Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1891-06-11

/ cecllon l. The circuit court in which such
petition shall be fled msy hear the SAID neflt1oT
q shy general or special term thereof and mar
aoJoern the hearing from time te time or contgn
ue ne case Tor want Of sufficient notice or other
good caHse.
section 5. on the hearing Of any petition
nled under the provision OF this chapter, an
parties through or upon whose lands any OF the
proposed work may Dc constructed or whose
'ahus may De damaged or benefited thereby
may appear and contest the necessity or utilifv
| OF the proposed work. or any part thereof and
Tue contestants and petitioners may offer any
competent evidence in regard thereto II shall
De the duty Of the court 20 hear and deferraiu >
whether or not the said petition contains The
slSnai ure of maj 1rity Of The owners "a land :
Wlthln salS proposed district, who are or lawful
age. auu who represents One-third in area of the
iands proposed 20 be affected by said work 81
the signatures OF the owner Of more than one
halt OF such land and the affidavit Of any three
or more OF the slsuers Of said petition that they
nave examined said petit and are acnnaintad
with the locality OF said district. and thar said
petition j. signed by majority of such owners
who are Of lawful age and who REPRESENT AZ les ~
ohethlru IN area OF the land proposed To be af-
fected by such work, or by the owners OF mere
IMAM oue-halt 81 said lands. may be taken by the
court as pFlma tacle evidence 81 the facts there
IN stared or the oath or Affirmation Of any per
son before such court. properly taken and certi
heu by any person or court authorized In take
acknowledgements OF deeds 10 real estate in this
state, giving the age Of such party. and his or
her ownership Of such lands to be FAMED in
said oath. Affirmation OF affidavit BY proper des.
crption, shall be sufficient evidence To the court
OF such facts provided that all deeds made for
the purpose OF establishing or defeating the
prayer Of said petition, not made in good faith
ana Tor valuable consideration, shall be taken
and held 10 be fraud OF the provisions Of this
act. and the holders thereof shall not be consfd.
cred as the owner OF the land described in such
fraudulent conveyance. II the court after
hearing any and an competent evidence that
may be offered before II. for and against the
said petition, shall lind that the same has not
been signed by majority OF the land owners, nr
by the owners OF more than one half OF the wet
lahds I'D said proposed district, as hercuhefore
required, the said petition shall be Dismissed al
the cost Of the petitioners, but IL IL shall appear
To the court that the petition has been signed by
land owners constituting majority of such land
owners, or by the owners Of majority Of said wei
lands, the court shall so find, and il if shall
| further appear TO the court that the propoSed
dram or Grains, ditch or ditChes leyee or levees
| OF otnef works, Is OF are necessary, or will be
usefnl Tor the drainage Of the lands proposed 10
be drained thereby, for agricultural sanitary or
mining purposes, the cudrt shall so find and
| shall app-int three competent persons as com.
missioners 20 lay out and cons ruCt such Dro-
posed work. In case the land To be affected nv
the proposed work shall be situated i'm d tTsre,,t
counties, not more han two OF the commas on
erS shalt be elected from any one Of such con "a.
Ties. II the court shall find against the pct iii IN
ers The petition shall be dismissed and the octi-
tioners shall pay the costs Of the proceeding
section O. Before entering upon the duties OF
thelt once, such commissioner shall take and
subscribe an oath 10 support the constitution of
the United States and The constitution of the
state of Wisconsin, to faithfully and impartiaIIy
discharge the duties OF their Office and 10 render
a true account Of their doings 10 the court by
which they are are appointed. whenever required
by law or by the order OF the court: and shall
executed bond running TO the clerk OF said
court and his successor IN office, as obligoes to
be FLED with said clerk for the benefit of The
parties Interested in the amount and with sure
Ties to be approved by the court or presiding
judge, conditioned for the faithful DISCHARGE ~
their duties EuCh a.,
faithful accounting for and applica,fo OF all
moneys which shall come into their hands as
such officers. Upon the due qualification OF
each commissoner.the said clerk shall issue 10
him certified copy of the order OF his appoint.
ment
Section = THEIR first meeting. which shall
be held within ten days after their appointment
and qualification, the said commissioners shall
elect one Of their number secretary.
Seeton 5. a majority OF the commissioners
shall constitute quorum. and d concurrence of
majority of their number N any matter within
their duties shall b. sufficient to ats determine.
ton.
Section 9. As soon as may be after their an.
ponlment. or within such time as the court may
direct, the commissioners shall examine the
and, described IN the petition, proposed 10 be
/ drained and protected, aud the lands over or
upon which the work is proposed to be con.
structed and shall determine and report:
ISL Nnether the starting point route and ter
minus OF the proposed work and the proposed
I
and feasible and If not, what is or are So
end The probable cost Of the proposed work
| Including all incidental expense and the cost Of
| proceedings therefor.
3rd. The probable cost Of keeping the same in
| repair after the work II completed
4th. What lands VIII be injured thereby and
the aggregate amount Of such injuries and they
| shall award to each tract, lot easement oc inter
/ est. by whomsoeyer held. the amoHnt of damages
| SO determined by them.
9Th. What lands will be benefited by The con.
ruction Of the proposed work; whether the ben.
/ eits VIII equal or exceed the aggregate coat az
| constructing such work. including an incidental
| expenses costs of proceeding and damages: and
| they shall apportion and assess the estimated
cost Of the same, on the lands so benefited set
ting down opposite 10 the correct description Of
each tract, lot, easement interest or sarvitude
! by whomsOeYer held, the portion OF such cost
assessed as benefits thereon And II any par
| tcular part of the work so proposed to be done
should he assessed upon any particular tracts
! or lots o land, or upon any town Municipality
or corporation, they hali so specify. and IN in
| any town, municipality or corporation should in
| their judgment bear part Of the expense or a.
\ such, will derive public benefit from the whole
| or any part OF such proposed WORK they shall 50
| report and assess the amount OF such benefits
9th. Whether the proposed district as set out
in the petition hled, viii embrace all Of the lands
| that may be damaged or benefited bV the pro.
posed work, and II not, 10 report what addition.
| al lands will be benefited or damaged and the
amounts Of the benefits or damages IN the same
manner as though such lands were included in
such original petition. In case the prayer Of the
| petition IS for the purpose OF repairing and
maintaining leyee or levees ditch or bitches.
or other work heretofore constructed under any
law Of this state it shall be the duty Of the com.
missioners to eXami ne the said levee or levees,
ditch or bitches or other work. and the lands in
tended to be reclaimed thereby and 10 report
to the Court.
let Whether in their option, said levee or
leyees ditch or djtches, with proper repair. can
be made sufficient 10 protect permanently said
lands from overflow from high water or to drain
the same.
End. The probable annual expense Of keeping
the same in repair.
3rd. What land VIII be benefited thereby.
giving accurate description by government sub
divisions, the names Of the owners. sud il any
repairs are needed. the cost Of the same with
all Incidental expenses, and an assessment Of
such cost on each tract. lot, easement or servi-
tude by whomsoeyer held And if any particn-
lar part Of seCh cost should be assessed unon
any particular tracts. or lots OF land they shall
specify and II any town or municipality de.
riyes public benefit from such work, they shall
so determine and report. and assess to such town
or municipality It's equitable portion to such
cost.
a h. whether the aggregate amount Of such costs
Will exceed the benefits resulting - the lands aud
interests assessed
5th. Whether the propoed district viii embrace
all Of the lands that may be benshtte1 by the uAn-
tenance Of such levee or ditch, and IL not to re.
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