River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1882-04-27
Published April s, lssa.l
CHAPTER ais


AN ACT TO amend section lit Of chapter So of the
vsed statutes of 1873 reiatng to al onal powers of
peculiar corporations
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows
Section Section 177T of chapter Sc of the revised
statutes OF Wisconsin for the year 1878 Is hereby
corporation formed under this chapter I'm whole in
part for the Improvement of any stream and driving
which shall have taken prior possession Of such stream
for that purpose, shall have power to improve such
ing the channels thereof closing sioughs, erecting
sniceways, booms Of all kinds, side, ling and food
ing dams, otherwise, If necessary but shall in no
case, in any manner, materially obstruct or impede
navigation upon su'h stream, erect any dam OF
other obstruction below the head of steamboat nav1ga
ton, obstruct any navigabe slough, except with
the written consent OF the OF the entire shores
shall improve stream, and so keep In repair ana
operate its works TO render driving logs to the mouth
thereof reasonably practicable and certain charge
and collect reasonable and uniform tolls upon All ios
lumber and timber driven ftnt- the same 20 he
fxed by the directors and may take possession OF all
logs put into such stream or upon 70 lwaNs 20 VI 10 I'M
pede the drive when the owners thereof their agents
shall not have upon the stream adequately pro-
vided with men, teams and tools for breaking rowhs
and driving such logs in season for making through
drive down such stream, without hindeIing the main
drives aud shall also, at the request OF the owr OF
any logs and timber put into said stream take charge
of the same and drive the same down and out OF such
stream charge collect therefor of the owner or
party controlling sati logs ana TIMBER, rensonao,,e
charges and expenses for such services. And such
corporation sha for all such tolls costs and expenses
have lien the logs for which the same were IN
CURED and may seize in whosesoever possession found
and hold sufficient amount thereof 10 pay the same
and make sale thereof upon giving ten days noIlcs III
the manner provided notifying salts execution
upon the Judgment OF justices OF the peace or may en-
force such liens other log liens are enforced accord
ing these statutes No injunctiOnal order shall be
granted to prevent the use or enjoyment OF any such
Improvement, abate any such dam necessary there
to- unles. such corporation shall fail for sixty days
after judgment to pay any damages recovered Tor any
corporation formed for the Improvement OF stream
which is IL whole Or IN part boundary between Ihs
maintain bOoms or dams in such stream, shall have
authority purchase and hold stock In CORPORA
ton corporations in such adjoining state created r
similar purposes upon the same strealn OF 70 cohso
date or otherwise unite with such corporation or cor
poratons in such adjoining state whenever the pur-
poses for which the corporation IN this stale 10 organ
lied can be better effected thereby; provided that no
such purchase or consolidation or other union shall
be made without the assent Of the holders OF three
fourths Of the capital stock OF such FIRST named conpa
ny. Any corporation created and existing under any
laws of this state In whole or IL part Tor any or elnef
owning or controlling dams, looms or improvements
designed in whole in part to accomplish any OF Tue
purpoes above specified shall have the power 70 over
TOW ell such lands shall he necessary for its use
anf acquire title thereto for such purpose by pur-
poraton and the owners of any such lands cannot
mutually agree the purchase lease, or use thereof
any easement therein that may be necessary Tor sch
corporation or the compensation to be made for taking
any property for the of said corporation then either
the said corporation the owner of any lands SO re-
aured may apply by petition to the circuit court of the
county In which such lands shall be suated or 70 the
presiding Judge thereof, which petition shall be signed
and Verified by the owner of such land his attorney
the attorney OF some officer OF such corporation ana
shall contain description OF the land sought 10 DE
tsken used overfowed or acquired for such purpose
the names OF the parties who own anu Occupy ae
may be- and II any are Of nasSund minS or drts
as may be material, which petition shall be filed in
the office of the clerk OF the circuit court OF the county
which real estate is situated. and stall be the
comm encement of suit in such court The court or
presiding judge thereof shall by order prescribe te
petition: which order shall state the date Of filing such
pettion, and the object thereof and snail contain
description OF the lands described therein and be d.
rected 10 the parties therein named and to all persons
Interested in said lands far as known and may oe
Interested or OF their usual abode not less than five
days before the time fixed for such hearing or BY pup
court or presiding Judge not less than ten days before
the time SO fixed the hearing thereof Al the hear
ssts are 10 be affected by said proceedings may show
cause and be beard against granting the prayer there
FAINT idiot or person unsound mind the court on pre-
siding Judge may upon reasonable notice to his guard
ian II any he has and II not without further notice APP
point guardian I'D Item to act for such Infant IDIOT or
ptrson o. IS Se ronsr ory Tbe e or p
siding Judge shall hear the parties Interested and may
Convenient and II no sufficient cause shown against
granting the prayer OF the petition shall make an
freeholders residing in the same some adjoining
county where the premises to be appraised are stu.
compensation TO be made to the owners or persons
interested in the real estate described in said petition
for the aforesaid purposes by such corporation and
may therein the time and place for their first meet
upon the discharge of their Duties take and subscribe
an oath 70 support the constitution OF the united
States and the constitution OF the state OF Wisconsin,
and faithfully to discharge their duties such com
missoners to the best OF their ability, Whenever re-
auesed in writing by behalf OF such corporate on,
or any person the of person interested in any
tract Of ia d desoribedn such petition but not other
spc TO the lands mentioned in such request and shall
notice TO be given TO each party Interested IN the
they will meet to determine the amount OF
compensation to be paid for taking, oyerhowing or
using such land for the aforesaid purpose, whlch
notice shall be personally served such party or his
agent or % 81 g ar a aa Of b
ness with person OF suitable age and dissection, aG
II any such party is nonresident of this state or his
residence is unknown and he shall have no sutnoIzed
soners such notice shall be published in newspa-
per to be designated by said court presiding judge
eoart or presdina iudee shall direct. The Commits
toner's shall preserve and he proof Of service Oh scn
him. either personally or by attorney, with their re-
port They shall view such OF the premises described
request and hear the allegations OF the parties and
shall apprase, ascertain and determine the yAue o.
required for fowage purposes by such corporation,
with the Improvements thereon, and Of each separate
wner bg reason of the taking, oyerowing and use
hereof, and fix the amount OF compen sation % oe
made therefor 10 each such parties inter-
ssted therein majority OF the commissioners bsing
present all OF them having been notified shall %
competent 10 determine any matter before them ano
they shall within twenty dsys after so viewing any
lands so taken used overiowed required, make anc
file of the clerk OF the circuit court OF scl
county, report Of their proceedings concerning he
'ands mentioned In any such written request, making
eparate reports In relation TO the lands Of each ses
rate owner setting forth the amount awarded therefor
or for any separate therein. TO the owner OF
owners thereof, parties interested therein. SAID
commissioners shall be entitled 70 such compen sation
y the seS S ss6ns paf y Sr days
fling of such report, any person or party deemlng
court by filing in the Office Of the clerk thereof writ
ten notice Of appeal, whereupon such appeal SHAH ee
considered an action pending in court, subject 70
change or the place OF trial. and an appeal may be
taken from any order or Judgment therein@to the s
prems court, in other actions the owner OF sucn