The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1894-02-10

he approved by the clerk, he shall i'm
mediately present the petition to the
board of commissioners, if they be in
session, and if not in session, at their
first regular or special session there
after, who shall thereupOn order the
irrigation commissioners together with
the county surveyor, to proceed to view
the line of the proposed improvement,
and report, by actual view of the prem
ises along and adjacent thereto,
whether the improvement is necessary
or will be conducive to the public well
fare and report the best route for the
proposed ditch or canal; and they shall
report their finding in writing to the
board of commissioners, at time to be
fixed by said board, and the board shall
order the clerk to enter the same on
their record. If the board of com
missiOners find against the improve
ment they shall dismiss the petition
and proceedings, at the cost of the
petitioners. The irrigation commits
sioners and surveyor in their said
written report to the board of commits
siOners shall make schedule of all lots
and lands ana public or corporate roads
or railroads that will be benefited by
the improvement, together with the
name of the owner of each lot or tract
of land as the same appears upon the
tax duplicate at the time. If the board
find from the report that the legal title
to one half or more than one half OF
such lots or tracts of lands is not vested
in the United States government, and
if the board find from the report in
favor of making the improvement,
they shall cause to be entered on their
record an order directing the said irrl-
CATION commissioners with the county
surveyor, or an engineer appointed by
the board, to 90 upon the line described
in the order, and survey and level the
same. and set a stake at every one nun
dred feet and make report, profile
and plat of the same, and estimate the
number of cubic yards of earth Or other
substance to be removed, and the costs
per cubic yard for each working section
as hereinafter provided, and of each
section of one hundred feet, and for the
return schedule of all the lots and
railroads that will be benefited or
damaged by the improvement, and the
damage or benefit to each tract OF forty
acres or less, and appOrtiOn the number
of linear feet and cubic yards to each
lot, tract of land, road or railroad, in
proportion to the benefits or damages
which will result to each from the i'm
provement, and also make an estimate
of the cost of location and constr uct1On,
and appOrtion the same to each, and
specify the manner in which the i'm
prOvement shall be made and COM
pleted, the number of flood gates, water
ways, farm crossings, bridges and cul-
verts' and other matters necessary, in
Guiding the probable costs and dimen-
sions thereof, and note the county and
township lines and railroad crossings.
Sec 4-Provides for the filing of the
report and issuance of summons by The
clerk fixing day certain for the hear
ing; directing the owners, or owner. or
agent or tenant of such owner. OF any
lot or parcel of land not owned by the
government affected by the proposed
improvement, t. appear before the
board, which summons shall be served
at least ten days before the day fixed.
And also provides for notice by publ
cation to nonresident owners.
Sec. 5-Provides for examination of
report of irrigation commissioners by
the board, if proper notice has been
given If they find that the apportion-
ments, and all other things are fair
and just according to benefits they
shall approve and Confirm same. If
they find it unjust, in any respect, they
shall amend it upon the evidence, so as
to make it fair and just If necessary
the board shall 60 upon the premises
and by actual view apportion benefits
or damages.
Sec. 6-Provides for the filing of OBJ
jections by owners and requiring at
tendance of witnesses as in other cases,
and if any person or corporation feels
aggrieved may appeal to the district
court. which court may determine. first,
whether said canal will be conducive to
public welfare: second, whether the
route is practicable; third, whether
proper compensation has been allowed
for property appropriated: fourth,
whether the benefits have been prop
erly apportioned.
Sec. IF no appeal is taken, the
board shall fix day for the sale of the
construction of the improvements at
public Outcry, in sections of not less
than the number of linear feet appOr-
toned to each lot or separate tract of
land and cause notice to be given, etc.
The contract shall be let to the lowest
responsible bidder who shall give bond
in sum not less than double the esti-
mated value of the part bid off
Sec. S-No bid to be received which
exceeds the irrigation commissioners
estimate and any owner or owners.
having given notice before the day Of
sale, shall be allowed to construct that
part of the Improvement apportioned
to his land under the same conditions,
as any other contraction, and shall be
allowed therefor, the same cOmpensa
ton as would have been paid to the
original contractor
Sec. 9-Provides for assessments for
he naumanfS of cnnStructiO etc ME