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

the application Of said commissioners ar y, ~
person interested, be altered by the court in suc
manner as shall appear to the court to ba
Just Provided, the alteration of boundaries as
Aforesaid shall not have the effect of 40 far enar
ing OF contracting the proposed district as to rend
er snch petlion void or dismissibie under the re-
quirements OF this act
Section Is. Upon the fling Of such report the
court having jurisdiction of the matter shall make
ana enter an order, fixing time and place when
anu where al persons Interested in said report or
in the work referred to therein may appear and
contest the confirmation thereof: aud the clerk of
said court shall cause notice Of the time and place
81 such hearing 20 be given 10 all parties interest
ed, 10y the publication of a notice thereof and of
the amount Of benefits and damages assessed and
awarded by said report, which notice shall contain
description OF all lands affected for at least three
successive weeks prior 10 the day for such hear
ing, in one or more newspapers published in said
county. and by serving copy of such notice on
each of persons or corporations affected thereby
who reside III any of the counties out of which the
proposed district is formed, at least twenty days
before the day of hearing either personally or by
leaving at the last and usual place of abode.
Section II. Any owner of lands, or any person
or corporation. affected by the work prot0sed may
appear on the day set for hearing of said report
and remoustrate against the whole or any part of
OF the proposed work. Such remOnstrance shall
be verified by affidavit, and shall set forth tho
causes, whether legal or jurisdictiona objections
or thal any lands are assessed too high too
low, or improperly, or that
lands assessed which ought not to be
or that lands should be assessed which are not
should be changed, or that the boundaries of said
district should be altered So as To include or ex-
clnde certain lands, or by any person or corpora
uoh 10 whom damages allowed. that they are
inadequate, or. by any person or municipality that
the public will not benentted by the proposed
work The circuit court for said county or the
presiding Judge thereof may fix time al any term
or appoint special term for hearing the Objec-
lions, aud, ON demand OF any person or corpora
tlon assessed for benefits or awarded damages. may
frame an issue IN said matter and impanel a Jury
aud take the the verdict of Jury upOu the trial of
such ISSUE whether the amount of damages award
ed 10y the commissioners is adequate and whether
the assessments of benefits made by the report,
To amy remonstrant, demanding the review 10y
jury Is too high, and the jury may the same.
All other issues arising on circumstances shah be
tried 10y the court. If the court nnds from a hear
ing duly had. that the report requires mndihca.
ton, the same may referred TO the commission
ers VINO mho may be required 10 modify the
report in any respect. In any cRse between the
commissioners and any remonstrant the court may
award aud apporton the costs the justice OF the
case may demand, aud costs awarded against the
commissioners shall be paid ont of the fund
realized from the assessment made the finding
of the court be in favor Of the validity of the pro-
cecdings, the court, after the report shall have
been modified to conform TO the findings. or IL
there De no remonstiauce, the court shall con-
nrm the same, and the order oi conhrmHt ion shall
ce inal and conclusive, aud the proposed work be
established and authorized. ana the proposed
assessments approved, subject Co the right of ap-
peal to the supreme court, as IN other actions.
And. upon the entering of such order of confirm
ton Of record, said district is hereby declared by
law tn be organized as drainage district by tho
name mentioned in said petition, and with the
boundaries fixed by the order confirming tho
report of said commissioners And said district is
hereby declared To be a body corporate by the
name mentioned in said petition as aforesaid, with
thc right 60 sue and TO be sued To adopt and use
cor }orate seal and to have perpetual succession;
ana the commissioners appointed as aforesaid and
their successors in office shall, from the entry of
such order of confirmation, constitute the corpor-
ate authorities of such drainage district and shall
exercise the functions conferred upon them by
law, aud shall do all things and perform all
acts necessary TO the construction and preservation
of the proposed work; and all proceedings had
prior 60 the entry of sueh order of confirmation,
necessary To the formation of said body corporate
Section IS. AZ the time of confirming such
assessment, II shall be competent for the court tn
order the assessments Of benefits 60 be paid in In
stallments Of such amounts aud at such times
Will be convenient for the nccomp lshment Of the
proposed work; otherwise the whole amount of
such assessment shall DO payable Immediately upon
such confirmation. and shall be n lion upon the
lands until paid. In eases where a ditch has been
heretofore built under any law of this state OF
may hereafter be built under the provisions OF
this act the annual amounts Of benefits for keeping
the same in repair shall be due and payable on the
first day Of September, annually. The commits
sioners having charge Of any such completed drain,
SHAH on the FIRST Tuesday in July, m each year. le
with the clerk of the court having jurisdiction Of
the matter, report In which they shall specify and
set forth IN detail the work necessary TO the pres
ervatlon aud protection OF the work under their
control and the amount Of benefits 10 be assessed
80 each tract lot, easement, scrvitude or corpora
ton. In cases where the ditch other work Is con-
strueted under this act, no notice OF such report
shall be necessary; but ia all cases notice shall be
given as set forth In section ~ of this act In casea
whefe the work Is constructed under the proyis-
ions OF this act, aud In all other casesafer the
hrmaion Of the irst report assessing benefits, all
assessments thereafter made shall be propoFtioned
on the hrst assessment Upon the filing of such
annual report the court shall, in all cases except
ffra ut tod
this act. examine the same aud fix and determine
upon the amounts Of such benefits and cause such
adjudication to be entered ON record In said court
and certified copy Of the same TO be delivered To
said commissioners. The amount TO be collected
under the order Of said court for the preservation
and maintenance OF any work, as aforesaid, shall
not In the aggregate, amount In any one year to
sum greater than would be produced by levy Of
thirty cents per acre on the lands benefited. In
all cases after assessments are confirmed by the
court, tue commissioners shall give notice OF the
amount Of such assessments ANA of the time when
and the place or places where the same must be
paid II assessments are not paid when due, the
commissioners shan certify the same TO the town
clerk OF the town ia which the delinquent lands are
situated, due and unpaid for such work, and the
town clerk shall enter the IN the tax list for
such town next thereafter to be lnadu against the
lands benefited, and the same shan be collected
IN the same manner that state, comfy and town
taxes Hre collected excepting only that the person
al property Of individuals shall not be liable 70
seizure aud sale therefor
Section IL. immediately after the entry Of any
continuation of assessment by the court, the clerk
thereof shall make out and certify the register
Of deeds IN each county IN which lands are nssessed
true copy of so much Of said order rs sets forth
the assessed lands within said county aud the said
register Of deeds shall thereupon enter such order
Of record and the same shall bc notice of the lien
Of said assessments 70 all persons
Section II. In case the assessments of benefits
shall be payable in iustallments, each such in
stallment shall draw interest at the rate of six
per cent per annun, from the time they shall
become payable until paid, and such interest
shall be collected and enforced part OF the
assessment
Section IL. The commissioners when qualified
in pursuance Of this act, may do any and all acts
that may be necessary in and about the surveying
laying out. constructing, repairing, altering, en-
arging, cleaning, protecting, and maintaining any
drain, ditch, ievee other work for which they
shall have been appointed, including ali necessary
bridges, crossings, embankment3, projections,
dams and lateral drains, clearing ont aud removing
Of distractions from natural artidciai channels
streams within beyond the limits of the draiu-
age district, procuring, purchasing or eondemnng,
under proceedings similar to the proceedings had
on the award pf damages hereu lder, riparian
right-, rights Of fowage and water powers, and
may any moneys in their hands, arising from
assessments, for that purpose.
Section -. In all cases where the work to be
done At any one time. under the direction of the
commissioners shall Ia their opinion cost TO exceed
L. HaH g HNH Aa g.