The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1909-07-29

within a drainage district proposed to be
organized under said chapter 419 of the
laws of 1905, has no general guardian, and
his or her next OF kin do not reside in Wis
consn any person Interested in the organ1-
cation of said proposed drainage district
may file a petition in the court having juris--
diction of the appointment of general
guardian of such minor or incompetent per-
son asking for the appointment of such
general guardian, and said court may in it's
discretion appoint such general guardian.
3. All lands and interest in lands in said
proposed district owned by such minor or
incompetent persons. whose guardian or
next Of kin signs said petition under the
authority herein granted, shall be counted
in determining whether sufficient land own
ers have signed said petition, the same as
if such minors or incompetent persons had
been adult and s1do competent. pofors er+orinv
upon their duties such commissioners shall
take and subscribe an oath to support the
constitution of the United States and the
constitution Of the state of Wisconsin: TO
faithfully and impartially discharge their
duties as such commissioners and to render
true account of their doings to the court
by Which they are appointed rer W enc
and shall execute a bond running to the
clerk of said court and his successors In
Office as obligees, to be filed with said clerk
for the benefit of the parties interested IN
an amount to be fixed by the court or pre-
siding judge, and with sureties to be ap-
proved by the court or presiding judge, con-
duties as such commissioners and the faith
full accounting for and application of all
moneys which shall come into their hands
as such commissioners. A majority shall
constitute a quorum and concurrence or
q majority In any matter within their
duties shall be sufficient to it's determine
ton.
2 The commissioners first appointed shall
hold their Office until the first Tuesday in
the second succeeding July following the
date of the order organizing such district
xt,rtY to
qualified. All commissioners appointed
after the first board, excepting those APP
pointed to fill vacancies, shall hold their
respective offices for the term OF two years
and until their respective successors are
s. Appointments to fill expired terms in
made By the presiding judge of the circuit
court Of the county having Jurisdiction Of
the drainage district at the court house
therein on the first Tuesday Of July EN- IN
4. Vacancies in the board may be. filled
BY such Judge at time the a fSe
unexpired term. The removal Of any COM
missioner from. the county. or counties III
which lands of such district are situated
shall render his office vacant.
5. The commissioners shall keep an ac-
curate record of all moneys collected on &C
count of the work under their charge and
shall take Vouchers for such payments and
shall keep full. accurate and true minutes
of all their proceedings.
they shall file in the office of the clerk of
the court having jurisdiction Of the matter
an itemized statement of all their receipts
and disbuFsemeats ana oeaTe sa aT re rfe
interested at all times.
Z. They shall receive for their services
three dollars and fifty cents per day and
al a under
control and direction of the court or pre-
siding judge and shall obey its or his oil,
rections; for failure so to do they shall shall
forfeit their compensation and be dealt with
sumarily as for contempt.
0. Suit may also be brought upon their
bonds in the name of the clerk of the court,
and the amount recovered shall be applied
to the construction of the work or to the
party injured as Justice may require
10. If the petition provided for in section
1871 contains detailed description OF
the proposed work, and a detailed descrip-
ton of the extent of the prposed district,
and is accompanied by exhibits showing
and benefits of the proposed work, and
prays that the commissioners appointed be
ordered by the court to omit the prellmi-
nary report in section 1876 provided,
and to proceed directly with the preparation
of the report, in section 1379-1S provided,
and if the court is convinced by evidences
at hand that the omission OF SAID prehm11,,
nary report is justifable. said court shall
SO order. The court shall allow the leglti-
mate expenses incurred In the preparation
of the report
after said commissioners shall be appointed
and qualified they shall meet and organize
by electing one OF their number secretary,
and as soon as may be Thereafter, except as
hereinbefore provided, they shall personally
examine the lands in said district and make
a preliminary report to the court, which re-
port shall state:
- a. Whether said proposed work is me-
cessary, or would be Of utility in carrying
out the purposes of the petition.
(2) Whether the proposed work would
promote the public health.
t3) Whether the proposed work would
promote the public welfare
a. Whether the total benefits from said
proposed work will exceed the cost thereof
together with the damages resulting there
from; and in arriving at this they shall IN
clude all benefits and all damages resulting
therefrom, both within and without said
Is Said commissioners shall, in said re-
the court, the boundaries of said proposed
drainage district. Said boundaries shall
not be so changed from those IN the petl.
ton described as to deprive the court OF
Jurisdiction by reason of not having on
the petition the required number of s-gners
owning land within said changed bounda-
ries.
2. Any adult persons owning land within
the district proposed by the original petit
ton, or within the district as changed or
enlarged by. either the first or the second
report of the commissioners, may, at any
time. file In court a request to be Joined ais
petitioners. and the court may, by order,
permit such persons to be joined as petit
had signed the original petition and there
after such owners, so brought in, shall be
counted as original petitioners for all pur-
poses. The original petition and any other
petition fled may be signed by the owner
or by any agent authorized in writing to
sign said owners name.
3. If said proposed work, rs in the peti-
ih11 &c mot haof lad 70
out the purposes of the petition, the COM
missioners shall consider and base their re.
port upon the one best suited to carry out
those purposes, and propose to the court the
one by them considered.
Section 2. This act shall take effect and
be in force from and after It's passage and
publication:
Approved June IS, 1909.