Echo de l'ouest. [volume] (Minneapolis, Minn.) 1883-1929, 1901-04-19

their opinion, the Estimated expense OF
the construction Of such ditch, includina
er than the utility Of the proposed ditch.
or that the construction OF such ditch ID
impraeticable, for any reason, stating the
reason why 1t should not be constructed
Sec. g. All Lands benefited by a pubic
ditch, drain or water course, and all pub
lie Or ~eorporat 5 roads or. r a esd;, gge
assessed in proportion to the benefits for
the construction thereof. whether said
ditch passsss through said landI, or alony
reads Or not, and this viewers in eytim "
ing the benefits to lands, roads or rail-.
ROADS roa not rayerse by said s ditch IS ghaa
roads or railroads will receive after some
other ditch OF bitches shall be construct
ed, but only the benefits that will be
received by reason Of the construction
Of the public ditch as 1t affords an OUT
let for the drainage OF such lands, roads
or railroads.
Sec. 7. Said viewers shall forthwith
file with the county auditor a report Of
all their doings and findings in detail,
Including expenses and the actual time
they were eng,agsa They shall in every
this act imposed upon them (except in.
case, OF a re-reference, as hereinafter
provided)), within thirty days from the
date of their appointment; provided, that
If the water be SO high, or the weather
so l~nclelnent. Or such unavoidable acct:
dent occur as In the opinion Of the board
OF county commissioners to practically
and reasonably prevent them from SO
doing the necessary delay caused there
by may be excused by such board; but
the report of said viewers must in such
Gu G state the reason fuS such delay, ana
If SIX Il reason be not deemed sufficient
by the board Of county co1nmissioners
such viewers shall forfeit one-half Of the
compensation hereinafter provided
Sec 6 Within lhrce days after the
hiinss OF such report it stnall be the duty
Of the auditor to call a special meeting OF
l InG ODH1T. or cn11riy " oHY11 m Scin nro w
giving TO each member thereof not more
thAn tnrty-llve days notice, in the man
ner provided by law for notifying county
commissioners OF special meetings. Hs
shall also cause a notice of the time and
place Of ouch special meeting to be given
to al persons Interested, by publication
70: th1t.e successive weeks prior thereto
in a Newspaper printed and published In
said county, and by pdstirg, at least
copies thereof in three public" places In
each township where the proposed work
is located, and one at the door Of the
court house in said county. of the PEN
i deIDcy Of said petition and viewers report,
and of the time and place set for tho
hearing thereof, which notice Shall briefly
state substantially. where said ditch coans
which 1t passes, and where 1t terminates
together with the names Of the owners OF
the lands that will be affected thereby,
as the Some appears in the report OF the
viewers; and within one week after be-
ginning such publication the auditor.
shall mail a printed eopy of said notice
to all non-residerats Of the county named
in such viewers report as affected by
such proposed work.. whose address is
known to him, or cam be asoeTta1ned by
office; provided. that in all cases ~
which, for any cause, said notice shall
not be given. or In any case said noucs
ditor shall cause the game to be again
given, so thai the petition may be heard
at another special adjourned or regular
more than seven days after the expiration
Of anotler notice by Hike publication
posting and mailing, aus provided In the
first instance
Sec. g., Said board OF county oomnnis.
s%ioners, at the time which may aus afore'
said, upon such proper notice thereof
be set for the hearing Of said petltlon
and report Cor at any time to which sald
time. as necessity may require, but not
otherwdse), shall proceed to hear and
consider the same; and all persons IN
terested may appear and be heard BY
and before them. Ii said board, from the
report of the viewers and such other evil
dence as may be addueed before .thedl7
ali other proceedings in the matter have
been made and taken In accordaIlee with
the provisions Of this act, and that the
estimated benefits to. be derived. from
the construction Of said work, are great
en- than it's total cost, Including damages
awarded, end that such damages and.
sessed, and that such report IS complete
a ednineapG Such l''e fRn di1u;z Ds establish sneh
ditch as specified in the report OF the -c1Nl
engineer, and establish ana confEm the
Viewers report; provided, that in. case
the viewers report is found to be defec-
tive or erroneous in amy particular, the
board of county commissioners shall
rave authority to remedy SUCH deteet
by re-reference to said viewers, It neces-
sary, or otherwise, and 70 cause cn > * ~
a psnss 90 a sgeh gtt the land benefiteed In
casa of, such r~e-reference the viewers
nacassary corrections, and forthwith re-
mort the sa1ne to said board OF county
commissioners. - 80 =
Sec. 10. When damages are awarded
as provided by this act. In excess of ben
efts, If any, the board Of county conn
missioners shall order the same to Ds
rants to be drawn and attested by the
auditor and signed by their chairman;
said warrants to be issued to the person.
to at the expiration of the time for -ap-
peal. If no appeal be taken. and to Do
dated and become due and payable I'M
mediatelv after the letting OF the COM
trecta by the auditor, as hereinafter pro-
ytded. In case of appeal, slch warrants
shall not be issued until the ma n &c ae-
termination thereof pr ea;;a aira IN +e eaf The .li la1ing
oft or establishing such ditch ehall ene
/ declared void, and such proceedings, SET
aside and vacated by the 3uag11ehtl ~ , es
any court, no sucn "a11al1S @Aa1A
sued.
Sec. IL Any person or corporation ag.
grieyed thereby may appeal IRON ,aMy
order or Judgment of the board Oh e ai1,seS
ana entered upon their RECORDS, deleI!hs
ining either Of the following matters, VIZ
First-Whether the benefits to Pc a,t aS,
rived from the. construction Of said dltcn
are greater than the total cost thereoA'
Including damages AWARDED.
second-The amount of benefits TO any
tract OF land, or owner or any puoao W.
corporate road or railroad
Third-Thea amount of damages aaloWeS
RI n1y person or persons or corpoEatloIt
Fourth-Whether. estimated peneliis -
each tract of land and TO each pup nas+ ~ =.
l corporate road or ho raaiteat to be be derived
than the actual oeLleaiS saT4
The appellant shall file with the county
auditor a notice OF appeal, WHICH s.La1a
t1ietly state tst tine gT ppoVide sdpi chat 81 no:
tjcs Of appeal shall be filed within twenty
davs after such final order OF JuoeileiEs
CT the board of county comH trssntv da1vs
no %t appTat the auditor shall within twenty
DAVIS after the notice of appeal IS lne0
neadings had before the board Of county
commissioners and certify and trantNnis
the same, together with al the papT Gns
filed in his office pertal tha notice of am
pp@ @,1 TO the clerk of the district court
Sec. ~. If more than. one party appeal,
the fudge of the district court may, In
his discretioa' + oEder td me eayes and in IN such
case the rights of each party snail Pc
senarateay determined by the jury In It's
verdict. And in all cases OF appeal pro
vided the action of the commissioners be
snad in whora or in part, the lOca-