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

Ia0Us, seIJINg TOrtl grleVanCe9
thereln, and any person deemieg his assessment
too high, or the damages allowed too low, may re-
monstrate, for such reasons against the action of
the viewers. Any person fling a remonstrance
shall file with the same bond payable 10 the State.
with not less than two freehold suretes conditioned
for the payment of all costs and expenses caused
by such remonstrance if the action of the viewers
be sustained by reviewers be appointed herein
after provided, such bond TO be approved by board
of commissioners. And thereuDon said board shall
appoint three disinteresed, resident freeholders of
the county, not of kin to any person interested in the
proposed work as reviewers to meet at q specified
time and place preparatory to commencing said re-
view. And it shall be the duty OF the auditor
thereupon to issue to said reviewers certified copy
of the petition, and remonsrance and order OF the
board in appointing such reviewers.
Sec. II. 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
lses through which the proposed work extends, and
shall be vested with all power granted to the view
originally, except that if they find the proposed
work of pubic benefit or utility, they shall not
change the line Of the ditch as located by the view
at any other place places than those COM
planned of in the remousrance and there ltheul only
far enough to do justice to the party demonstrating.
Aud they shall, before commencing said review, OBJ
tain from the auditor the report of the viewers,
which they shall carefully preserve, aud return to
the auditor when they have completed their review,
and they shall Tile with the auditor report OF thSlr
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 if the
make no change in the proposed work. their report
need only state that, after having made full exam
nation 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
ton Of the viewers and their report.
Sec. l3. Upon the fling 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 and
approve the action of thereviewers without change,
all costs occasicned in consequence of the fling OF
the remonstrance, shall be taxed against the par
ties demonstrating, and fee bill shall issue there
by the auditors, and be collected as provided by
law.
Sec. IA. IF the reviewers find the proposed work
of public benefit utility, and do not sustain the
entire action of the viewers. but make changes in
favor of the remonstraDts, the cost occasloned IN
consequences of the ling OF the reoEstrance shall be
taxed part of the total cost of the werk, the
same is taxed against the parties benefited in pro-
portion to their benefits, and if the viewers tind
the proposed work not OF public beneht or utility
the entire cost shall be taxed against the petition
and collected provided in section thirteen of
this act.
Sec. 10. q pom the filing of the report of the re-
viewers, the board of commissioners shall, if they
1iud 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
tine same sustained, corrected, or changed in the
port of the reviewers.
Sec. 16. Whenever the board of county commits
course, they shall order the reviewers, if the same
is established without remonstranos 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 snail be constructed and completed,
and they shall apportion the cost of the location
thereof, including printers fees, damages, If any
shall have been allowed, and compensation to the
laborers who assisted the viewers in marking out
and award
corporation owning the lands assessed for the
struction of said work their proporionate 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 their report with the auditor after hav
ing subscribed and sworn to the same And it shall
be the duty of the viewers and review
of the names of the laborers and the time
each employed by them. And all
compensation and damages allowed by this
section shall be collected by the treasurer as the
other taxes collected and the compensation
paid out, when collected, on order
/ from the auditor TO the parties entitled
thereto, and the damages when collected, shall be
placed into the county fund to compensate the
county for the damages previously paid required
| by section 10 of this act.
Sec. II Any person or corporation aggrieved
| thereby may appeal from any final order judg-
| meBt OF the board of commissioners made in the
proceedings and entered upon their record, deter
! Whether said ditch will be conducive to public
| health, convenience or welfare. 2. Whether the
/ route thereof practlcaDle. =. whether the
sessents made for the construction of the ditch
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 two freehold surees to be approved by the
auditor and the clerk of the district court, con
ditioned when collected on an order
/ that he viii duly prosecute such appeal, and
pay all costs that may be adjudged against him in
! the district court. Provided, that such appeal
bond shall be fled within thirty days after s1ch final
/ or1a or Undo of al IN prS
is made aud after the lapse of such thirty days no
! appeal can be taken. And If an appeal be taken,
/ the auditor shall withhold his notices to the
viewers reviewers to make their final report; and
/ he 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 pertaing to such
| proposed work, to the clerk of district court.
Sec. Is. II more than one party appeal, the judge
of the district court shall order the cases TO be con-
soidated and tried together and the rights of each
party shall be separately determined by the jury in
! its verdict.
| Sec 10 As soon as the final report of the view
ers or reviewers is fled, the auditor shall sell the
Jobs of digging aud constructing seach share or
| allotment separately, of the entire work. And he
shall give notice for three consecutive weeks, bJ
posting three written copies of such notice in three
public places in the vicinity of the proposed work
| aud one at the door of the court house in saiC
| county, OF the time when and place where he vii
sell to the lowest responsible bidder or bidders, eacl
| and every share or allotment thereof commencing
at the one lncluQlng OuLieL anu IDeDCo 10 sue
I cession up stream to the includins
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 case
I And the auditor shall contract with the party tC
whom share allotment is sold, requiring him Il
| construct such share allotment in the time anC
manner set forth in TIE report of the viewers
! viewers which the ditch is established, and shall
| take from him 4 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 viii 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. 90. A job not completed within the tim,
fixed in the contract and bond shall be resold by th
auditor to the lowest responsible bidder, but shall
not be sold for sum exceeding twenty per cent o.
the estimated value Of such work, nor SECOND
time TO the same party. contract and bond shall
be entered into hereinbefore provided: but tht
auditor may, for a good cause shown. Civ,
further time TO any contractor, not exceeding
sixty days. The auditor shall fix a time for tn
completion of work resold, 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. y. 1t shall be the duty of the county sur
job is completed, 20 inspect the same and if he nC
that it is completed according TO contract, be shal
accept it, and give to the contractor certificate o
acceptance, stating that said job share or aotmen
is completed according to the specifications of saiI
. - - 49,. IL