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

missioners and other officers relating
thereto, and providing for the drainage
ana repair OF the roads constructed I'M
der this act.
Be 1t enacted by the Legislature of the
State of Minnesota:
Section i. That the board of county COM
niisslonefs or any county in the State Of
minnesota may ut any session of such
BOARD cause any roud to be constructed
within their county wherever they shall
shall deem such road to be of public bene-
tit or utility.
Sec. .. That before the board of county
commissioners of any county shall establish
any road there shall be filed with the audi
TOR or SAD county petition, signed by the
owner or owners. of more than one-fourth
OF the land which would be liable to be
assessed for the expense Of the construction
OF the same, giving general description of
the proposed starting point, route and ter
minus OF said road; and one l) or more of
sucl petitions shall give bond with good
Mhn sufficient surctlcs' payable to the
county, to be approved by the auditor, con-
GitiQned to pay all expenses in case the
honrd Of county commissioners shall fail
to establish said proposed road. 1t shall be
the duty of the board Of county commits
sioners 1T their first general or special
meeting held after such petition shall have
been flied with the auditor, to appoint one
~ Of their number, together with two (2)
resident frcehoiders of said county not in
tCrcSted in the construction of the proposed
road and not of kin to any parties inter-
CSted therein, as viewers. and also a COM
p'''IlL tiNlI engineer TO survey said pro-
posed line OF road as herein provided
see :. The county auditor of said coun-
~ shall thereupon issue to said viewers q
Certilled copy of said petition and the or
der appointing them as viewers, and they
snail proceed, with the engineer appointed,
as provided in the preceding section, to
make complete survey of the line of the
proposed road, and of any ditch or bitches
or drains already constructed, of any
water course the line of such proposed
road And they shall set stakes or monu-
lnents at each one hundred Q0O feet on
the line of such road, ditch or bitches; and
they shall estimate the number of cubic
%HlHS Of earth to be placed on said road
between each one hundred QCO) foot stakes
and III each case the estimated cost thereof.
They shall also specify the width the
top and at the bottom of the embunkment
or excavation, and the depth of cut OF ill,
as the case may be, at each one hundred
COO foot stake along the line of such road,
or said ditch, or bitches. They shall re-
port all lands actually damaged by such
road and ditch or bitches. and the esti-
mated amount Of damages 10 each tract,
giving Il description thereof. and the names
of the owners, rs far as they can; and
also n description of all lands benefited by
said read or Gij"h or bitches lying within
one o. mile OF The center OF said road, and
estimated amount that each OF said
tracts uf land will be benefited. They
sHail also make an eStimc &c Of the entire
COST Of the construction of such road. and
dhch or bitches as herein provided. and Of
the damage caused thereby, furnish to and
!it.' with fhr county auditor an itemizcd
recount Of their expenses. with any rec
concentration they may deem pertinent, Mt
least thirty 60, days before The next regu-
lar or special session of said board of COM
miSSlnn"rS.
S'rr /. Such road shall be at least four
a. rods wide, and the central portion there
Of shall. when necessary to make Il good
road. he tUrnpikcd and drained in such
manner u& the viewers and engineers may
determine and recommend.
Srr. >. Such road may run across
over. any other road already constructed
or aNon' same for any distance when nee
easHrv
See 6. When the auditor receives such
report he shall set a time for hearing said
petition and report, which shall be at the
next regular OF special session Of said
board Of commissioners, held not less
than thirty c'OI days after thn hlng
of said report; and it Shall be the dutY Of
the auditor to cause a notice to be given,
by publication, for three CD successive
weeks in Il newspaper printed and publish
ed in said county, and by posting printed
copies thereof in three ca public places in
each township where the proposed road is
located and ono ~ at the front door Of
the court hons" in said county. of the hear
ing of said petition and report and of the
TIME set for the hearing thereof which no.
ticc shall briefly state where such road
commenced, its route and terminus. to-
Ccthcr with the names of the owners of
lands lying within one IL mile from the
crutcr of such proposed road on either
side thereof. and the names of owners OF
Land benefited by any ditch or drain which
said viewers and engineer report necessary
to make in the laying out and construction
Of said road said names of owners i'll both
cases to be the same as appears in the
county tax duplicate of said county, and
description of the land damaged by said
road or bitches, as appears in the viewers
report. After hearing said report the coun-
~ commissioners may establish said road,
ditch or bitches, and may, in their discre
tinn. advertise and let the work as pro-
vidcd in section ten (lO of this act
The provisions of sections four a.. five
o.. nine co. eleven 0D. twelve l12. thir-
teen nM, fourteen GA. fifteen 15l. sixteen
GGl. seventeen ~, eighteen 1Sl and nine
teen ti1 Of this act shall apply to any road
or ditch constructed as provided in this
EcctiOn.
Sec l. If. upon said hearing the board
of commissioners find such proposed road
will be public benefit or convenience and
practirnbl". they may, i'll their discretion
establish the same as specified in said
viewers report, and said commissioners
may at said hearing modify the report Of
the viewers to benefits assessed or dam
ages allowed, increasing or diminishing the
eA.M" or review any other matter >con-
uccjrl herewith, aud call witnesses or
view the premises at their option.
Sec $. Any person or corporation ag-
gvpved may appeal from any final order or
Judgment Of the board Of commissioners
made in the proceedings and entered upon
their record determining either of the fol-
lowing matters, viz:
tHrSt-InC amount Of damages allowed
to any person or corporation.
S"r"nd-Whether where bitches are con-
structed the estimated benefit to each tract
OF laWl is greater than the actual benefits
to be derived therefrom.
SAID appeal shall be taken and prose-
cuted in the manner provided for appeals
under the general Drainage law of eighteen
chapter ninety-seven 60 of the Laws Of
eighteen hundred and eighty-seven uSST,
SO far as the same may be applicable.
Sec. .. When damages are awarded to
any person or persons or corpora tiOnS. as
provided by this act, the board of co1u-
miSsoners shall order the same to be paid
OUT OF the county treasury on warrants to
be issued to the person or persons or the
corporations entitled thereto. and to be
dated and become due and payable imme-
diatcly after the letting of the contracts
by the auditor. as hereinafter provided.
and in case the proceeding had in relation
to the laying out or establishing such road
Shall be declared void and such proceedings
set aside and vacated by the judgment Of
any court prior to the letting of the con-
tract by said auditor, all such warrants
Shall tnereupon become null and void and
shall be returned to the auditor for can
collation..
See, 10. When such road is established
and damages settled the auditor shall at
once advertise for bids for constructing
sal! road. and any ditch or bitches or
drains which may be necessary to drain
drains may run along or away from said
road to connect with any other ditch or
bitches already constructed OH into any
water coursel. In sections as the commits
sioners may order, in some newspaper
printed and published in said county for
three (3 consecutive weeks, and shall,
within thirty 900 days from the time said
road Is finally established, let said work
20 the lowest bidder who can furnish good
and sufficient bond, in double the amount
Of his bid. which bond shall be condi-
toned to pay all damages sustained if said
work is not done as specified or within the
times snpcifipd which time shall ba oc shorr