River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1878-05-02

ding of such notice in the office of the town
clerk, appiyto justice Oh The peace within
the county, naming such justice, for the APP
pontment of commissioners 20 hear and de-
ferinine such appeal, and on preservation ofsueh
notice BY the appellant his, her or their agent
or attorney, to town clerk, he shall immediate
~ tile 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 su.
pervisors of the town, at least five days before
the day named therein for the appointment of
commissioners. And upon the presentation
by the appellant his, her or their agent or at
torney, 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
such copy on at least one of the town super
visors as herein required, and filing with said
Justice bond executed by the appellant to
the supervisors of the town, with sufficient
sureties, TO be approved by such justice, con-
dlttoned to pay all costs arising from such APP
peal, in case the determination or judgment
of the supervisors in laying out and establish
ing, or il refusing to lay out and establish such
ditch, drain or enlargement of a water course
las the case may be) shall not be reversed the
said justice shall thereupon enter the matter
in his docket, and shall proceed TO make q list
OF fifteen disinterested freeholders, residents
of the county, not of kin to the resident own
ers OF any OF the lands embraced in the notice
of appeal or to the appellant and from said
list so made each party may strike of 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, direc-
| ting him TO summon the five persons whose
names were not stricken from such list tc
meet ct time and place TO be specified in
/ sail fsl a
hear and determine the matter embraced in
| such appeal. And the sheriff or any constable
/ to whom such summonsshall be delivered SHAH
| execute the Same by summoning the persons
named therein, in the same manner, and with
| like authority as upon a venire issued in cases
| pending before justices of The peace, ana shall
/ IN like manner make return thereof. The
| persons summoned as commissioners as here
inbefore provided, shall meet at the time and
place designated in the summons, aud the
justice issuing the same shall deliver to such
commissioners the certified copy of the notice
of appeal on file in his office in the case. The
commissioners shall be duly sworn TO justly
and impartially discharge their duties as such
mmissioners, and shall proceed TO view and
examine the lands described in the notice OF
appeal, and the route of the proposed ditch,
| drain or enlargement of a water course, and
the determination or Judgment OF the super
visors in laying out and establishing, or in re.
fusing to lay ont and establish such ditch
|
the case may be) and shall hear any reasons
which may be offered for and against the de-
termination or Judgment OF the supervisors IN
the matter, and may administer oaths, and ex-
anime witnesses upon any point relating TO
the subject matter submitted TO them, and
may continue the. hearing OF the cases from
day to day if the circumstances OF tie cause, IN
their Judgment, requires such continuance.
The decision of said commissioners shall be
IL ced to writing and signed by Them, or q
majority Of them and shall be by them re-
turned TO the justice of the peace issuing the
summons in the case, together VIII the certi-
fed copy of the notice Of appeal to them de-
livered. as herein provided, who shall enter
The decision in his docket, and file such de-
cision in the office of the town clerk OF the
town in which the lands described in the no.
tice of appeal shall be located. And If the de-
termination or judgment of the supervisors
| shall be affirmed by the decision OF the COM
missiouers, the party appealing from such de-
termination or judgment shall pay all the
costs and expenses of the proceedings had IN
the matter; buff such determination or judg-
ment shall be reversed, then and in that case,
the costs and expenses shall he paid by the
town. Each of the commissioners shall be
| entitled to the sum OF one dollar ana MY
cents per day for their services, and the JUS
/ tice and constable shall be entitled to such
fees as are allowed by law for like services in
other cases. When an appeal shall have been
made from the determination or judgment OF
/ the supervisors refusing the lay out aud estab-
! lish ditch. drain or enlargement OF q water
| course, and such determination or judgment
shall, upon an appeal, be reversed by the COM
missioners the supervisors shall Immediately
proceed to lay ont and establish such ditch,
drain or enlargement OF water course in &C
| c0rdance with the provisions OF this act, ana
| of chapter 64 to which this is amendatory, the
same as If they had themselves originally de-
termined TO lay out and establish such ditch,
drain or enlargement.
Section 4 So much of chapter Ct OF the
general laws of 1871, and the acts amendatory
] thereof as conflicts with the provisions Of this
| act are hereby repealed.
Section s. This act shall take effect and be
in force from and after its passage and publ
cation.