Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-03-19


fund: and to raise the necessary money to REIN
burse that fund he shall apportion and the
costs thereof upon the lands which will be benefit
ted by such repairs or removal Of distractions
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 duDli-
Gates, and it shall be lien upon the lands and bs
collected in the same manner Is State and county
taxes. The provisions of this section shall also
apply to all works constructed for the purpose or
drainage under any law now or heretofore in force
In this State. If they shall be of the opinion that
such assessment or anv part thereof, ought TO be
charged to lands in other townships. the supervis
ors thereof shall, on request, meet with them at
time and place by him appointed, and they shall
fcates to the auditor of the proper
counties. majority of such supervisors
attend any such meeting shall have power
to act and decide any question, and to make the
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
tice in writing TO him by person interested, he
shall be liable, with his suretieS his official bond,
for all damages caused by such failure to perform
his duty, to be recovered by the person persons
so damaged. He shall also be deemed guilty. of
misdemeanor, and, conviction thereof, fined not
less than ten nor more than fifty dollars.
Sec. Ok Whenever the route of proposed ditch
drain or water course extends into two more
counties, the petition shall be signed by one or
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 or of the proposed ditch
at least ten days before any regular meeting or the
board OF commissioners, and thereupon the auditor
of such county shall transcribe 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 Aest regular
session after such petition is fled to point three
dsinterested resident feshoders of their respective
Counties as viewers, in like manner provided for
the appointment of viewers a ditch in but
county. to meet and act conformity, at such time
and place as the board as comm 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 provided in this
act for the viewers on q ditch one county; and
they shall file report of their proceedings with
the auditor of each of the counties interested,
least four weeks before the next regular session of
the board OF commissioners, Wnereupon the auditor
Of each county shall give notice for thre5 consecu-
tive weeks in the manner provided for bitches in
but one county, of the tendency of such petition
and the time set for the hearing thereof.
Sec. %. 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 same in the manner specified for
bitches in but one county and in all matters per-
tanning to such joint ditch, the boards of commits
soners shall act in the manner, SO far as Drac-
ticabe, required by this act for establishing
bitches in but one county, and they shall act
conformity. And when such ditch is established.
the viewers shall be notified, as before provided III
this act, to make their final report, and upon the
fling OF such final report ta shares or allotments
Of such ditch SHALL be sold constructed as here
lnoetore provided for dltcnes in but one county,
except that the auditors of the counties interested
shall act together as one body in performing their
| duties.
Sec. %. Such joint ditch shall be cleaned and
repaired or enlarged in like manner for bitches
IN out one county by the joint action of the public
| officers of the counties interested.
Sec. p. 1t shall be lawful for any person or
corporation affected by proposed ditch extending
! into more than one county to file remonstrance
with the auditor of the county in which he resides
at least hYe days before the regular meeting of the
| beard of county commissioners when the petition
IS to be heard and when such remonstrance has
| been filed and a bond for costs, as provided for
dltches III put one county, tue auditor shall imme
! diately transmit copy Of such remonstrance and
bond to the auditors OF the other counties inter-
esed, and then, in like manner as hereinbefore pro-
vlded. the boards of commissioners shall appoint
reviewers who shall meet and act together and per-
form their duties as provided for reviewers in
one county, and hle report of their proceedings
with their respective boards of comm issioleFs 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 OF public benefit
utility, establish the same, and it shall be coh-
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
J report or the viewers and without remonstrance.
| And it shall be the duty of the auditor of the
county in which the time and place for the meeting
OF viewers or reviewers is fixed to notify the aud
itor of the other counties interested of such time
aud place for the joint viewers or reviewers to
! meet.
| Sec. %. When any ditch established under this
act drains, either in whole or in part, any public or
corporate road or railroad, benefits any of such
|
! such road will be made better by the construction
of such ditch, the viewers or reviewers shall ap-
portion to the county if county state road, to
| the company If a corporate road railroad, such
! portion of the costs and expenses thereof as to
/ private individuals, and require them
to pay said costs aud perform said labor in like
! manner as individuals.
Sec. %. If any person shall willfuy obstruct any
public ditch shall willfully divert the water from
its 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 800
and shall also be liable for any and all damages ac
cruing to any person or persons or corporation by
| such act.
Sec. 80. The ordersissued by the auditor to view
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-
Quired OF him by this act, which sum shall be paid
to him quarter annually out of the county treasury
tupOn his Hing before the board Of commissioners,
an itemZed 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
tonery required by him IN the performa nee OF his
duties shall be'paid by the county. The viewers
and reviewers shall each be allowed So per day for
each and every dav they necessarily engaged in
| viewing and reyi.ying dirches and nakinS mn and
fling their reports, which 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 he allowed SI.50 per day for the
! time actually employed, to be paid as herelnbefore
| provided.
| Sec. 50. 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. SO. The terms regular session. and 'regu-
lar meeting" of the board of commissioners, as used
in this act, shall be held include only the regular
sessions of such board, commencing 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 or branch ditch necessary
! secure the object of the Improvement
Sec 34 The amount of assessments made by
the viewers and confirmed by the board of COM
nssioners shall be lien upon the lands so assessed
from the date of the order of the board of commits
sioneTs establishing the ditch drain or water COURSE
AMI such order, together with the report of the
viewers on which the ditch is established shall be
notice to all the world or the existence of such
lien, and this set shall be literally construed pro-
mote the drainage and reclamation of or over
flowed lands. aud amounts due TO contractors hold
ing the viewers certificate Of acceptance. shall not
be defeated by of any defect in the pre- ceed
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 regular and
/ according to law.