River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1881-05-05

follows: Section 1900 a. If the owner or occu-
pant Of said land in any Of the cases mentioned
IN the preceding section, shall refuse to take the
tender made, the party making such tender or
partyin whose behalf the same Is made exeept as
hereinafter provided, may proceed to remove
such logs timber, boards or planks or pass over
said lands, on fling with the clerk of the circuit
court Of the county within which sand land Is sit
uated, a bond, with ut least two sureties condi-
toned 10 make such removal as soon as practical
bic and pay all damages which may be sustained
by the owner or occupant of said land by reason
OF the removal or non-remoYal as aforesaid or
making reads over said lands and using the
same IN such removal; said bond shall run to
the clerk of said court by his name of Office
be approved by the county judge or court
commissioner of the county and shall specify
the description of tie lands affected by the
removal or non-remoyal Of said logs, timber,
boards or planks, the owner or occupant of each
description OF land and shall have attached there
to statement showing the amount rendered as TO
each description, and receipt frcm the said clerk
showing that the amount of such tender has been
deposited with said clerk for the use of the owner
or occupant of said land. A copy of said bond
with copy of said statement and receipt attached
thereto shall be served on the owner occupant OF
said land before said logs, timber boaris panks
are removed. Within three days after such sery-
ice the party upon whom service is made NAV .ex-
cept to the sufhciency of the sureities named in
the bond, in the same manner, and the sureties
shall thereupon justify the same as provided in
sections two thousand seven hundred ana -FOUR,
two thousand seven hundred and FIVE and two
thousand seven hundred and six of the revised
statutes, and at the expiration of said three days
the lien and right of lien hereinhefore provided
for shall terminate, unless the owner or occupant
of said land shall remove said logs timber
boards or planks under the provisions of this act
or unless the owner or occupant of said
land shall except to the suficiency of the sure
ties in said bond as aforesaid and such sureties
shall fail TO Justify above required in either of
which eases the said lien and right of lien shall
continue until all sums which may become due
the owner or occupant of said land under the pro-
visions of this act are paid, which lien may be en-
forced in the manner hereinbefore provided. The
owner or occupant Of said land mentioned in the
bond, may accept said tender or commence an
action on such bond to recover his damages at any
time within two years after notice of the filing
OF the bond, and no action shall be commenced on
sad bond by any such owner, npant unless
commenced within said two years; nd unless said
tender is accepted within said two years it shall
revert to the party making the same. And in
case OF acceptance the clerk of said court shall
take a receipt, showing the description of land.
as to which the tender has been accepted and
shall attach the same to the bond on file. In
case an action is brought on said bond and the
plaintiff does not recover more than the amount
rendered, the defendant shall recover costs and
the tender or a sufficient part thereof for that
purpose shall be applied to the satisfaction Of
such costs; provided however, that the owner OF
bond is served as aforesaid, may within ten days
after such service notify the of the logs,
his agents, in writing that he elects to have the
damages caused by the removal EGn-removal
as aforesaid or by passing over said land In such
removal, appraised by commissioners, in which
case the owner shall before removing the same,
| have said damages so appraised and the amount
| thereof rendered TO such owner or occupant as
| hereinafter provided If no notice is served
| within said ten days, the owner or occupant Of
ha hold m hat~a oil Tod
| to rely upon his action, upon the bond and to
| have waiyed his right to have his damages
| judcialiy determined and rendered to him. before
| the removal. The owner of said logs, timber,
boards or plank may at any the apply to the cir
| cult judge of the circuit within which the land
Is situated, or county judge of the county on ten
days notice to the owner or occupant of any lands
affected by such removal or n0n-removal, for the
appointment Of commissioners To appraiss the
! damages caused to said lands by such removal
or noIi-removal. At the time and place mention
ed IN the notice, the judge shall make a list Of
nine persons residing in the county, from which
each party may strike off three, provided that all
the land owners or occupants of land interested
shall represent one pi.rty and the owners of said
articles to be removed Joining in the notice. shall
represent one party. for the purpose OF striking
out names from the list and if either party refuse
70 strike or fails to appear the judge shall strike
tor such party. The persons whose names remain
SHAH constitute the commissioners TO appraise
his w"rrant requiring said commissioners &c APP
pear before him a day named in said warrant to
be sworn as such cOmmisSi' uers and within ten
days thereafter to apprase the damages to each Of
the descriptions of land mentioned in the warrant
caused by the removal ornon-removal of the logs
timber, boards or plank specified therein and the
amount that each Of the owners or occupants OF
said land is entitled as damages for such removal
or nOn-remoyal; said warrant may be served by
the sheriff or any constable of the county by
s1s,,r. H. e = 4
At the time and place mentioned in the warran
the commissioners shall attend before said Judge
and make and subscribe an oath to fairly and
impartially perform their duties as such commits
sloners. The commissioners shall then proceed
to examine the premises mentioned, and to
appraise the damages caused by the removal or
non-renoval Of the articles mentioned as to each
description mentioned, and shall make return
OF their determination within the time mentioned
in the warrant Said return shall specify
the damages as to each description and the ownsr
or occupant thereof; such return, and all the pa
pers, shall thereupon be filed in the Office of the
clerk of the circuit court of the county and the
amount of damages so appraised be rendered to
the owner or occupant OF the land, or deposited
with the clerk and notice be given to such owner
or occupant that such DEPOSIT has been made, and
thereupon the owner of such logs, timber, boards
or plank, NAV proceed to remove the same and to
pass over the lands for that purpose. All costs Of
the proceedings for the appyGsement by commits
y
the lands, in tender has previously been
made, and the amount as appraised by the COM
missioners does not exceed such tender, otherwise
the costs shall be paid by the other party. Such
costs shall be adjusted by the judge, the same as
in case of commissioners appointed by ,he Judge
OF justice under chapter fifty two of the revised
statutes.
Section 3. This act shall take effect and be
in force from md after the first day of June.
A. d. 1881
Approved March 81, 1881.
IPublisned april {, lssi.1
CHAPTER 31G
AN ACT TO provide for fshways the outlet of Big
Green lake, Green Lake county Wisconsin, and for
the protection of fish and game in the Green Lake
district.
The people ofthe state Of Wisconsin, represented in SEN
ate and assembly, do enact as follows:
Section l. 1t shall be the duty of all persons owning.
occupying having charge Of any dam now erected or
hereafter to be erected the outlet Of Big Green lake.
Lake county, Wisconsin, TO strnct in each
their dams, good, efficient shways, under the super
vision Of the fish warden or some person appointed by
Soi ia ~ i Sirnisa5 by aid and
10 keep sid shways i'll good repair and open for the
free passage of fish and down, within four months
and after the passage and publication of this act
Section > Any person owning, occupying or having
charge any dam mentioned IN the foregoing section,
who shall refuse neglect 10 construct keep in
pair keep open said shways in accordance with
tion ore Of this act after the space OF four months nom
and after the nssage and publication Of this act, shall
be !lahe to tine OF one hundred aoias en- e@sts o.
neglect to comply with the provisions Of said section
one ne siali DC npie 10 he OF zen uols anu COSTS
Of suit.
section s. For the better Increment Of this set aud
the general laws Of this state for the protection and
preservation OF fish and game the fish commissioners OF
the oi Wisconsin hereby authorized and en-
powered 10 appoint suitable person as fish war
dem who shall he resident OF the district conpOs of
county Green Lake and the western tier Of towns
in Fond du Lac county, including the city of Ripon,
who shall act as fish warden within the limits OF said
district He shill be subject to removal for cause by
said commissioners
Section 1t shall be the duty of said warden to pros
every violation Of this act and also Of MI other
laws for tile protection Of fish and game within the dis
triCt neL oned in section three, which come to his
knowledge supervise the construction and repair Of
fsways TO apply for receive and deposit in suitable
places all fish, fry spawn furnished by the fommis
sioners or other persons and destined for the waters IN
he enters upon the discharge Of his duties take and
subscribe an oath Office ana give bond such is
now required Of constable, said bond to be approved
bv the supervisor Of his town ward, and be filed by
him the said WprdeH, with the county clerk OF the
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