Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1913-08-29
cnAprr. 80 Published July is. 1919

AN ACT. To rereai subsecti - ,o VI 1878.
l37sI7 ana Of section 1915 and
amend subsection is79-22n and 1s79-ss: 70
svh. i4. sunsections l and 1 of ssct; =, section
granh ana q section lS79-I6 the srst 20
s,d asu SUBDIVISION Second IF seo+ia paTa
anu stcuons 1920. 1ST9-2om s IeSon lS9S-lS
sIf. : anu OF section 1379-30 ana 80. sunsec-
lS7o~sOf 1870 a' eo sections l37922m. Is79-sobm
Tho 49,, 70 drainage, and providing Ss"luees
Senste ~ y me State Of Wisconsin renressn,oa
Ssenon l. Subsection 10 Of secsio, Vii IoTS
ISya and Of section 137aIe 80, sub
statutes arr lS19-22n, 1888 Of he
1a5oIa z. Subsection of section 1s7e-t1 ..o.,o.
qIisrotia sauosectolls and of section 1aTo ~
r suom 2 or section 1379-l6 the ers. ao.9l9
ana subdivision Second Of secion IeTo paragraph
and go 90 lS79-20m, 1881 subse ctu sec
the statutes ave .osSsO' and section ls79-3lf Of
III NJ are amended to read: (Section 1870 =
~ ,ns whenever a majority Of the adSl. o 1Oss-
or With any district OF wet swamp n"rsh,
area ~ sh ianas. who shall represent one tbird =
49, q me lands within said djstrt - e a ~
oa - benefited or whenever the adm 49, ~
such district man one-half Of the lands within
drains OF desire to construct one or nora
i siis, uiIenes leyces other works oco ~.
or welf ior the promotion of the public health
~ meiiare and he drainage of said lands ~ Si
70 maintain and keep in repair any such 5, ~ Asst
stota nersleiere constructed under any law of tb1
staff sucn owners shall f'e in the circrit o4 a ~
any county In which the lands or ~. souI IT. o.
'i ne; petition setting forth ''''A'
the same; se piopoSeo work describing
district . map Of the boundaries of the proposed
81 The location of the proposed drain or dr.,n.
TX a prohie OF the proposed drain or drains.
fs1 Tha nalne lor the proposed drainage district
w Inc namts OF the owners Of the lands uvith,r
'ne proposed drainage district SO far as known
who c.uaad name q names Of the person or persons
III caused the preliminary survey to be made ,1ron
Wnlcn the plans shall have been based: 1880 up0n
. nSl An itemized statement of the cost Of said
(9) report Of the co1,oo. :. .,
.ne quality of the soil (b) the Feasibility Of drain
ing me area included in said map: (c) the nrobahle
Daets from the proposed work (d) the probable cost
OF constructing the proposed work and e) the nroh
aug oistllnutlon Of the benefits among the several
parts CT the district;
(l0) A prayer for the organization ~ . 5r,..
district ng the name and with the boundaries and
pans proposed and for the appointment Of commits
sloners for the execution OF the proposed ,vorlT
sections anu ehe ioiowing
Section 1s79-14 On the day hxed for hearing ~
sucn petition ali parties owning lands or any interest
or easement in land within said proposed district or
VINO would be affected thereby may appear and contest
OF the signers Of the petition Isl the suicencv oy
sne noace: "a the consttutonality of the law.
tha,. 20 the Jurisdiction Of the court. specifying
tnelr oDlecuons to such jurisdiction. and (e) whether
or not the public health or public welfare will he
Denenteo ny the proposed work. and whether or not
the benefits thereof will exceed the damages and csts
OF construction and the petitioners and contestants
may on the trial. offer any competent evidence in
regard thereto All notices of contest shall he in
writing and shall clearly specify the grounds OF con-
test The court shall hear and determine whether or
not the petition contains the signatures Of majority
OF the adult owners Of lands within the said proposed
district who are Of lawful age who repre-
sent One-third In OF the lands proposed to be
affected by said work. the signatures Of the adult
owners OF more than one-han of such lands and
shall determine all questions Of law arising on said
contest The circuit court in which such petition
snail be filed. or the judge thereof may adjourn the
hearing on said petition from time to time for want
or SUFFICIENT notice. to give time to prepare for
tI1al or Tor other good cause The afidavit OF any
three or 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 ~
signed by sufficient number Of adult owners Of
lands In said district, to satisfy = section
l379-1l, may be taken by the court or Judge as
prima face evidence Of the facts therein stated And
the afiidavit OF petitioner other landowner
before such court, or represented before the court
giving the Of such aiant and his or her owner
ship 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 defeating the prayer Of said petition
and not made In good faith and for valuable
sideration. shah be taken and held to be a fraud.
and the holders thereof shall not be considered the
owners Of the land described therein the court
or presiding Judge thereof after hearing and all
competent evidence that may be offered for and
against the said petition shall nnd that the same
has not been signed herein required II the court
find that the public health win not be promoted and
that the public welfare will not be promoted by the
proposed work that the benefits thereof viii not
exceed the damages and costs OF construction said
petition shall be dismissed at the Of the petit
TONERS and Judgment shall be entered against said
petitioners for the amount Of said costs But If 1t
sna appear Inas the psuuon mas Deon ,. % ngnea.
promoted By the proposed work and that the benefit
thereof viii exceed the damages and costs Of conruc
ton, the court or Judge shall find. and order any
necessary amendments thereto and allow the actual
cost Of the preparation Of the petition and other
necessary papers, and shall appoint three suitable,
competent persons commissioners. who need not DO
residents Of the county or counties a1eced but who
shall reside within twenty Ave miles Of the drain
ana district and Ak their = bond, = =
Ownership of land within the district shall not dis
qualify person from acting as commissioners.
When the court shall appoint such commissioners
said drainage district shall be fully organized
drainage district with the right 70 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 powers Of public corporation and In addition
the power. subject to the approval OF the court to
borrow the money necessary to do all work preliminary
to the confirmation Of the assessment Of benefits
hereinafter provided for
tsecttOn ls7s-l6) /. Before entering upon their
duties such commissioners shall take and subscribe
an oath to support the constitution Of the United
States and the constitution Of the state OF WILSON,
sin 10 faithfully and impartially discharge their
duties as such commissioners and to render true
account of their doings to the court by which they
are appointed whenever required BY law or by the
order the court, and shall execute bond running
to the clerk Of said court and his In once
as obgees. be fled with said clerk for the benefit
of the parties interested in amount to be fixed by
the court or presiding judge, and with surees TO be
approved by the presiding Judge. conditioned
for the faithful discharge Of their duties as such
Commissioners and the faithful accounting for and
application Of all moneys which shall come into tnear
hands as such commissioners Said commissioners
nn,her chairman one Of their number secretary and
the other one Of their number treasurer and at least
one commissioner shall be resident Of the district,
nroydipg suitable competent person resides therein.
1lness the owners of a majority Of lands, and q
majority Of the owners Of land in the district shall
netition otherwise majority Of the commissioners
shall constitute quorum. and concurrence OF q
majority in any matter within their duties shall be
suf6cient to It's determination ~
a. Vacancies in the commission may be
e1le1 Inv such Judge at any time the COM
missioner appointed to I'LL to hold for the
| 49, MIR
When two thirds OF the landowners IN q drainage
district who sha represent than one-half Of the
land in said district. the owners OF more tnan
two-thirds of the land in said district petition the
co,rt for the removal Of more OF the commas
sioners for any reason. the court shall remove saa
commissioner or commissioners from ONCE and snaH
An the vacancy or vacancies BY appointment Inc
nrovisions OF this section shall IN no way aprlose
the power Of the court remove commissioners from
o1ce for cause as in section 1S79Sim PROVIDED ana
shal delay the progress Of the district as nttie -
1Ssrtion ls7H-le) 3. And adult person
,nr Isnd within the district proposed BY me orig
snsi r~tition o. within the district - changed o.
ENLARGED b. the report OF sne
conmi soners may = any time. nle In court
ss,,est 10 10 joined as petitioner, and the
co,,rF NAV. b. order, permit such person 70
- trsned as : petitioner with nks force ano
ss,ect a. II he had signed the original Pc
titiob and thereafter such owner
wrought IN shall b counted. as an ORIGINAL
rssstioner for all purposes. Tho peuuon
aiQned the landowner or %