The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-07-15

within a drainage district proposed tc 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
consin any person interested In the organi-
cation of said proposed drainage district
may file petition IN the court having juris-
diction Of the appointment of a general
guardian Of such minor or incompetent per-
general guardian and said court may In Its
discretion appoint such general guardian
5. All lands and interest In lands in said
proposed district owned by such minor or
next of kin signs said petition under the
authority herein granted. shall be counted
In determining whether sufficient land OWL
ers have signed said petition, the same as
If such minors or incompetent persons had
been adult and competent
Section 1S79--15. I. Before entering
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 inpartislly discharge their
duties as such commissioners and to render
a tl%qe account of their doings TO the court
by which they are appointed whenever re-
CURED by law or the order of the court,
and shall execute 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 thu, parties interested In
an amount to be fixed by the court or pre-
siding Judge, and with sureties to be ap-
ditioued for the faithful discharge of their
duties as such commissioners and the faith
full accounting for and application of all
moneys which shall come into their hands
as such commissioners majority shall
constitute a quorum and a concurrence Of
O. majority In any matter within their
duties shall be sufficient to sts determine
ton.
g. The commissioners first appointed shall
hold their office until the 1rst Tuesday in
the second succeeding July following the
date Of the order organizing such district
qualified. Ali commissioners appointed
after the drst board, sxcspting those ap-
pointed to All vacancies, shall hold their
respective Offices fer the term OF two years
and until THAR resYesttvs successors are
s Appointments TO all expired terms in
the Office Of drainage commissioners shall be
o %sas 81 e. p sns sar a' m as rsu i
therein or the nrst Tuesday Of yniy In
each succeeding gear or a. sonn thereafter
as possible.
4 Vacancies In the board may be filled
by such Judge nj any time, the commission
ers appointed to hold for the residue Of the
unexptred term. The removal Of any COM
missioner from the county or counties In
which lands Of such district sre situared
shall render his office vacant.
s. The mssieners shall keep an &C.
curate record of all moneys collected on ac-
count OF the work under their charge and
Of all payments made by them, end
shall take vouchers for such payments and
shall keep full, accurate and true minutes
Of all their proceedings,
6. On the first Tuesday Of July each year
they shall file in the office OF the clerk Of
the court having Jurisdiction Of the matter
and disbursements, and leave said report
In such office for examination by parties
Interested at all times.
Z. They shall receive for their services
three dollars and fifty cents per day and
g. They shall at all times be under the
control aud direction Of the court or pre-
siding judge, and shall obey Its or his di-
forfeit their compensation and be dealt with
sumarily as for contempt
8. Suit may also be brought upon their
bonds. in the name of the CLERK Of the court,
to the construction OF the work or to the
party injured, as Justice may require.
10 If the petition provided for In section
1379-~11 contains detailed description Of
the proposed work. and detailed descrip-
ton of the extent of the proposed district,
and Is accompanied by exhibits showing
profles and maps and the estimated cost
and benefits OF the proposed work, and
ordered by the court to omit the prellml-
nary report In section 13T9--16 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 prelimi-
nary report is jUstifable, said court shall
SO order. The court shall allow the legiti-
mate expenses incurred in the preparation
Of the report.
Section 1379--16 l. Within ten days
after said commissioners shall be appointed
and qualified they shall meet and organize
by electiag 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
prnI i1rir nrx n a ru-
port shall state:
"a Whether said proposed work is ne
cessary. or would be OF utility In carrying
out the purposes Of the petition.
(2) Whether the proposed work would
promote the public health.
49, Whether the proposed work would
promote the public welfare.
az 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
cude all benefits and all damages resulting
therefrom, both within and without said
district.
60 Said commissioners shall. in said re-
port, fix as near as. may be and report to
the court, the boundaries Of said proposed
drainage district. Said boundaries shall
not be so changed from those In the petit
ton described as to deprive the court OF
Jurisdiction by reason of not having on
the petition the required number OF signers
owning land within said changed bounda-
ries.
z. ANY adult persons owning lanQ 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 as
petitioners, and the court may, by order,
permit such persons to be Joined as petit
TONERS with iike force and effect rs If they
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 filed may be signed by the owner
Or by any agent authorized In writing to
sign said owners name.
3. II said proposed work. as In the petit.
ton described, Is not best suited to carry
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 q This act shall take effect and
be In force from and after Its passage and
publication.
Approved June Is. 1909.
No. 1913, ST. Published June 1S 1909
CHAPTER 435, LAWS OF 1909.
IN amend srhanctiau 9 NJ Son+tau