The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1901-04-20

course, whether navi gable and whether
naeandered or. not, and may conf1ne any
such creek river or other water course
by means Of dykes, levees and en1bank-
neilts to Its natural or artificial bed, as
laid out Provided that when In any
such proceedings the waters Of any
creek, river or other wafer course are
diverted from their natural bed by such
artificial ditch or drain, such ditch or
kow the general direction of such creek,
therein - = -
Sec. 2 Before the board OF county
drain or water course, there shall be filed
with the auditor OF such county pet.
tlon signed by one or more of the land
oWners whose lands will be liable to be
OF the conservation of the same. setting
forth the necessity thereof, with de-
scription of the proposed starting point.
such petitioners shall give bond, with
good and sufficient freehold slrreties, pay
aDls to the county, to be approved, in
d1tor. conditioned to pay all expense, in
case the board of county commissioners
or the court shall fail to establish said
Notes Of the iag a1 OF s ol paten and
on Ghe TIME ana pGace cf the nearing to
De had thereon. shall be given by the
audStor ITO all persons Interested. by
causing a copy Of such petition, preceded
by statement Of the time and place set
for the hearing thereof, to be published
n LOT three x;n successive weeks in news
county, and snd by pesting at least three
weeks before such hearing, printed copies
thereof In three public places In each
GATED, and one at the door Of the Court
house Ii said county, and at the same
tim,se, the auditor shall mail a printed
Of the county whose lands lie Within two
miles ON either side Of the route specified
IN the petition. whose addrd4s is KNOWN
at the county treasurer's Office Provided,
that In all cases in which, from any
g; cause, SAID notice shall mot be given, or
county auditor shall cause the same to be
gwen SO that the petition may be heard
ct the next session Of said board, after
me {1gea ez paas' Of such. or any new,
board shall be satisfied that all OF the
foregoing conditions have been complied
wath7 they shall cause an accurate SUI
draan, creek or other water course from
competent and expsrieanced civil engi-
ton to 20 That e3ec = he s and RS Fa s1ai
forthwith transmit to such engineer q
certified copy of such resolution.
Sec. 8. It shall be the duty Of such en-
perform his duties, to make an accurate
survey OF the Line of said dutch. drain,
creek or water course, from it's source
to its outlet; and he shall cause stakes
or monuments to be set along said line,
numbered progressively down stream, at
each one hundred feet; and he shall make
computation of the number OF cubic
yards of earth to be exeavated and re-
moved from said ditch, drain, creek or
water course between each of the one
hundred foot stakes, and the estimated
thereof, and shall sum UP the total mum
Der Of cubic yards Of earth to be exca-
waited and removed for the entire length
OF such ditch, DRAIN creek Or water
tai cost OF laying out, establishing and
constructing the whole work Qncluding
branch bitches, II any, including all pre-
herewith, and with the inspecting and
certifying to the work when and az the
same Is completed He shall also, in
width at bottom and width at top, at
the source, outlet, and at each one hun
dred foot stake or monument of said
dltGh' s creek or Water Ea course; and he
cabl2, and the manner in which the work
shall be dome; and may for that purpose
| set a different time for completing the
| several contracts; and also for counplet-
ing any station or stations included in
each contract, and shall have power,
! when he, finds It necessary, to provide
through drain tiles. or other mat s-ials,
as he deems best, by specifying the size
ana Kind CT tile or other material to be
shall estimate the cost Of the Same as a
| part Of the total cost Of the work. In
locating a public ditch, drain, creek or
ron 6a ga the n I'M may ,xay
| or from the starting point thereof, as he
deems best; provided, he commence the
ditch at or as near the point described In
the petition as is reasonably practicable,
and follow down the line therein de-
scr1bed as nearly as practicable; and
provided, further, that he shall have au-
| thority to specify such branch ditch or
bitches as, In his opinion may be neces-
sary to give owners Of lands likely to be
assessed as: for the construction Of the main
that such branch ditch or branch bitches
| may either be opened at the same time
and in the same. manner as the main
ditch or the engineer may only locate
construction. In all cases in which the
route proposed lis along highways already
established, the engineer shall locate the
center of such highway to admit of
good road along the central line thereof;
the earth taken from the ditch shall be
turnpike, which shall be provided with
} sufficient and suitable culverts or open
tngs SO as not to obstruct the natural
flow OF surface water in times of high
water, and no nearer to the margin
thereof than two feet; but in locating
drain, as above the engineer shall not
pon dsgo de in ff saa p 9as ser1al
vided further, that when there ie not
sufficient fall In length of the route de-
scribed in the petition. to drain the land
adjacent thereto, or when for other rea-
sons it appears expedfent, he may shorten
or extend the ditch from the outlet
named In the petition far enough to rea-
the work is extended. When in his
opinion, it will not be detrimental to the
usefulness of the Whole work, he shall,
division lines between lands owned by
different persons; and he shall, as far as
practicable, avoid laying the same dag
onally across the lands; but he Shall not
to avoid diagonal lines.
Sec. 4. He shall thereupon make a de-
tailed and complete report of his doings
ton of the lands over which the ditch
Is surveyed. Such report shall give the
names OF assistants and laborers and the
time each was employed by or under him,
and every other item of EXPENSE by him
incurred in and above said work, and
he shall forthwith file such report, with
the auditor. after having subscribed and
sworn to the same.
Sec. s. At the first regular or special
session Of said board Of county commits
sioners after the filing of such report
or such time thereafter as may be alp.
days thereafter said board shall make
an order appointing three (3) resident
freeholders Of the county not interested
In the CONSTRUCTION of the proposed work
and not Of kin to any parties known to
be interested therein, as viewers, to meet
at a time and place specified by said
board, and not more than ten days dis
tant, preparatory to commencing thedr
duties as hereinafter specified. It shall
be the duty of the county auditor tl1esre-
upon to issue to said viewers certified
the board Of county commissioners, and
viewers. after taking the oath to faith
fully perform their duties, shall proceed
at the time set In said order, with said
civil engineer, and shall in tabular form