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

property sought 10 be used by petitioner IN this
case, and to each person interested therein,
cordng TO the facts in the case the same may
appear by the evidence and the law given 10 you
by this court. and that you will truly report the
same, ~ help you God"
Section IA. The jury shall 20 upon the land
sought TO be used IN person, and examine the
same, and after hearing the evidence in the case
that may be offered, make its report in writing
to the court, the amount of damages 10 be caused
20 the land separately, giving brief description
OF each piece by reason Of using the same for the
purpose sought IN The petition, and the just com
penSatiOn u be allowed the owner or owners nv
reason OF using the same: provided, that In no
case shall the size or capacity Of such ditch or
drain be greater than what is actually necessary
to carry away the water TO Dc conveyed through
Tie same. said report shat be subject to amend
ment BY the jury, under tie direction of the
court, as the case may be, 10 clearly set
forth and show the findings Of the Jury therein
Section Is. That in case the owner of any land
made defendant in said proceeding, shall in his
answer deny that il is necessary 10 use such land
IN the construction of said ditch or drain or that
the construction thereof Will not tend 10 the ben
e or advantage to the public, the court shall di-
rect such issue 10 be tried by the jury aforesaid
and shall make all needFul rules for the trial OF
the same, and the Jury in It's report shall report
IT'S findings thereon; that il finds such issue or
issues for the defendant or against the defend
ant
Section Is. The Judge or court shall upon such
report, proceed 10 adjudge ana make such order
right and justice shall pertain, ordering the
petitioner or petitioners or persons authorized by
law, 10 enter upon said property and the use Of
the same, upon the petiOneT petitioners or
other persons Interested, paying the fun cOmpcn-
sation az ascertancd, aforesaid if any is found
by the jury, and such order, with evidence OF pay
nCnt, shall constitute complete Justification for
the taking OF such property for the purposes afore
said.
Section Il. The court may, In case a1d jury
shall have reported any portion OF such ditch or
drain 10 be constructed by the owner OF owners,
adiudge and enforce such report by the judgment
Of the court, which judgment may be in the alter
same in the time fixed, or pay the cost If con
structing the same, as in such report set forth
irDUtdtd, no owner Shall be required TO construct
any ditch or drain, pay anything for the same,
across land not actually occupied by him.
Section Is. In all eases in either the circuit or
county courts, or before the circuit or county
Judge an appeal may be taken from The county
court TO the circuit count, and from the circuit
court to the supreme court, as in other cases Of
appeals from said court, as is now provided for by
law
Section TO- Compensation 80 adiudgcd NAV in
ali cases 20 be paid into the court before whom
the proceedings were had, and the clerk shall on
demand pay the same to the party entitled there
to, taking receipt Tor the same, or payment may
be made directly 10 the party entitled to receive
the same by the petitioner or petitioners or per
sons compelled to pay the same
Section 20 The court or Judge shall cause the
verdict of the jury and the proceedings Of the
court to he entered upon the records Of said court
Section H. The person or persons constructing
such drain or ditch may 20 upon the lands of tie
owners with their servants, teams, tools and in
strumeHts for the purpose of constructing the
same, ami may forever thereafter 20 upon said
lands as aforesaid for the purpose of repairing ana
keeping such ditch drain in order doing no
more damage than the necessity of the occasion
shall require.
Section p This act shall take effect and be in
force from "nd amer its passage and publication
Approved March Is, 1880.
Published March 26, 1880
CHAPTER lS5.
Az ACT 10 amend chapter thirty of the re-
vised statutes entitled " OF the militia and the
act amendatory thereof, and to provide for the
greater efficiency Of the Wisconsin National
Gn4ri.
Tie people Of the state of Wisconsin, represented
IL s,nate and assembly, do enact as follows:
Section J. section six hundred and twenty
trec ~ thc revised statutes is hereby 80 amended
q: - read as follows: Section 623. Every com
ptny or battery Of the Wisconsin National Guard
shall movdn suitable uniforms which shall be the
same prescribed for similar organizations in the
United States army unless the governor authorize
battery. There shall be paid annually 10 each
company or battery, which shall be entitled 10 the
benefits or This chapter from the state treasury
I Tor the purpose OF aiding in procuring uniforms
aud keeping them in repair, a sum equal 70 five
dollars foI each Of lie members who are actually
and fully uniformed, and are in attendance at the
! annual Inspection and al the enCampment for
/ such year, into which said company may be or
NcTc1, not ~ exceed seventy i've members % each
company, ana no company with less than hfty-ive
inemhcrs shall he entitled 10 such allowances.
! such fund shall constitute The clothing fund Of
4 the company or battery and shall be used or APP
pied 70 no other purpose u.an the procuring or re-
( pair uf uniforms. The governor shall order such
/ payment 10 be withheld from any company o. bat
I terry which shall be delinquent In returns or re
puTlg. urc"tfl Of ire duties, paTades drill or in
suuCuoll, OF EHlty OF any characterization or ms
application OF lis funds drawn from the state The
governor may, by orders require any or all 81 the
companies 10 Ieaye all OF any part OF sucA iuHd IN
I the treasury OH deposit, and to he expended for
J uniforms repairs thereon, when and in such
J Amount - he shall direct. and may make such or
risr
/ officers from time 10 time az he deems necessary
'oc the proper care expenditure Of said fund or
I The clothing procured herewith.
! Section , section SIN hundred and forty % the
revised statutes IS hereby 50 amended az u read
4 AZ follows: Section 6io The governor may form
J tie volunteer companies into bRtalons and Ivgi-
meuS, and appoint officers therefor on the recon-
meudntion Of d majority OF the commissioned
J officers Of the companies forming such battalion
or regiment. Any number of volunteer com
! i"EicS not less than three nor more than tive,
uGy be- formed into a battalion and two battal-
( ions o. five companies shall be deemed 81 rtgi-
d mcnf ana In" officers OF such regiment shall lie
/ a colonel who shall be the commanding officer,
one lieutenant colonel and one major. bat
talon OF five companies shall be Othcercd 10y a
lieutenant colonel, who shall be the commanding
officer, ana one major and a battalion 0I three
1T four companies shall he commanded 10y uI:t-
lor. The staff Of colonel Of regiment and OF a
. lieutenant colonel, or OF major commanding a
( battalion shall consist of one adjuaut one quar-
. tcrmasteT and one surgeon, each with the rank of
tiIst lieutenant, and one chaplain, one quarter
+ hospital steward, one chief musician, and one
sergeant major. to be appointed by such com
handing officer the adjutant TO be selected from
the line, in the United States army The uni
/ form Of all general, regmemtal and staff officers
shall be similar To that of corresponding grades
and corps in the Umted States service. tut may
be changed in any respect or III any instance by
I order of the governor. The governor may with or
without permanently organizing buttaliOns rcgi-
( mcnts, order rendezvous and cnCampmcntS of the
several companies for instruction in military drill
and duties, not TO exceed six days in any year,
, ana NAV fix the point a: which such companies
. shall rendezvous. Not less than four companies
Shall rendezvous ut any one place, and thr COVER
nor in orders shall designate the company officer
10 command at each camp. The governor may al
: low, toward the expense of substance OF tie
troops during such rendezvous, sum sufficient u
companies actually attending in uniform for the
devious computed at the price at which raticus
are commutcd in the United States army sub
sistauce allowance shall be lad out of the state
/ treasury To- the companies on such vouchers and
proofs the governor may require and on his ~
! pl"yal. No quarters, equlpagc nor transportation
snail be provided at the expense of the state. The
qUaTcrmaStcr general shall procure license for tht
I troops to occupy grounds or buildings at such
places of rendezvous, but without expense 10 the
! state: and the allowances Of the companies may
. hc withheld from them, by order Of the governor
/ and applied TO the payment OF any damages tc
! grounds buildings or property, which they "l
tIcir members may cause while in rendezvous OF
in movement thereto
section ,. Section six hundred and twenty
Of the revised statutes is hereby amended tC