Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1880-05-13
THE HERALD.
Laws Of Wisconsin.
7 Published February 20. 1850. |
CHAPTER 900


AN ACT to provide for draining wet Of
swamp lands, and lead and coal mines.
The people Of the state of Wisconsin. repre-
sented in senate and assembly, do enact a.
follows:
Section l. That when one or more owne,
or owners 9f any lands or lead or coal mines
in this state shall desire to construc: ditch
or drain,or bitches across the lands of anoth.
or CT Others for agricultural, sanitary or min
ing 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 a
ditch or 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 con-
structed, setting forth the necessity for the
same, with 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 or lead or coal mines, or for sanitary
purposes, or either or all of said purposes,
that drain or ditch or bitches or other sim.
liar work be constructed, and to the public
interest that the work shall be so construct
ed, the petitioner or petitioners shall so state
in the petition, and shall set forth the gener-
al description Of the same as proposed, and
shall ask for the condemnation of so much of
the lands as may be sufficient to construct
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 constructed, as owner or otherwise,
as their interest may appear therein, by the
records Of the register of deeds of said coun-
ty, and if the name of the owner or owners
shall not be known to said petitioners, such
petition shall state that fact and pray such
court or judge to cause the compensation, as
hereinafter provided, to be paid to the own
ers Of such land, or to the person or persons
entitled to the same.
Section 8. That if the proceedings seek
to affect the property of minors or persons
under guardianship, idiots or lunatics, the
guardian shall be made party defendant to
the proceedings if 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 interested
whose names are unknown, shall be made
parties defendants by the name and descrip.
ton of unknown owners, but in all such cases
an affidavit shall be filed by one 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 a day when he will hear the same.
and shall order the issuance of q summons TO
be served upon all the persons made defend-
ants IN such proceedings which summons
shall be served upon each of SAID owners.
prayed to be made defendants in such pros
ceedings, in the same manner required for
the service of summons in the circuit court
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 pc
tition, and shall be issued by the clerk of the
circuit court for the county where such lands
are situated.
Section 5. Said cause may be heard bv
such Judge in vacation as well as in term
time, but no cause shall be heard earlier than
ten days after service upon defendants, or ten
days after the last day Of the publication of
said summons, when service is required to be
made by publishing 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 included in one petition, and the
owners thereof may be joined as petitioners
or defendants therein; 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
and assessed separately by the same Jury.
Section T. Amendments TO the petition
or any part Of the records ia the case. NAV
be permitted whenever necessary to a fair
trial and final determination of the questions
involved.
Section s If any defense shall be made
to the petition, the defendant or defendants
shall plead, answer or demur to said petition
as in ehancery proceedings, in this state, and
general replication by the petitioner or Pc
titioners shall be sufficient to make I'D the
issues between the parties.
Section 8. Should it be necessary at any
time or stage Of the proceedings to bring a
new party before the judge or court, the
judge shall have the power to make such
rule or order in relation thereto, as 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 PEN
dency of the proceedings, and to issue all
necessary process for the execution Of orders
and judgments, as may be considered neces.
sary by the court.
Section 10. At the time liked for hearing
the petition, the Judge, if there shall be an
issue, either of law or fact made by demur-
err or answer to said petition, shall proceed
to the trial of such issue, and il an issue of
law and the same shall be decided in favor
of the defendant or defendants interposing
such demurrer, and the petitioners shall not
amend their petition, as provided herein, or
the issue of fact, except the issue DENYING
that the construction Of such ditch or drain
tends to the benefit or advantage of the pub
lie, or as to whether it is necessary to use of
defendants or either of defendants land in
the construction Of such ditch or drain decid
ed in favor of said defendant or defendants
all proceedings on said petition shall be dis
missed. And in case the issue shall be found
for the petitioners or there shall be no an,
pearance by such defendants, the Judge shall
make an order that the clerk draw a Jury.
which order shall fix the time and place at
which such jury is required to appear.
Section ] l. The clerk shall immediately
on receipt of such order, proceed to select a
jury, by writing the names of forty-eight dis
interested freeholders of the county on forty,
eight separate slips of paper, and in the pres
ence of two disinterested freeholders in the
same manner provided by law for drawing
Jurors for the circuit court draw the names
OF twelve such persons to act as Jurors, and
the clerk shall thereupon issue venire d.
rected to the sheriff of the county, command.
ing him to summon the twelve persons so Sc,
lected as jurors, to appear at the time and
place named in such order.
Section IL. The petitioner or petitioners
aud every party to the proceedings interest,"
ed in ascertaining the amount of compensa-
ton, shall have the same right Of challenge
Of jurors, as in other cases in the courts of
this state. If the panel be not filed by rea-
son of nOn-attendance or being exhausted by
challenge, the judge hearing such petition
shall designate by name the necessary num-
Der of persons of proper qualifc atoms, and
the clerk shall issue another venire. returna,
bic instanter, until the jury be filed.
Section Is. The following oath shall be
administered to the jury when so selected by
the judge or clerk of said court: "You, ana
each of you, do solemnly swear Tor afirm)
that you will well and truly ascertain and re-
port Just compensation to the owners and
each owner of the property sought to be used
by petitioner in this case, and TO each person
interested therein, according to the facts in
the case as the same may appear by the evil
dence 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 uron the
land sought to be used in person, and exam-
inc the same, and after hearing the evidence
in the case, that may be offered, make its
report III writing to the court, the amount of