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

SLralgnten ana change the channel of
any creek, river or other natural water
course, whether navigable and whether
meandered or not and may confine any
such creek, river or other water course
by means of dykes, 1evees and errlbank-
ments to it's natural or artificial bed, as
laid out Provided: that when in any
such proceedings the waters Of any
Creek, river or other water course are
diverted from their natural bed by such
artificial ditch or drain. such ditch on
drain shall as nearly as practicable fol-
how 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,
drain or water course, there shall be filed
WITH the auditor of such county a petit
tlon Sagned by one or more OF the land
owners whose lands will be liable to be
AFFECTED by or assessed for the expense
or tle construction of the same, setting
forth the necessity thereof with O. de-
scription of the proposed starting point
route and terminus; and one or more of
SUCH petitioners shall give bond, with
good and sufficient freehold sureties, pay
Apte 10 the county, to be approved, in
Guiding amount and suretieS, by the au-
dhtor, conditioned to pay all expense, in
case the board Of county commissioners
or the COURT shall fail to establish said
proposed ditch, drain or water course
Notice of the filing of said petition, and
Oh ule Time and ptace OF th9 nearing to
be had thereon. shall be given by the
causing copy of such petition, preceded
by statement of the time and place set
Tor the hearing thereof, to be published
for three successive weeks in q news
paper printed and published in said
county, and by posting, at least three
weeks before such hearing, printed copies
thereof in three pubic places in each
township where the proposed work is To-
Gated, and one at the door of the court
house in said county, and at the same
time the auditor. shall mail printed
copy OF said notice to all non-reStdents
OF tho county whose lands lie Within two
miles on either side of Ghe route specified
In the petition whose aqdrdas lis known
to him Or can be ascertaiHed by inquiry
ait che county treasurer 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
ait the next session OF said board, after
the expiration of such, or amy new,
three weeks publication Whem said
board shall be satisfied that all of the
foregoing conditions have been complied
with, they shall cause am accurate SUR
Wey OF the line OF such proposed ditch,
its source to its outlet, to be made by a
competent and experienced civil engi-
neer, to be appointed by them by reiaolu-
ton to that effect. The auditor shall
forthwith TRANSMIT to such engineer a
certified copy OF such resolution.
Sec. 8. 1t shall be the duty OF such en-
gineer, after taking an oath to faithfully
perform his duties, to make an accurate
survey Of the line of said ditch, 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
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
h 6lurC0d
cotat per cubic yard for the removal
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 Including
branch ditChes if any, including all pre-
Mminary and ether expenses connected
Herewith, and with the inspecting and
certifying to the work when and as the
same is completed. He shall also, in
tabular form, give the depth of cut,
width at bottom and width at top, at
the source, outlet, and at each one hum
dred foot stake or monument of said
ditch, creek or water course; and he
shall specify the time, so far as practi-
cable, and the manner in which the work
shall be done; and may for that purpose
set a !iffercISt 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 1t necessary, to provide
for running said ditch under ground,
through drain tiles, or other materials,
as he deems best, by specifying the size
and kind of tile or other material to be
used in such underground work, and
shall estimate the cost of THE same as a
part of the total cost Of the work. In
locating a public ditch, drain, creek CIR
water course, the engineer may vary
| from the line described in the petition,
or from the starting point thereof, as he
ditch at or as near the point described In
the petition as is reasonably practicable,
and follow down the line therein de-
scribed 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 IandE likely to be
assessed for the construction of the main
ditch the full benefit thereof; provided,
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
said branch ditch or bitches for future
construction In all cases in which the
route proposed lis along highways already
established, the engineer shall locate the
ditch at sufficient distance from the
center Of such highway to admit Of a
good road along the central line thereof;
the earth taken from the ditch shall be
so placed upon the roadway as to form a
turnpike, which shall be provided with
sufficient and suitable culverts or open
ingS 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 a
drain as above the engineer shall not
materially depart from the terminal
| points described in said petition; pro-
vided further, that when there is not
sufficient fall i'm length of the route de
scribed in the petition to drain the land
| adjacent thereto, or when for other rea-
sons it appears expedient, he may shorten
or extend the ditch from the outlet
named in the petition far enough to rea-
sonably effectuate the purpose for which
the work is extended. When in his
opinion, it will not be detrimental to the
usefulness of the whole work, he shall
! as far as practicable, locate the ditch on
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
sacrifice the general utility Of the ditch
to avoid diagonal lines.
Sec f. He shall thereupon make a de-
tailed and complete report Of his doings,
and submit Herewith the necessary
plans and specifications and a descrip-
ton of the lands over which the ditch
is surveyed. Such report shall give the
names of assistants and lalborers 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. 5. At the first regular or special
session Of said board of County commits
sioEers after the filing of such report,
or such time thereafter as may be APP
pointed by them, not later than ten QO)
days thereafter, said board shall make
an order appointing three 81 resident
freeholdeTs 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
ntn1-1