Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1882-04-26
LAWS OF WISCONSIN.
Published April 8, 1882. ]
OH pTER. 31S.

amended so as to read as follows: Section 1777 Any
corporation formed under this chapter in whole in
part for the improvement of any stream and driving
witch shall have taken pror possession Of such
Tor that purpose shall nave power TO improve such
the channels thereof closing soughs erecting sluice-
ways, booms of all kinds, side, rolling and flooding
any manner materially obstruct impede navigation
such stream or erect any dam or other
navigabe slough, except with the written consent
Every such corporation which shall improve stream
and SO keep IN repair ana operate ITS works as to render
Die Add certain may charge and collect reasonable and
hoated on the same to be fixed by the directors ana
may take possession of all logs put into such stream or
ers thereof their agents shall not have come upon
the stream adequately provided With men, teams and
season for making through drive down such stream
the of the of ay logs and timber put into
said stream take charge OF the same and drive the
down and out of such stream and charge and col
ect therefor of the party rolling said logs
and TIMBER charges ana expenses for such
cos.a and expenses have lien on the logs for which
possession found. and hold sufficient amount thereof
to the same and make sale thereof giving ten
on execution gPon the Judgment OF justices Of the
enforced according these statutes No inunctional
order shall be granted to prevent the enjoyment
sary thereto unless such corporation Shall fail for sixty
days after Judgment to any damages recovered for
corporation formed for the improvement of stream
adjoining state and authorized to drive logs main
tain booms dams such streams shall have authority
poratons in such adjoining state created for similar
purposes ucon the same stream or to consolidate
such adjoining state whenever the purposes for which
se Sorp4TaGon IN TINS STATE Is can De better
consod or other union shall be made without the
assent of the holders of threeourths of the capital
stock of such hrst-named company.
Any corporation created aud existing under any laws
purposes above specified and any corporation owning
or o9nJrolng cams oooms OF Improvements oesgned
above specified. shall have the power to overflow all
qur title thereto for such purpose by purchase here
matter porlded but IN case such corporation and the
purchase lease thereof, easement therein
may oe t3r suda CT me com
use OF SAID corporation then either the said corporation
ton to the circuit court of the county in winch such
lands shall be situated to the presiding judge there
OF such land or his attorney or the attorney of
scrption Of the land sought to be taken used overflow
ed or acquired for such purpose tre of the
sons are infants their age as as may and any
of unsound mind unknown, such fact shall be
petition shall be fled in the Office the clerk Of the CIR
na sSars and % sh r 6 e IN Fea s m
such court The court or the presiding Judge thereof
shall by order prescribe the notice to be given of the
time and place of hearing such petition; which order
shall state the date or fling such petition and the OBJ
lands described therein and be directed the parties
50 far 70 and paFs6es IN Sa 10
such owner or owners or parties or at their
ed for such hearing, or by publication in newspa
per to be designated by said court presiding Judge
bearing thereof At the nearing of such petition any
said proceedings may show cause and be against
granting the prayer thereof and 1t shall appear that
mind the court presiding judge may upon reasons
bic notice to his guardian, if any he has and If not
without further notice. appoint guardian ad Item, to
act for such infant idiot of unsound mind in
Security The Court or pTesdg Judge shall Se 6e
parties interested and may adjourn such hearing from
shown against granting the prayer of the petit
ton shall make an order appointing three disinterested
some adjoining county where the premises to be APP
praised situated commissioners to ascertain
appraise the compensation be made to the
persons interested In the real estate described in said
petition ordered to be taken overlooked used in such
county for the aforesaid by such corporation
and may fix therein the time and PLACE for their first
upon the discharge Of their duties take and subscribe
and the constitution OF the state of Wisconsin, and
faithfully to tier duties such commission
writing by behafof such corporation, any per-
son the owner OF or person interested IN any tract of
shall proceed perform their duties respect to
be given each party interested IN the proceeding of
the time when and place where they viii meet to deter
overfioTing or using such aad for the aforesaid
party or hs authorized agent attorney guardian ad
tem, or by es wing the at his residence place
at least six avs efeTe tie time of such meeting and if
any such party nonresident this rest
dence is unknown, and he shall have no authorized
agent attorney in this state known to such commits
per- to be designated by said presiding Judge
for such length of time prior to such meeting such
ers shah preser1s and file proof Of service Of such no
tees or of the appearance Of such parties before him.
They shall view such of the premises described in the
and hear the allegations OF the parties, and shall APP
praise ascertain and determine the value each such
howage purposes by such corporation with the improve
ens thereon and of each separate estate therein and
taking, overewng and use thereof and fix the amount
of copensa ion to be made therefor each of such
parties therein majority of the
commissioners being present. all of them having been
before them and they SHALL within twenty days after so
view 9g any lands SO taken used, overhowed or re-
cult court OF such county report of their proceedings
quest making separate reports in relation to the lands
OF each separate owner setting forth the amount award
Said commissioners shall be entitled IN snch comnensa
ton as the court or presiding Judge direct, TO be
paid such CORPORATION Within thirty days after the
self sggsved theTebS may appeal to such ercat court
by fling in the office of the clerk thereof written
tce Cf appeal whereupon such appeal shall be consider
60 an acton pending IN TO change of the
order Judgment therein the supreme court as IN
other actions the OF such lands in respect to
interested therein sha be considered the plaintiffs
therein and such corporation The defendant. Such
jury is waived by both pares and shall be allow
ed to the successful party such appeal and if the
award IN favor OF the plaintiff be ed to be added
TO the amount of the verdict anG included udg
ment thereon it be decreased. favor Of the defend
ant and be deducted from the amount Of sucl s-dict
the Judgment shall be rendered according TO he rights
OF the parties Any reUort of the commissioners snail
he recorded the clerk of the court in whose
IS ied IN the Judgment book. and at any time f
ter the fling OF such award such corporation pay
to the owner owners parties interested in the land
so taken required to the clerk of said court for his
or their use, the amount amounts awarded by the
commissioners and thereupon such corporation may
ter upon take overflow and such lands for the pur
pose for which 1t required and such court.
presiding judge, may thereupon upon notice of three
days award writ of assistance to put such corporation
IN possession OF the and may upon such pora
DO deemed proper to pay Judgment which shall be
recovered against It, award such writ, pending
peal If such corporation be in possession put IN
possession sach land pending appeal the owners
parties entitled thereto shall be entitled to receive
the paid to the clerk of the court account of
the award appealed from without prejudice to their
peal but such corporation shall have appealed such
money shall only be withdrawn upon such owners
parties entitled to receive the same, filing bond in
such and with such surety shall be approved by
the court presiding judge. to repay the amount by
which such award shall be abated with COSTS If such
corporation shall to the amount awarded in
90 court. or TO pay into court the amount of final
judgment which shall be rendered appeal from
such award, the party interested such NAY
have Judgment thereon and may have execution any
such judgment without motion If any deIect of title
to- incumbrance upon any portion of the premises
shall he fnnr