Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1867-04-20
Published April 1; 1861
CHAPTER 4o-GsNrRAr
AN ACT to encourage the cultivation of cranber-
ries.

CHAPTER 40-GENERAI.
AN ACT TO encourage the cultivation of cranber.
ries.
The pc ople of the state of Wisconsin, represented
IN senate and assembly, do enact as follows:
Section 1. 1t shall be lawful for any person or
pers owning or occupying lands within this state
adapted TO the culture or growing of eranberries
to build and erect, keep up and maintain such
dam dams upon and across any stream, ditch,
suice, slough or any other body of water, shall
be necessary for the purpose OF flowing said msrsh
land.
Sec 2 1t shall also be lawful for any such person
or persons 10 dig. construct and keep oOen upon,
across and through any lands, below said marsh
land ali such dra and bitches as shall be or be-
come necessary for the purpose of draining and
carrying OF the water from such marsh land when
ever it shall be desi- able so TO do.
Sec. 3. Whenever any damage shall be suffered
by or Occasioned to the owner or owners of any
land or lands which shall be over flowed by reason
of tue building. keeping up and maintaining of
any such dam, or to the owner of any lands below
said dam, by reason or on account the digging.
constructing aud keeping open any such drain or
ditch Is by section two of this act authorized to
be made. the person or persons so building, keep
ing up and maintaining such dam, or digging. con.
stTucIing and keeping open any such drain or
ditch, shall be liable to the persons whose LANDS
are injured for the 1ull sum of damages so sus-
tanned by the means azores aid to be ascer tanned
aud determined hereinafter provided.
Sec A. Whenever any person shsli claim DANA
ges, sustained by him by reason on account OF
the fowage or ditching Of his land in the manner
and for the purpose heTeinbsfore provided, aud
shall be unable to agree with the person persons
whose liability 10 pay the is by this act de-
clared, upon the amount 20 be paid 10 him or
them IN satisfaction OF the damages resulting or to
result TO the person or persons so cia ming dam
ages, then the question of compensation snail be
sub1nitted to arbiirators in the following manner
to wit; The person persons claiming damages
shall saleet dislntaresIeo arbitrator, aud give
notice thereof to The person or persons from whom
such damages are claimed, who AhaltaisO, within
ten days after the receipt OF such nOce, select
disinterested person, not OF kin to any OF the par
ties interested 10 keeping up and maintaining said
dam dams, ditch or bitches, drain or drains. 10
act arbitrator, and shall also give notice thereof
t. the claimant and to each OF the persons SO Sc
lscted as arbitraioTs.
sec 1t shall be the duty of the person so Sc
lected as arbiirators upon being notified that
they have been 50 selected, TO appoint time with
ina twenty days thereafter when ana place where
they viii meet 10 consider and determine the
amount of damages which the complainant ought
to have and receive; and for that purpose they
shall agree upon an indifferent third person an
arbitrator TO act with them and the three arbitrators
80 chosen shall be and they are hereby empowered
to go upon and view the promises. and hear proofs
and allegations of the parties in Interest; and the
said board of arbitrators. any two OF them, shall
make duplicate statements of the proceedings had
by them. and OF the amount bythem ordered to .
paid to the patty 30 complaining. and deliver to
each party to said controversy one copy thereof
Sec s. Il shall be tie duty of the party required
by any such award or determination OF said arbi-
traitors 10 pay am sum of money damages as be-
fore provided 10 pay he same within twenty days
alter the delivery 20 him OF copy of said award,
nniess the opposite party shall within ten days al
ter the delivery OF said copy appeal TO the crcut
court of the county ia which said injury or some
pat thereof shall accrue, from the awarl as is
hereinafter provided and unless the party required
to pay the said sum shall himself appeal 10 said
court from said award in like manner.
Sec z. Ii either party to said award shall not be
satisfied with the sum so awarded, he may within |
day after the delivery 10 him OF copy thereof
before provided, serve upon either OF said aTbf
traitors notce that he appeals theretrom to The cir
cult court of the proper county stating the county,
whereupon the said arbitrators, anys two OF !
them, shall within ten days thereafter mate under
their hands full statement OF the proceedings had
by them and OF the award made by them. and file |
the with the clerk of the said court upon the
receipt of which it shall be the duty of said clerk 10
enter upon the calendar OF said court action in
which the claimant shall be plaintiff and the party
from whom damages are claimed shall be defend |
anti and thereafter said action shall be deemed Al
issue in said appellate court and shall be pro-
ceeded with therein according to the rules and
practice of said court for the trial Of issues Of fact