Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-22

the mayor shall, within five days, call to-
gether the aldermen of said city and to-
gether they shall appoint committee OF
three suitable, competent persons who
shall be sworn to honestly faithfully and
impartially discharge their duties and
shall thereafter have all of the powers,
perform all OF the duties and be subject
to all of the obligations given to and inn
posed upon supervisors by sections 1893
to 1867, inclusive, of this chapter.
Section 1367b. If the lands that the APP
plicants desire to have Grained are with
in an Incorporated village such applca-
ton shall be made to the president and
trustees of said village and shall be filed
VITA the village clerk. Upon the filing Of
such application the president shall,
within five days, call together SAID trus-
tees and together they shall appoint a
committee of three suitable, competent
persons who shall be sworn to honestly
and impartially discharge their duties
and they shall thereafter have all Of the
powers, perform all of the duties and be
subject to all of the obligations given TO
and imposed upon supervisors by sec
tons 1859 to 1867, inclusive, of this chap
ter.
Section 1876 l. If the lands to be
drained lie partly within two towns or
partly within a town and partly Within a
city or incorporated village, or partly
within one city and partly within another
city, Or partly within a city and partly
within an incorporated village, or partly
within another such village the applica-
ton shall be made in duplicate and one
duplicate copy thereof shall be filed with
each of the clerks of the towns. cities and
villages in which are said lands.
2. The mayor and aldermen OF said city
and the president and trustees of said
village shall meet separately and each
said body shall appoint a separate COM
mittee of three suitable, competent per-
sons which committees shall be sworn as
provided in section 1857 of this chapter,
and said supervisors and committee or
said committees acting jointly as single
drainage board shall have all of the pow
ers and be subject to all of the obligations
and perform all of the duties of town
supervisors given and imposed by sec
tons 1859 to 1867, inclusive, of this chap
ter
Section 1850. A majority of any body,
committee or board required by sections
1859 to 1860, inclusive, of this chapter or
any one of said sections to perform any
act shall constitute a quorum and shall
have full power to perform any act therein
required or duty therein imposed upon
such body.
Section 1859. The same appeal to the
same court may be taken from the orders,
determinations, assessments and awards
of said mayor and aldermen of any city,
president and trustees of any village,
committee or drainage board as is provid-
ed by section 1867 of this chapter, and
in case said area proposed TO be drained
lies IN TWO counties the county court W
which said appeal is first taken shall
have and retain jurisdiction of all APP
peals in said matter provided for in Sec
ton 1857 Of this chapter.
Section 1861 Sections 1859 to 1867, In
elusive of this chapter shall apply to
drainage partly within any of the corpo-
rations or quasi corporations in section
1860 referred to with the same force and
effect as they apply to drainage within
one town.
Section 1863. Cities and villages shall
be assessed for and shall pay for benefits
to their public highways the same as
towns. And city and village clerks and
treasurers shall perform the duties by
treasurers.
Section 18Th. If any officer or body
fails or refuses to perform an act or acts
required Of them, within the time specl-
fed in sections 1859 to 1860, inclusive,
of this chapter, the facts being brought
before the circuit court Of the county or
the presiding judge thereof, said court or
judge shall order the said officer or body
to show cause why he or they should not
perform such acts or act and said officer
or body shall by order of the court Gun
less good cause to the contrary be ShOWn)
be required to perform the said act Or
acts. Failure to perform any act within
specified time shall not divest any officer
or body of jurisdiction to perform such
acts or act.
Section 1851 In case the owners of a
majority of the assessed lands so desire
the supervisors, committee or drainage
board III charge of a drainage under sec
tons 1859 to 1867 of this chapter may
borrow money to pay the cost of cOnstruc-
ton of said drainage, said money to be
paid in three equal annual instruments,
and may issue drainage securities bearing
interest at not exceeding six per cent per
annum payable annually. In that event,
one third OF the assessments shall be-
come due each year instead of at once.
Said drainage securities shall be a lien
on said assessments and the money paid
thereon and said assessments shall bear
six per cent interest from their date, to
be added to the tax roll and collected each
year with the taxes against the assessed
lands and corporations. Any assessment
may be paid in full at any time before
such drainage securities are sold.
Section 1367k. Whenever upon an ap-
peal from the order Of a town board to
the county court, or upon any action in
circuit court to restrain Or set aside the
proceedings, or any part thereof in
drainage matter prosecuted under the
provisions of sections 1852 to 1857 in
elusive, Of the statutes an error is dis
covered in any of the proceedings prior
to said appeal or action, said court shall
exercise equitable jurisdiction therein and
correct and cure said error or errors by
order and thenceforth progress shall be
made in evey respect as if there had been
no error in the original proceedings.
Section 1868. Whenever one or more
landowners desire drainage of undrained
lands under any of the public drainage
laws of Wisconsin, he or they may apply
to the county Or circuit court of the
county wherein said lands or any part
thereof may lie for a permit to the APP
plicant or applicants and his or their EN-.
ployers to go upon such undrained lands
and take the levels and make the OBJ
servations and surveys necessary to de-
termine whether said drainage is prac-
ticable and the extent thereof Said court
shall issue such permit, which permit shall
authorize the persons therein named and
their necessary employees to go upon the
lands sought to be included in such
drainage scheme and to take all necessary
! levels and make all necessary surveys and
observations thereon, such permitted per-
son and his employees to do no unneces-
sary damage thereon.
The permitted persons and their neces-
sary employees shall not be guilty of
trespass by doing upon said lands all
work necessary to the taking of such
levels and the making of such surveys
! and obSerVa tiOns.
Any person to whom such permit is
shown who shall thereafter interfere with
the taking of such levels and the making
of such surveys and observations or shall
threaten to interfere with or prevent the
same shall be guilty of a msdemeanor
and upon conviction thereof shall be fined
therefor not less than five dollars or more
than one hundred dollars and cost of suit