River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1881-04-21
Published April /, lssi.l


AN ACT relating to water powers and amendatory Of
sections three thousand one hundred and forty-nine
three thousand one hundred and fifty, three thousand
one hundred and fifty-one, three thousand hun.
dred and ytwo, OF chapter one hundred and thr-
ty-four of the revised statutes.
The people the state wisconsin represented In
ate and assembly, do enact rs follows:
Section /. Section three thousand one hundred and
OF the revised statutes is hereby amended SO
as TO read as follows Section SlI9 In case Of disagree
ment between owners Of water powers or between own
ers OF any rights or interests therein respecting their
rights as such owners the Of the waters Of such
power OF the expense OF repairs of dams other ruc
lures required the operation, maintenance pre-
seryaton of the same or other necessary expenses Incl
dent to the management maintenance preserva
ton in the circuit court hereinafter provided, for
ment difference, for PORTION of any property
pertaining to such water power held 10y the party bring
tenants tenants in common.
Section 2. section three thousand one hundred and
fifty of the revised statutes is hereby amended
so as to read as follows: Section 1850. such action
Shah Re e ana Win the pPopss as in
proceedings under this chapter for the partition
appeared, upon its being shown to be necessary
exIedien in order to determine the rights OF the
commissioners, and empower and direct them to ex-
amino into any matters complained Of and upon rea-
sonape notice 10 the owners or occupants or sue water
power TO enter upon and take control Of the mills ma.
chinery, fumes gates wheels and other appurenaDces
Of such water power and 70 exercise such reasonable
control of the same for such reasonable time and in
such reasonable manner as will enable them TO aseer
the respective rights of the parties and to deter
mine the manner OF using applying and preserving the
Section 8. Section three thousand hundred and
fy-one of the revised statutes Is hereby amended so
as to read follows: Section $751; Said mission
shall, before entering upon their duties take and
file in said court oath faithfully to perform their du-
ties as such shall proceed with reasonable dispatch
investigate the matters referred to them by such order
and take all competent, pertinent evidence oeh1 by
any parties to the action touching such matters; such
evcenee to be taken upon notice given to all pat es 70
the suit as in ordinary cases OF trial by referees anu
apply such the nature Of the case may require
TO ascertain and determine the rights OF the parties and
the manner of using and exercising such rights, inter-
rupting little may be the operations OF the owners
occupants OF snch water power in the use thereof
shall determine the rights Of the parties and the man
the Of such water power, and apDorton or de-
termine the basis for he app0rtonment of such ex-
ute therefor and shall report their determination with
all the facts and fun statement Of their experiments
termination shall be binding upon the parties until
ana determining the matters referred to them, such
commissioners may also, if ordered by the court at
any time thereafter upon due notice, consider and
act upon any and all data Of experiments, observations
and measurements relating 10 such water power pre-
yously made by competent engineers and mill-wrighs,
reporting all such data considered and acted upon by
them TO the court above provided.
Section 4. Section three thousand one hundred and
fftytwo OF the revised statutes is hereby amended
to read follows: Section 1852. Upon the coming
in of the report of such commissioners and upon hear
ing the parties the court before which the proceedings
pending shall make such order and enter such tndg
ment the respective rights of the parties shall re
quiTe, confirming or modifying the determination OF
said commissioners or for the purpose of more fully de-
termnng the rights Of such parties may continue such
commissioners, and upon reasonable notice, on the APP
peation of either party interested order
time to time modify is Judgment until the rights Of
the parties and the manner Of exercising the same shall
such action properly triabe BY jury may be tried BY
jury with like effect as IN other cases and any tudS-
order therein falling within the class Of appeal
able orders as provided by law may be reviewed by
| the supreme court as in other cases,
Section g. This act shall take effect and be in force
from and after its passage and publication.
Approved March 20 1881.
Published March %. 1881
CHAPTER pa
ACT relating to the sail of lands deiiuoupn
taxes and amendatory of section one thousand one
hundred and thirty of the revised statutes of 1878
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows
section Section one thousand one hundred and
the year 1873 hereby amended by striking out the
word "seconun where IL occurs in the seventh ana
thereof the word third 50 that when amended. said
section shall read follows The county treasurer
shall ON the first Monday of April in each year make
out statement of all lands upon which the taxes have
been returned delinquent and which there remain
unpaid except public lands held contract and lands
mortgaged to the state containing brief description
much Of each parcel OF land described in said
statement may be necessary therefor, will on the
third Tuesday of May next herea and the next sue
ceeding days be sold by him at public auction at some
public place. naming the same at the seat Of justice Of
charges thereon; and If in any county seat of JUS
tice shall be established, then at such public place
and notice be published in newspaper printed
in bis county, if there be one and IL there be none
then in newspaper printed IN an ADJOINING conty' ~
there be one, but il there be no newspaper printed IN
the same or an
ana notice shall re published in the official paper
which statement and notice shall in oil cases be pub
lished In each week for four successive weeks prior
to said third Tuesday of May; and such treasurer shall
also least four weeks previous to said day. cause TO
be posted up copies of said statement and notice, in at
least four public places in such county, one of which
copies shah be posted up in conspicuous place in
his Office but it shall be unlawful for any county treas
publish such statement and notice In any news
paper in his county that has not been regularly ana
continuously published in such county once in each
calendar week for at least years Immediately before
the of such notice. If there be newspaper which
treasurer who shall violate the provisions OF this sec
ton shall forfeit equal TO the fees allowed by law
for such publication sued for and recovered In civil
brought In the of the state of Wisconsin, one
half of such penalty to be paid to the informant and
the other half into the school fund. And 1t Is hereby
made the duty of the district attorney of the proper
| county, complaint being made to prosecute such
| action.
Section Q This act shall take effect and be In force
| from and after its passage and publication.
| Approved March %, 1881.