The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-19

Une CONSTRUCTION or Such dhtcn, lnclud1nS
the damages awarded therefor, are great
er than the utility of the proposed ditch,
or that the construction of such ditch Is
1mpracticable, for any reason, stating the
reason why 1t should rot be constructed.
Sec g. All lands benefited by public
d1tch, drain or water course, and all pub
nc or corporate roads or railroads so
penelted in whole or in part, shall be
assessed in proportion to the benefits for
the construction thereof whether said
hCch passes Through said lands, or along
or near the line of such roads or rail-
reads or not, and the viewers in estinn IT.
Ing the benefits to lands, roads or rail-
ROADS not traversed by said ditch shall
not cOnSide>- what benefits such lands
roads or railroads will receive after SOME
other ditch or bitches shall be constructs
cd, but only the benefits that will be
received pX reason of the construction
of the public ditch as it aG1rds an out
let for the drainage OF such lands, roads
or railroads
Sec. Z. Said viewess shall forthwith
hl9 with the county auditor a. report OF
all their doings and findings in detail,
including expenses and tine actual time
they were engaged. They shall in every
case completely perform every duty by
this act imposed upon them GeMcept in
case or a re-reference, as hereinafter
provided), within thirty days from the
cate OF their appointment; prOrIided, that
If The water be SO high, CIR the weather
so Indictment, or such llIpaVoh liable acct
dent occur as in the opinion of the board
or county commissioners to practically
oIlQ ISdSOIIdDly prevent Unen1 from so
DONG, the necessary delay caused there
by may be excused by such board: but
the report of said viewers must in such
Gu state the reason for such delay, and
II SUCH reason be not deemed sufficient
by the board Of county commissioners,
such viewers shall forfeit one-half of the
compensation hereinafter provided
Sec 9. Within eilrce days after the
IiiinS OF such report it shall be the duty
Of the auditor to call special meeting Of
the board of county c0nrnisti toners by
giving 10 each member thereof not mora
than tnrty-tve days notice, in the man
ner provided by law for notifying county
commissioners Of special meetings. Ha
snail also cause a notice of the time and
place OF such special meeting to be given
to al persons interested by publication
fO- three successive weeks prior thereto
in a newspaper printed and published in
saih county, ard by posting, at least
three weeks before such meeting, printed
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
dency of said petition and viewers report,
and of the time and place set for the
hearing thereof, which notice shall briefly
state substantially where said ditch conn
nences, a description Of the land through
which it passes, and where it terminates,
together with the names of the owners Of
the lands that will be affected thereby,
as the same appears In the report OF the
viewers; and within one week after be-
ginning such publication the auditor
shall mail a printed copy OF said notice
to all non-residents of the county named
in such viewers report as affected by
such proposed work, whose address Is
known to him, or cam be aScertained by
him by inquiry at the county treasurer
Office; provided, that in all cases IN
which, for any cause, said noUice Shall
not be given, or in amy case said nottca
shall be legally defective, the county a.u-
ditOr shall cause the same to be again
given, so that the petition may be heard
at another special adjourned CIR regular
meeting Of said board, which will occur
more than seven days after the expiration
of another notice by like publication
posting and mailing, as provided ID the
first instance.
Sec. 8. Said board of county commits
sfonerS at the time which may as afoTe-
said, upon such proper notice thereof,
be set for the hearing Of said petition
and report Cor at any time to which said
hearing may be adjourned from time to
time, as necessity may require, but not
otherwise, shall proceed to hear and
consider the salne and all persons Inc
tereSted may appear and be heard by
and before them. If said board, from the
report Of the viewers and such other evil
djence as may be adduc6d before them,
shall find that the viewers report and
all other proceedings in the matter have
been made and taken in accordance with
the provisions of this act, and that tha
estimated benefits to be derived from
the construction of said work, are great
er than its total cost, including damages
benefits have been duly awarded and as
sessed and that such report is completes
and correct, they shall by an order con-
tanning such findings establish such
ditch as specified in the report Of the civil
engineer, and establish and confirm 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
| have authority to remedy such defect
by re-reference to said viewers, II neceS-
pense of such re-reference, If any, to be-
assessed against the land DeneHted In
case of such re-reference the viewers
| shall proceed summary TO make ina
necessary corrections, and forthwith re-
port the same to said board OF county,
commissioners.
Sec. TO- When damages are awarded
| to amy person or persons or corporation
as provided by this act, in excess Of benz
efits, if any, the board Of county coIns
| missioners shall order the same to be-
paid out of the county treasury, on WAR
rants to be drawn and atteSted by me
auditor and signed by their cha1rmans
said warrants to be issued to the persons
or persons or corporations entitled there
peal, if mo appeal be takens and to be-
| dated and become due and payable I'M
| mediately after the letting of the CON"
tracts by the auditor, as hereinafter pro
| vided. In case of appeal, Such Warrants
| shall not be issued until the hna1 de"
| termination thereof; and IN case the pro-
ceedfngS had in relations to the laying
| out or establishing such ditch el1a1l pc
| declared void, and such proceedings set
| aside and vacated by the Judgment or
| anv court no such warrants shall be IS
| sued.
| Sec. II. Any person or corporation ag-
| grieVed thereby may appeal 1roln dLlyT
| order or Judgment of the board of county
| commissioners made in the proceedlh9Sb
and entered upon their RECORDS, oeteTLi%
| ming either of the following matters, VII
| First-Wtaether the BENEFITS to pc de~
| rived from the construction OF said dltcn
| arc greater than the total cost uaereoLs.
| including damages AWARDED.
Saccnd-The amount of benefits TO anyf
| tract OF land, or owner OF any pubic ON
corporate road or railroad
Third-The amount of damages aAioWe0f
IN .n V person or persons or corporation
Fvo11f.tl-Whether estimated benefits to-
each tract of land and To eacn PUBIC OF
: corporate road or railroad are greater
| than the actual benefits to be derived
| therefrcul.
The appellant shall file with the county
| auditor a notice OF appeal, Wh1ch SNAIL
| briefly state the grounds upon which sucA'
/ cnneal is taken; provided, that Such no.
| tice of appeal shall be filed WITHIN tWenIy
| DAYS after such final order or JudSlnelile
Of +he board Of county commissioners IS
made. and after the lapse OF twenty Gay 8
: no appeal can be taken. II an appeal
be taken the auditor shall WITHIN twenty
DAVIS after the notice of appear is nlea
make a complete transcript OF the pro-
ceedings had before the board OF county
commissioners, and certify and traneG1nG
the same, together with all the papers
filed in his Office pertaining TO Sucn pro-
posed work, including the notlce OF dpS
ne4aI +o the clerk of the district court
Sec. - If more than one party appeal,
the iudge of the district court may In
his discretion, order the cases to be con-
solidated and tried together; and in such
"a rlrla nTrfX "a n