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

BILE or not, and they may widen, deepen,
straighten and change the channel OF
amy creek, river or other natural water
course, whether ~navigable and Wneealsr
U c creek, river or other water course
by means Of dykes, levees and enlAank
IneI1ts to Its natural or artificial PED, as
aid out Provided; that when IN any
creek, river or other water course are
diverted from their natural bed by such
artificial ditch Or drain. such ditch or
drain shall as nearly as practicable fol-
low the general direction Of such creek,
river or Water course, and terminals
therein.
Sec. 2. Before the board Of county
commissioners shall establish any ditch
with the auditor of such county a peti;;
ton signed by one or mere of the land
owners whose lands will be liable to be
affected by or assessed for the expense
Of the construction Of the same, setting
forth the necessity thereof. with a de-
scriptlon of the proposed starting point,
route and terminus; and one or more of
good and sufficient freehold sureties, pay
able to the county. to be approved, in
Guiding amount and sureties, by the au-
ditor. Conditioned to pay all expense. in
or the court shall fail to establish said
proposed ditch. d~ain or water course.
Notice Of the filing Of said petition. and
C1 LllS CfI1lG dilu pace OIL. Ills ltCdIiUS 70
be had thereon, shall be given by the
auditor to all persons Interested, by
causing a cep Of such petition, preceded
by q statement Of the time and place set
for three successive weeks in a news
paper printed and published in said
county, and by posting, at least three
weeks before u hearing, printed copies
township where the proposed work Is To-
Gated. and one al the door Of the court
house in satd county, and at the same
copy of said notice to all non-residersts
Of the county whose lands lie Within two
miles on either side of the route specified
In the petition whose addreas is known
to him or can be ascestained by inquiry
ait the county ~traasurer's office. Provided,
that in all cases In which, from any
cause, said notice shall not be given, or
in case said notice shall be defective, the
county auditor shall cause the same to be
given so that the petition may be- heard
at the next ~sessian CT said board, AFTER
the expiration Of such, or amy new,
board shall be satisfied that all Of the
foregoing conditions nave been complied
with, they shall cause ain accurate SUIT
vey OF the line of such proposed ditch,
its sources to it's outlet. to be made by a
competent and experienced civil eng1'
neer, to- BIG appointed by them by refsolu,
ton to that effect The auditor shall
LHTC1WJEl III alkSIilDL " SuClI 0lLoAAHS~" -
certified copy of such resolution
Sec. 3. 1t shall be the duty of such en-
ginesr, after taking an oath to Faithfully
perform his duties, to make an accurate
survey of the Line OF said dutch, drain,
creek OF water course from its source
to its outlet; and he shall aus stakes
or monuments to be set along said line,
numbered progressively down stream, at
each ONE hundred feet; and he shall make
a computation Of the number OF cubic
yards of earth to be excavated and re-
moved from said ditch, drain, creek or
water course between each Of the one
hundr ed foot COTS axe TX IS and nd The he es 1san1ats7
thereof, and shall sum UP the total NUM-
Der of cubic yards Of earth to be exca-
waited and removed for the entire length
course, and make an estimate of the to:
tai cost of laying out, establishing and
constructing the whole work C~hncluding
branch bitches, If any, including all pre-;
Herewith, and with the Inspecting and
certifying to the work when and as the
Same is completed. He shall also. II
tabular form, give the depth ssa1 Of CUT 1
the source, outlet, and at a one hum:
| dred foot stake or monument Of SAID
ditch, creek or water course; and ne
shall specify he time,. so far as practi-
shall be done; and may for tlfat purpose
set a !iffercnt time for completing tha
several contracts; and also for cornplesf'
ing n station on stations included d, II
when he finds it necessary to provide
for running said ditch under ground
through drain tiles. Or other mat srtaIs
as he deems best, by specifying the SIG
| used in such underground work, enc
| shall estimate the COST of the same as 9
part Of the total cost IT. Of the work eqass IL
water course, the engineer may vary
from the line described in the petition
or from the starting point thereof, as Ine
deems best; provided, he commence tn1
ditch at or as neal the point described II
the petition as is reasonably practicaple
and follow down the line therein de
scribed as nearly as practicable; an6
thority to specify such branch ditch o.
bitches as, in his opinion. may be neces
sary to give owners OF lands likely to be
assessed for the construction OF the man
that such branch ditch or branch bitches
| may either be opened at the same time
and In the same. manner as the 1nali
ditch, or the engineer may Only tocauf
construction. In all cases in which tn
/ route proposed is along highways already
| established, the engineer shall locate thf
ditch at sufficient fa hdat distance "a &c ,d drnin Of en Y
| good road along the central line thereof
| the earth taken from the ditch shall b.
so placed upon the roadway as to form s
/ turnpike, which shall bs provided will
ings so. as not to obstruct the natura
| flow of surface water In times OF mgr
water, and no nearer to the nargll
drain as above the engineer shall no
materially depart from the ter1nina
points described in said petition; pro
Mded further, that Whe9 there Is no
scribed in the petition to drain the LAM
adjacent thereto, or when for other rea
sons it appears expedfent, he may shorter
or extend the ditch from the ouale
sonably effectuate the purpose for which
the work is extended. When, In hi
opinion, it will not be detrimental to tn
as nso far as practicable. locate the ditch o.
division lines between lands owned b!
different persons; and he shall, as TAR a.
practicable, avoid laying the same dag
onally across the lands; but he Shall no
sacrifice the general utility Of h ditcl
to avoid diagonal lines
Sec. 4. He shall thereupon make a de
tailed and complete report of his doings
and submit Herewith the necessar!
plans and Specifications n a descrip
ton OF the lands over which the ditcl
Is surveyed. Such report shall give tn
names of assistants and laborers and thE
time each was employed by or under MIN
and every other item OF exneonse by nun
incurred In and above said work, an
he Shall forthwith file such report with
the auditor, after having subscribed ant
sworn to the same.
Sec. 8. At the first regular or specia
session of said board Of County commits
sfoEers after the filing of such report
or such time thereafter as may be ap
pointed by them, not later than ten Go
DAYS thereafter, said board shall make
an order appointing three (3) residen'
freeholders Of the county not interested
In the construction of the proposed werl
and not of kin to any parties known t.
be interested therein, as viewers. to NEE
at a time and place specified by sait
board, and not more than ten days dis
tant, preparatory to commencing thel
Duties as hereinafter specified. 1t sinai
be the duty of the county auditor there
upon to issue to said viewers a certified