The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1891-03-28

and if the judge determine that the dam
age will be in excess of the resultant bene-
fit, he shall issue his order to the party or
parties seeking such damage drainage,
directing such party or parties to pay such
amounts as he may find and determine to
the person or persons over whose land the
drainage is to be had; Provided, That no
routes for waterways shall be located with
out the written consent Of the owner, with
in fifteen rods of the dwelling house, or
other buildings on the premises, or across
any orchard or garden, without such writ
ten consent.
SEC. 5. In drawing any surplus waters
from any artesian we'll. pond, or storage
shall be confined in a ditch or drain not ex-
cecding four az feet in width, unless the
party or parties otherwise agree. The
party or parties obtaining the drainage
shall provide reasonable means for cross
lug any ditch constructed by him or them,
in as many places as may be determined
necessary by the county judge at the time
of holding the hearing.
SEC. 6. In estimating the amount OF
damage, if any, on account OF drainage, the
Judge shall take into consideration any
benefit that may accrue to the party or
parties over whose lard or lands the drain
age is affected by reason of the moisture
furnished by the flowing water: and it the
benefit, in the judgment of the court, is
equal to the amount Of damage, if any,
then the court shall order that the drainage
| shall be given without compensation; Pro-
vided, That either party, feeling aggrieved
by the decision of the county court, may
district wherein said lands are located, in
such manner as is or may be provided by
law for appeals, and the amount of such
damages upon the appeal, when demanded
by either party, shall be determined by a
jury, and the question of damages shall be
tried as in other civil cases.; Provided,
further, That the construction of said
waterways Orditches shall not be delayed by
the appeal il the amount of the damages as
sessed shall be deposited with the clerk of
the said district court, together with a suf-
ficient bond to be approved by said clerk,
conditioned to pay any excess that may be
a djudged by said district court.
SEC. Z. Whenever it is necessary to con-
struct a waterway from an artesian well,
pond or storage reservoir across the right OF
way of any railroad company, it shall be the
| duty of said railroad company, when nOti-
fed by the party or parties constructing
said waterway so to do, to make and main
tain a suitable culvert. Notice. in writing,
to make such Opening and to construct such
| culvert may be served on such company, as
| provided in the service of summons at least
thirty (90) days before such railroad COM
pany shall become liable; in case such rail.
road company shall refuse or neglect to
comply with the provisions of this section,
it shall be liable to pay q penalty OF ten
lect to make such opening and construct
such culvert. The county attorney OF the
| county in which such railroad company
| shall have refused or neglected to comply
! with the provisions OF this section, shall,
upon complaint being made by the party or
parties interested, collect such penalty,
and it shall be his duty to prosecute the
same to a final determination in any court
having competent jurisdiction.
SEC. 8. Any person or persons VINO snail
Willfully open, close, change or Interfere
with any head gates, water boxes. pipes or
any other appliances for controlling or
utilizing water, shall be deemed guilty OF
thereof shalt be fined not less than ten (l0)
| dollars nor more than n hundred (1OO)
dollars, and may be imprisoned III the
county Jail not exceeding ninety (9O)
days.
SEC. 9. 1t shall be the duty of the pro-
prietor or proprietors of artesian wells
| constructed under the provisions of this
act, to keep all bitches and waterways in
good repair at all seasons of the year, and
for the purpose of making the necessary
repairs they shall have the right to enter
upon the lands where such bitches or
waterways are located, along the line
thereof, taking care that no unnecessary
age may be done shall be paid to the owner
of said lands; Provided, That whenever
said bitches or waterways have been IN
jured or put out of order by the acts OF any
person, or by the animals or stock OF such
person, it shall be his duty to repair the
same at his own expense. n no c0mpen-
sation for damages shall be recovered by
such owner.
SEC. 10. Whenever waterways or bitches
are located or constructed along any pub
lie highway, the water which may be flow
ing therein shall be for the use of the pub
lie; Provided, That when any owner or
occupant of lands adjoining or lying along
such highway desires to use any
portion of the water flowing in such
waterways or ditch, he shall make appli.:
cation to the proprietor or proprietors Of
said artesian we'll, for the use of said
water, and the adjustment of the amount
| of rental to be paid to said proprietor or
proprietors for the use of the same and the
terms and conditions therefor.
SEC. II. When any waterway or ditch
must necessarily be constructed across any
the highway along the same, permission to
construct the same may be obtained from
the %'county board of appraisal Of the COM
mon school lands" upon an application in
writing, duly verified, showing. the loca-
ton and character of such lands, together
with a proper plat showing the location Of
the proposed route across the same, and
the permission may be granted under such
conditions as shall be prescribed by them,
with the approval of the Board of Uni
versity and School Lands:
SEC. ~. Whereas, it is important for the
best interests of this State that the system
of irrigation provided for in this act should
be set in motion at once. to promote the
raising of crops during the coming season,
it is hereby declared that an emergency
exists,and that this act shall be in full
force and effect from and after its passage
and approval.
Approved March 6, 1891.
LOCATING BLIND ASYLUM.
iii. b. No. Hal