Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1880-04-22
LAWS OF WISCONSIN.
Published March Is, 1880.
WI D1NEp oIS

L.
me revised statutes of Wisconsin for 1878 is hereby
amended by inserting after the words ''chief just.
lee in the eighth line of said section, the words,
,nron the request Of any opposing candidate" so
mat said section when 20 amended will read
xstion S. The secretary Of state, treasurer an
,norney general shall constitute the board OF state
csnvassers two OF whom shall be quorum for
the transaction OF business. and IL one only OF
sid officers attend on the day appointed for
meeting of the board, the clerk of the supreme
court on being notified by the officer 30 attending,
shall attend without delay with such officer, and,
with him shall form the board. When a member
OF said board Is candidate foy an Office as to
which the votes are to be canvassed by him, the
chief justice, upon the request Of any opposing
candidate. shall designate some other state officer
or Judge of the circuit court who shall act in his
stead the session Of the board at which the votes
given for such member are TO be canvassed.
Section g Said section fifty-eight of chapter five
OF the revised statutes of 1878, is hereby further
amended by adG'ug to said section the following
words: Whenever he chief justice shall desig-
nate any state officer, or judge of circuit court
to act as of the board of state canvassers, as
herenbefo.e provided i'll this section, such state
officer circuit judge shall be entitled to receive
compensation for atten lance and services as
member of said board not exceeding fifteen dollars
per day, for each day he shall be absent from his
place of residence and engaged In such service
and attendance, and the secretary of state shall
audit the account of any such state officer or judge
fof such service and attendance, and draw his
warrant on the state treasurer for payment thereof
and il is hereby made the further duty of the sec
rotary of state to audit and draw his warrant on
the state treasurer therefor for any account of any
circuit judge who may have acted a member Of
said state board of canvasSers during the year 1879
In the same manner and on the same conditions as
hereinbefore provided in the case of any state oil
Ger or circuit judge who shall hereafter act as a
member Of said board
Section g. There Ia hereby appropriated from
the state treasury out of any moneys no otherwise
appropriated, a sufficient sum for the purposes Of
this act
Section 4. This act shall take effect and be IL
force from and after u passage and publication
Approved March l6. 1880.
Published March 26, 1901
CHAPTER 2S3.
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 ard assembly, do enact as follows
Section l. That when one or more owner or
owners of any lands or lead or coal mines in this
state shall desire to construct ditch or DRAIN
bitches across the lands Of another or Others for
agricultural, sanitary or mining purposes and
which tends to the benefit or advantage of the
public, and no agreement can be made between
them and the owner or owners of said lands to
make or establish ditch or drain, the person or
persons may file petition in the circuit
county court of the county in which said ditch
or bitches, drain or drains shall be proposed
70 be constructed, setting forth the necessity for
the same. with q description of it's or their pro
posed starting point, route and terminus and If il
shall be necessary for the drainage Of the land
lead or coal mines, or for sanitary purposes,
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 III the petition and shall
Bet forth the general description of the same us
proposed, and shall ask for the condemnation OF
90 much of the lands as may be sufficient to con-
struct and build said ditch or bitches, drain
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, 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 petit
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 or persons entitled
10 the same.
Section 8. That if the proceedings seek to affect
the property of minors persons under guardian
ship, idiots or lunatics, the guardian shall be
made party defendant to the proceedings il
any, and, If none, the court shall appoint such
10 defend; and if married woman, the husband
shall be made a party, if known; and parties in
terested whose names unknown shall be
made parties defendants by the name and de
seripton of unknown owners, but in all such
cases an affidavit shall be filed by one of the peti
s0neS ho or some s oher cuea6 nd person setting
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
3 day when he viii 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 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 8. said cause may be heard by such
Judge III 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
service ia required TO be made by publishing a
copy thereof to bring in nonresident or unknown
owners.
Section s. That any number of separate parcels
o. land situated in the same county may be in
GUIDED IN one petition, and the owners thereof
may be joined petitioners or defendants there
In; and the finding of the necessity to use such
ihno Tor the purpose of constructing said ditch or
uralh, with the compensation for each owner
may DE found aud assessed separately by the same
section 7. Amendments to the petition or any
pSis Vi the records In the case, may be permitted
mheneveF necessary to fair trial and final deter
Aalhaton OF The questions involved
section D. IL 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
Won by The petitioner or petitioners shall be sufi-
cent TO make up the issues between the parties:
necuon T. Should it be necessary at any time
s'age OF the proceedings to bring new party
Ueiore the Judge or court the judge shall have
we power to make such rule or order in relation
Aeieo, as may be deemed reasonable and just
80 snail have power to make all such necessary
Lles and orders for the notice TO parties, Of the
peHuehcy OF the proceedings, and to issue all
iSeSsary process for the execution Of orders ana
!Iusments as may be co. sdered necessary by the
section 10. At the time fixed for hearing the
iSluon the judge, If there shall be an issue,
ellher OF law or fact, made by demurrer or an.
f~ef 10 said petition, shall proceed to the trial OF
slch issue, and If an issue OF law and the SO me
s I'M De decided in favor Of the defendant or de-
iehaants interposing such demurrer, and the pet-
ti,lnir