dict of the jury upon either of such issues whether the amount of damages awarded by the commissioners is adequate, and whether the assessment of benefits as made by the report to any remon strant demanding the review by a jury is too high; and the jury may assess the same. All other issues arising on any remonstrance shall be tried by the court or presiding judge. If the court or presiding judge finds from a hearing duly had, that the report requires modification, the same may be referred to the commissioners, who may be required to modify the report in any respect. In any case between the commissioners and any remonstrant, the court may award and apportion the costs, as the justice of the case may demand, and costs awarded against the commissioners shall be paid out of the fund realized from the assessment made. If the finding of the court or presiding judge be in favor of the validity of the proceedings, the court, after the report shall have been modified to conform to the findings, or if there be no remonstrance, shall confirm the same, and the order of confirmation shall be final and conclusive, and the proposed work be established and authorized, and the proposed assessment approved, subject to the right of appeal to the supreme court as in other actions. No other or further notice than that herein provided shall be necessary to subject lands not included in the original application, to the burden of the assessment for such improvements. Upon such order of confirmation being made and filed, the commissioners shall enter upon the construction of the proposed ditch or drain, and shall have entire control of the same. They may divide the proposed work into such parts as they may deem best, and may receive proposals for the whole or any part of such work. Notice that such work will be undertaken and that proposals for the performance of such work will be received at some time and place to be fixed therein, shall be given. by said commissioners by the publication of such notice in a newspaper published in such county, and by posting the same in at least three public places in the town or towns wherein the lands sought to be drained are located, for at least ten days before the time fixed for receiving such bids. The commissioners shall attend at

the time and place fixed in the said notice, and shall publicly open and examine said bids and shall award such work to the lowest responsible bidder. Before advertising for such proposals, the said commissioners shall cause plans and specifications for such proposed work to be prepared and deposited at some convenient place to be mentioned in the notices for receiving proposals. After the confirmation of the report, any person or corporation may pay the whole or any portion of the sum assessed against him, and may receive a receipt for said assessment or any portion of it. All assessments so made and confirmed as aforesaid, which shall not have been paid to said commissioners or the persons designated by them to receive assessments, shall be certified to the town clerk of the town wherein the land assessed is located, as properly due and payable for such improvements, and such clerk shall thereupon enter upon the tax list next thereafter to be made, such assessments, so certified, and the same shall be collected as state, county or town taxes are collected, excepting that personal property of individuals shall not be liable for such assessments for improvements on land. The commissioners may also bring suit in the name of the county for which they are appointed, for their use as commissioners in any court having jurisdiction to collect such assessment from any corporation refusing to pay the same, and the judgment in such action may be enforced as in other actions. In making their original report and estimate, said commissioners will determine and report whether any property rights or interests outside of such county will suffer damage from the doing of said work, and if so, the particular parcels and interests, and the amount of such damage; and the same shall be awarded and paid in the same manner as though such lands were situated within the county where such work is to be performed. If in their preliminary examination and report of assessments they shall have assessed a smaller sum than is needed to complete the work proposed, a further assessment, proportioned upon the first assessment, may be made under the order of the court or presiding judge thereof, without notice, on the

lands benefited to be collected in the same manner as the original assessment.

2. Upon the application in writing of six or more owners of or persons possessed of freehold interest in swamp, wet or overflowed lands which are naturally or may be made tributary to the ditches or drains of any portions thereof, constructed under and in accordance with the provisions of chapter 169, laws of 1887, and which lands were not assessed for the original ditch or drain, representing that they have constructed or are about to construct a ditch or drain particularly describing its course, length and dimensions, to drain and reclaim certain lands, describing the same, that it is necessary that such ditch or drain should terminate or empty its waters into some portion of the drainage system, and requesting the commissioners to fix a gross sum to be paid by the owners of such lands for the privilege of using such original ditch as an outlet, the said commis. sioners shall make examination of the lands described in such application and shall fix upon and determine what sum shall be paid by such petitioners for the privilege prayed for, which sum shall, as soon as may be, with the cost of such pro posed ditch or drain, make the amount to be borne by each acre of the land benefited, equal to the amount assessed as benefits in the construction of the the original ditch or drain upon each acre of land similarly situated. Upon the payment of the sum so fixed and determined by petitioners, the said commissioners shall execute and deliver to said applicants, a receipt for the same, together with a certificate setting forth by intelligible descriptions, the lands admitted under such payment to the benefits of such original drainage system. Upon making such payment and receiving such certificate, such applicants shall have the right to intersect such original ditch with their proposed ditch or drain, but only at the point and in the manner directed by the commissioners. The moneys received from such source, shall be held by the commissioners for the benefit of the original ditches or drains and be expended as occasion may require in their repair and maintenance. With their next annual re

Lands admitted to benefits to be deemed part of original drainage district.

Commissioners'

to keep account of moneys collected.

port thereafter made, they shall file in the office of the circuit court clerk, copies of the receipt and certificate delivered to such applicants.

SECTION 7. Lands admitted to the benefits of the original drainage system, by either of the methods set forth in section 6, of this act, shall, after such admission be deemed to be a part of the territory included in the original drainage district, and shall thereafter be subject to the same assessments and charges for necessary repairs in and maintenance and improvement of, the original ditches or drains, as is the land assessed for such original work under the act aforesaid.

SECTION 8. Such commissioner shall keep an compensation, accurate account of all moneys collected by them on account of the work under their charge, and of all payments made by them as such commissioners, and shall take vouchers for such payments. They shall receive for their services the sum of two dollars per day and their actual cash expenses. They shail at all times be under the control and direction of the court or presiding judge, and shall obey such directions, and for a failure so to do shall forfeit their compensation and be dealt with summarily as for contempt, and may also be removed from office by the court or presiding judge. Suit may also be brought upon their bonds, in the name of the clerk of the court, and the amount recovered shall be applied to the construction of the work or to the party injured, as justice may require.

Dams, how removed or re

duced.

SECTION 9. If the commissioners in the repair or maintenance of such ditches or drains, find it necessary to condemn, remove or reduce any dam lawfully maintained, or impair any easement or right of flowage or other right, they may negotiate with the owner thereof, and make a conditional agreement with such owner for the amount to be paid for such purpose, and report such agreement to the presiding judge. If they cannot so agree they shall apply to the court or presiding judge for permission to condemn the same. The court or presiding judge shall, by order, fix a time and place when and where such application will be heard, of which hearing notice shall be given to the owner of or person interested in such dam or flowage rights, at least ten days prior to

the time so fixed upon. If upon such hearing, the court or presiding judge finds that it is necessary that such dam be removed or flowage rights impaired, an order shall be entered directing the commissioners to determine and report the amount of damages that should be awarded the owner as damages therefor. On the filing of the report by the commissioners thereon, notice of such filing and of the amount of such award shall be served on the owner of such dam or flowage rights, and the same proceedings had therein as to remonstrance, hearing, determination, and appeal herein provided upon the assessments of lands not included in the original drainage district. Upon the confirmation of the report, and in the prosecution of the work, no dam shall be removed or reduced, or private property invaded or taken until the damages upon, awarded or finally adjudged for such removal, taking, reduction or destruction shall have been deposited with the clerk of the circuit court, for the benefit of the owners of or the persons entitled thereto, and in case of doubt or dispute as to the parties entitled to receive the same, the court shall adjudicate the same, and order payment or apportionment as the right of the case may demand. The acceptance of such money shall operate as a release of all claims to further or other damages; and upon the payment or deposit of such sums as aforesaid the right to remove or reduce such dams or obstructions, specified in the report, finding or final adjudica tion shall vest in the commissioners; and they may enter upon any lands, and remove such dam or do necessary work thereupon, with employes or other necessary means, and if necessary, may move the court or presiding judge upon three days' notice, for a writ of assistance to enable them so to do, which writ, if need be, may be granted.

mentioned.

SECTION 10. This act shall be liberally con- Not to extend strued to promote the drainage and reclamation of outside limits the wet and overflowed lands in Racine and Waukesha counties affected thereby, and in the preservation of public health, but shall not be construed to authorize the operation of this act outside of the territorial limits of said counties, excepting only in the determination of damages result