Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1866-06-09

be signed by such owner and the county supervisors
and ed in the Office of the clerk Of the board of
pervis0rs and every such agreement and every re-
lease of damages given, shall forever preclude such
owner and all persons claiming under him, from all
further claim forsdamages. lfthere be any owner
owners Of land through which such drain, ditch or
watercourse shall be located who shall not apply for
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
ditcn or water provided in this act, said
supervisors shall proceed TO the damages which
such owner or owners will sustain by reason Of loca
ting said ditch, drain or water course as aforesaid and
make award in writing, specifying therein the sum
awarded by them to such Of said for their re-
spectve damages Said award shall be signed by said
supervisors and be filed in the office Of the clerk Of
board of supervisors with the return Of the
engineers; and further proceedings thereafter by
the supervisors, shall be adjourned till the next ses-
sion of the county board.
Sec. A. Section four of said act is also amended
by striking out the word sixty" where it occurs
therein and inserting in lieu thereof the word TWEEN
ty ;" so that il will read as follows: g If any app-
cant for compensation aforesaid shall not be salts
fed with the awarded for damages by such super
visors he may within twenty days after the filing of
the award of damages in the office Of the clerk of the
board of supervisors, as provided in the proceeding
section, apply 10 the county judge of the county
jury to and appraise such damages Such app-
cation shall be in writing, describing the premises
and any number Of persons claiming damages on
account Of said ditch drain or water 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
application, notice in writing, specifying the time
when such application shall be made"
Sec Section (5) of said act is also hereby amend
ed, by striking out the word - regular" where il
in said section, so it will read as follows: ssAny
person applying for jury, as mentioned ia the pre-
ceding section, SHALL by himself or agent execute
TO the supervisors of the county, and lille with the
county Judge, a bond with or more sureties TO be
approved by said judge, conditioned to pay all costs
arising from such appeal and apportionment of dam
ages, provided such jury shall not award a larger
amount Of damages than was awarded by the county
board of supervisors Upon any such application.
the county judge shall make list Of fifteen disinter
ested freeholders Of the county, of kin to the
owner occupant Of said lands. Each party NAV OBJ
ject TO hive on such list, and If of the superyi-
shall be present the county Judge shall strike of
the five names for the supervisors, and shall there
upon issue precept 10 the sheriff. directing him to
summon the five persons named in such list not OBJ
ected 10 by the parties to meet at time and 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 aforesaid by the To-
cation of the said ditch, drain or water-course AT
the time and place appointed for the appearance of
said jury, they shall be sworn by the county Judge,
justly and impartially TO make such appraisal and
shall proceed to view the premises where said ditch
drain watercOurSe is proposed TO be located and
hear the statements and proof Of parties If they deem
necessary and they shall make their return of an
praisal TO the county judge, which shall be certified
by said judge, and filed with the clerk Of the board of
supervisors, with the award of the board of supervs
ors as aforesaid and If the amount of appraisal of
such jury shall exceed the amount awarded by the
supervisors the costs and expenses shall be paid by
the county but if the jury shall not award greater
damages than were awarded by the supervisors, the
costs and expenses shall be paid by the appellant and
the said county board Of supt rvsors SHALL at their
next session after the appraisement by the jury is rem
dered as aforesaid, proceed to locate and establish
such ditch drain or water-course, herein provid-
ed. The costs and compensation allowed shall be
paid out Of the county treasury, from the general
fund, remain deposited therein subject to the or
der Of such claimant or claimants"
Sec. 8. This act shall take effect and be in force
from and after its passage.
Approved April ~, ls66. ET- COPY.
Published April 25th, 1861
CHAPTER I23-GEsERAL
AN ACT to amend section one of chapter 2s5 of the
general laws of 1861, entitled % an act to amend
section ll2 Of chapter 10 of the revised statutes.
entitled of highways, bridges and ferries'"
To the people Of the State of Wisconsin, represented
in senate and assembly do enact as follows:
Section l. Section one OF chapter two hundred and
eighty five Of the general laws Of the year eighteen
hundred and sixty-one. entitled " an act to amend
section one hundred and twelve ofchapter nineteen of
the revised statutes, entitled Of highways, bridges
and ferries is hereby amended, that said section
will read follows: ''SectiOn !, Said section Is
hereby amended, 10 read as follows: Every
person who shall obstruct any meandered navigable
stream in this State by telling any there
in, or by placing any refuse lumber, slabs or other
substance calculated to impede the free navigation
thereof either IN such stream or in any tributary of
said stream, that the same shall float into such
meandered navigabe stream, by the construction
maintenance, aiding or assisting in,the consrc
ton maintenance of any boom not authorized by
the laws Of this State, shall forfeit for each such offence
and for each day the navigation of such stream shall
be obstructed by such boom, the of twenty-five
dollars, one-haf to the nforner and onehalf to the
treasury of the county where such oense may be COM
mitted; and every person damaged by such oiense
may for and collect such penalty, by civil action
in the circuit court of the county where such oense
may have been committed and may in the action
sue for any special damages he may have sustained by
reason Of the offense complained of in such action
The plaintiff in such action shall be the informer and
the defendant, the person alleged TO have committed
the oense and if the Ofense be found and adiudged
to have been committed, as alleged in the compIant
the plaintiff shall recover costs of the defendant
otherwise the defendant shall recover costs of the
plaintiff. The verdict finding in such action shall
state, first, whether not such Ofiense has been
mitted as alleged in the complaint, and if commit
ted second, the amount of special damage which the
plaintiff has sustained thereby"
Sec 2 This act shall take effect and be in force
from and after its passage and publication
Approved April IL, 1866 eY- COPY.
Published April 25, 1861
CHAPTER 115.-GENkRAL.
AN ACT to facilitate reviews on appeals in certain
cases
The people Of the State of Wisconsin represented in
Senate and Assembly, do enact as follows:
Section ] In all actions wherein Judgment shall be
rendered in any of the courts of record Of this State
and the Judge by before whom the same were tried
shall die or remove from the State before any bill of
exceptions, as provided, required authorized by
law, shall have been settled therein, and before the
time has elapsed for settling the same as fixed by
by r
agreement between the parties, the court in which
lthel rendered shall grant new trial there
in, upon application of either one of the parties
prOUidsd that such application shall be made at the
first term of the court in which such Judgment was
rendered after the death removal of such Judge
and proof ted further. that such application shall not
be granted unless the party making such applica-
ton, his agent, attorney or counsel, some one
on his behalf, shall make affidavit that such APP
peatiOn is made in good faith, and for the pur-
pose of delay.
Sec. .. In all cases in any of the courts of record
of this state, wherein at any time within three years
Immediately preceding the passage of this act,
judgment shall have been rendered and entered
and the judge by and before whom the same were
tried has died removed from the State previous
ly TO the expiration Of time fixed by law or by the
order Of any judge court by stipulation or agree
ment between the parties their attorneys therein
for settling bill of exceptions therein as author
lied, provided or required by law or as required or
authorized by any Of the provisions of chapter 264
Of the general laws of a. D. 1860 of the state of
Wisconsin, or OF any act amendatory thereof, the
court in which said tried and Judgment
rendered, shall upon the application of either
Of the parties, vacate and set aside any such iadg-
ment, and grpnt a trial in such action and
an appeal 10 any such action, from the judgment
therein, shall have been made taken to the SUI
preme court, such application may be made either
10 such supreme court the court in which same
was tried and in case the application is made to the
supreme court as above provided, such court shall
make an order setting aside the judgment rendered
therein, and direct that trial be mad therein and
shall remand all papers therein, rovided, that the
preme court may require the party making such APP
pcation TO pay all clerks costs in supreme court and
all disbursements which the opposite party has been
subjected TO in said court for printing proutfed,
howtuer, that such applications under this section
shall be made 10 the supreme court the term which
may be in session at the time of the passage of this act
if there be sufficient time to make such application at
such term, if not then at the term or at the first
general term of the court in which such judgment
rendered. which shall be held after the passage of this
act and proeided fnt1er that such application shall
not be granted without the party making same. his
agent, attorney, counsel, or his behalf,