River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1880-04-15
rFubllshed March 90. asso.l
ar f,fftfSY1 ARA
| AN ACT 10 provide for draining wet or swamp
| lands and lead and coal mines.
The people OF the state of Wisconsin, represented


The people OF the state of Wisconsin, represented
In senate and assembly, Go enact as follows:
Section ]. That when one or more owner or
owners Of any lands or lead or coal mines In this
slate sinai desifo 10 construct ditch or drain or
bitches across the lands Of another or others for
Agricultural, sanitary Or mining purposes, and
which tends 10 the bencGt advantage Of the
pubic, and no agreement can BIO made between
them and the owner or owners OF said lands. to
mako or establish ditch OF dram, the person or
persons may file petition in tho circuit or county
court OF the county in whc.i SAID ditch or bitches,
drain or drains shall be proposed to be construct
Cd, setting forth the nccees for the same with
description of Its or their proposed starting point
route ana terminus, and II it shall be necessary
for the drainage Of the land or lead or coal Mines
or Tor sanitary purposes, or either or oil of said
purposes that drain or ditch or ditches or other
similar work be constructed, and TO the public In
terest that the work shall be so constructed, the
tltion, and shall set forth the general description
OF the same as proposed, and shall ask for the
condemnation of so much or the lands as may DO
tniilelent to construct ANA build said ditch or
bitches, drain or drains.
Section 2. The petition shall set forth the name
or names OF all persons owning the laad over
winch such drain, ditch or bitches is TO be con-
structed, as owner or otherwise, as their interest
may appear therein, by the records of the register
Of deeds OF said county, and if the name or the
owner or owners shall not be known TO said petit
TONERS, such petition shall state that fact and
pray such court or judge 10 cause the compensa-
uon, as horcinaiter provided, to be paid 10 the
owners of suc land, or TO the person or persons
entitled 10 the same.
Section 8. That II the proceedings seek to af-
ieet the property OF minors or persons under
guardianship, idiots or lunatics, the guardian
shan be made party defendant to the proceedings,
II any, 'nd, if none the court shall appoint such
to defend; and If a married woman, the husband
shall be made party, IL known; and parties In
fefeeted whose names arc unknown, shall be
made parties defendants by the name and dcs-
cription Of unknown owners, but in all such cases
an affidavit shall be filed by one Of the petitioners
Or some other credible person, setting forth that
afier due diligence and inquiry, stating such dill
genee he is unable to learn the name OF the owner
or owners OF such land.
Section4 Said petition may be presented to
the judge in vacation, and the Judge shall fix upon
day when he will hear the same, and shall Or
der the issuance of a summons to be served upon
all the persons made defendants in such proceed
ings, 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 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 petition, and shall be
issued by the clerk of tho circuit court for the
county where such lands are situated.
Section 5. Said cause may be heard By such
Judge in vacation a. 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 8. That any number of separate par
GELS of land situated in the same county may be
Included In one petition, and the owners thereof
may be Joined as petitioners or defendants there
in; and the finding Of the necessity TO use such
isnd Tor ne purpose OF constructing eaia ditch or
may be found and assessed separately by The
same jury.
Section z. Amendments to the petition or any
part OF the records in the case, may be permitted
whenever necessary TO fair trial and final deter
minaton of the questions involved.
Section s. III any defense shall be made to tho
petition, the defendant or defendants shall plead,
answer or demur to said petition as In chaucery
proceedings. In this state, and general repli-
81 n a
sufficient to make up the Issues between the
parties.
Section o. Should 1t be necessary at any time
or stage Of the proceedings to bring new party
before the judge 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
tendency of the proceedings, and 70 issue all
necessary process for the execution of orders and
Judgments, as may be considered necessary by the
court.
Section TO- At the time fixed for hearing the
petition, the Judge, If there shall be an issue,
either Of law or fact made by demurrer or an
swer TO said petition shall proceed to the trial OF
such Issue, and II an issue OF law and the same
shall be decided in favor of tho defendant or de-
PENDANTS iIterposing such demurrer, and the pc
titioners shall NOS amend their petition, as pro
vided herein the issue OF fact except the issue
denying that the construction OF such ditch or
drain tends to the benefit or advantage of the
public, or as to whether 1t s necessary to use OF
defendants or either of defendants land in the
construction of such ditch o. drain decided in IA
vor of said defendant or defendants, all proceed
ings on said petition shall be dismissed. And In
case the Issue shall be found Tor the petitioners
or there shall be no appear ance by such deien-
dants, the judge shall make an order that the
clerk draw Jury, which order shall fix the time
and place at which such jury u required to ap-
pear.
Section H. The clerl shall Immediately, on rc
ceipt oi such order, proceed 70 select jury, ny
writing the names of forty-cight dlslnteresteo
freehoders of the county, on forty-etght separate
slips of paper and In the presence OF two oislnter-
ested freehoders, In the same manner provided Dy
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 yenire direct
ed to the sheriff of the county, commanding MN
to summon the twelve persons so selected as Ju-
rors, to appear at the time and place named IN
Section IL. The petitioner or petitioners and
every party to the proceedings interested IN as,
certaining the amount OF compensation, shall
have the same right Of challenge of jurors, as IN
other cases IN the courts OF this state. II the
panel be not filled by reason of non attendance or
being exhausted By challenge, the Judge hearing
sary number of persons of proper QUALIFICATIONS
and the clerk shall issue another venire, return
able instanter, until the jury be filed:
Section -. The following oath shall be admin
istered to the jury, when so selected by the Judge
or clerk of said court: "You, and each OF you, DO
solemnly swear Cor AFFIRM that you will well and
truly ascertain and report 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, ana
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
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
drain be greater than what Is actually necessary
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;
the case may be, SO as TO clearly set forth anu
show the findings of the Jury therein.
Section 15 That in case the owner OF any land,
made defendant in said proceeding, shall IN his
answer, deny that it is necessary to use such land
In the construction of said ditch or drain, or that
the construction theIeof will not tend 10 the ben
eft or advantage to the public, the court shall d.
rect such Issue to be tried by the jury aforesaid,
and shall make all needful rules for the trial OF
the same and the jury in its report shall report us
fndidgs thereon: that 1t finds such issue or issues
for the defendant or against the defendant
Section IL. The judge or court shall upon such
report, proceed to adjudge and make such order
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 OF
other persons Interested, paying the full compen,
salons ascertained 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 properly Tor the purposes aloIe
said.
Section H. The court may, in said jury
shall have reported any portion of such often or
drain TO be constructed by the owner or owners,
adiudge and enforce such report by the Judgment
of the court, which judgment may be in the al
Tentative, that such owner or owners construct
the same in the time fixed, pay the cost OF con-
structing the same, as in such report set 1oftn.
provided, no owner shall be required to construct
any ditch OR drain, or pay anything Tor the same,
across land not actually occupied by him
Section 1S In oil cases 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 supreme court, as In other cases OF
appeals from said court, as is now provided Tor by
law.
Section 49, Compensation so adjudged may in
all cases be pai2 into the court before whom
the procea dinGs were had and the clerk shall on
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 81 The person or persons constructing
such drain or ditch may 60 upon the lands OF the
owners with their servants, teams, tools, ana IN
struments for the purpose OF constructing tne
same and may forever thereafter go upon said
and keeping such ditch or drain in order, doing
no more damage than the necessity Of the occa-
sion shall require.
Section ~ This act shall take effect and be In
force from and after it's passage and publication
Approved March Is, 1880.
[Published March 26 lss1.l
CHAPTER 209