Morris tribune., 1883-05-30

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aud across his lands by setting forth his grievances
| therein, and any person deeming his assessment
| too high, or the damages allowed too low, may re-
monstrate, for such reasons against the action OF
| the viewers. Any person filing remonstrance
shall file with the same bond payable to the State.
with not less than two freehold surees conditioned
| for the payment of all costs and expenses caused
by such remonstrance, If the action of the viewers
be sustained by reviewers 10 be appointed as herein
after provided, such bond TO be approved by board
| of commissioners And thereupon said board shall
appoint three dsinteresed, resident treeholders OF
the county, not of klu to any Interested In the
proposed work as reviewers TO meet at a specified
time and place preparatory to commencing said re-
! view. And 1t shall be the duty OF the auditor
thereupon to issue to said reviewers certified copy
of the petition and remonstranco. aud order of the
| board in appointing such reviewers
| Sec IL Such reviewers shall meet at the time
and place specified in the order issued to them by
the auditor, and proceed to review the action and
report of the viewers, as well as the entire prem
Ises through which the proposed work extends, ana
shall be vested with all power granted to the view
originally, except that If they find the proposed
work of pub iC benefit or utility they shall not
change the line of the ditch, as located By the view
ers at any other place or places than those COM
planned of in the remonstranCe, and there then only
far enough to do justice to the party demonstrating
And they shall. before commencing said review, OBJ
| tain from the auditor the report of the viewers
which they shall carefully preserve, and return to
the auditor when they have completed their review,
and they shall ne with the auditor report of their
proceedings in the premises, after having sub
scribed and sworn to the same, at any time before
the next regular meeting Of said board; and II the
reviewers sustain the action of tho viewers, an
make no change in the proposed work. their report
need only state that, after having made full exam
ination of the viewers report as well as the entire
premises through which the proposed work eX-
tends, they lind the account Of the viewers just and
correct, and that they sustain and approve the &C
ton of the viewers and their report.
Sec - Upon the filing of the report OF the re-
viewers, required by the preceding section, the
auditor shall, when the board of commissioners
convenes in regular session. record the same, to-
gether with the proceedings had IN the matter OF
the petition. And if said reviewers sustain aud
approve the action of the reviewers without change,
all costs occasioned in consequence of the fling Of
the remonstrance shall be taxed against the par
ties demonstrating, and fee bill shall issue there
on by the auditors and be collected provided by
law.
Sec. IA. If the reviewers 1ud the proposed work
of public benefit or utility, and do not sustain the
entire action of the viewers. but make changes in
favor of the remonstrants, tho cost occasoned IN
consequence of the Ming of the remonstrance shall be-
taxed as part of the total cost of the work. the
is taxed against the parties benefited IN pro-
portion to their benefits, and II the viewers ind
the proposed work not OF public benefit or utility
the entire cost shall be taxed against the petition
erS, and collected provided in section thirteen of
| this act.
Sec Is q pom the filing of the report of the re-
viewers, the board of commissioners shall, if they
iud such report made in accordance with the pro-
| visions of this act, established the same as de-
sCribed in the report of the reviewers they find
the sustained, corrected or changed IN the
| port of the reviewers.
Sec IS. Whenever the board of county commits
! sioners establish public ditch, drain or water
course they shall order the reviewers, if the same
| is established without remonstrance according to
| the viewers report, or the reviewers If same Is
established according to their report, to meet at
| time and place specified, after the lapse of ten
days, and make final report in which they shall
specify the time in which each share or allotment
of the ditch shall be constructed and completed.
and they shat apportion the cost Of the location
| thereof including printers fees, damages, if any
| shall have been allowed, and compensation to the
| aborers who assisted the viewers in marking out
the ditch, and award to each person or persons or
corporation owning the lands assessed for the con-
structon of said work their proportionate share of
said COST and shall specify the time in which such
costs and expenses shall be paid to tbs county treas
urer and file heir report with the auditor after nav
! ing subscribed and sworn TO the same. And it shall
| be the duty of the viewers and review
ers to file with their reports an account
! each was employed by them. And all
compensation and damages allowed by this
section shall be collected by the treasurer the
! other taxes are collected, and the compensation
| paid out, when collected, an order
| from the auditor to the parties entitled
thereto, and he damages when collected. shall be
{ placed into The county fund to compensate the
county for the damages previously paid required
! by section ~ of this act.
! Sec. II. Any person or corporation aggrieved
thereby may appeal from any final order or Judg-
! ment OF the board of commissioners made in the
proceedings and entered upon their record. deter
mining eithet of the following matters, viz: l.
! Whether said ditch will be conduciye to public
! health, convenience or welfare. 2. Whether the
! route thereof is practicable. 8. Whether the as
sesSens made for the construction OF the ditch are
in proportion to the benefits to be derived there
| from. 4. The amount of damages allowed to any
| person or persons or corporation And the appel
ant shall file With the auditor appeal bond, with
at least twofreehold suretes to be approved by the
auditor and the clerk of the district court, con-
| ditioned when collected on an order
| that he VEL duly prosecute such appeal, and
pay all costs that may be adjudged against him in
. TlrOy- ln1 hat Jah ,nal
bond shall be filed within thirty days after such na
! order or Judgment of the board of commissioners
is made aud after the lapse OF such thirty days nc
/ appeal can be taken. And if an appeal be taken,
| the auditor shall withhold his notices to the
viewers or reviewers to make their final report; and
! ne shall, within twenty days after the appeal bond
is fled make complete transcript of the proceed
ings had before the board Of commissioners, and OF
| such appeal bond, and certify the same, together
with all the papers filed in his office pertatng to such
| proposed work, to the clerk of district court.
Sec. 49, If more than one party appeal, the judge
of the district court shall order the to be
soidated and tried together and the rights of each
party shall be separately determined by the jury IN
| its verdict.
Sec 10. As soon az the final report of the view
ers reviewers is fled the auditor shall sell the
| jobs of digging and constructing leach share OF
| allotment separately, of the entire work. And he
shall give notice for three consecutive weeks, by
posting three written copies of such notice in three
public places in the vicinity of the proposed work
| and one at the door of the court house in sale
| county, of the time when and place where he viii
sell to the lowest responsible bidder or bidders, eacf
! and every share or allotment thereof, commencing
at the including the outlet, and thence III sue.
| cession up stream to the one includint
! the source And no bid shall be entertained which
| exceeds more than twenty per cent over and above
the estimated cost of the construction in any
| And the auditor shall contract with the party te
| whom share allotment is sold, requiring him tc
construct such share or allotment in the time an6
manner set forth in the report of the viewers or
| viewers on which the ditch is established, and shall
| take from him bond, with two freehold sureties
payable to the state for not less than double the
| amount for which the same is sold, to be by hin
approved, conditioned that he will faithfully per
! form and fulfill his contract and pay all damages
| which NAV accrue by reason of the failure to com
pete the job within the time required in the contrac
| therefor.
| Sec. 20. A job not completed within the time
fixed in the contract and bond shall be resod by the
auditor to the lowest responsible bidder, but shall
not be sold for sum exceeding twenty cent. OF
| the estimated value OF such work, nor second
| time to the same party contract and bond shall
be entered into hereinbefore provided: but the
| auditor may, for good cause shown, give
| further time to any contractor, not exceedirs
sixty days. The auditor shall fix time for tht
completion of work resod, not exceeding sixty days
from the date of the bond; and no contractor shall
be prosecuted on his bond until the section below
| is completed.
Sec 81 It shall be the duty of the county sur
veyor, on being notified by any contractor that hi
job is completed, to inspect the same and if he int
that it is completed according to contract, he shall
accept it, and give to the contractor certificate
acceptance stating that said job, share allotmen
is completed according to the specifications of sale
ditch: and if any share or allotment has been sole
to person not the owner of the land assessed
therefor he shall in addition state the amount due
the contractor for constructing the same from the
owner of said the land, which certificate
shall be lien upon the land assessed for such share
or allotment, and shall be due and payable imme.
diately by the owner of the land, such certificate
! if not paid on demand, shall draw interest unit
paid. Aud if the allotment sold belongs to a non
resident of the county, the auditor shall state such
fact when he offers it for sale, and when the county
surveyor accepts it and issues his certificate of
ceptance, he shall file with the county auditor
| conv thereof WhereuDon said auditor shall charge