New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1895-05-22

or municipal court, to be dealt with accord
See; Z. That the total sum to be ex-
pended under the provisions Of this act
Tor such fatigue uniforms, overcoats, and
| not exceed the sum Of ten Thousand dollars
In any one fiscal year.
Sec s. The sum Of ten Thousand 100000
dollars, SO much thereof as may be
necessary be and is hereby appropriated
out of the general fund for the current
fiscal year and annually thereafter for the
I purpose OF carrying out the provisions of
Sec 8. This act shall take effect and be
In force from and after it's passage.
Approved March q 1895.
NO. 2o:-s. #. NO. PAS.
AN ACT to amend n n's Sections o4s three ~, 81.
g, nine 90, fifteen q5) and twenty two
| 29 of chapter ninety-seven go, General
Laws of Minnesota for one thousand
eight hundred and eighty-seven QSSD,
relating to drainage of wet lands
| Be it enacted by the Legislature of the
| State of Minnesota:
ter ninety-seven 90, General Laws Of
one thousand eight hundred and eighty
seven gssD be- and the same is hereby
amended, so as to read as follows:
Sec 8. And it shall be the duty of
the auditor thereupon to issue to said view
ers certified copy Of the petition and or
the time set in said order, with surveyor,
who shall be a civil engineer, and shall
make an accurate survey of the line of
it's source to it's outlet; and they shall
cause stakes or monuments to be set along
said line, numbered progressively down
stream, at each one hundred feet GOO;
and they shall make computation of the
number of cubic yards Of earth to be exca-
waited and removed from said ditch. drain
hundred 600 foot stakes and the esti-
mated cost per cubic yard for the removal
thereon, and shall sum up the total number
OF cubic yards Of earth to be excavated
and removed for the entire length of said
ditch, drain or water course, and an esti-
mate Of the total cost of Laying out, estab-
fishing and construction of the whole work.
And they shall, in tabular form, give the
depth OF cut, width at the bottom and
width at the top, at the source, outlet,
| or monument Of said ditch, drain or water
| course; and they shall specify the time and
manner in which the work shall be done,
and may for that purpose set a different
time for completing the several contracts
and also for completing any station or
stations included in each contract, and they
sary, to provide, for running said ditch
under ground. through drain tiles or other
| materials as they deem best, by specifying
the size and kind of tile or other material
to be used in such underground work, and
shall estimate the cost of the same as
part OF the total cost Of the work. And
l. they: shall file with their report an account
Of the names Of the laborers and the time
| each was employed by them and every
other item of expense by them incurred in
and about said work, and shall file their
reports with the auditor, after having sub
scrlbed and sworn to the same
Sec. 2. That section six 90 of said chap
ter be- and the same is hereby amended, so
as to read as follows:
Sec. =. In locating a public ditch, drain
or water course viewers may vary from
the line described in the petition as
the ditch at or near the point described
in the petition and follow down the line
therein described as near as practicable.
And provided, further, that they shall have
authority to establish such branch ditch
or bitches as may be necessary to give
owners OF lands assessed for the construc-
OF, provided, that such branch ditch or
branch bitches may either be opened at
the same time and in the same manner as
locate said branch ditch or bitches and
assess the benefits and damages to the
land through which said branch ditch or
, when the water draining through such
branch ditch or bitches may flow. In all
eases in which the route proposed is along
highways already established, the viewers
shall locate the ditch at sufficient dis
lance from the center of such highway as
to! admit q, ct good road along the central
line thereof; the earth taken from the ditch
shall be SO placed upon the roadway as to
form turnpike, and no nearer to the mar
gin thereof than two ~ feet; but in To-
eating DRAIN as above. the viewers shall
not materially depart from the terminal
points described in said petition; provided,
that when there is not sufficient fall in
ton to drain the lands adjacent thereto,
they may extend the ditch below the outlet
named IN the petition far enough not ex-
ceeding one-half 81 mile to obtain a sutIi-
cient fall and outlet, And when it VIII
not be detrimental to the usefulness of the
whole work they SHALL as far as practical
tween lands owned by different persons;
and they shall as far as practicable, avoid
laying t, the same diagonally across the
erai utility of the ditch to avoid diagonal
lines: And all persons whose lands may
pc af 15ee by said ditch, may, appear be-
county commissioners, at which hearing
may be had upon such matters and fully
express their opinion upon all matters per-
tanning therto.'' .
Sec. 3: That section nine t9) of said
chapter be, and the same is hereby amend
ed SO as to read as follows:
sec. = Said board of commissioners,
at the time set for the hearing of said
petition (which said hearing may be ad-
loufned from time to time} shall proceed
to to o, near the same. and if they find the
viewers report is made in accordance
with the provisions of this act and they
ma the proposed ditch to be of public lltil-
lty, or conducive to public health. or Of
pupllc benefit or convenience. and if they
nna from the face of the report. and the
evidence before them. that the estimated
benefits be to be derived from the construction
81,
including damages awarded, and that such
benefits exceed such damages in sufficient
amount to warrant the construction there
OF, they may, in their discretion establish
the same as specified in said viewers re-
port Provided, that in case tie viewers
report is found to be defective in any par
ucular. the county commissioners shall
have authority to remedy such defect and
cause the expenses thereof to be assessed
against the lands benefited"
Sec. 4. That section fifteen Q5) of said
chapter be and the same is hereby amended
so as to read as follows:
sSec Is. If a job is not completed With
IN the tice fixed in the contract, it shall
be the duty of the bondSnen to notify the
county auditor of that fact within FIVE
days after the expiration Of the time fixed
IN the contract. WheEeuDon the auditor
shall order said bondsInen to complete said
job. and they shall receive from the county
the amount due on such job OF part there
OF that they have SO completed The amount
Cue said b0ndsmen for such ditehin. shall
be determined by the county surveyor
The fees of the county surgeyor for such
services shall be paid our @0f. the money
due the original COM iactor, IT any, other
s. wise BY the bOndsnlen.s But the auditor
snay Tor good cause shown give further
time to any contractor. not exceeding one
year; provided, that a Job not completed
as hereinbefOr6 specified shall be resOId
by the county auditor after ten days. notice
by publication, to the lowest responsible
bidder. but shall not be sold for sum ex-
ceeding fifty (5a} per cent in excess Of the
estimated cost Of sueh work. nor second
tirae to the same party "A contract and
boili shall be entered into as hereinbefore
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