Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1880-04-14

Sections Section six hundred and forty-fve is
hereby so amended as to read as follows: Section
645. The adJutant general and Quartermaster gen.
eral shall prepare, subject to the governors ap-
prevail, blanks and forms for muster rolls, ortli-
nance and property returns, reports, receipts and
other papers necessary to carry out the provisions
of this act with proper accompanying Instructions
such rs shall be necessary to the several company
commanders, from time to time. The adjutant
general shall preserve and cause to be receipted.
when necessary, such muster rolls or other records
servation.
Section S. Section six hundred and thirty five
is hereby amended so as to read as follows: Sec
ton 635. Each company Or battery, not exceeding
thirty In ALL which shall upon such inspection be
found to be organized, to possess al least tire m ni-
mum number of members, to be well uniformed
TO De equipped with the necessary arms and accou-
trements for its members, to have suitable armory
to have its arms, accoutrements and stores in good
condition, and to have assembled for inspection as
provided by law, and the commanders of which
shall have made all the musters and returns re-
qu1red, shall, upon the certificate thereof by the
adjutant general, approved by the governor be
paid out OF the state treasury three hundred dol
lars on the receipts Of its commander; which shall
De in full compensation the part of the state for
all pay, when not called into active service, and
for rent of armory care and repair of arms and
property, and for all other expenses whatsoever,
except the allowance of clothing and subsistence
allowance authorized by this chapter. Whenevt r
any of the companies constituting the Wisconsin
national guard shall lapse into i'll condition, be-
come lax in discipline, negligent in instruction,
drill, other duties, its members lose interest
in their organization, the governor may retire such
company from such guard and admit in place of it
some other company of later organization which
shall be found to be better entitled to the benefits
OF this chapter, snd to have complied with all the
requirements thereof.
Section g. Section six hundred and thirty EIGHT
of said chapter is hereby amended as to read as
follows Section $685. Non-commissioned officers,
musicians and privates shall be honorably dis
m 11nO NV
the company commander and Endorsed by the ad-
jutant- general with the governors approval. Such
discharge shall not be granted unless after five
years service, or for some absolute disability
ing after muster in, or unless the member dis
charged permanently removes his residence out of
the county, or unless the governor shall order the
Section T. There Is hereby appropriated out of
any funds in the state treasury not otherwise ap-
propriated, sum sufficient to defray the expenses
and pay the allowances authorized by this act.
Section 8. This act shall take effect and be in
force from and after iH passage and publication.
approved March IL. 1880.
Published March &c, 1901
CHAPTER 1885,
AN ACT to provide for draining wet or swamp
lands, and lead and coal mines.
The people OF the state of Wisconsin, represented
In senate and assembly, do enact as follows:
Section 1. That when one or more owner or
owners of any lands or lead coal mines in this
state shall desire to construct ditch or DRAIN or
agricultural, sanitary or mining purposes, and
which tends to the benefit or advantage of the
pubic, and no agreement can be made between
them and the owner or owners of said lands, to
make or establish a ditch drain, the person or
persons may file petition in the circuit or
county court of the county in which said ditch
or bitches, drain or drains shall be proposed
to be constructed, setting forth the necessity for
the same, with description of its or their pro-
posed starting point, route and terminus and If it
shall be necessary for the drainage of the land
m nr fOr tforx
or either or all of said purposes that drain
or ditch or bitches or other similar work be
constructed, and to the public interest that the
work shall be 80 constructed, the petitioner or
petitioners shall so state in the petition and shall
set forth the general description of the same as
proposed, and shall ask for the condemnation of
so much OF the lands as may be sufficient to con-
struct and build said ditch or bitches, drain or
drains.
Section 2. The petition shall set forth the name
or names of all persons owning the land over
which such drain, ditch or bitches is to be con-
structed, 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 Or owners shall not be known to said nett
TONERS such petition shall state that fact and pray
such court or judge to cause the COMPENSATION
as hereinafter provided, to be paid to the owners
Of such land, or to the person persons entitled
to the same.
Section 3. That if the proceedings seek 20 affect
the property OF minors or persons under guardian
ship, idiots or l9natics, the guardian shall be
any, and, if none, the court shall appoint such
to defend; and if a married woman the husband
shall be made party If known; and parties in
tereSted whose names are unknown, shall be
made parties defendants by the name and de.
scription of unknown owners, but in all such
cases an affidavit shall be filed by of the peti-
TONERS or some other credible person. setting
forth that after due diligence and inquiry stating
such diligence, he Is unable to learn the name Of
the owner or owners OF such land.
Section 4. Said petition may be presented to
the Judge in vacation, and the Judge shall fix upon
day when he will hear the same, and 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 summons in 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 S. Said cause may be heard by such
judge in vacation as well as in term time but no
cause shall be heard earlier than ten days after
service upon defendants, ten days after the last
day of the publication of said summons when
service is required to be made by publishing q
copy thereof, to bring in 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, and the owners thereof
may be joined petitioners or defendants there
in; and the finding of the necessity to use such
land for the purpose of constructing said ditch or
drain, with the compensation for each owner
may be found aud assessed separately by the same
jury.
Section z. Amendments to the petition or any
part of the records in the CASE may be permitted
whenever necessary to fair trial and final deter
mination of the questions involved.
Section 8. If any defense shall be made to the
petition, the defendant or defendants shall plead
answer or demur to said petition as in chancery
proceedings, in this state, and general replica
ton by the petitioner petitioners shall be suf
cient to make up the issues between the parties.
Section 9. Should it be necessary at any time
or stage of the proceedings to bring 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 to make all such necessary
rules and orders for the notice to parties Of the
tendency of the proceedings, and to issue all
necessary process for the execution If orders and
judgments, as may be considered necessary by the
court.
Section 10. At the time fixed for hearing the
petition, the judge, if there shall be an issue,
either of law or fact, made by demurrer or an
swer to said petition shall proceed to the trial OF
such issue, and if an issue OF law and the same
shall be decided in favor of the defendant or de-
PENDANTS interposing such demurrer, and the petit
TONERS shall not amend their petition, provided
herein, the issue of fact except the issue deny
ing that the construction of such ditch or drain