The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-05-31

lows.
Section |. Section one o. of chapter 1913 oi
the general laws of 1862 is hereby amended, by |
striking out the word Irregular" where it nc |
ours in said section also, by striking oul the
word - conductive" where it occurs in said |
sertion, and inserting in leu thereof the word |
Conducive, so thai il will read as follows
THAT The county board OF supervisors of any |
county shall have power, at ony session. when |
ever IN their opinion the same IL demanded by
or will be conducive TO the public heath, con-
fence or welfare, to cause TO be estnbiIrhed
lacattd and con true ed. = hereinafter provId-
ed any ditch, drain or water course within such
county," . s.-- ..-.Hs
sec. . Section ~ OF said section is also here
,oy amended, by striking mt the word " fec
cd, and inserting in lieu hereof the word ''at-
Iected, " aud by striking out all OF said section
atteriue W, I'd ma'eria, SO that il will read
as toliuwr: :" bat bet,re the county b ard "I
supervisors OF any unity shall take any steps
tow ard locating or establishing any ditch, drain
or water course. there shall be fled with the
cIer k If he board OF supervisors q peltion from
ne ur more persons owning lands adjacent
he line OF such proposed ditch, drain az wdter-
course setting forth the necessity OF the same,
with description of it's propused starting pOInr.
route and te minus, Together with the names If
all persons liable To be benefited or damaged
hereby, SO fa as shown TO The petitioner, and
shall at the same time file bond, with good ard
sufficient eureties to The acceptance ct the clerk
oil the board nt supervisors, condliiOned to pay
al expenses incurred in case. The county board
Of supervisors shah refuse to grant the prayer
If the petition !; and It shall be the duty II the
clerk of the board Of super vsors Immediately
thereafter, to place correct copy OF -alo peu
tion in the hands of the county surveyor, or a
Competent engineer, who shall hereup"D, taklng
with him the necessary assistance proceed {"
make all accurate survey of The route OF The pro-
uosed ditch, drain or wAtcr-cOurse, and on the
COMPLETION thereof, shall return a plat or plats
| and profile OF the same to The said clerk OF the
board of supervisors, and shall alsu set forth in
| his return, description of the proposed route,
| It's availability aud necessity, with descrIp-
ton of each reparaie tract of land ugh which
| the ZANE is proposed to be located, how it Will
be affected thereby and lis situation and level rs
compared with adjoining lands, together with
| such other facts may be deemed mait rial. LIZ
shall be the dutV OF the clerk OF the beard OF SUI
pervsore in media ely on said report being II ed,
TO cause notice to be given as hereinafter direct
ed, of the tendency and prayer of said petition
and the time of hearing the same, which notice
| hall contoin description OF each tract oil laDo
upon which said proposed ditch, drain or water
course is represented upon the plat aforesaid,
| which notice shall be published three successive
weeks before said hearing in some newspaper
| published in said county it there be any, II not
IN some newspaper having general circulation IN
| said county. +. .E
See. 3. Section three i also hereby amended
by striking out the word "thrd," So that it viii
| read as follows THAT any person or pers0nf
! Ginning compensation for land appropriated
| for the purpose of constructing any ditch drain
Or water-course under the provisions OF ms act
shall make his. her or their application i'll writ
| ing therefor to the county board ut supervisors
| ON or before the day OF the session at which the
| petition has been set for hearing and IT any ap
| phcation or applications tor compensation III
| aforesaid shall have been made, The am 'unt 4"
said compensation may be determined by agree
ment between the supervisors and such owner ~
| owners. Every such agreement shsI be reduced
| to wiring and be signed by SUCH owner and The
county supervisors, aud flied in the office Ut the
clerk OF the board OF supervisors; and eVeT0
| such agreement aAl every ielsi Vt damages
! given, shalI forever preclude such owner anC
| all persons claiming under him, from all turIhe
| G aim for damages. If there be any owner O
| owners of land through which such drain, dlicl
| or waier-course shall be located, who shall no
Apply for or who shall not agree with the super
! visors as to the compensation they shall receive
! for damages sustained by shem, by reason OF b.
/ location ut such drain, ditch or waer-course
| rs provided IN this act, said supervisors shall
proceed tu assess the damages which such own
| or or owners will sustain by reason OF locating
| SAID ditch, drain or warer-course as aforesaid
and make an award in writing, specify ing there
| in the sum awarded by them 30 such OF sac
owners for their respective damages. Sac
| award shall be signed by said supervisors, and
| be led in the office of the clerk OF the b"aIc
OF supervisors, with the rel arm o. The suryey'T'
i or engineer. and further proceedings thereaf
| er by the supervisors, shall be ADJ turned III
Tue next session of ihe county board.
Sec. L. Section four OF said act is also amend
ed. by striking out the word, ''siXty," where II
occurs therein, and inserting IN lieu thereof the
word ''Iwenty," 50 that 1t will read az tollowei
| at any applicant for compensation as a"resaid
shall not be satisfied Wilh the sum awarded tn
damages by such supervisors, he may within
Nv eusy days after the filing OF the award OF dam
ages in the flee OF the clerk Of the b0ald o
ST pervisurs as provided in the preceding sec
ton. Apply 10 the county Judge of the county
! for a Jury 10 assess and apprase such damages
such application shall be i'll writing, descrlbIca
| the premises and any number OF persons claim
| ing damages account OF SAID ditch, drain 81
wafer, course, may JOIN in such apphcation. =
| rhe party appea ing shall serve on the clerk o
The board OF supervisors OF the county. at leas
six day 8 before the time fixed tor making suct
application, notice in writing, specifying The
| time when such application YVES made"
Sec. 5. Section five 81 of said act is also here
by ameuded, by striking out the word "regu
J Jar" where it occurs in said section. SO it viii
read as Toll ,ws Amy person applyin for q
Jury, as mentioned i'll the preceding section
| shall, by himself agent execute to The super
| vsurs of the county, AMI he with the county
Judge boud with one or more sureies, tn be
approved by said judge, conditioned to pay al
,osts arising from such appeal and apportl"n-
I
award Il larger smuunt Of damages than vas
awarded by the county board OF superv lSOrs.
| Upon any such application the county judge
sha II make list If fifteen dlsnerested freehold
ers of the county. not o! kin 70 the owner or "c-
cupant OF the said aads. Each party may object
10 five on such list, and if none OF the supervise
nrs shall be present, the county judge shalt srike
uff the five names Tor The SUPERVISOR and shall
| thereupDD issue precept 10 the -herin, direct
ling hun TO summon the five persons named in
cd IN hxtt he q paf
a, time aud place 10 be specified IN such pre-
cept, TO appra,se the damage sustained by the
owner or O~Ders appealing from the assessment
of the county board aforesaid, by the location
OF the said ditch, drain or ~ater-cOurse. AT the
] time and place appointed Tor the appearance OF
SAID Jury, rbey shall be sworn by the county
| Judge, Justly and mpdrtiaiiy to make such ap-
| 81 aisai, aud shall proceed to view the premises
where SAID ditch, drain or water course Is pro-
posed to be located, and hear the statements
| and proof of parties, it they deem 1t necessary
and they shall make their return OF appraisal
TO the county judge, which shall be cer ltied by
said judge, and flied with the clerk "t The
board of 81 pervis0rs with the award Of The
board of supervisors as Et"resaIG ana 1t the
amount of appraisal Of such jury shall exceed
the amount awarded by the superv isors, the
costs,and expenses shall be paid by the County (;
bur If th iary shall not award greater damaget
than were awarded by The supervisors, the costs
and expenses ehall be paid by The appelan, +;
and the said C unity board OF supervisors chat,
1t their next session alter the appraisement by
the jury is rendered as aforesaid, proceed to To-
cafe and establish such ditch, drain or wafer
course, a. herein provided. The cos's and com
pensation allowed ehall be paid ont of The coun-
~ treasury, from the gen eral fund, or remain
deposited herein, subject to the order of such
claimant claimanis.'
Sec This act shall take effect and be in force
from and sft, its passage
Approved April II, 1866. G. --.E ..-. g..
|
Published April 25, 1861
~ sri CHAPTER 1913.
AN ACT to amend section one of chapter 285
of The general laws at 1861 entitled can net
to amend eciion lI2 Of chapter 10 of fhe re.
| vised statutes, entitled 'ci highway, bridges
L -....l