Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1913-08-29

= Asessse whether the damage sils,rea =.
tI lsinons6Eas Land is inaco1ate essl f9l ss.t
s assessment Of benefits to anv ra1c,,s.r.+
and the ;ns review by Jury, is high CT too low
other iss,,s ss NY award and assess the same All
fbasa assues arising en- any remcns4rance exeent
q benefits and damages shah IL trfr,, - AZ
modsc.tso Is court nnos that the report requires
e.slIed back to the commissioners WIN NAV he -
t sa.a e moeify It in respect In any case he
| co,r+ s..e commissioners and any remonstrant the
/ soule may award and apportion fine eosts tos,s
.sNlusu agalns7 the commissioners s1,oll rct ~
funds is personally but shall be paid out of the
II H. 49,. rom the assessments for construction.
| yo,4sS INNING On renonstrallce of s.eh new
~ ~ Mno nave been brought in since the makine
tic asr puIsuant to section 1379-I4 be against
he validity of the proceedings the same 1ness RE
- oe cured shall be dismissed as to such parties
| ~ me cost Of the petitioners and i,,des
Ment entered for costs In favor Of ch new nsrtses
= .neIe De no remcnstrance, or If the finding he In
rero :, .ne validity Of the proceedings after the
49, ST. sial nave been modified to conform TO the
innings the court shall confirm the renor+ and the
q ecnnrnation shall be final and conclusive
= pesea Werk shall be established and authorized
the Tropcsed assessments approved and con
to the ",anln h.rty days an appeal be taken
court that for The bonds, 81 the commits
% sncid be increased said order Of confirmation
1h :. ofaer Said order of confirmation may at
-. saine or al any subsequent term of said
eolFt DC revised. modified changed In whole or in
par en- petition of the commissioners after such
oiee as the court require to parties adversely
interested At any time pricr to making the order
summing said report thereafter the court may
permit the commissioners to present and file a SUP
picnental report, amend their report as to any
mater which, pursuant to the provisions hereof was
q might have been included in the original report
plcssuea ny them and after reasonable notice given
% All parties interested in such manner as the court
snail olIeet the corr may, upon the hearing in said
hall1r make such order as the case may require
occton 4379-20m. L. Whenever, after the filing
OF ue report Of the commissioners all re-
mcnstrances or objections remaining undetermined
slan rciate to the inclusion exclusion of certain
lands the construction or omission Of any lateral
the determination of the amount Of the OF
pcehts against or the award of damages any lands
or corporations to any other question the deter
mnasion OF which does not go the validity OF the
proceedings as whole or to the feasibility or
practcability of the general plan of drainage the
court may In Its discretion and the application
of the commissioners enter an order confirming the
assessment Of benefits against and the award of
ages IN favor Of all lands and corporations which
no rcmonstranec has been fled, If remonstrance
mas been lcd and such remonstrance has been with
| draWn or has been heard and determined and no
appeal taken thertfrom and directing and empowering
! the commissioners to proceed with the work Of
struction and do and all things necessary in
age statutes provide they should do when the
report has been finally confirmed
2 So soon any objection or remonsrance 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 de-
termination as to those lands corporations with
reference to which such objection remonsrance
- fled.
g. But the order provided for In this section shall
not be entered until the court shall be satisfied that
| the plea Of drainage provided for in the =
report of the commissioners including any amend
ment thereto is valid. practicable. and feasible and
|
OF construction" of the work necessary under such
order will not exceed the Of benefits against
those lands and corporations whose assessments Of
benefits and awards of damages sought to be
confirmed by such order
4. The intent of this section Is to give to the
court such that 1t in its discretion. hasten
the construction and completion Of the work proposed
and prevent delay
s. This section shall be retroactive and shall apply
to all drainage districts In which such orde. have
been heretofore made by the court
Section 1871. In the petition proceed
dtdrniau fdoG tn
1379-3H Judgment shall be entered
against the petitioners in favor Of the contestants
commissioners for the costs expenses and liabilities
incurred in said proceedings, but for the benefit Of
those who have rendered services advanced money
IN the prosecution q said proceedings OF have re-
any such judgment is entered, said contestants or
commissioners shall file with the clerk OF the circuit
court in which said proceedings were Instituted an
iemized statement Of such and expenses. duly
verified. upon which order shall issue requiring
said petitioners to show cause before said court at
time and place named. why judgment should not BE-
entered against said petitioners for the amount Of
said costs and expenses Notice Of the hearing on
said order to show shall be given to said PEI
ttioners by mailing to each thereof to their
last known -o1ce address at least twenty days
prior to the time set for hearing and by publication
| of the In newspapers published in
the county where the proceedings pending at least
three successive weeks prior to the day set for such
hearing Said notice need not contain itemized
statement Of said account. but shall refer to said
selves contribute to the payment Of said judgment
in proportion to the number Of acres Of land they
had within the boundaries Of the proposed
district at the time Of filing Of said petition.
(Section 1379-30) l. II in the first assessment
for construction the commissioners shall have reported
to the court smaller than is needed to complete
the work Of construction or II in year addi-
tonal Is necessary the principal interest
lawful Indebtedness Of said drainage district fur
ther additional assessments the lands and
poratons benefited. proportional on the sum
| OF all the assessments of benefits which have
been approved by the court, shall be made by the
commissioners Of said drainage district under the
order Of the court presiding Judge thereof notice
Of hearing Of the application for such additional as
sessments having been given provided by subsection
| 8 Of section 1379-30b. which further or additional
assessment may be made payable In installments as
| specified in section 1379-22 OF the statutes. and
shall be treated and collected In the
the original assessments for construction confirmed by
the court. in said drainage district
2. But further additional assessments. ex-
cept assessments for benefits rendered by
another drainage district for the payment Of money
| judgment for expenses OF annual maintenance or
for the payment OF principal interest valid OBJ
legations Of said district when there not sufficient
funds in the district treasury available, to pay the
shall be made in excess Of twenty per cent
Of the last confirmed assessment OF benefits, except
within the district Is required BY section 187911
| In the original petition for organization
Section l379-31f 1. Whenever the owners Of land
contiguous to drainage district formed under these
provisions may desire to be admitted to the benefits OF
said district they shall file in the Office Of the clerk
/ Of the court having jurisdiction OF such district
/ petition signed by more than nehah Of the adult
owners of lands in said new territory which SAID
sigiers shall represent more than one-tmrd OF tho
i lands In said proposed extension or addition, or
signed by the owners Of mora than one half OF the
i lands N said territory. and said speti-
requirements with reference to said territory as
provided In section 18T9-11 OF the statutes. with
| reference to the original territory
IJnon the filing Of such petition tho court
fudge thereof shall by order hx time and place OF
hearing thereon before the court at general or
special term or before the presiding Judge thereof and
dirct that Iotice of the time and place OF
ing be served upon all OF the owners OF such lands