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

meet at the time and place fixed in such
notice and upon being satisfied by affi-
davit or other proofs that the notice re-
Quired in the preceding section has been
duly given, shall proceed to examine the
location where 1T is proposed to construct
such drain, ditch or enlargement OF wa
tercourse, and shall hear any reasons
that may be offered for or against the
laying out and construction thereof, and
shall decide upon the application; but
they may in their discretion adjourn such
meeting from time to time, not exceed
ing in all twenty days after the day OF
hearing fixed in such notice. giving pubic
notice CT each such adjournment at the
time of making the same.
Section 1862. Ii the supervisors shall
find that the proposed work will promote
the public health or Will promote me
public welfare and that the benefits
thereof win exceed the damages and costs
of construction they shall within ten days
after the final hearing by written order
grant the petition or a modification there
OF, and they shall award just damage TO
each piece OF land damaged by the pro-
posed work. and the town clerk shall
place said order on file in his office with
the original petition and record the same
AS soon as may be thereafter the super
visors shall let the contract for the con-
struction Of the proposed work, in such
manner as to them shall seem most eX-
pedient. The cost of the preparation OF
the petition, necessary orders ana the
awards for damages shall be Included In
the total cost of construction.
Section 1863. In case any public high
way in the town will be benefited by the
proposed drainage the supervisors Snali
determine and assess the amount Of SUCH
benefits against the town, which amount
shall be paid by the said town. The su-
pervisors shall then assess such Dement'S
against the benefited lands as In their
opinion such lands will receive from such
constructed ditch drain or Watercourse,
whether such land shall be touched by
said ditch, drain OF Watercourse, or not.
The remainder of such total cost Of con-
struction as shall not be assessed against
said town shall, by order, be assessed
and apportioned against the benefited
lands in proportion to the benefits as
sessed and such order of assessment
shall be filed and recorded by the town
clerk in his office. Said assessments
shall be made within ten days after the
contract is let, if not heretofore made,
but failure to make such assessments
within that time shall not deprive the
supervisors of power to make such as
sessments.
Section 1864. AS soon as the contract
is let for the construction of said drain
and the assessments for constructions are
made, said assessments for the construc-
ton against the several tracts of
land shall fall due and be paid
to the town treasurer, who shall
to the credit Of said drainage and
pay the same on the order Of the super
vis0rs to defray the legitimate expenses
of said drainage. Such portion of the
money collected for that purpose as shall
remain in the treasury after all expenses
have been paid, shall be kept as separ-
ate fund for the maintenance of said
drain.
Section 1866. Whenever it shall appear
to the supervisors of a town in which
drain has been constructed under the pro-
visions Of this act that said drain should
be cleaned and repaired, or whenever the
expenses of an appeal TO or other action
in the courts shall make il necessary to
raise money to defray said additional
costs or expenses, the board of super
Vis0rs shall levy an additional assess
ment upon the several tracts Of benefited
land for said purpose on the basis of the
previous assessment of benefits All I'M
paid assessments for construction shall
be a lien against the property assessed
and shall be treated and collected, SO far
as may be- as delinquent taxes. The
treasurer Of the town when he collects or
returns such assessments shall collect or
return in addition interest on said assess
ments from the date Of said assessment at
the rate Of six per cent per annum.
Section 1866, In case at any time while
such proceeding is pending before the
supervisors, they find th9t any landowner
entitled TO notice has not been notified,
they may adjourn the hearing on the pc
titiOn for sufficient length of time to give
such notice. If after the order laying
out such drain or drains is made it is
found that any landowner entitled to no.
tice has not been given notice, they may
notify such landowner that, at a time
and place in said notice fixed, said super
VisOTs will meet and hear any objection
that he may have to said order. At the
time and place fixed, or an adjournment
thereof duly made, they shall meet, con-
slider any objection that such landowner
may present and either reaffirm their
former order Or make such modification
OF said order as justice may require. The
same appeal from said order may be taken
by such landowner as might have been
taken from the original order. The SUI
perVisoTs may, upon ten days notice to all
landowners within said proposed drainage
area who reside in their town, amend
their proceedings to conform with the
facts and the law. Failure Of the town
clerk 10 record said orders or any Of
them shall not render said order or pro-
ceeding void, but said clerk snail at
once record any unrecorded order or or
ders.
Section 1861 Any landowner aggrieved
by any order OF supervisors laying out
any ditch or drain or any order awarding
damages or assessing benefits therefor
may within twenty days serve upon the
supervisors G. notice that he appeals there
from TO the county court OF the county,
Within five Gays thereafter he shall file
with the county judge a certified copy
OF the entire proceeding leading up to
such order. When such proceedings Cor
such amended proceedings so certified
have been filed, the appellant shall pay
to the county judge three dollars, where
upon such county judge snail make an Or
der fixing time and place when and
where he will appoint three competent,
dlSinterested persons commissioners to
review the order appealed from. Said
time Of hearing shall not be less than five
nor more than fifteen days after the fill
ing OF such proceedings or amended pro-
Ccedings. Said order shall be served by
appellant upon all If said supervisors and
petitioners who can be found in the
county at least five days before the time
fixed for appointing such commissioners.
Upon the day fixed, upon proper proof
that said notice has been so served, the
county judge shall appoint three good,
competent, disinterested persons commits
siOners to review the order appealed from
and shall fix time and place when and
where such commissioners will meet and
look over the proposed drainage hear all
persons who desire to be heard and shall
decide upon such order either affirming
the order appealed from or so modifying it
as to make it just and right, and shall re-
turn their decision to the county judge,
who shall transmit the same to the town
clerk Of said town. The county judge
may adjourn the hearing on the appoint
meEt of such commissioners not to ex-
coed one week, making public proclama-
ton thereof. Said commissioners may ad-
1OurO thair RING not pyH1odipcy O7o6