Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1880-04-22

nave the same right Of challenge Of Jurors a. In
olneI cases IN the courts of this state II the
panel be not lled by reason of non attendance or
being exhausted by challenge, the Judge hearing
such PETITION shl, designate by name the neces-
any ne nn nI .. Persons OF proper qualifications,
able nstanter, until the jury be filled.
Section - The following oath shall be admin
,,s ed 70 s, the ry when 50 selected by the
You, DC solemnly swear Tor affirm that you
VIII well and truly ascertain and report just COM
pensaton to the owners and each owner of the
property sought 10 be used by petitioner in this
case, ana TO each person interested therein &C.
cording TO the facts in the case as the same NAV
appear by the evidence and the law given to you
by this court, and that you will truly report the
same, so help you God"
Section IA. The jury shall go upon the land
sought TO be used in person, and examine the
that may be offered make its report In writing
to the court, the amount Of damages to be caused
TO 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 to be allowed the owner or owners by
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 10 be conveyed through
the same. Said report shall be subject to amend
men, by the jury, under the direction of the
court as the case may be, so as to 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
I
IN the construction of said ditch or drain or that
the construction thereof win not tend TO the ben
eht or advantage to the public, the court shall di-
rect such issue to be tried by the jury aforesaid
and shall make all needful rules for the trial OF
thesame, and the jury in its report shall report
It's findings thereon; that il finds such issue or
issues for the defendant or against the defend
Ant
Section l6 The judge or court shall upon such
report, proceed to adjudge and make such order
as to right and justice shall pertain ordering the
IN IN yl1 Inv
lev, to enter upon said property and the Use OF
the same, upon the petioner or petitioners or
other persons interested, paying the full compen.
sation as asceTtained, as aforesaid If any is found
by the jury, and such order with evidence OF pay
ment shall constitute complete justification for
the taking of such property for the purposes afore
said.
Section II. The court may, In case said jury
shall have reported any portion OF such ditch or
drain 10 be constructed by the owner or owners,
adjudge and enforce such report by the judgment
of the court, which judgment may be in thealter-
native, that such owner or owners construct the
same in the time fixed, or pay the cost of con-
structng the same, as in such report set forth ::
p1opidcd no owner shall be required to construct
any ditch or drain or pay anything for the same,
across land not actually occupied by him.
Section 49, In oil cases i'll either the circuit or
county courts, or before the circuit county
judge an appeal may be taken from the county
court to the circuit court, and from the circuit
court to the supreme court, as III other cases OF
appeals from said court. us is now provided for by
law.
Section 49, Corporation so adjudged may in
all cases to 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 for the same, or payment may
be made directly to 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 be entered upon the records of said court
Section u. The person persons constructing
such drain or ditch may go upon the lands of the
| owners with their servants, teams, tools and in
struments for the purpose of constructing the
! same, and may forever thereafter go upon said
lands aforesaid for the purpose OF repairing and
| keeping such ditch or drain in order, doing no
more damage than the necessity of the occasion
| shall require.
Section %. This act shall take effect and be in
force from and after its passage and publication
Approved March 49, 1880.
Published March Is, 1891
CHAPTER 252.
AN ACT to prevent the adnlteration OF food and
! medicine, and provide for Analysing the same.
The people Of the state Of Wisconsin, represented
| in senate and assembly, do enact as follows
| Section l. The governor of the state shall APP
point one of the professors of the state university
OF sufficient competence, knowledge, skill and ex-
perlence, as state analyst whose duty II shall be
| to anayze all articles of food or drink and all
| drugs and liquors manufactured, sold used
! within this state, when submitted to him ~ here
| matter provided. The term Of Office Of such
analyst shall be three years from his appointment,
unless sooner removed by the appointing power,
| and his compensation shall not exceed two hun
| dred dollars in addition 10 his annual salary
professor and shall be paid by the board OF re-
gents of the state university, from the university
| fund.
Section @ The state board Of health and vital
statistics, medical officers of health Inspectors OF
weights and measures, boards of supervisors OF
any town, boards of trustees of any village alder
men or common council of any city in this state,
or a majority OF said corporate bodies, may at
the cost OF their respective corporations, pur-
| chase sample of any food, drugs or liquors Of
fered for sale in any town. village or city IN this
| state, in violation OF sections numbers one. two
and four of chapter two hundred aud forty -eight
of laws Of A. d. 1879, or If they have good reasons
to suspect the same to have been sold or put up for
sale contrary to the provisions of said chapter two
hundred and forty-eight, may submit the same to
| the state analyst as hereinafter provided, and the
said analyst shall. upon receiving such article
| duly submitted 10 him. forthwith analyze the
| same, and give a certified certificate to such
! person or officers submitting the same, wherein
he shall fully specify the result of the analysis
Section 3. Any person purchasing any article
with the intention of submitting il 10 an analysis,
| shall after the purchase shall have been made
| and completed, forthwith notify the seller or his
agent selling the same, Of his or their intention
| to have the same analysed by the state analyst,
and shall offer TO accompany the seller or his
agent with the article purchased to the town, VII
age city clerk of the place in which the article
was bought, and shall forthwith remove the aru-
Gle purchased TO the Office of said clerk, and in
the presence of the seller or his agent if present,
| divide said article into two parts, each to be
marked, fastened and sealed up in such a manner
| as its nature will Permit The said clerk shall
forthwith forward part to the state analyst ny
mail, express otherwise, as he shall elect, ana
shall retain the other part or package subject to
the order Of any court in which proceedings shall
theregit er De taken. The certificate of the state
analyst shall, be held IN all the courts Of hs state
/ as prama faeie evidence of the properties of the
! artcleanalyzed by him.
| Section A. If any person applying to purchase
any article of food, drug or liquor exposed Tor
/ sale or on sale by retail any premises in any
town. village or city in this state, and shall tender
| the price of the quantity which he shall want for
! the purpose of analyzing, not being more than
| shall be reasonably required, and the person ex