed ditch, drain or water course ana on the
completion thereof shall return plot or plots and
profile OF the same to said clerk OF the board OF
Supervisors and shall also set forth in his return,
description ofthe proposed route, its availability
and necessity with description of each separate
truct of land through which the same is proposed
TO be located, how 1t will be atected merely,
and its situation and level as compared with that
OF the adjoining lands, together With such other
facts as he may deem material. 1t shall be the
duty of the clerk Of theboard ofcounty supervis-
ors Immediately said report being filed, to
cause notice, in writing, to be given TO the owner
or one Of the owners OF each tract Of land along
/ the ronte ofsuch proposed ditch, dram or water
course, of the tendency and prayer OF SAID peti-
ton, and ofthe time of the sessienef the county
board Of supervisors at which the same VIII De
I heard, which notice shall be served at least ten
days prior to said session, and affidavit OF said
service filed with the clerk OF the board OF super
YisOrs and in case any such owner u mol rest
dent Of the county, or should any party or parties
! il interest Gle during the tendency OF SAID pro.
ceeding, such death shallnot work an abatement
of such proceeding, but the commissioners, on
being notified thereof. shall make such order as
they may deem proper for giving notice TO the
party or parties succeeding to tie right Gi such
deceased party or parties and notice of tire pen
dency and prayer Of said petition ard the time
OF hearing the same, shall be given to such own
er or persons; by publication for three eonsecu,
tive weeks, in some paper published or OF general
[ circulation IN said county -..
Sec. ,. That any person or persons claiming
IcoInpensatiob for land appropriated for the pur-
pose of constructing any ditch, dran or water
course. under the provisions OF this act, s1lal
make his her or their application IN writing
therefor, TO the county board Of supervisors on or
before the third day of the session at which the
petition has been set for hearing and If any
application or applications for compensation as
aforesaid shall have been made, the amount OF
said compensation may be determined by agree
ment between the supervisors and such owner or
owners. Every such agreement shall be reduced
to writing, ana be signed by such owner and the
county Supervisors and filed in the Office OF the
clerk Of fhe board Of county supervisors and ev
cry such agreement and every release OF dam
ages giVeQ, shall forever preclude such owner
aud all persons claiming under hiIn, IRON all FUR
ther claim for damages. 1t there be any owner or
owners of land through which said Grain, ditch OF
water course shall be located who shall not APP
ply for or who she'll not agree with the superYls
UTs as to the compensation they shaII receive Tor
damages sustained by them, by reason ii the To-
cation OF such drain, ditch or wateT-course, as
provided in this act said supervisors shall proceed
70 assess the damages which such owner or own
ers viii sustain by reason Of locating said ditch,
drain or water course aforesaid, and make dn
award in writing specifying therein the sum
awarded by them to each Of said owners for their
respective damages. Said award shall be slGned
by said supervisors, and be filed in the Office OF
the clerk of the board of supervisors, with the ro
turn Of the surveyor engineers; and further
proceedings thereafter by the supervisors shall
he adjourned till the next session Of the county
board.
Sec 4. If any applicant for compensation as
aforesaid, shall not be satisfied with the sum
awarded for DAMAGES by such supervisors he
may, within sixty days after the filing of the
award Of damages in the Office of the clerk Of the
board Of supervisors as provided in the preceding
section, apply to the county judge Of the county
for Judge to assess and apprajse such damages.
Such application shall be in waiting, describing
the premises and any number of persons claim
irg damages on account of said ditch, drain or
wGter course, may join in such application. The
party appealing shall serve on the clerk of the
board Of supervisors of the county, at least six
days before the time fixed for making such appli
cation notice In writing, specifying the time
when such application will be made
Sec D. Amy person applying for jury, as
mentioned in the preceding section, shall by him
self or agent, execute 10 the supervisors OF the
county and file with the county Judge, bond
with one or more sureties, TO be approved by said
Iiudge, conditioned to pay all costs arising from
! such appeal and apportiounent Of damages; -
! pro15ded, such jury shall not award larger
amount of damages than was awarded by the
board of county supervisors. Upon any such ap-
plicatioD, the county judge shall make list Of
fifteen DISTINGUISHED freeholders of the county, not
of kin to the owner or occupant of the said lands
Each party may object to five such list, and if
none Of the supervisors shall be present, the
county Judge shall strike off the five names for
the supervisors, and shall thereupon issue pre-
cept 10 the sheriff, directing him to summon the
five persons named in such list not objected TO by
the parties, to meet at q time AID place TO be
specified in such precept, to appraise the damage
sustained by the owner or owners appealing from
the assessment OF the county board as aforesaid,
by the location of the said ditch, drain or water
course. 1T the time and place appointed fer the
appearance of such jury, they shall be sworn by
the county Judge, justly and impartially 10 make
Isuch appraisal, and shall proceed to view the
lpremisos where said ditch, drain or water course
is proposed to be located, and hear thea state
Mepfs anG proof OF parties, If they deem it neces
= saly; and they shall make rheir return of an.
knraiSal to thecOunty fudge. which sHal} he certi
fed by such iAdge and filed with the clerk OF the
beard Of supervisors, with the award Of the board
Of tbs supervisors rs Aforesaid and If the amount
Of appraisal OF such jury shall exceed tie amount
awarded by the supervisors, the costs and exDao
SEES shall be paid by the county; but if the iary
shall net award greater damages than were
awarded by the supervisors the costs and expen
SEES shall be paid by the appellants and the said
county board OF supervisors shall. Mt their ,,oyi
is rendered as aforesaid. proceed locate and es
tabiish such ditch, drain or water course as
: herein provided. The costs and eompengafior
e allowed shall be paid out Of the county treasury
: from the general fund, or remain deposited tLera
in, subject to the order of such claimant or claim
ants.
Sec. 6, That said county board OK supervisors
: 4 whenever they shall have established anv enrI
ditch, dram or water course shall divide the SAM
into suitable seetions. not less In number +bar
the number OF owners OF land throu gh which IN.
came may be located and shaIlas prescribe tb
time within which the work upon such section
II shalt be completed.
h Sec. That the clerk of the county board q
q supervisors shall cause notice to be given of n,
U time and place OF letting out Of tie Kind IF MI
60 be done upon said sections, and the time Axe,
Wy the county board OF supervisors for lis com
20 pelion, by publication fer thirty dsvs in SOM
/ newspaper printed or Of general ciyculation i
said county, and shall let the work in said ser
Etons respectively TO the lowest bidder t6erefor
= and the person or persons taking such work a
" such letting, shah. on the completion thereof +
the satisfaction OF the county board of snnervi
sors, be paid for such work out eff the connt,
treasury, upon the order of the said board OF sIi
/ peIYIsogs, properly attested: pr0Uid a. thar
q any person or persons to whom any norton a
g said work shall he let as aforesaid shall fail +
q perform said work, the same shall be re-leg b
the clerk Of he board Of supervisors in tE.e nan