Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1862-07-02
JAMES T. LEWIS,

a. - t so sustain the sense of the coz
text, or where one word has been OBVIOUSLY ns-
Is suppied but in brackets, thus and In no case
is the text of the enrolled bill altered,l
Published June &c, 1921
CHAPTER 3ss.
AN ACT to authorize the county supervisors TO
construct drains In certain cases '-e
The peopze of the STATE of Wisconsin, represented
In Senate and assembly, DO enact % JOYOUS!
ssotion l. That the unity board of supervisors
nj any county, shalt have power, at any regular
sssson, whenever, in their opinion, the same Is
demanded by or will be conductive leonauclfel 70
the public health, convenience or welfare, TO cause
TO he established located and constructed, as here
natter provided, any ditch, drain or water-course
Sac. D. That. before the county board Of super
yisors OF any county shall take any steps toward
locating or establishing any ditch, Dram OF water
course. there shall be tiled with the clerk OF fhe
board Of supervisors, petition from one or more
persons owning lands adjacent to the line OF such
proposed ditch drain OF sesns FORM ~.
proposed starting point, route and terminus, To-
xether with the names Of all persona liable to be
benefited or damaged thereby, SO far as known to
the petitioner and shall, at the same time, file
bond, with good and sufficient suretiss, to the ac-
cepeanss OF the clerk or tho poard OF supervisors,
condit oned to pay all expenses incurred in case
the CO anty board OF supervisors shall refuse to
grant the prayer of the petition ana it shall be
the duty OF the clerk of the board OF supervisors
immediately thereafter, to place correct copy Of
said petition In the hands OF the county survey or,
or competent engineer, who shall thereupon, TAX
ing with him the necessary assistance, proceed to
make an accurate survey Of the route OF such pro-
posed ditch, drain water-course; and on the
completion thereof, shall return plot or plots ana
supervssrs and shall also set forth In mas return,
description Of the proposed route. It's availability
and necessity, with description or each separate
tract OF land through which the same is proposed
to be located, how will be effected thereby, and
its situation and level 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 the board of county supervisors, immedi-
ately said report being fled TO cause notice, ia
writing to be gwen OF the
owners. of each tract OF land along the route OF
such proposed ditch, drain or watsr-course, of the
tendency and prayer of said petition, and OF the
time of the session Of the county board of super
yisors at which the same will be heard, which no.
tce shall be served at least ten days prior to said
session, and an affidavit of said service filed with
the clerk OF the board Of supervisors and in case
any such owner is not resident of the county, or
should any party parties in interest die during
the tendency OF said proceeding, such death shall
not work an abatement of sucn proceeding, but
the commissioners, on being notified thereof, shall
make such order as they may deem proper Tor CIV
ing notice to the party or parties succeeding to che
right of such deceased party or parties and notice
of the tendency and prayer OF said petition, and
such owner or persons, by publication Tor three
consecutive weeKs, in some paper published or OF
general circulation in said county.
Sec 5. That any person or persons claiming COM
pensation for land appropriated for the purpose of
constructing any ditch, drain water course,
der the provisions OF this act, shall make his, her
or their application in writing. therefor, to the
county board OF supervisors, before the third
day Of che session at which the petition has been
set for hearing; and If any application appica.
lions for compensation las aforesaid shall have
been made, the amount of said compensation may
be determined by agreement between the supervi-
sors and such owner or owners. Every such agree
ment shall be reduced to writing, and be signed by
such owner and the county supervisors, and filed
in the Office OF the clerk OF the board of county
md nah, ant
release of damages given, shall forever preclude
such owner and alt persons claiming under HIM,
from all further claim tor damages. 1t there be
any owner owners of land through which said
drain, ditch or water-course shall be located, who
shall apply for, who shall not agree with the
supervisors as to the compensation they shall re-
cGive for damages sustained by them, by reason of
the location OF such drain, ditch
pro,ia4a 81 per procssd
TO assess she damages which such owner or owners
will sustain by reason of locating said ditch, drain
or water-course aforesaid, and make an award in
writing, specifying therein the sum awarded by
them To each OF said owners for their respective
damages. Said award shall be signed by said su-
pervsors, ana be filed in the office Of tue clerk OF
the board OF supervisors, with the return OF the
veyor or engineers; ana further roceedngs there
after by the supervisors, shall be adjourned till the
next session OF the county board.
Sec. 4. Ii any applicant Tor compensation
aforesaid, shall not satisfied with tn. award
Ell 1or damages by such supervisors, he may, within
sixty days alter the filing OF the award of damages
in the office OF the clerk of the board supervisors
provided in the preceding section, apply to the
sppraise such damages. such application shall be
in writing, describing the premises, and any num-
Der of persons claiming damages account OF said
ditch, drain or waler-course, may join in such ap-
plication. The party appealing Shall serve on the
clerk of the board OF supervisors of the county
least six days before the time fixed for making such
application, notice in writings specifying the time
wnen such application will be made.
Sec. 8. Any person applying tor a jury, as mem
toned In the preceding section, shall, by himself
agent execute to the supervisors the county and
nie with the county judge, bond with one or more
sureties to be approved by said judge, conditioned
60 pay all costs arising from sucn appeal and APP
portionment OF damages: pTooided, such jury shall
not award a larger amount of damages than was
awarded by the board OF county supervisors. Up
on any such application, the county judge shall
make list OF fifteen disinterested freshoiders Of
the county, not of kin to the owner or occu.
pant OF the said lands. Each party may object to
hve on such list, and if none of the Supervisors
shall be- present. the county judge shall strike off
the i've names for the supervisors, shall tn ere
upon issue precept to the sheriff, him
summon the i've persons named in such list not OBJ
jected TO by the parties, to meet time and
place to be specihsd in such precept, to appraiss
the damage sustained by the owner or owners ap
pealing from the assessment of the unity as
aforesad by the location OF the said ditch, drain
water.course. At the time and place appointed for
the appearance OF such jury, they shall be by
the county judge, justly aud impartially to make
such APPRAISAL and shall proceed Co view the prem
tses where said ditch, drain or watercourse is pro
posed to be located, and hear the statements and
proof OF parties, ii they deem il necessary: and
they shall make their return of appraisal to the
county judge, which shall be certified by such
judge and fea with the clerk of the board of su-
pervsos with the award OF the board of the SUPER
visors as aforesaid; andif the amount of appr asal
OF such jury shalt exceed the amount awarded by
the supervisors the costs and expenses shall be
paid by the county but ii the jury shall not award
greater damages than were awarded by the super
visors the costs and expenses shall be paid by the
eppelanti and the said county board of superb.
sors SHALL at their next regular session after the
appraisement by the jury is rendered aforesaid,
proceed to locate establish such ditch, drain
water course, Us herein provided. The costs and
compensation allowed shall be paid out of the
Deposited therein, subject to the order OF such
claimant or claimants. a1f SEQ to-ss
Sec. q. That said county board of supervisors.
whenever they shall have established any such
ditch, drain or water-course, shall divide the
same into suitable sections, not less in number
than the number of owners Of land through which
the same may be located, and shall also prescribe
the time within which the work upon such sections
shall DO completed.
Sec. T. That the clerk of the county board of
supervisors shall cause notice to be given of the
time aud place of letting out, Of the kind of work
to be done upon saia sections, and the time fixed by
the county board Of supervisors for its
by publication for thirty days in some newspaper
printed or of general circulation in said county
and shall let the work in said sections respec
to the lowest bidder therefor; and the person or
persons taking such WORK at such letting shall on
the completion thereof to the satisfaction of the
county board OF supervisors be paid for such work
out OF the county treasury, upon the order of the
said board OF supervisors, properly attested pro-
ct0ed, that IL any person or persons to whom any
portion OF said work shall be let as aforesaid shall
iail TO perform said work, the shall be re-let
NV Tho