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

consideration, shall De taken and held to
be fraud and the holders thereof shall
not be considered as the owners Of the
land described therein. IL the court or
! presiding judge thereof, after hearing
| any and all competent evidence that may
| be offered for and against the said petit
! ton. shall find that the same has not been
4 signed as herein required or If the court
| find that the public health will not be
/ promoted and that the public welfare will
! not be promoted by the proposed work or
| that the benefits thereof will not exceed
! the damages and costs of construction.
said petition shall be dismissed at the
cost OF the petitioners. and judgment
! shall be entered against said petitioners
for the amount of said costs. But If it
shall appear that the petition has been SO
signed, and that the public health or pub
lie welfare will be promoted by the pro-
| posed work and that the benefit thereof
will exceed the damages and costs Of
/ construction, the court or judge shall SO
4 hnd, and order any necessary amend
ments thereto, and allow the actual cost
! OF the preparation OF the petition and
| other necessary papers. and shall APP
| point three suitable. competent persons
/ as commissioners, who need not be resi-
dents Of the county or counties affected
but who shall reside within twenty five
miles OF the drainage district and fix
/ their bond Ownership
of land within the district shall not dis
/ quailfy person from acting as COM
| missioner. When the court shall appoint
| such commissioners said drainage district
| shall be fully organized drainage dis
trict with the right to sue and be sued
| and with all of the rights and powers in
| the drainage district law to such districts
| given, together with all of the usual
| powers of public corporation and In ad-
| dition the power, subject to the approval
of the court, to borrow the money neces-
sary to do all work preliminary to the
| al hana-
| fits hereinafter provided for.
(Section 1379-15. /. Before entering
! upon their duties such commissioners
shall take and subscribe an oath to sup
port the constitution Of the United
| States and the constitution of the state of
| Wisconsin, to faithfully and impartially
| discharge their duties as such commits
| sioners and to render a true account of
| their doings to the court by which they
| are appointed whenever required by law
/ or by the order of the court, and shall
execute bond running to the clerk of
| said court and his successors in office as
obligees. to be filed with said clerk for
| the benefit of the parties interested in an
1 amount to be fixed by the court or pre-
siding judge. and with sureties to be ap-
| proved by the court or presiding judge
/ conditioned for the faithful discharge of
| their duties as such commissioners and
| the faithful accounting for and applica-
ton of all moneys which shall come into
| their hands as such commissioners. Said
I by electing one of their number chair
| man, one Of their number secretary. and
| the other one of their number treasurer
| and at least one commissioner shall be a
resident OF the district. providing suit
| able, competent person resides therein.
unless the owners Of a majority of lands
and a majority of the owners of land in
the district shall petition otherwise. A
| majority of the commissioners shall con-
stitute quorum. and concurrence of a
majority in any matter within their du
ties shall be sufficient to it's determine
ton.
sion may, be filled by such judge at any
time, the commissioner appoint
ed to fill vacancy to hold for the residue
of the uneXpired term.
! When two-t thirds of the landowners in
| a drainage district who shall represent
more than one-half of the land in said
| district, or the owners of more than two
| thirds of the land in said district, petition
, the court for the removal of one or more
of the commissioners for any reason, the
court shall remove said commissioner or
commissioners from office and shall fill
the vacancy or vacancies by appointment
| The provisions of this section shall in no
| way abridge the power of the court to re-
move commissioners from office for cause
as in section 1937-31m provided and shah
delay the progress Of the district as little
! as possible
(Section 1379-16) 2. Any adult
| person owning land within the district
proposed by the original petition. or with
in the district as changed or enlarged by
the report of the COM
missioners, may, at any time, file in court
| a request to be Joined as petit
! toner, and the court may. by order, per-
nit such person to be Joined as
petitioner with like force and
| effect as if he had signed the
original petition and thereafter such
owner, SO brought in, shall be
counted as an original petit
{SSNIan faa al
ReSit1U or by nay - I his agent au e
! thorized in writing to sign said owners
| name
after their organization, or
| within such time as the court may direct
| said commissioners shall fix a time for
selecting drainage engineer, who shall
| be the district engineer, and they shall
notify such number of qualified drainage
| engineers as may be practicable, of the
time and place of said selection. In case
| the position of district engineer is at any
time vacant the commissioners may fill
such vacancy. AT said time or an ad
journment thereof they shall select the
district engineer and fix his compensation
| and shall then proceed to have all neces-
Sary levels taken and surveys made, and
shall lay out said proposed work, make a
final map thereof and plans, profiles and
other specifications thereof and report in
| writing to the court.
|
found necessary to change the boundaries
of said proposed district, as by =
| the petition previously fixed the
| commissioners shall report said proposed
| change and if possible, shall report the
! names, residences and post-office ad-
| dresses of the owner or owners of all
| lands affected by said change in boun-
/; DIARIES, but no such change in boundaries
! shall be made as to deprive the court of
! jurisdiction; provided. however, that if
| the owners of lands adjacent to the dis
trict petition to have their lands brought
into the district such may be considered
| the same as original petitioners in max
| ing changes in boundaries.
Section 1920. Amy owner of lands
| or any easement or interest therein within
: said district or any person Or corporation
affected by the proposed work may
/ file a written remonstrance five or more
days before the day set for hearing on
| said report and therein remon-
strate against the whole or any part of
the proposed work or any change of the
/ boundaries. Such remonStrance shall be
verified by affidavit and; shall sec forth
the objections of the affiant whether
| they go to the jurisdiction of the commits
| sioners or the court, or whether they rest
| on any other fact, as that some lands
! or corporations are assessed too high or
too low or improperly, or that lands are
! u,l1i ha