The Superior times. [volume] (Superior, Wis.) 1870-1912, 1880-04-17

full statement Of III tie articles analysed and by
whom submitted
Section :. The state board Of health and vital
statistics may submit 10 the state analyst any
pies OF food drugs on drink for analysis herein
before provided.
Section :. This act shall take effect and be in
force from and ater lis passage and publication.
Approved Marcl ID. 1850.
Published March %, 1851
CHAPTER 283
AN ACT 10 provide for draining wet OF swamp
lands, and lead and coal mines.
Tie people Of The state of Wisconsin, represented
in senate and assembly, do enact as follows:
Section ]. That when one or more owner ur
owners OF any lands or lead or coal mines III lhis
state shall desire 10 construct ditch or GRAIN o.
bitches across the lands OF another or Others for
agricultural, sanitary mining purposes, and
which tends 20 the benefit advantage. Of the
public, and no agreement can be made between
them AND the owner or owners Of said lands, 70
make or establish ditch drain, the person or
persons may lille q petition III the circuit or
county court OF the county in which s2id ditch
or ditcLes, drain or drains shall be proposed
10 be constructed, setting forth the necessity for
the same, with description Of its their pro
posed starting point route and terminus and II il
shall be necessary for the drainage Of the land
ur lead or coal mines or for sanitary purposes
or either or all OF sad purposes that u drain
OF ditch or bitches or other similar work be
constructed, and TO the public interest that the
work shall be 50 constructed, the petitioner or
petitioners shall so state IN the petition, ana shall
SCI forth the general description Of the same as
proposed, ana shall ask for the condemnation Of
50 much OF he lands may be sufficient 10 con.
struct and build said ditch or bitches, drain or
drains.
Section .. The petition shall set forth the name
Or names of all persons owning the land over
which such drain ditch OF bitches is to be con
stEucted, as owner or otherwise their interest
may appear therein, by the records Of the register
Of deeds OF said county, and if the name of the
owner OF owners shall not be known said pcti-
tioneTs, such petition shall state that fact and pray
such court or judge 10 cause the COMPENSATION
IS hereinafter provided, 10 be paid 10 the owners
Of such land, or to the person persons entitled
70 the same.
Section 3. That if the proceedings seek 20 affect
the property OF minors or persons under guardian
ship, idiots or iunaucS the guardian shall be
made party defendant To tire proceedings i
any, and, If none, the court snail appoint such
10 defend. aud il Z married woman, the husbh mi
shall be rlade q party, if known; ana parties in
teTeSted whose names are unknown, shall be
made parties defendants by the name ami de
sCriptiOn Of unknown owners, but in all such
cases an affidavit shall be filed by one of the nett
TONERS or some other credible person, setting
forth that after due diligence and inquiry, stating
such diligence. he is unable to learn the name Vi
the owner or owners Of such land.
section 4. Said petition may be presented 10
the judge in vacation, and the judge shall Xix upon
a day when he will hear the same md shall order
the issuance Of a summons to be served upon all
the persons made defendants in such proceedings
which summons shall be served upon each Of said
owners, prayed to be made defendants In such
proceedings, in the same manner required for the
service OF $. mmons ia the circuit count in this
state in a civil action. which summons Shall be
served on each OF said owners at least ten DAYS
before the hearing OF such petition, and Shall be
issued by the clerk Of the circuit court for the
county where such lands are situated.
Section ,. said cause may be heard by such
judge iii vacation rs well as in term time, but no
cause shall be heard earlier than ten davs after
service upon defendants or ten days after the last
day Of the publication of said summons, when
service is required TO be made by publishing a
copy thereof, to bring III nonresident or unknown
owners
Section 6. That any number Of separate parcels
of land situated in the same county may be in
cluded IN one petition aud the owners thereof
may be joined as petitioners OF defendants there
in and the finding Of the necessity To uSe such
land for tle purpose of constructing said ditch or
drain, with the compensation for cach owner
may be found aud assessed separately 10y the same
jury.
section :. Amendments 10 the petition or any
part Of the records in the case, may be permitted
whenever necessary 10 fair trial and final deter
! mination of the questions involved.
Section 5. II any defense shall be made TO the
/ petition the defendant or defendants shall plead
answer or dcmur to said petition AS in Chaucery
/ proceedings, in this state and general replica
tion 10y the petitioner or petitioners shall be Suth
/ cent to make up the issues between the parties.
Section 9. Should il be necessary al amy time
i or stage of the proceedings to bring a new party
before the judge or court the Judge shall have
| the power to make such rule or order in relation
) thereto may be deemed reasonable and just
/ and shall have power 10 make all such necessary
rules and orders for the notice 10 parties Of the
] tendency OF the proceedings and to issue all
necessary process for the execution # orders and
Judgments, as may be considered necessary by the
+ court.
Section To- At the time fixed for hearing the
i petition. the judge, If there shall be an issue
either OF law or fact, made by demurrer or an
SWer 10 SAID petition shall proceed TO the trial OF
sch issue and if an issue OF law and the same
snail be decided in favor OF the defendant or de
PENDANTS lnterpOsing such demurrer, ana the pet-
TONERS shall not amend their petition, As provided
herein or the issue Of fact, except the issue deny
ing that the construction of such ditch or drain
tends to the benefit advantage Of the public, or
Is 10 whether il is necessary 10 use OF detCnantB
or either OF defendants land in the construction U
mch ditch or drain decided in favor of said de-
/ feuiant or defendants all proceedings on said
+ petition shall be dismissed And III case the issue
siAl De found for the petitioners or there snail he
no appearance by such defendants, the judge shall
! make an order that the clerk draw q jury, which
4 order shall fix the time and place at which such
+ jury IS required to appear.
section Il. The clerk shall Immediately, on re-
celPt OF such order. proceed 10 select jury, by
wiring NE names Of forty eight dsinteTested free
h9dtN OF me county, on forty eight separate slips
OF paper, and in the presence OF two dlsiuferested
/ lretholdeFS, IN the same manner provided by law
for drawing jurors for the circuit court draw the
names OF Twelve such persons 10 act as jurors, and
! the clerS snail thereuTon issue venire directed
/ 10 the sheriff of the county, commanding him 10
summon the twelve persons so selected as jurors
TO appear 81 the time and place named in such
! order.
Section Y. The petitioner or petitioners and
every party 10 the proceedings interested in as
Cei'aIiiIils me amount OF compensation, snail
/ nave the same right Of challenge Of jurors, as In
| other cases in the courts of This state. If the
pane be not hlled by reason Of non -a,tendance
I beng exhausted by challenge, the Judge hearing
/ sleh petition shall designate by name the neces
/ s''Ty number Of persons Of proper qualifications
an me clerk shall issue another venire, return
hpie lusIAilter until the jury be filled
/ Atcuon Is. The following oath shall be admin
I istered TO the jury, when selected by The
/ !udge or clerk Of said court you, and each Of
7 you do solemnly swear Tor affirm that you
VIII web and truly ascertain and report just com