Morris tribune., 1883-05-30


| and paw for this same out of the general township
| fund: and to raise the necessary money to REIN
burse that fund he shall sppOrtiOn and assess the
costs thereof upon the lands which will be benefit
ted by such repairs or removal Of distractions &C
cording to such benefits, in their judgment they
| shall make statement of such assessment and de-
liver the Same to the auditor of the county, who
shall put the same upon the succeeding tax dupii-
| Gates, and it shall be lien upon the lands and ba
| collected in the same manner as State and county
| taxes The provisions of this section shall also
apply to all works constructed for the purpose OF
drainage under any law now or heretofore in force
In this State. II they shall be of the opinion that
such assessment, or any part thereof, ought to be
charged to lands In other townships, the suDeTvls-
ors thereof shall. on request, meet with them at
time and place by him appointed, and they shall
! JOINTLY make such assessments and certl-
ficates to the auditor of the proper
counties. A majority of such supervisors as
attend any such meeting shall have power
to act and decide any question, and to make tho
! assessments and certificates, and upon failure OF
any township supervisor to perform the work re-
CURED of him by this section after ten days no
tlce in writing to him by any person interested, he
shall be liable, with his suretios his official bond
for all damages caused by such failure perform
his duty, to be recovered by the person persons
so damaged. He shall also be deemed guilty of
mlsdemeanor and, on conviction thereof, fined not
! less than ten nor more than fifty dollars.
| Sec. "a Whenever the route of proposed ditch
drain or water course extends into two or more
counties, the petition shall be signed by one or
more of the land owners in each county whose land
will be liable TO be assessed for the construction Of
such ditch, and filed with the auditor of the county
containing the head of the proposed ditch,
at least ten days before any regular meeting OF the
board of commissioners, and thereupon the auditor
of such county shall transcrbe and transmit to the
auditor of each other county interested, certified
copy of such petition. And it shall be the duty OF
| the board OF commissioners of each county inter
ested IN the proposed Work, at their nrst regular
session after such petition is filed, to appoint three
disnterested resident fe holders Of their respective
countias as viewers in like manner az provided for
| the appointment of viewers ditch in but one
county, to meet and act conjoiltly, at such time
and place as the board as conan issioners OF the
county where the petition is filed may designate;
and such joint viewers shall have the same powers
and perform the same duties as provided in this
act for the viewers on ditch In one county; and
| they shall file report Of their proceedings with
the auditor of each of the counties interested, at
least four weeks before the next regular session of
the board of commissioners, whereupon the auditor
of each county shall give notice for three consecu-
tive weeks In the manner provided for dltcnes IN
but one county. OF the tendency Of such petition,
| and the time set for the hearing thereof
| Sec. 25. The board of commissioners Of the
counties interested in joint ditch shall, at the
time set for the hearing Of said petition, proceed to
establish the in the manner specified for
bitches in but county and in all matters per-
tanning to such joint ditch, the boards of commits
soners shall act in the same manner, far
| tcabe, as required by this act for establishing
bitches In but one county, and they shall act
CONFORMITY. Aud when such ditch is established.
the viewers shall be notified, as before provided ia
! this act, to make their final report ana upon the
filing of such final report the shares allOtments
of such ditch shall be sold and constructed here
| inbefore provided for bitches in but one county,
except that the auditors of the counties interested
shall act together as one body in performing their
duties.
! Sec. 20. Such joint ditch shall be cleaned and
repaired or enlarged in like manner as for bitches
in but one county, by the joint action of the public
! officers Of the counties interested.
Sec. p. 1t shall be lawful for any person OF
| corporation affected by proposed ditch extending
into more than one county to file renoustrance
with the auditor of the county in which he resides,
at least i've days before the regular meeting of the
board of county commissioners, when the petition
is to be heard and when such remonstrance has
been filed and bond for costs, as provided for
bitches in but one county, the auditor shall imme-
dlately transmit a copy OF such remonstrance and
bond to the auditors of the other counties inter-
ested, and them in like manner as hsrenbefore pro-
| vided. the boards Of commissioners shall appoint
reviewers who shall meet and act together and per-
form their duties as provided for reviewers n
one county, and file report OF their proceedings
with their respective boards of comm issioaarS at
or before their next regular meetings, and upon the
fling of such report the boards shall, if the re-
viewers report the proposed work or public benefit
or utility, establish the same, and it shall be coz
structed, cleaned. and repaired or enlarged by the
joint action of the proper officers in the different
counties, though it had been established on the
! report of the viewers and without rsmonstrauce.
And it shall be the duty of the auditor of the
county In which the time aud plaza for the Getting
of viewers Or reviewers is fixed to notify the aud
tor of the other counties interested of such time
and place for the joint viewers or reviewers to
meet.
! Sec 20. When any ditch established under this
act drains either in whole in part, any public
corporate road or railroad, or benefits any of such
/
such road will be made better by the construction
of such ditch, the viewers reviewers shall ap-
portion to the county if county or state road, to
the company If a corporate road or railroad, such
portion OF the costs and expenses thereof as to
private individuals, and REQUIRE them
to pay said costs and perform said labor in like
Sec %. If any person shall wifully obstruct any
public ditch. shall willfully divert the water from
it's proper channel, he shall be deemed guilty of
misdemeanor, and upon conviction thereof shall be
fined in any not less than S. nor more than $50,
and shall also be liable for any and all damages
Crung to any person or persons or corporation by
such act
Sec 80 The ordersis issued by the auditor toview-
ers and reviewers shall be served by the sheriff and
shall be paid by the county for such services the
same fees as he is allowed by law for similar servi-
ceS.
Sec 81. The surveyor and engineer shall be al
lowed the sum of 81 per day for every day he is
necessarily engaged in performing the duties re-
qured of him by this act, which sum shall be paid
to him quarter annually out of the county treasury
upon his filing before the board of commissioners
an itemized account of his services verified by his
oath, and the cost of publishing the notices of jobs
to be let by the auditor, and of all blanks AMI sta
tionsry required by him in the performa nee of his
duties shall be paid by the county. The viewers
aud reviewers shall each be allowed 50 per day for
each and every day they are necessarily engaged in
viewing and reviewing bitches and making up and
fling their reports which sum shall be paid to them
out of the county treasury Each chairman, ak
man. rodman and all other hands necessary to the
prompt execution of the work of locating public
ditch shall be allowed $3.50 per day for the
]
| provided.
Sec. So A majority of the viewers or revie wers
shall be competent to perform the duties req uired
of them by this act, provided that the bitches ex-
tending into more than one county, there shall be
present and acting majority from each county in
terested
Sec. 49, The terms regular session" and "regu-
lar meeting of the board of commissioners, used
in this act shall be held TO include only the regular
sessions of such board commencing on the first Tues
day of January and the fourth Monday OF July
in each year: and the word ditch, as used in this
act. shall be held to include drain or water course
and the petition for any public ditch may include
any side, lateral spur Branch ditch necessary to
secure the object of the Improvement
Sec. 81. The amount of assessments made by
the viewers and confirmed by the board of COM
missoners shall be lien the lands assessed
from the date of the order Of the board of commits
soners establishing the ditch, drain or water course
and such order, together with the report of tho
viewers on which the ditch is established shall be
notice to all the world of the existence of such
lien, and this sct shall be literally construed to
mote the drainage and reclamation of wet or over
flowed lands, and amounts due to contractors hold
ing the viewers certificate of acceptance, shall not
be defeated by Of any defect in the proceed
ings occurring prior to the order of the board of
commissioners establishing the ditch, but such
order or judgment of the said board shall be con-
| elusive that all prior proceedings were regular and
according to law
Sec So All acts and parts of acts conflicting
with this act are hereby repealed.
Sec. SO. This act shall take effect and be in force
from and after its passage.
Approved March l, 1883.
SO.
AN ACT to provide for the draining of shallow,
grassy, meandered lakes:
Be it enacted by the Legislature Of the State Of
| Minnesota:
Section 1. That for the purpose of providing
for the draining of shallow, grassy lakes, and
! making the same productive, and removing certain
| oaOs