The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-07-15
No AL ST. Published June 4. 1909
CHAPTER go, LAWS OF 1909.

S.I 4.
CHAPTER 27O, LAWS OF 1909.
AN Act to create sections 1379-3oa to
1379-3Oc. inclusive. Of the statutes. re-
lating to the district drainage laws Of
Wisconsin.
The people of the State Of Wisconsin. renra
sented in Senate and Assembly, do enact
as follows
Section L There are added to the stat
utes five new sections to read: Section
1379-3Oa Whenever the commissioners
of any dra:nage district now existing in
process of organization or hereafter organ
lied under the laws OF Wisconsin. are petit
toned by the owners of one tenth of the
lands in their district to enlarge existing
drains or lay out and construct new drains
in said district, or whenever said commits
sioners shall become OF the opinion that the
plan and scheme of drainage of the drain
age district of which they are commission
ers are or will be insufficient to effect a
thorough drainage Of said district or any
portion thereof for the purposes in section
(1379-11) 1 of chapter 419, laws of 1905.
Of Wisconsin set forth. and that additional
bitches are required. or that bitches already
laid out should be enlarged to effect such
drainage they shall cause sufficient add-
ti0nal bitches to complete such drainage of
said district to be located and plans and
specifications thereof complying with sec
ton 1379-1S of the statutes TO be made
or shall cause like plans and specifications
of such enlargements to be made. and shall
estimate the cost of construction thereof as
provided in paragraph of said section
ditiona bridges that said district must
build, and shall apportion and assess such
cost of construction upon the several bene-
fitted parcels of lands and easements in said
district and benefited corporations. as pro-
vided in paragraph 5 of section 1908
OF the statutes.
They shall also determine the damages
that will be caused by such new bitches
or engagements Of bitches, and shall award
to each damaged piece or parcel of land and
easement in said district the said damage
caused to it by such new bitches or enlarge
ments Said commissioners shall then file
in the court a report and petition, which
report and petition shall. report:
1. That the bitches dug or in the or
der confirming q previous report authorized
to be dug are insufficient to effect thor
ough drainage of said district or of the
part thereof therein specified, the reasons
why they are insufficient, and setting forth
briefly but clearly the facts relative there
q The description Of all lands. ease
ments, and corporations previously assessed
for benefits or awarded damages In said
district.
g. The benefits to said lands, easements,
and corporations previously assessed and
confirmed by the court.
4. All assessments for construction which
have been confirmed by the court against
said benefited lands, easements, and cor
porations.
ready assessed, together with the cost of
construction by them proposed for said new
bitches or engagements will exceed the
benefits already assessed and confirmed by
the court.
g. Said commissioner may assess supple
mental benefits, warranted by the proposed
work, upon the benefited lands easements,
and corporations as the facts warrant.
Items 2, 3, 4. 5, and may be in the form
of q schedule to said petition.
T. Said petition shall pray for the relief
that the facts may Justify. Said petition
and report may by permission Of the court,
be amended to conform to the facts at any
time during the pending thereof or after
order of confirmation.
Section 1379-30b. Said court or Judge
thereof shall. by order. fix time and place
Of hearing on said petition, and report. A
notice of said hearing, stating briefly the
substance and prayer of said petition and
report, and general description of the
proposed work, and signed by the commits
sioners. shall be served upon the parties In
terested:
l. By publishing copy of said notice
once each week for three successive weeks
in newspaper published in each county
where any lands of said drainage district
are situated. '0t,
q BY posting copy of such notice in
five public places in said drainage district.
, 3. BY mailing copy Of said notice to
each owner of lands. or easement located
known to said commissioners or whose post
Office address can by reasonable inquiry be
ascertained, and to the secretary or clerk
Of each corporation affected.
In case of defective service such hearing
shall be adjourned and the defect in said
service cured. Said hearing may be adj
journed from time to time.
Section 1379-30c. No assessment of
supplemental benefits under the provisions
of this act shall change the apportionment
of assessments for construction, previously
confirmed by the court, but so far as this
reassessment Of supplemental benefits is
concerned such previously confirmed assess
ments for construction shall remain liens
upon the same lands and easements and
claims against the same corporations. in the
same amounts as when first assessed and
Section 1s7o-3od. The provisions of
sections 13T9--11 to 1379-32b. except
1379-12 where applicable and not in con-
fict with the provisions of this act shall
apply to the proceedings by this act author
lied.
Section 1379-30e The provisions Of
this act, SO far as applicable, shall apply to
proceedings now pending or hereafter in
stituted under section 1870 of the
statutes by way Of supplemental report or
amendment of the commissioners report.
But any reasonable notice of hearing on
such amended or supplemental report by
the court heretofore ordered. under said sec
ton 1870 of the statutes in such pend
ing proceedings shall be sufficient notice OF
such hearing.
Section g. This act shall take effect and
be in force from and after its passage and
publication.
Approved June 2, 1909.