Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1878-04-25


ly to reverse part thereof and In the latter
case shall state what part, and also notice
that he, or they will, on certain day and hour
OF such day, to be named in snch notice. which
day shall not be less than six nor more than
ten days after the date of the filing Of such no.
tice in the Office of the town clerk, apnlv Ia a
justice of the peace within the county. naming
such justice, for the appointment of commits
sioners to hear and determine such appeal. and
en- presentation of such notice by the anpel-
liant, his, her or their agent or attorney to town
clerk, he shall Immediately file the same with
the paper in the case in his Office, and shall
deliver to the person so presenting such notice
of an appeal certified copy Of the same.
which certified copy shall be served personally
on at least one of the supervisors Of the town,
at least five days before the day named there
in for the appointment of commissioners. And
upon the presentation by the appellant, his, her
or their agent or attorney, of said certified
copy Of the notice of appeal to the justice Of the
peace therein named, upon the day and hour
set forth in such notice, together with proof Of
service Of said copyon at least one of the town
supervisors as herein required. and fling with
said justice bond executed by the appellant
to the supervisors of the town, with sufficient
sureties, to be approved Of by such Justice con-
ditioned to pay all costs arising from such ap-
peal. in case the determination Of Judgment Of
the supervisors in laying out and establishing
or in refusing to lay out and establish such
ditch, drain or enlargement of water course
as the case may BEL shall not be reversed ;
the said justice shall thereupon enter the mat
ter in his docket, and shall proceed to make a
list OF fifteen disinteresied freehOlders, resi-
dents OF the county, not Of kin to the resident
owners of any of the lands embraced in the
notice of the appeal, or to the appellant, and
from said list so made each party may strike
OIL the names of five persons; and in case no
one of the supervisors of the town are present
then the justice shall strike from such list the
names for such town, and the justice shall
thereupon issue summons, directed to the
sheriff or any constable of the county, directs
ing him to summon the five persons whose
names were not stricken from such list, to
meet at the time and place to be specified in
the summons, to serve as commissioners to
hear and determine the matter embraced in
such appeal. And the. sheriff or any consta-
BILE to whom such summons shall be delivered
shall execute the same by summoning the per-
sons named therein, in the same manner, and
with like authority as upon venire issue in
cases pending before justices of the peace, and
shall in like manner make returns thereof
The persons summoned as commissioners as
hereinbefore provided, shall meet at the time
and place designated in the summons, and the
justice issuing the same shall deliver to such
commissioners the certified copy of the notice
of appeal on file in bis Office in the case. The
commissioners shall be duly sworn to Justly
and impsrtially discharge their duties as such
commissioners, and shall proceed to view and
examine the lands described in the notice of
appeal, and the route of the pro-
posed ditch, drain or enlargement Of a
watercourse, and the determination or iudg~
ment Of the supervisors in laying out and ess
tablishing or in refusing to lay out and estab-
lish such ditch, drain, or enlargement Of wa
tercourse (as the case may beg, and shall hear
any reasons which may be offered for or
against the determination or judg ment Of the
supervisors in the matter, and may admins
ter oaths, and examine witnesses upon any
point relating to the subject matter submitted
| to them and may continue the hearing of the
case from day to day If the circumstances Of
the case, in their Judgment, requires such con-
tinnance. The decision of said commissioners
shall be reduced to writing and signed by
| them, or majority of them, and shall be by
them returned to the Justice of the peace issu-
| ing the summons in the case, together With the
| certified copy Of the notice OF appeal to them
| delivered, as herein provided, who shall enter
the decision in his docket, and file such decis-
ion in the Office Of the town clerk of the town
in which the lands described in the notice OF
appeal shall be located. And If the determin-
alton or judgment of supervisor shall be af-
| firmed by the decision of the commissioners,
the party appealing from such determination
or judgment shall pay all the costs and ex-
penses of the proceedings had in the matter
but if such determination or judgment shall be
| reversed, then and in that case the costs and
| expenses shall be paid by the town. Each Of
| the commissioners shall be entitled to the sum
of one dollar and fifty cents day for their
| services, and the justice and constable shall
be entitled to such fees as are allowed by law
for like services in other cases When an ap-
peal shall have been made from the determine
alton or Judgment of the supervisors refusing
to lay out and establish ditch, drain, or en-
largement of a watercourse, and such deter
mination or judgment shall, upon an appeal,
be reversed by The commissioners, the SUPER
visors shall Immediately proceed to lay out
| and establish such ditch, drain, or enlargement
of a watercourse in accordance with the pro-
visions of this act, and of chapter "a, to which
this is amendatory, the same as if they had
themselves originally determined to lay out
and establish such ditch, drain, or enlargement.
Section f. So much of chapter GA of the
general laws Of 1871, and the acts amenaatory
thereof, as conflicts with the provisions If this
act are hereby repealed.
Section 5. This act shall take, effed and
be in force from and after its passage and pub
LEGATION.
Approved March 10, 1878.