The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1883-05-04
DRAINAGE.
A Synopsis OF Of the Bill Passed by tho
last Legislature, Comprising all
,-s, its Important Provisions.
Fargo August

the drainage bill in full. The general
purport of the act is indicated in the
title as "An act to enable the owners of
land to drain and reclaim them, prescrib-
ing the duties of county commissioners
and other officers in the premises, and
to provide tor. the repair and enlargement
of such drains
Section l gives the board of county
commissioners, or the board of supervi-
sors of any organized township. the
power to construct drains rs the public
interest requires.
Section 2 prescribes the mode of pro-
ceeding to secure ditch. Some one or
more whose lands are to be affected must
first file with the register of deeds or town
clerk petition setting forth the necessity
of the drain, with full and accurate de-
scription of it, and file a bond to pay all
the costs in case the ditch or drain is not
established. AS soon as the petition is
filed the boards shall appoint three free
holders, residents Of the township but
not interested in the proposed work, as
viewers, who shall proceed with COM
.petent surveyor to survey and stake out
the ditch and compute its cost. They
shall also apportion the cost Of, the drain
to- all owners of land to be benefited by
it, and report all their action and their
opinion of the public utility ofthe drain.
Section 3. If the ditch is wholly or in
part on the bed of a private ditch, the
owner shall have credit OH his assess
ment for the amount saved.
Section 4. All lands benefited by the
ditch are to be assessed, whether the ditch
touches them or not.
Section 5. The viewers are not bound
to follow the exact course indicated in
the petition may extend it further to Sc
cure sufficient fall, and shall run it on
division lines when practicable.
Section 6. The viewers shall estimate
the damage sustained by any and assess
those benefited for the amount.
Section z. If the viewers think the
route proposed not the best, and the
the ditch can be made to benefit the high
way, they can make changes, but must
not materially change the terminal points.
Section g.. If the weather be unf,vor-
able or the waters high, the viewers may
defer action a reasonable time, and if
they decide that the route or ditch is not
of public utility, they shall report to that
effect. @ sAsEf Sf d
Section 8. The register of deeds OF
town clerk shall give public notice of the
petition and action contemplated, with
the date for hearing those interested.
Section 10. The board commissioners
or supervisors shall grant the petition il
there is no remonstrance and the viewers
report favorable. If adverse, they shall
dismiss and tax costs as provided.
Section IL. Any erson aggrieved by
the action approved by the commission
ers, may flea remonstrance specifying
the GROUNDS Of complaint, and two disin
terested freeholders shall be designated
to consider and report the facts in the
case. -
Sections ~, 10, H., Is, and 18 pertain t.
the action of the viewers and reviewer
and the apportionment Of costs and dam
ages.
Section H. Provides that any person OF
corporation may appeal from the actor
of the board to the district court. upor
the questions whether the ditch will be {
public benefit; the route practicable, O,
the assessments or damages equitable il
amount or distribution.
FSectionel9., The register OF clerk shall
after sufficient notice, sell the job in.partl
or together for constructing the ditch.
Section 20. Any job not completed
within the time specified shall be resolt
but not second time to the. same party
Section 81. This pertains to the ap.
proval and acceptance of a job.
The further sections pertain chiefly t.
keeping the ditch open, the pay o
officers concerned, and some other mat
tiers of detail. : hi7 &
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