Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1901-06-06


ST. costs" So that said section when SO
amended, shall read as follows: Section 1879
Is. The circuit court in which such petit
ton snail be hiCd may grant II hearing
thereon ut any general or special term, ana
adjourn the hearing from time to time or
continue the ruSc for want of sufficient no
1icr or for other good cause. At the hearing
ON any such petition all parties through or
upon whose lands any of the proposed work
may be constructed or whose lands may be
damaged or benefited thereby may appear
and contest the necessity or uttlIty ct SuCh
work or amy part thereof, and the contest
ants ana petitioners may offer any compc-
tent evidence III regard thereto. The court
shalt hear aud determine whether or not
tn" petition runtHinS the sigma turCS OF mat
jurity Of the owners of lands within said
proposed district who are of lawful age, and
who represent one. third in area of tn" lands
proposed to hC affected Ivy said work, or the
signatures Of the owners of more than one
haIr OF such lands; and the affidavit of any
three or more Of the signcrs of said pcti-
ttou that they have examined II and are
acquainted with the locality OF said dlSs
trct and that said petition is so signed
may h" taken by the court ~ prtma facie
evidence of tur facts therein stated; and
the oath or affidavit Of any person before
such court. giving tn" nEc OF Such party,
and his or her ownership of such lands,
to be named therein 10y proper description.
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, and not made
in good faith and for n valuable consider
alton shall be taken and held to be II fraud,
and the holders thereof shall not be con
Nidrrod MS the owners of til" land de
aoribcd therein. II the court after hearing
any aud all competent evidence that may
he, offered for and against the said petition,
shall Gnd that the same has not been signed
u& herein required the said petition shall
be dismissed ut the cost Of the petitioners;
and Judgment shall he entered against said
petitioners for the amount of said costs: but
If Il shall appear that the petition has been
So Signed tn" court shall so ind, and If 1T
shall further appear that the proposed
drain. ditch. lrVcr or other work is ncceS
sary, or will be useful for the drainage of
the lands proposed to be drained thereby,
Rud the public health or welfare Will be
promoted by tn" construction thereof the
court Shull 80 find, aud shall appoint three
competent persons as commissioners to lay
out and CunEtr uct such proposed work. In
ease the land to he affected shall be stu
Rl"d in different counties not more than
two Of the commissioners shall be selected
from any one of such counties. If the court
shall ind against tn" petitioners the petit
tjous shall ho dismissed and the petitioners
shall pay the costs.
section .. Section 1379-lS of the revised
statutes of 1898 Is hereby amended by add
ing after the word made In line thirty
nine of said section the following; III the
finding be against the validity of the pro
CccdiugH the same shall be dismissed at the
cost of the petitioners and by adding ut
the end of said section the following THE
or amy subsequent term of the said court,
ho revised. modified or changed, In whole or
in part. on petition of the commissioners
after HurN notice rs tn" court may require
to parties adversely Interested. The court
may alto permit the commissioners to pre-
sout and file Il supplemental report hS TO
amy matters which, pursuant to the proNiS-
IONS of section 1879 10 might have been i'll
cDudrd In th" original report presented by
tuvm, and after reasonable notice given to
parties adversely Interested in such manner
as the court shall direct, the court may,
upon the hearing in the matter make such
order as the cu&" may require. So that
said section, when SO amended, shall read
sS follows: Section l3i9-lS. Upon the filing
Of such report tn" court shall make and en-
ter an order fixing tim" and place when
and where all persons Interested may APP
pear and contest the confirmation thereof,
ana tine clerk Of said court shall cause no.
tiCc of the time and place of such hearing
to he given to all parties Interested by the
publication of notice thereof and Of the
amount of benefits and damages assessed
and awarded in said report, which notice
shall contain description of all lands nf.
fcctcd, for at least three successive weeks
prior to the day set for such hearing In one
or more newspapers published III said coun-
~, and by serving copy of such notice on
each of the persons or corpora Ions affected
thereby who reside in any of the counties
out Of which the proposed district Is
formed nj least twenty days before the day
of hearing, In The same manner that II sum
mons is required to be served by the pro
visions of sections 26}G and 1887 of the stat
uirS of Wisconsin for 1893. Any owner of
hands or any person or corporation affected
by the work proposed may appear on the
day set Tor hearing said report and rcmon-
Strutr against the whole or any part of the
proposed work Such rcmonStranCe shall be
verified Ivy affidavit and shall set forth the
objections of the atliaut, whether they go to
the jurisdiction of the commissioners or the
court or not or whether they rest any
other fact, as that some lands are assessed
too high or too low or improperly, or that