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


pursuant to section 1379--14 be against
the validity of the proceedings, the same,
unless the defect be cured, shall be dis
missed as to such parties at the cost OF
entered for costs in favor of such new
parties II there be no remonstrance, or
if the finding be in favor Of the validity
OF the proceedings or after the report
shall have been modified to conform to
the findings, the court shall confirm the
report and the order OF confirmation shall
be final and conclusive. the proposed work
shall be established and authorized.
the proposed assessments ap-
proved and confirmed. unless within
thirty days an appeal be taken to the SUI
preme court. II 1t appears to the
court that for any reason the bonds OF
said order Of confirmation shall so order
Said order Of confirmation may, at the
| Same or at any subsequent term Of said
court. be revised. modified or changed.
| commissioners. after such notice as the
| court may require, to parties adversely
| interested. At any time prior to making
the order confirming said report or there
| sioners to present and file q supplemental
| report. or amend their report, as to any
matter which. pursuant to the provisions
hereof was or might have been included
in the original report presented by them.
| and after reasonable notice given to all
parties interested, in such manner as the
court shall direct, the court may, upon
the hearing in said matter make such or
der as the case may require.
Section lS79--2Om. l. Whenever, after
! the filing Of the = report OF the
| commissioners, all circumstances or OBJ
! Jections remaining undetermined shall re-
| late to the inclusion or exclusion OF GER
| tain lands, the construction or omission
OF any lateral the determination Of the
amount of the assessment Of benefits
! against or the award of damages to any
lands or corporations, or to any other
! question, the determination Of which does
not so to the validity of the proceedings
as a whole or to the feasibility or practi-
! cability of the general plan OF drainage
| the court may, in its discretion, and up
on the application Of the commissioners
| enter an order confirming the assessment
of benefits against and the award of dam
ages in favor of all lands and corpora
| lions as to which no remonstrance has
| been filed, or If a remonStrance has been
! filed and such remonstrance has been
| Withdrawn or has been heard and deter
| mined and no appeal taken therefrom.
| and directing and empowering the COM
| missioners to proceed with the work Of
! construction and do any and all things
necessary in connection Herewith in the
| same manner as the drainage statutes
| provide they should do when the
| report has been finally confirmed.
z. So soon as any OBJECTION or remon-
! STRANGE which was undetermined at the
| time Of the entry of the order provided
| for by this section, shall have been finally
! determined, the court shall confirm such
| determination as to those lands or corpo-
| rationS with reference to which such OBJ
| lection or remonStrance was
| filed.
8. But the order provided for In this
| section shall not be entered until the
| court shall be satisfied that the plan of
| drainage provided for in the re-
| port of the commissioners, including any
amendment thereto, is valid. practicable,
| 9Th dol
| change, and that the "cost of construc-
| ton" of the work necessary under such
order will not exceed the assessment Of
| benefits against those lands and corpor-
! atoms whose assessments Of benefits and
awards of damages are sought to be con-
| frmed by such order.
| a. The intent of this section is to give
to the court such power that it may, In
! it's discretion. hasten the construction and
completion Of the work proposed and pre-
vent delay
| s. This section shall be retroactive and
| shall apply to all drainage districts In
j which such orders have been heretofore
made by the court.
Section 1921 In case the petition
or proceedings are dismissed as provided
in sections 1874 y = or 1879
31f, a judgment shall be entered against
the petitioners and in favor of the con-
| testants or commissioners for the costs.
expenses and liabilities incurred in said
proceedings, but for the benefit of those
| VINO nave rendered SERVICES OF duNdllCSu
money in the prosecution of said pro-
ceedings or have recovered costs on sue
| cessful contests therein. Before any such
| judgment is entered, said contestants or
commissioners shall file with the clerk OF
! the circuit court in which said proceed
| ingS were instituted an itemized state
ment of such costs and expenses, duly
| verified upon which an order shall issue
requiring said petitioners to show cause
| before said court, at q time and place
named, why judgment should not be en-
| tered against said petitioners for the
amount of said costs and expenses. No
J tice of the hearing on said order to show
cause shall be given to SAID petitioners.
| by mailing to each copy thereof, to their
! last known post office address, at least
| twenty days prior TO the time set for
hearing, and by publication of the same
! in one or more newspapers published In
the county where the proceedings are
pending at least three successive weeks
! prior to the day set for such hearing
Said notice need not contain an itemiZed
statement of said account, but shall refer
to said account on file. All petitioners
shall among themselves, contribute 10 the
payment of said Judgment in proportion
| to the number Of acres or land they
~ had within the boundaries of the
proposed district at the time Of fling of
! said petition.
(Section 1379-30) 1. If in the first as
! sessment for construction the commits
| sioners shall have reported to the court
/
the work of construction or If In any yeag
an additional sum is necessary to pay the
principal or interest on lawful indebted
ness of said drainage district, further or
additional assessments on the lands ana
corporations benefited. proportional on
the s. sum of all the assessments Of
benefits which have been APP
proved by the court. shall be made by
J the commissioners of said drainage dis
trict under the order of the court Or pre-
siding judge thereof, notice Of hearing OF
the application for such additional as
sessments having been given as provided
by subsection 3 of section 1379-30b.
which further or additional assessment
may be made payable in instruments as
specified in section 1379-22 of the stat
| utes. and shall be treated and collected In
the same manner as the original assess
ments for construction confirmed by the
court in said drainage district
g But no further or additional assess
ments, except assessments for
benefits rendered by another drainage
district for the payment of money judg-
ment or for expenses of annual mainte-
nance or for the payment of principal or
! interest on valid obligations Of said dis
trict when there are not sufficient funds
in the district treasury available to pay
the same, shall be made, in excess OF
twenty-five per cent of the last confirmed
assessment of benefits, except upon peti-
ton of such number of owners or