Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1872-03-26
LOCAL LAW.
Published March 10, 1871
CHAPTER 44-lOcAL.

AN ACT to ammend chapter 1873 Of the private and
local laws Of 1865.
The people Of the state of Wisconsin, represented in
senate and assembly, do enact es follows:
Section l. Section five of an act entitled can act
to authorize the improvement of water power and
the erection Of mills aud machinery in the village Of
Boscobel approved March 20, 1866, is hereby amend
ed that ii shall read as follows, Ia wit: The water
power thus accumulated by either of said streams,
both uni ted, much of it may Be necessary,
shall be applied by the said D. H. Sylvester and his
socates, il propeng Touring mill mill situate ed on
section 20, in the town of Boscobe. owned BY them,
such mill mills, wherever located in the village Of
BOscObel to Go custom work and Touring and shall also
be used bY the village OF Boscohe, whenever needed
protection agans' fires, or for sanitary purposes and
for the operation OF water works for general in said
village 10 such and bg such appliances as the
president and board OF trustees of said village may de-
termiue, and fer the purpose of determining the rea
tive lights and duties Of he said d. X. Sylvester and
lis associates, aud the village of Boscobe in the prem
hes and for the and purposes aforesaid ii shall and
may lie lawful for either party, any interested
in the premises, to apply to the circuit court for Grant
county in term time, upOe petition duly filed there
in settng forth all material and necessary facts in the
premises, for order determination, regulating
such rights and duties by three commissioners TO be
appointed by said court copy of such petition with
days notice of the time anS place Of appointing
such commissioners shall be served the parties in
terested IN such application. Upon due proof of III.
service OF copy OF such petition and notice. the said
shall proceed to appoint three disinterested free
holders Of said county commissioners to define such
rights and duties as aforesaid, and TO assess the dam
ages which any person may or shall sustain by
of taking the whole part Of the waters of said
strea u.s. either of Them for the purposes afore aid
who upon being duly TO discharge faithfully and
impartiay their duties in the premises SHALL upon
notice of not less than six days OF the time and
place Of their meeting for that purpose proceed
hear and determine the matters to be submitted TO
them under this act, and fix and determine upon the
relative rights aud duties of the said d. Sylvester
and his associates and the village of Boseobel in the
maintenance, use and enjoyment of said water power
in all respects and determine all other questions hee
in provided for and such decision and determination
Hf,a ~ .Kag4sa
spectve parties, when confirmed unless appealed from
hereinafter provided Said decision and determine
ton, within thirty days after the shall be made
shall be reduced to writing and signe2 by majority
said commissioners, and filed and recorded IN the Office
of the clerk OF the circuit court for Grant county, and
unless appealed from, the said court shall and may
within tea days thereafter make and enter such udg
meat Of confirmation thereof, confirm or modify
the after the determination Of sppeal as shall
be just and proper. any party shall be aggreved by
the Determination decision OF said commissioners
made aforesaid, il shall and may be lawful for
such pat T. appeal theretrom to the circuit court Of
said county at any time within ten days after the hng
aud recording of sucl decisu n and determination as
aforesaid, by serving notice of such appeal upon the
adverse parties and filing the same with the clerk Of
SAID court specifying the grounds Of such appeal aud
all issues OF fact upon such appeal shall be tried aud
submitted in said court to jury duly drawn from the
general panel at any regular term thereof aud said
commissioners and any jury which may be empaneied
shall in passing upon the matter submitted to them
spectively take into consideration the benefits received
as well as the injury which any party interested ia
the matter may sustain, in arriving at determine
ton in the prem ises, and between the said H. r.
Sylvester and his associates, and the village Of BOs-
cobel in determining the relative rights and duties
tween them, they shall take into consideration any
and all damages assessments recoveries aud judgments
heretofore sustained. made had obtained against
the said Sylvester and his associates Tor the taxi
ing and diversion Of the waters of said streams
either Of them and for the of aay lands taken for
said work. aud any aud all damages found orassessed
under the provisions OF this act shall be rendered 70
the party t. whom the shall may be ssessed,
within ten da after the filing of the report decision
and dete minat Of said commissioners, and be paid
forthwith, afie final adjudication in the premises,
injunction may be allowed to protect the rights
of the party hggreved by any neglect in respect there
Of Upon an verdict rendered upon such appeal as j.
herein provided for, the circuit court shall render such
judgment substantial equity and justice and the de-
termination said jury may require, and any judg-
ment rendered pursuant 70 the provisions Of this act
may be appealed from and reviewed in the supreme
court 10 like manner is provided in the Of udg-
men.s ia civil actions
Sec 2 This shall take effect and be 10 force from
and after its passage and publication and all acts
psrts Of acts in conflict Herewith hereby epeals
Approved March Is, 2ST2.