The Superior times. [volume] (Superior, Wis.) 1870-1912, 1881-05-14

work is to be paid for by such county appropriation,
the county board nay direct the letting, inspection
and acceptance of such work, in such manner as it
may deem proper: provided however, that nothing
in this act contained shall in any manner authorize
the levy of any tax upon the properly III any 1ncor
porated city or village that maintains its OVID
bridges. and toany such cities or villages this act
shall not apply; provided this act shall not apply to
the county of Grant; and provided, further that
such town towns referred to in this act shall, be-
fore the county slnll be required to raise any sum
for the purpose Of such bridges, be and they are
hereby required 70 raise such onefourth of one per
centun of all the taxable property OF such town or
towns for erecting or repairing any such bridge or
bridges.
Section .. This act shall take effect and be in
force from and alter its passage and publication.
Approved Apri 2, 1881.
Published April 8, 1881
CHAPTER 239
AN ACT in relation to dams and amendatory of sec
tons one thoHand six hundred and one and one
thousand six hundred and two of chapter seventy
of the revised statutes.
The people of the state of Wisconsin, represented i'll
senate and assembly, do enact the follows:
Section l. Seotion one thousand six hundred and
one of chapter seventy OF the revised statutes is
hereby amended so as to read follows, tC-wit
Section 1901. Every dam constructed maintained
in the Wisconsin Black rivers shall he furnished
with shde or chute Tor the passage of RATS and
water crafts which shall be forty feet i'll width,
structed of heyn timber or hewn timber and planks,
made tight and sunk at the upper end together with
that part of the dam beneath 1t two feet lower than
the remainder Of such dam; such slide or chute shall
be of sufficient length to graduate the descent from
its top to the level of the water below at the
rate of five feet in each fifty feet of length provided
that nothing in this section contained shall be 80
construed as toappy to dams maintained exclusively
for flooding purposes, but all such flooding dams are
excepted from the provisions of this section.
Section 2. Section one thousand six hundred and
two of chapter seventy of the revised statutes is
hereby so amended to read as follows; Section
1902. Every dam constructed or maintained in any
of the tributary streams of said rivers which hail
have been declared TO be navigable shall be ac-
ally navigated by RATS shall be furnished with slide
chute of not less han twenty feet in width; such
slide or chute shall be built Of sufficient length to
graduate the descent from its top to the level
of the water below at the rate Of not more than
inch i'll each foot Of length; the place of such slide
chute shall be plainly indicated by at least one buoy
placed opposite the center of such slide chute and
twenty yards above the dam.
Section 3. The owner or owners of any such dam
OF dams in any of said tributary streams of said
rivers shall open such slide chute for the passage
of any raft, logs, timber, lumber water craft at
any and all times the person persons having
charge of any such raft, logs, timber, lumber or
water craft ehaH desire to pass such slide or chute
herewith without any charge or toll therefor but it
shall not be required of the owner or owners of any
such dam or dams to otherwise aid in any manner to
put any such raft, logs, timber, lumber water
craft through any such slide or chute in any such
dam III said tributary streams.
Section 4. All acts parts of acts contrayening
the provisions of this act, are hereby repealed.
Section s. This act shall take effect and be i'll force
from and after its passage and publication.
Approved March 80, 1881.
Published April l. 1891
CHAPTER 203
AN ACT rclsting TO water powers, and amcndatory
of sections three thousand one hundred and forty
niue, three thousand hundred and fifty, three
thousand one hundred and fifty-one, three thous-
and one hundred and ffty-two of chapter one hum
dred and thirty of the revised statutes.
The people of the state of Wisconsin, represented in
senate and assembly, do enact follows:
Section |. Section three thousand one hundred
and forE-nine of the revised statutes is hereby
amended so as to read follows: Section 3l49. In
case Of disagreement between owners of water pow
crs or between owners of any rights interests
therein, respecting tnoU rights as such oWnCrE, or
the use of the waters of such power the expense
Of repairs of dams other structures required for
the operation, maintenance or preservation of the
same other necessary expenses incident to the
care, management, maintenance or preservation of
such water power either party may bring action
in the circuit court, as hereinafter provided for de-
termination OF any or all such matters OF disagree
ment or difference or for partition OF any property
pertaining to such water power held by the party
bringing such action and any other of such owners
as Joint tenants or tenants in common.
Section 2. Section three thousand one hundred and
fifty Of the revised statutes is hereby amended
TO read follows: Section $780, Such action shall
be brought and the persons parties thereto shall be
served with the process therein, in proceedings
under this chapter for the partition of lands and when
so served, or having appeared, upon its being
shown to be necessary expcent IN order TO deter
mine the rights of the parties, the court may, by
order, appoint one or more commissioners, and en-
power and direct them to examine into any matters
complained OF, and upon reasonable notice to the
owners, occupants of such water-powcr, to enter
upon and take control OF the mills, machinery,
fumes, gates, wheel1, and other appurtcnances of
such wacr-power, and to exercise such reasonable
control of the for such reasonable time and in
such reasonable manner as VIII enable them to ascer-
tain the respective rights of the parties and to deter
mine the manner OF using, applying and preserving
the same
Section 3. Section three thousand one hundred and
hftyone Of the revised statutes is hereby amended
as to read as follows: Section 1851. Said commits
siOncrs shall before entering upon their duties take
and fee in said court an oath faithfully to perform
Ilpir al 10
dispatch to investigate the matters referred to them
10y such order, and take all competent, pertinent ev
dence offered by parties to the action touching
such matters such evidence to be taken upon notice
given to all parties to the suit in ordinary cases Of
trial by referees and apply such tests as the nature
of the case may require to ascertain and determine
the rights of the parties, and the of using
and exercising such rights, intcrruptng little
as may be the operations of the owners or Occu-
pants Of such water-power in the use thereof;
shall determine the rights of the parties, and the
manner Of the use of such water power, and appor-
ton or determine the basis for the apporonment of
such expenses between the person or parties liable
to contribute therefor; and shall report their deter
minatOn with all the facts, and a full statement of
their experiments and the evidence taken by them,
to the court, which determination shall be binding
upon the parties until changed modified by the
court. In investigating and determining the mat
tiers referred to tem such commissioners may also.
if so ordered by the court at the time of the appoint
ment of said commissioners, at any time thereaf-
ter upon due notice, consider and act upon any and
all data of experiments, observations and measure
ments relating to such water-pOwcr previously made
by competent engineers and millwrights, reporting
all such data considered and acted upon by them to
the court as above provided.
Section 4. Section three thousand one hundred
and ffty-two of the revised statutes is hereby
amended so as TO read as follows: Section 1852.
Upon the coming in of the report of such commits
siOncrs, and upon hearing the parties, the court be-
fore which thCiproceedings are pending shall make
such order and enter such Judgment as the respec-
tive right of the parties shall require confirming or
modifying the determination of said commissioners,
or for the purpose of more fully determining the
rights of such parties may continue such commits
sioners, and upon reasonable notice, the aDplica
ton of either party interested, order re-examina
ton of any Of the matters complained of, aud from
time to time modify its Judgment until the rights of
the parties and the manner of exercising the same
shall bo fully settled and defined. Any issue of fact
IN any such action properly triabe by jury may be
tried 10y jury, with like effect az III other cases. and
any judgment or order therein falling within the
class of appealable orders provided by law,
may be reviewed by the supreme court i'll other
cases. ~
Section 5 This act sha take effect and be in force
from and after it, passage and publication.
Approved March 26, 1881.
Published March 50 1881
CHAPTER 202.
ACT to amend section one of chapter two hundred
and siXty-ix e the general laws of 1880, entitled
act TO repeal sections five hundred and ninety
two aud i've hundred and ninety-four of the re-
wise statutes of 1873, relating to public chart
ties, and to amend section five hundred and ninety
three revised statutes of 1878, and to prescribe the
procedure for committing persons to the insane
hospitals.
The people OF the state of Wisconsin, represented in
senate and assembly, do enact follows:
Section l. On the receipt by the county Judge of
the petition provided for by section of chapter
two hundred and SiXty-siX of the general laws of
1880, such judge may, if in his opinion the public
safety require it, deliver to the sheriff of his county
an order III writing requiring him forthwith TO take
and confne such insane or supposed insane person
in place to be specified until the further pro
ceodiugs provided for by said chapter be had
until the further order Of the judge and after the
receipt by such judge of the report of the examin
ing physicians provided for in said chapter, such
in II dpIixpr IN sh ,rifT