Year: 1862

ana puOlcatlon.


Approved June 19, 1862.


| Published Jane 26, 1862.


CHAPTER s9s.


An Act to authorize the county super.


visors to construct drains in certain


cases.


The people of tie State of Wisconsin, represent


ed IN Senate and assembly, do enact as fol
| loacs


Section 1. That the county board
Of supervisors of any county, shall
have power, at any regular session.
whenever, in their opinion, the same is
demanded by or will be conductive
| conducive] to the public health, con
venience or welfare, to cause to be
established, located and constructed
as hereinafter provided, any ditch
drain or water-course within such
county.


Sec. 2. That, before the county board
of supervisors Of any county shall take
any steps toward locating or establish
ing any ditch, drain or water-course,
there shall be filed with the clerk OF
the board Of Supervisors, petition
from one or more persons owning lands
adjacent to the line of such proposed
ditch, drain or watercourse, setting
forth the necessity of the same, with a
description Of its proposed starting
point, route and terminus, together
with the names Of all persons liable to
be benefited or damaged thereby, so
far as Known to the petitioner; and
shall, at the same time, file a bond,
with good and sufficient sureties, to
the acceptance Of the clerk of the
board Of supervisors, conditioned to
pay all expenses incurred in case the
county board of supervisors shall re-
fuse to grant the prayer of the petition !;
and it shall be the duty of the clerk of
the board of supervisors Immediately
thereafter to place copy of said petition
in the hands Of the county surveyor,
or competent engineer, who shall
thereupon, taking with him the neces-
sary assistance, proceed to make an
accurate survey Of the route of such
proposed ditch, drain or watcr-course
and on the completion thereof, shall
return a plot or plots and profile of the
same to said clerk Of the board Of
supervisors, and shall also set forth in
his return, a description Of the proposed
route, its availability and necessity,
with desert ption Of each separate
tract Of land through which the same
is proposed to be located, how it will
be effected thereby, and its situation
and level as compared with that of the
adjoining lands, together with such
other facts as he may deem material.
1t shall be the duty of the clerk of the
board of county supervisors, immedi-
ately on said report being fled, to
cause notice, in writing, to be given to
the owner or one of the owners, of
each tract of land along the route of
such proposed ditch, dram or water
course, Of the tendency and prayer of
said petition, and Of the time of the
session of the county board Of supervi-
sors at which the same will be heard,
which notice shall be served at least
ten days prior to said session, and an
affidavit Of said service filed with the
clerk of the board of supervisors; aud
in case any such owner is not resi-
dent of the county, or should any par
ty or parties in interest die during the
pendency of said proceeding, such
death shall not work an abatement of
such proceeding, but the commissioners
on being notified thereof, shall make
such order as they may deem proper
for giving notice to the party or par
ties succeeding to the right of such
deceased party or parties; and notice
of the pendency and prayer Of said
petition, and the time of hearing the
same, shall be given 70 such owner or
persons, by publication for three con-
secutive weeks, in some paper pub
lished or of general circulation in said
county.


Sec. 8. That any person or persons
claiming compensation for land appro-
priated for the purpose Of constructing
any ditch, drain or water-course, un-
der the provisions of this act, shall
make his, her or their application in
writing therefor, to the county board
ofsupervisors, on or before the third day
Of the session at which the petition has
been set for hearing; and if any ap-
plication or applications for compensa-
tion as aforesaid shall have been made,
the amount of said compensation may
be determined by agreement between
the supervisors and such owner or own
ers. Every such agreement shah he re-
duced to writing, and be signed by such
owner and the county supervisors, and
filed in the office of the clerk Of the
board of county supervisors; every such
agreement and every release of damages
given, shall forever preclude such owner
and all persons claiming under him, from