Year: 1862

! AN ACT TO authorize the county super
| ylsors to construct drains in certain ca
ses.


TIE People of tie state of WjscoaS;,, represented


IN Senate and assembly, do enact as tollous
Section |. That the county board Of
supervisors Of any county, shall have
power a. any regular session, whenever
in their opinion, tie same Is demanded
/ by or will be conductive conducive 10
! the public health, convenience or welfare,
to cause to be established, located and


constructed, as hereinafter provided, any
ditch, drain or water course within suci,
/ county.


/ Sec, 2. That, before the county board
/ of supervisors of any county shall take


any steps toward locating or establishing
any ditch, drain or water-course, there
/ shall be fled with the clerk of the board
/ of supervisors, petition from one or more
| persons owning land adjacent to the line
/ Of such proposed ditch drain or water


course, setting forth the necessity Of the
same, with description of It's proposed
starting point, rO~te and terminus, to-
gether with the names of ali persons liza
bic 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 accep-
tance of the clerk Of the board of super
yisors, conditioned to I'll expenses incur
red in case the county board of superyi-


sors shall refuse to grant the prayer Of


the petition and it shall be the duty cf
the clerk of the board of supervisors i'm


mediately thereafter, to place correct


copy of said petition in the hands Of the


county surveyor, or q competent engineer


L IL L. !. l.


necessary assistance, proceed to make an
accurate survey Of the route of such pro-
posed ditch, drain or water-coursc; and
on the completion thereof, shall return
plot or plots AMI profile Of the same to
said clerk OF the board OF supervisors.
and shall also set forth in his return.
description on the proposed rout, its avail
ability and necessity, with q description
of each separate tract Of land through
which the sane is proposed to be located,
how 1t will be effected thereby, and its
sit;ation and level rs compared with that
of the adjoining lands, together with such
other facts aS he may deem material 1t
shall be the duty of the cle1 k Of the board
of county supervisors, Immediately on
said report being filed, 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,
drain or Water-course, OF the pendency
and prayer Of sid petition, and Of the
time of the session Of the county board of
supervisors 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 and in
case any such owner IS not resident of
the county, or should any party 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 parties succeeding to the right of
such deceased party or parties; and no
tice of the pendency and prayer of said
petition, and the time of hearing the same,
shall be given TO such owner or persons,
by publication for three consecutive weeks,
in some paper published or of general cir
culation in said county


See 8 That any person or persons
claiming compensation for land appropri-
ated for the purpose Of constructing any
ditch, drain or water-course, under the
provisions Of this act. shall make his, her
or their application in writing therefor. to
the county board of supervisors. on or
before the third day of the session at which
the petition has been set for hearing
and if any application or applications for
compensation as aforesaid shall have been
made, the amount Of said compensation
may be determined by agreement between
the supervisors and such owner or owners
Every such agreement shall be reduced
to writing, and be signed bv such owner
and the county supervisors. and fled in
the Office of the clerk of the board OF
county supervisors and every such agree
ment and every release OF damages giyen,
shall forever preclude such owner and all
persons claiming under him. from all fur
ther claim or dar ges If there be any
owner or owners of land through which
said drain, ditch or water-course shall be
located, who shall not apply for, or who
shall not agree with the supervisors as to
the compensation they shall receive for
damages sustained by them, by reason of
the location of such drain, ditch or water
course, as provided in this act; said SUI