The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1862-07-18

scription Of each separate, tract of land
through which the same is proposed TO be
located, how it will be effected thereby,
and its situation and level as compared
with that Of the adjoining lands, together
with such other facss as lie may deem ma>
terial. l. shall be the duty of the clerk
OF The the board Of county supervisors.
Immediately on said report being filed, to
cause notice, in writing TO be given to the
owner or one Of The owners, of each tract
Of lard along the route Of such proposed
ditch, drain or water course, OF the pen
dency and prayer of said petition, and Of
the zine Of tbe session of the county board
of supervisors at which the same will be
heard, which notice shall be at least ten
dsys prior to said session, and an affidavit
Of said service fled with the clerk Of tile
board Of supervisors: aud in case any such
owner is not resident of the county, or
should ally party or parties III interest die
cuilng the pendsacy Of said proceeding,
such death shall hot work an abatement Of
such proceeding, bat the commissioners,
on bang not fed thereof, shall make such
order as they deem proper for giving no
ice to The party or parties succeeding to
the night Of such deceased party or par
ties; and uotice Of tie peudurcy and
PRAYER Of said petition, and the sime of
hearing The same, shall be given TO such
owner or persons, bv publication for three
consecutive weeks, III some paper publish
ed or OF general circulation iu said eoun,
t,.
Sec. g. Tia. any person or persons
ella ming compensation for land aE-
propriated for the purpose Of construct
ing any ditch, drain or water course, un-
der the provisions Of this act, shall make
his, her or their application in wiring
therefor, to the county board Of superyis>
ors, on OF before the thild dag Of the ses-
sioH at which TIE petiliea has been set for
hearing; and if any publication or AZ
plicatiuns for compensation as aforesaid
shall have been made, the amount OF SAID
compensation may be determined by
agreement between the supervisors and
such owrer or owners TY, ~ such agree
ment shall be red seed to writing, and be
signed by such osnes and the county su
per,isors, aud filed iu the Office of the
clerk Of tie board Of supervisors aud
every such agreement and every release
Of damages given, shal! sogeyer preclude
such owner and atl persons claiming un-
der him, from all farther claim or damages
If there ba any owner or owners Of land
through which said d:ain, ditch or water
course shall be located, who shall not APP
ply for, or who shall not agree With The
supervisors as to the compensation they
shall receive for damages sustained by
them, by reason OF the location Of such
drain, ditch or wafer course, as provided
in this act, s9il Supervisors shall proceed
10 assess The damages which such owner
or owners will sustain by reason Of ioca
ing said ditch, drain or water,course as
atore aid, and make an award in writing,
specifying therein the sum awarded +,
them to each of said owners for their re.
,pec;ive damages. Said award shall be
~@nei by said supervisors, and be fled III
the Office Of the clerk OF the board Of su
peryis0rs, with The return OF the survey or
or engineers; and further proceedings
thereafter by the supervisors, shall be al
iouTued till the next sc son of the county
board.
Sc. i. If any applicant for compensa
ton rs aforesaid, shall not be satisfied with
the sum awarded for damages by such SUI
Per' sors. he may within sixty days after
the fling Of the award Of damages in the
Office Of lie clerk of the board Of super
visors rs provided IN the preceding section
apply to the county judge of the county
for jury to assess and appraIse such
damages. Such application shall be IL
writing, describing the premises, and any
number of persons claiming damages OF
account of said .li;ch, drain or waters
course, may join in such application =
The party appealing shall serve on the
clerk Of the board OF supervisors Of tie
tie county at least six days before the
time Fixed for making such application
notice in writing, specifying the time
when such application will be made.
Sec. 5 Any person applying for q jury,
as mentioned III the preceding section,
shall, hY himself or agent, execute 10 the
Supervisors uf the county, and fIe with
tie county Judge, bond with one or
more sarcios, to be approved by said
judge, conditioned TO pay ali costs arising
from such appeal and appor,ionment 0:
damages: prootded, euch jury Shall lot
award larger amount Of damages than
was AWARDED by The county board Of super
visors. Upon any such application, the
county Judge shall make lis, Of fifteen
diainte.esteI freehol6crs of the countr, not
Of kin to The owGcr or occupant Of the
said lands. Each party may object to five
on such list, aud if none Of the supervisors
shall be present, the county Judge shall
strike off the five names Tor the supervisors
and shall thereupon issue precept 10 he
eherltf, directing him to summon the five
persons named IN sUci, list not Objected Ia
by the parties. to meet a q time and place
TO be specified il such precept, to appraise
the damage sustained BY the owner OF
owners appealing from the assessment ot
tie county board as aforesaid, by the loca
ton Of the said ditch. drain or water.
course. At tie time and place appointed
for the Appearance OF such jury, they shal
be sworn jy the county judge, Justly anc
impartially to make such appraisal, anC