Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1876-05-10

In case said jury shall fail to agree, they shall
so report to the judge or commissioner by
whom they were appointed who shall there.
upon appoint another jury. ard such eecoud
ury shall be selected, summoned and sworn to
proceed In the same manner above prescribed
by the first jury. The county Judge or com
missioner snail be entitled to one dollar, the
marshal or constable to two dollars for each
case, and each juror one dollar per day for all
services rendered by them respectfully in each
of such proceedings under this act.
Section B. If the verdict of Che jury shall
be that it ls necessary to take the said lands,
or any part thereof, for the purposes specified
in such petition, the said board of trustees
shall proceed to lay out open, change, ex-
tend or widen such public square. grounds,
highways, streets or alleys, and cause the
damages and benefits resulting from the same
to be assessed, collected and paid, and said
public squares, grounds highways, streets or
alleys, to be widened, opened, laid
out or extended in the manner prescribed by
this act, they shall cause an accurate survey
thereof to be made. when necessary, and shall
cause an order containing their decision upon
the petition and survey, 10 be entered in their
Journal, and shall cause copy OF such order,
and plat OF the street or alley, to be fled iii
the office OF the register of deeds of the county.
Section 6. The assessment of all benefits and
damages which may arise or accrue from lay
ing out, opening, changing, extending or
widening any public squares, grounds, high
ways, streets or alleys, under the provisions of
this act, shall be made by the board of trustees
or such village. It shall be their duty the sam
as follows: To each lot or tract injured there
by, or OF which the whole or any part thereof
must be taken therefor, the board snail assess
SO much of the damages as they shall deem
just to each lot Or tract which will be benefited
thereby; they shall assess the amount of such
benefit and shall determine what portion of
such damages shall be paid by the village at
large, from the general fund of the corpora.
ton Their assessment and determination
shall be in writing, signed by them or major
ity of them, and fled with the village clerk.
The assessment Of benefits as made by the
trustees or Id case of appeals as hereinafter
provided by the verdict of jury, shall be
they may be assessed, from the time Of the
filing thereof, and the collection thereof shall
be enforced in the same manner as other taxes
assessed against such lands.
Section Z. Any person whose propertv is
taken, or against whose property an assess
ment Of benefits Is made as hereinbefore pro-
vided, may within ten days, and not after
wards. appeal from such assessment of damages
or benefits to the circuit court of the county,
by filing notice OF such appeal with his rea-
sons therefor with the village clerk. Such
appeal shall be tried by the court and jury as
in ordinary cases. Upon receiving notice of
such appeal, the village clerk shall transmit to
the clerk Of the circuit court certified copy of
ali the proceedings relating to the matter in
controversy. The verdict of the jury, when
rendered, shall be certified by the clerk of the
circuit court, to the village clerk, together
with q statement of the costs on appeal in the
appellate court; il the appellate gain nothing.
in increase OF damages or reduction of benefits
by the verdict of the jury on appeal, he shall
pay the costs OF appeal, and Judgment shail
be entered against him FOR such COSTS other
wise the costs shall be paid by the village. and
Judgment shall be entered against the village
therefor.
Section g. No public grounds, squares, high
ways, streets Or alleys laid out, widened or ex.
tended under the provisions of this act, shall
be opened, widened or extended until the
damages for taking the lands therefor as as
sessed blythe trustees, or in case of appeal by
the verdict of the jury shall have been paid
or rendered to the owner or owners, or his or
their agent, OR in case the owner or agent cam
not be found or Is unknown, deposited to his
credit la some safe and convenient place of
deposit After such payment tender or
deposit, such grounds. square, highway, street
or alley. shall be subject to all laws and ordi
nances Of the village in like manner as public
grounds, squares, highways, streets and alleys,
heretofore laid out and opened. II such
payment, tender or deposit shall not be made
azores id to ali the owners whose lands are
required to be taken in the laying out, widen
ing or extending of any public grounds,
"
year after the assessment of damages as
hereinbefore provided, the proceedings in
laying out. widening or extending such public
grounds, square, highway. street or alley, and
all assessments thereon shall be void, and all
moneys paid into the treasury on account Of
benefits to any lot or tract of land assessed in
such proceedings. shall be refunded to the
persons entitled thereto.
Section 8. Chapter two hundred and seventy
eight of the general laws Of 1873, andall acts
and parts OF acts in conflict with the provis-
ions of this act, are hereby repealed.
Section TO- This act shall take effect and
be in force from and after its passage and
publication.
Approved March 10, 1876
Published April 6, 1885,
CHAPTER $685.
AN ACT to facilitate the driving of logs down the
zivers Of the states and their tributaries.
The people Of the state of Wisconsin, represented
in senate and assembly, do enact as follows
Section l. All Incorporated companies organ
lied or which shall hereafter organize under
chapter one hundred and forty-four, of the gen.
eral laws of Wisconsin, for the year 1872, and the
acts amendatOry thereof, for the purpose of driv-
ing, sorting and delivering logs on the rivers
of the state, and their tributaries, and for the
improvement of such rivers and tributaries for
such purpose their successors and assigns are
hereby authorized and empowered to improve
any Of such rivers and tributaries, or any part
thereof, by clearing and Strengthening the chan
nelS IhereOf, closing SlOugnS, erectlng SIu1ce
ways, bOOms Of all kinds, necessary side, rolling
and flooding dams, or otherwise: pr0uided, hoaO-
ever, that such works of improvement shall not
materially obstruct or impede navigation upon
such rivers or tributaries. And in case any SUCH
company shall make such works or i'm provement,
and shall keep in repair and operate the same
as to render the floating and driving Of logs down
any Of such rivers and tributaries practicable and
reasonably certain it shall be entitled to have,
receive and collect reasonable tolls for the use
and enjoyment of such Improvements, to be es-
tablished and regulated by the directors of such
company, subject however, to the alteration and
revision of the legislature this state,
Section 2. In case it shall be necessary to take,
flow Or lnjure any lands and property in the con-
struction of the woIks Of improvement hereby au-
thorized, the companies making such works, their
successors and assigns, shall be subject to all OF
the provisions, and entitled to all the benefits of
chapter fftysix of the revised statutes of Wiscon
sin, entitled "Of mills and mill-dams" and of
the acts of the legislature amendatory thereof.
Section g. 1t shall be lawful for the companies
making such works of improvement, their suces-
sors and assigns to take possession of all logs put
into such rivers or tributaries, to be foatod down
the same, of which the owners or the agents of
the owners shall not have made adequate provis-
ions for driving by furnishing al necessary tools,
men, teams equipments and provisions for break
ing rollways at the proper time, or making in due