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

property sought to be used by petitioner in this
case, and to- each person interested therein, ac-
cordfng 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
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 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 lust com
pensat1on to be allowed the owner or owners by
reason of using the same: yrovided, that in no
case shall the size or capacity of such ditch or
to carry away the water TO be conveyed through
the same. Said report shall be subject to amend
ment 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 15 That in case the owner of any land.
made defendant in said proceeding, shall i'm his
in the construction of said ditch or drain or that
the construction thereof win not tend to the ben.
eft or advantage to the public the court shall d.
rect such issue to be tried by the jury aforesaid
the same, and the jury in its report shall report
Its findings thereon; that it finds such issue or
issues for the defendant or against the defend
ant
Section Is. The Judge or court shall upon such
report proceed to adjudge and make such order
as to right and justice shall pertain ordering the
petitioner or petitioners or persons authorized by
law, to enter upon said property and the use OF
the same, upon the petitioner or petitioners or
other persons interested, paying the full conpe11-
sation ascertained as aforesaid if any is found
by the jury, and such order, with evidence of paw
ment, shall constitute complete justification for
the taking of such property for the purposes afore
said.
Section17. The court may, In case said Jury
shall have reported any portion of such ditch or
drain to be constructed by the owner or owners
adjudge and enforce such report by the Judgment
of the court, which judgment may be in the alter
native, that such owner or owners construct the
same in the time fixed, or pay the cost of con-
structing the same, as in such report set forth
provided, 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 Is. In all cases in either the circuit or
county courts, or before the circuit or county
judge appeal may be taken from the county
court to the circuit court, 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
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
10, 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 IL The person or persons constructing
such drain or ditch may go upon the lands of the
owners with their servants, teams, tools and in
struments Tor the purpose of constructing the
same, and may forever thereafter go upon said
lands as 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 15,, 1880.
Published March 2s, 1891
CHAPTER 318
AN ACT relating to the board Of state eanyassers
and amendatory of section ffty-eight, chapter
five Of the revised statutes of 1878.
The people of the state of Wisconsin, represented
i'll senate and assembly, do enact as follows
Section l. Section fifty-eight of chapter five of
the revised statutes of Wisconsin for 1878 is hereby
amended by inserting after the words "ehief just
ice" in the eighth line of said section, the words,
upon the request OF any opposing candidate" so
that said section when so amended will read
Section 3d. The secretary OF state treasurer an
attorney general shall constitute the board of state
canvassers, two of whom shall be q quorum for
the transaction of business, and IL one only Of
said officers attend on the day appointed for a
court, on being notified by the officer attending,
shall attend without delay with such officer, and,
with him shall form the board. When member
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
judge of the circuit court who shall act in his
stead at the session of the board at which the votes
given for such member are to be canvassed.
Section 2 Said section fifty.eight of chapter five
amended by adding to said section the following
words Whenever the chief justice shall desig
nate any state officer or judge of circuits court,
to act as of the board of state canvassers as
hereinbefore provided in this section, such state
officer circuit judge shall be entitled to receive
compensation for attendance 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
for such service and attendance, and draw his
warrant the state treasurer for payment thereof
and it 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 as 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 of any state Off
Ger or circuit Judge who shall hereafter act as
member of said board.
Section 8. There is hereby appropriated from
the state treasury, out of any moneys otherwise
appropriated, sufficient sum for the purposes Of
this act.
section4 This act shall take effect and be IL
force from and after its passage and publication.
Approved March Is. 1880.