The Superior times. [volume] (Superior, Wis.) 1870-1912, 1891-05-16


special term thereof and may adjourn the nearing
from time time continue the case for want OF suf
section 5 on the hearing any petition filed under
the provisions of this chapter all parties through or
upon whose lands any of the proposed work may be
constructed whose lands NAV be damaged or henc-
htet thereby may appear and contest the heSesss o1
utility of the proposed work any part thereof AMI
the contestants and petitioners ofer any
hear and determine whether or not the said
petition contains the signatures OF majority OF me
owners Of lands within said proposed district who are
OF the lands proposed 10 be Affected by sad WORK or
the signatures Of the Of more than one half II
such land; and the affidavit Of any three or more (
the siSners OF said petition that they have examined
taa pet.uon ana are acquainted with the l f o.
said district and that said petition is signed oy rs
represent at least one third IN area Of the and
TO be affected by such work by the owners of more
as prmk facte evidence Of the facts therein stated or
the oath OF Affirmation of any person before sucn
or court authorized 10 take Acknowledgements Of deeds
10 real estate in This state, giving the age OF susn
to be named in said oath, Affirmation affidavit
BY proper description, shall be sufficient evidence
made for the purpose Of establishing or deestinx
the prayer q said petition, not made in good atth and
for valuable consideration shall be taken ana held 10
be fraud OF the provisions OF this act and the holders
land described in such fraudulent conveyance II the
court after hearing any and all competent evldenes
petition shall ind that the has not been signed
by majority Of the land owners, by the owners OF
more han one-hst OF the wet lands in said proposed
district as hereinbefore required, the said petition
shall be dismissed a. the of the petitioners but
y sEH appear 10 the court that the petition has oeen
signed by land owners constituting majority Of such
land owners, or by the owners OF majority OF said
lands The court shall so md, aud II II shall furhet
appear TO the court that the proposed drain drains
dl1A or alches LrYss or ieEees or other WORKS OF
are necessary or VIII De Gsefh for Inc drainage o.
the lands proposed to be drained thereby for
mud and shall sppoin, thr~. com petsnt persons
commissioners 10 lay out and construct such pro
posed work shall be situated in different counties
more than tao Of tins shall De selected
against the petitioners, ths petition sh. be dismissed
and the petitioners shall the costs of the proceed
ing.
Sections Before entering upon the duties Of their
once such commissioner, shall tass and suhscribs an
and the constitution the wisconsin tAith
o g ana nesy disehs[gs the dn.s' Of .nsa
The court by which they are appointed whenever re,
execute bond running to the clerk of said court and
his successors in Office oblgees TO be Aled with sAid
clerk for Tie benefit OF thu parties interested In the
amount ani with sreriss TO IS approved by the court
or presiding nudge conditioned for tho fIhful dis
charge al t3er duties such commissioners and the
faithful accounting for and application Of all moneys
MHtn shall com" into their hands as such sfrcers
jren the due qualification Of each COMMISSIONER the
saa clerk snail issue to him certified copy Of the
order Of ms aPPoi ntment
within ten days after their aPPot ntment snd qu.lihca
ton the said commissioners shall elect enc Of their
number a secretary,
Section ;. A majority Of the commissioners shall
constitute quorum, and g o"ncuErenos Of majority
OF their number IN any matter within their duties
shall he sufficient TO its deterni nation.
ment, within such time The ssy direct the
commissioners shsI examine the land, described in
the petition proposed 10 be drained and protected and
the lands which the work 10 proposed 70 be
constructed ana shall determine and report
Of he proposed snd oo .an ahsr.es
Is or are in all respects proper and feasible and Eot
q The lrooahls cost Of the proposed .sIs. lnclua
ing all Incidental expense, and the COST Of the proceed
sd The probable cost OF keeping the same IN repair
After the work j. completed.
sth. what LANDS will be injured thereby and the
aggregate amount Of such injuries; and thsy shsll
s~ard each ,ract lot easement interest, by
whomsoever held the amount Of damages SO deter
9TH. What lands viii be benefited by the eonstrue-
ton OF the proposed wofE whether tie benefits Will
e9Ha! or exceed e as"4He COST of constructing such
work Hclad2a'i r dental eN lenses costs Of proceed
ing AMI tua ana lneY shall aNportlon and assess,
the estimated cost Of the same. the lands so bene
,F srl'@ ,"h "rp"s te ." ts correct desct ION OF
each traot io easement lnteTest or servitnde, by
whom held, the portion of such cost assessed
behrhls thereon A"d IL any particular part OF the
work proposed TO lie done should ne assessed upon
any particular tracts lois Of land OF upon any town
municipality or corporation they sha so specify and
II any town, munIr IUllIr corporation should in
VIII derive p@hc ea eat from the wRois or any ps
of such proposed w@rS they shall report and
me an0IAl~ OF such .enehls. ,..-,-..
petition MED viii embrace all Inc lands mai NAV Ia
damaged or benefited by the proposed work and II
to report what additional Snds viii be benefited
damaged and the amounts OF The beuet. or Gsmsres
in the manner though such lands were iu-
Guided Ia such original petition ln the prayer OF
petition the purpose Of repairing and main
tanning q icvee Ieyees, ditch bitches or other
work heretofore under Law OF this state
it shall the daty of the mssfoners to examine
ssId Ieyce egees ditch bitches other work
and the lands Intended TO be reclaimed thereby and
Isl Whether, in their opinion said leve. or Is-ses
diten or dit vita proper repairs can b made surf
protect permanently said lands from overflow
from htg4 waller n drain the sams.
I'd. The probable annual expense OF keeping the
same IN repair.
Sd. What lands Will be benefited thereby, giving
accurate descriptions by government subdivisions the
names o. the owners. and II any repairs needed
sane with al incidental penses and
or servtude. by whom sosver held And ii am par
ttcuar part such cost should be assessed upon any
and If any town municipality derives public
benefit from such work, they shall determine ard
An. Whether the aggregate amount of sach cot.
will exceed the benefits resulting 10 ths lands and
SIN. Whether the proposed distrio, will embrace all
of The lands that may be benefited by the maintenance
Of such leyee dItCn, and not to report what add
tiona lands viii he affected; which report shall be
flied with the clerk of court.
section 10 1.-THE commissioners shall fnd III a, such
the benefits viii be bestowed upon the and % be
benefited they shall so report sud the proceeding.
snail be dismissed al the cost Of TIC petitioners
Section Il. II the comm 5sstoncrs repor: that III.
dement's resulting therefon they SHALL proceed to have
the proper sITye3s Prohlrs plans aud specifications
illusions thereon, with copy OF 81, surveys prons.
p!sns and specifications and their .Edsons as
10 tbs best and cheapest method OF doing the proposed
work.
section Il TIE commissioners shsIl not be confined
drsins bitches ths nunbr- extent s1. OF tho
the location, plan extent OF any lav.. ditch
locate design lay out and plan the in such 10 an
to them shall seem best designed drain or pro
teCt the lands OF tue parties Interested with tbs least
dams qe ami greatest beueat TO al lands 10 be -ectsi
thereby aud ANY piau proposed ~ tie cornrssIoners
may Oh the application of nuY person interested OF,
tie hearing here natter provided for spuIiCsto
OF Tie commissioners be altered hv he court ~ %rit
order il such manner shan appear 10 the court
DC just If the commissioners md that the propc,rd
district, described in the petition fled viii not rTn
bracs all Of the lands I'll be beneteG bv III. pra
posed work or that u viii Include lands hal viii not
be beuehed and not necessary bs included in said
district for any purpose they may extend tia
boundaries OF the proposed district include or
eXcl44s all such lands as the case may be- and the
boundaries adopted aud reported oy said commission
efs may, upou Inc hearing on their report herein
after provided upon t'e aPpil' alton OF ssd commits
a.oUers Of sns person Interested, be altered BY the
court IN such manner as shan appear TO the 10 be
yust fToNl4r4 Tue Ht"'atIgH o. bouhdaI3es as afure
sid shall not nave the effect Of far snlsrSlng or
sCting The prof. osed district TO render such PED
ton void or dismlsolOe under the requirements Of tns
act
having Jurisdiction Of Inc matter shall make and
a order tKing time and place when and where
1919 20 I'M h. jrs Of $40 T
the time and place OF such hearing he given
t6e,e1C ana Of tGe amount Of dement's .nd dsIa
assessed ard awarded by SAID report, which notice
shall contain descI pton OF ali taHds affected for st
sast three successive weeks PRIOR to tbs dsv sci for
such hearing. more newspapers published "a
said county and by serving cory OF suCh notice on
each Of the persons or corporations affected thereby
posed district formed least twenty days before ID,
day hearing either personally by leaving at the
last usual place OF sbode.
Section "a. Any owner OF lands or any person or
corporation, affected ~ the work proposed N az APP
pear h. day set for hearing Of said report and
monstrse against th= Whole OF any part OF the pro
po< Teiu0HStraEce snail verified nv
AFFIDAVIT and shall set forth tita CAUSES whether I4g,
JUrIsdICtioUGi otgegtfos.s that any lands are
assessed Mi-h Too low, or Improperly or thai
lands are assessed which os-ut not to be or tbat
lands should I've assessed which are not assessed or
that toe plans Tor said proposed work sho4ld IL
Changed, tust the boundaries OF SAID distinct should
De altered include exclude certain lands or
by person corporation 10 whom damages are
lowell TINT iMeN az. LLt-IeLLatr. Dv