Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-22
No. sos, Al published July IL, 1913.
CHAPTER 633. LAWS OF 1913.


CHAPTER 633. LAWS OF 1913.
AN ACT-To repeal subsection 10 of Sec
ton 1S79-15, subsections 1 and OF
section 1875 and sections 1871.
lof9-22m. 1379-22n, and 1923; to
amend subsection / of section 1871,
section 1874. subsections l and
of section 1875. subsection of Sec
ton 1855. the first paragraph and
subdivision Second of section 1379-1S,
and sections 1920. 1379-20m, and
!3l9-2l subsections 1 and of section
1880 and section 1379-31f: and to
S1ea ao sections 1S7s-22m. 1S7s-sobm,
1379-30f, 1379-3zc and 1379-40 of the
Statutes relating to drainage, and pro-
vidlng a penalty.
The people of the State of Wisconsin,
represented in Senate and Assembly,
do enact as follows:
Section L. Subsection 10 of section
1379-15. subsections 1 and Of section
1875, and sections 1379-17, 137g-22m
1379-22n, and 1913 of the statutes are
repealed
Section 2. Subsection 1 of section
1379-11, section 1379-14, subsections L
and of section 1379-15, subsection 2 of
section 1379-16, the first paragraph and
subdivision Second Of section 1579-1S.
q. subsections L and 2 of section 1879
80, and section 1379-31f OF the statutes
are amended to read: (Section 1379-1D
L. Whenever majority of the adult
owners of lands within any district of
~
lands, who shall represent one-third in
area of the lands within said district to
be reclaimed or benefited or whenever the
adult owner or owners of more than one
half of the lands within such district de-
sires or desire to construct one or more
drains, bitches, leveeS, or other works
across the lands of others, for the pro-
motion of the public health or welfare,
and the drainage of said lands, Or desire
to maintain and keep in repair any such
drain. witch, or levee heretofore con-
structed under any law of this state, such
owners may file in the circuit court of
any county in which the lands, or any
part of them, shall lie a petition setting
forth:
Cd The necessity of the proposed
work, describing the same;
l. ca A map Of the boundaries of the
proposed district;
60 The location OF the proposed drain
or drains;
a. A profile of the proposed drain or
drains;
(5) A name for the proposed drainage
district;
co The names of the owners of the
lands within the proposed drainage dis
trict SO far as known;
CD The name or name of the person
or persons who caused the preliminary
survey to be made upon which the plans
shall have been based;
90 An itemized statement of the cost
of said survey;
CO. A report of the college of agri-
culture on (a} the quality of the soil; 90
the feasibility of draining the area in
cluded in said map; Co the probable ben
efits from the proposed work: (d) the
probable cost of constructing the pro-
posed work; and (e) the probable distri-
button OF the benefits among the several
parts of the district;
(10) A prayer for the organization of
a drainage district by the name and with
the boundaries and plans proposed, and
for the appointment of commissioners for
the execution Of the proposed work ac-
cording to the provisions of this and the
following sections.
Section 1379-14. On the day fixed for
hearing on such petition all parties own
ing lands, or any interest or easement in
land, within said proposed district, or
who would be affected thereby, may ap-
pear and contest CD the sufficiency of
the petition, (2) the sufficiency of the
sgners of the petition, 60 the sufficiency
of the notice, ca the constitutionality of
the law. $ 60 the Jurisdiction of
the court, specifying their objections to
such jurisdiction. and co whether or not
the public health public welfare will
be benefited by the proposed work, and
whether or not the benefits thereof will
exceed the damages and costs of con-
struction; and the petitioners and con-
teStantS may, on the trial, offer any COM
petent evidence in regard thereto All
notices of contest shall be in writing and
shall clearly specify the grounds of con-
test. The court snail hear and determine
whether not the petition contains the
signatures of a majority of the adult
owners of lands within the said proposed
district who are of lawful age,
who represent one-third in area of the
lands proposed to be affected by said
work. or the signatures Of the adult own
ers of more than one-half of such lands
and shall determine all questions of law
arising on said contest. The circuit court
in which such petition shall be filed, or
the judge thereof may adjourn the hear
ing on said petition from time to time for
want of sufficient notice, or to give time
to prepare for trial, or for other good
cause The affidavit of any three or
more of the signers of said petition
stating that they have examined it and
are acquainted with the locality of said
district and that said petition is signed by
a sufficient number of adult owners Of
lands in said district, to satisfy
section 18TH, may he taken by the
court or judge as prima facie evidence of
the facts therein stated And the aff-
davit of any petitioner or other land
owner before such court, or represented
before the court. giving the age of such
affiant and his or her ownership of such
lands to be named therein by proper
description, shall be sufficient evidence
to the court of such facts All deeds made
for the purpose of establishing or de-
feating the prayer of said petition and
not made In good faith and for valuable