The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1867-04-18
LAWS OF WISCONSIN.
OFFICIAL.
Published April /, 1851
CHAPTER 4O-GENERAI


| CHAPTER 40-GENERAL.
AN ACT to encourage the cultivation OF cranberries
The people of the state Of Wisconsin, represented in
senate and assembly do enact follows
Section l. 1t shall be lawful for any person or per-
sons owning or occupying lands within this state
adapted to the culture or Growing of berries 10
build and erect, keep up and maintain such dam or
| dams upon and across any stream, ditch sluice
slough or any other body Of water as shall be nee
essary for the purpose OF flowing said marsh land
Sec. 2 II shall also be lawful for any such person
| or persons to dig, construct and keep open upon
across and through any lands below said marsh
land all such drains and bitches shall be or be-
come necessary for the purpose of draining and car
rylng oil the water from such marsh land whenever
| it shall be desirable to do so.
| Sec. B. Whenever any damage shall be suffered by
or occasioned to the owner or owners of any land or
| lands which shall be oyerAowed by reason of the
| building, keeping up and maintaining of any such
aitn or 10 the owner OF any lands below said dam,
by reason or on account Of the digging constructing
ana Keeping open any such drain or ditch as is by
sectlOn TWO OF this act authorized to be made the
person or persons building keeping up and main
| tanning such dam, or digging, constructing and
keeping open any such drain or ditch shall be liza
bic to the persons whose lands injured for the
| full sum OF damages so sustained by the means
aforesaid to be ascertained and determined as here
| matter provided.
| Sec. 4. Whenever any person shall claim damages
| sustained by him by reason or on account of The
hoWage OF dItchIng OF his land in the manner and
Tor the purpose herelnbeiore provided and shall be
unable 10 agree with the person or persons whose
liability to pay the same Is by this act declared upon
the amount to be paid to him or them in satislac-
ton OF the damages resulting or to result to the Der-
son or persons so claiming damages then the ones
ton of Compensation shall be submitted to ar6itTa
tors In the following manner to wit The person or
persons claiming damages shall select one disinter-
ested arbitrator and give notice thereof to the per-
son or persons from whom such damages are claim
ed,Who shal also, within ten days after the receipt OF
such notice, select one dIsntercsted person moi OF
KIN TO any OF the parties interested in keeping up
and maintaining said dam or dams ditch or bitches
give notice thereof TO the claimant and to each OF
the persons so selected as arbitrators.
ghnll haf Il ry,f4 -
ed as arbItrators, uFon being 50 notified that they
have been so selected, to appoint time within 70
days thereafter when and place where they will
meet 10 CONSIDER and determine the amount OF dam.
ages which The complainant ought to have and re-
CeNe and for that purpose they shall agree upon an
Indifferent third person an arbitrator to act with
and they are hereby empowered to 80 upon and
view the premises, and hear proofs and allegations
Of the parties IN interest; and the said board of or
OitratOrs, or any two OF them, shall make duplicate
statements OF the proceedings had by them, and OF
the amount by them ordered to be paid to the par
ty complaining and deliver 10 each party to said
controversy one copy thereof.
Sec. o. 1t shall be the duty Of the party required
by any such award determination of said arbItra.
tors to pay any sum OF money as damages as before
provided, to pay the within twenty days after
the delivery TO him OF copy OF said award, unless
the opposite party shall within ten days after the de-
livery of said copy, appeal to the circuit OF the
ICOanty IN which said injury some part thereof
shall accrue from the award is hereinafter prOvi-
ded and unless the party required TO pay the said
sum shall himself appeal TO said court from said
laward in like manner.
Sec. {. II either party to said award shall not be
satisfied with the sum awarded, he may within
ten days after the delivery to him Of copy thereof
as before provided serve upon either OF said arbi-
traitors notice that he appeals heretrOm to the cir
cult court OF the proper county, stating the county,
WhereupOn the said arbitrator, or any two of them
shall within ten days thereof, make, under their
hands, Iul statement OF the proceedings bad by
them and OF the award made by them and file the
same with the clerk Of the said court upon the re-
cept OF which 1t shall be the duty Of said court up
calendar sal an pti in Ixybip
the claimant shall be plaintiff and the party from
whom damages are claimed shall be defendant; and
thereafter said action shall be deemed at Issue il
said appellate county, and shall be proceeded with
therein according to the rules and practice of sale
court for the trial of issues of fact, and judgment
shall be entered therein in like manner and witt
, like effect as in other civil actions at law.
Sec. 5. 1t upon the t1al OF said action judgment
shall be had in favor OF the plaintiff and it shall be
paid by the defendant within sixty days next suC
! ceeding the entering thereof in case the same
shall within the time aforesaid, be removed by eli
Jher party thereof to the supreme court then within
sixty days next succeeding the atirmanCe thereO
by said last named court then and i'll that case thu
person so erecting said dam or dams. digging sucl
ditch or dches, Drain or drains, shall have the per
petual right to maintain and keep the same in gOOC
condition and repair, and shall not nor shall thei
e. assigns, be liable to the payment of any furthe
damages on account Of any such dam, ditch draiI
so made as aforesaid.
Sec. 8. In all cases arising under the provisions o
this act In which an appeal from the award OF arbi
traitors shall be taken by the claimant, aud no NOR
damages are recovered by the final Judgment of tn
court IN the case tuan were by said arbitrator
awarded to him, said complainant shall pay ali cost
OF the appeal aud al such as shall accrue il
the action subsequently thereto and in cas-,
an appeal shall be taken by any person required b.
said award to pay damages, and an amount shall b.
recovered by the final judgment of the court in thu
, case equal or greater in amount thai
was awarded against him then and in all such case
r such party shall pay all costs of the appeal ant
those III the action subsequently thereto.
Sec. 10, The arbitratOls provided for by this act
shall be entitled to have and receive for their scryi
ces three dollars per day each, to be paid to them il
whole or in part by either party to any proCeedn.
had before them, or any two OF Them small in and b.
their award determine: PrOUiGed, that in all cases
if either party shall appeal from said award the par
4 ty so appealing shall at the time of serving notice
OF said appeal, pay to the arbitrator upon whom
such notice is served the amount of the fees of al
OF said arbitrators, and one dollar state tax whcl
last named sum said arbitrators shall pay to tn
clerk of the court to whom their return is by thi
act directed to be made, at the time of making tn
: said return.
e Sec. II. Amy person claiming damages on accom-
OF any dam, ditch drain authorized by this act t
be made, shall recover the same in pursuance of tn
remedy hereby provided, and not otherwise.
Sec. u. In all cases arising under the provision
Of this act, in which shall be necessary to serv
notice upon any person who may be of this stat
or whose whereabouts shall not be known to tn
person desiring to the same, it shall be Lawful
10 serve such notice upon any agent or employees
OF the party upon whom sucn service is be made
who may be found within this state, and the service
so made shall have the same efectas ifIL were mad
l upon said party in interest.
e Sec. ID. This act shall take effect and become
force from and after its passage and publication.
Approved March %, 1867.
l TpubIicbnd ADril I 1892