Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1881-03-17

SECTION l. Section one, of chap
ter one hundred and sixty-fve. of the
laws Of 1879, is hereby amended SO as
to be and read as follows: The said
corporation shall have power, and is
hereby authorized to make such i'm
oroyements in the Yellow river and
It's tributaries, { it being a tributary
Of the Wisconsin river }. in the
counties Of Clark, Wood and Juneau,
in this state, as shall tend to facilitate
md render more secure the running
and driving Of lumber, timber, saw
logs, shin les, Hath and other materials
foated in said streams, and for such
purpose, shall have power to remove
all natural and other distractions in
said streams, and to remove from the
banks Of the same, any logs or leaning
trees liable to be foated into said
streams or undermined by high water;
and shall have the right to straighten
the channel Of said streams in all
places within said counties deemed
necessary for the purposes hereinbe-
fore mentioned; and shall have the
right to close up all slOughs, side cuts,
and channels in said streams, and to
erect and maintain on said streams, all
dams, bOoms, piers, jettieS and other
improvements deemed necessary by
said corporation, for the purposes con-
tanned in this act, and also to enter
upon, take, hold, and use all such
lands and real estate and acquire the
title thereto, as may be necessary for
the use Of said corporation for the
purposes aforesaid: provided, that if
said corporation shall at any time
take, use or damage, any property, or
rights Of any other person or persons,
III taking or using property for the
purposes aforesaid, it shall be liable to
pay all damages occasioned thereby,
to be ascertained and paid as herein
after mentioned, and provided for
That for the taking. using, or damage
ing, any property OF any other per-
ons, the said corporation shall have
the power to purchase the same by
private agreement with the owners
thereof, or to settle and arrange for
the damages sustained, or to be sus-
tanned by reason of such use, taking
Or damaging thereof And in case
the corporation and oWEers of such
real estate cannot mutually agree for
the purchase, lease, use or damages,
then either party. the corporation or
owner of such lands, or PARTY entitled
to damages i'll the premises, may apply
to the circuit court for the county,
where said lands are situated, for the
appointment of three disintercsted
persons, residents and freeholders of
said county, as commissioners to APP
praise the value Of such lands so taken
or flowed, and also the damages for
the use OF injury thereto, as the case
may be, who shall be first duly sworn
to discharge faithfully the duties of
such appointment, and who shall
personally view the lands and premises
"HG sm@H IvGci7G anu near" SUCH sich eVi
dence as may be offered by either
party in relation thereto, and shall
make and sign their report and award
OF the damages in the premises, and
file the same with the clerk of the
court of the county wherein said lands
are situated, within ten days after the
hearing Shall have terminated in each
case. That the party applying for the
appointment of such comm ssioners
shall give notice to the adverse party
OF at least ten days Of such appica-
ton, and shall therein give the time
and place where the same shall be
heard, and the circuit judge of the
circuit in which such lands are situat-
ed, shall have jurisdiction to hear
and determine such application either
in term or vacation That said COM
misslonerS when appointed shall give
to each of the parties, Interested, at
least ten lays, notice of the time and
place, W hen and where they will meet
to view the premises, and hear and
determine the matters Of damages or
value Of the premises, as the ease may
be. And in case that anv of the
owners or parties interested in such
real estate desired to be used, taken,
flooded or damaged, are non residents
OF this state, or are infants, insane, or
under other legal disability, such
notice and proceedings shall be had in
relation to them and their interests,
as the circuit court or Judge shall
order and direct. That said commits
sioncrs shall each be entitled to three
dollars each per day for their services,
to be paid by the parties or either
party us the court shall direct. That
when the report Of the commissioners
shall be returned to the clerk of said
circuit court as aforesaid, either party
may have the affirmance or rejection
thereof, and for entry of Judgment
thereon, in case the same shall be
affirmed. upon giving at least five
days notice to the opposite party of
such application. And upon such
hearing the said circuit court or Judge
shall render such judgment in the
premises as he shall deem proper
And provided further, that either
party may appeal from the determine
tion and report of said commissioners
To the circuit cnurt of tho cou,ty