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

er than the utility OF the proposed ditch,
E OF rhat the construction OF such ditch II
impractbcable. for any reason, stating the
reason why 1t should rot be constituted.
Sec. g.. All lands benefited by pubic
asten, drain or water COURSE, and adj pub.
&c or Corporate roads or railroads 80
assessed In proportion to the benefits for
the construction thereof, whether said
ditch passes through said lands, or along
eead hea Or me noe ns a 1f such roads rail-
I ing the benefits to lands, roads or radss
poads not ;tlaversed by said ditch shall
nor not a. consider what benefits SUCH lands,
roads or railroads will receive after some
osaeE ditch or bitches shall be construct
ca, gut only the benefits that will be
ascelved py reason Of the construction
let foT the drainage OF such lands, roads
Sec. =. Said viewers shall forthwith
an t Waen the county auditor a report Of
including expenses and hhe actual time
they were engaged They shall ia every
thfs a eoInR Inny perform every duty by
case OF a re-reference, as hereinafta.
ProVlded1, within thirty days from the
aaIs OF their appointments; provided. that
IL Il S ne, water De 30 high, or the weather
cent occur as In the opinion Of the board
OF county commissioners to practicallv
ana reasonably prevent them from 50
gong the necessary delay caused there
bV may be excused by such board; but
the report of said viewers must in SUCH
eaie 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 liiree days after the
fling OF such report ii shall be the duty
81 the auditor to call a special meeting cs
the board of county commissioners, by
giving co each member thereof not more
4 -f1ypA a. ,xncbr
ner provided by Law for notifying county
commissioners of special meetings He
sha!l also cause notice OF the time and
place OF such special meeting to be given
to al persons interested, by publication
TO: three successive weeks prior thereto
In q newspaper printed and published In
f fhrae county COUNTY and by pssting at least
coplcs thereof in three public places In
each township where the proposed work
is located, and one at the door Of the
derncy Of said petition and viewers report,
and of the time and place set for the
hearing thereof, which notice Shall briefly
mences, a description Of the land through
which It passes, and where it terminates,
together with the names Of the owners Of
as the same appears in the report Of he
viewers; and within one week after be-
ginning such publication the auditor
snail fm IL, man a printed copy OF said notice
In such viewers report as affected by
such proposed work, whose address is
known to him. or can be ascertained by
him by inquiry at the county treasurer
ONCE; provided. that in all cases in
Which, for any cause, said notice shall
not be given, or in any case said notice
Shall be legally defective the county au-
ditor shall cause the same to be again
given, 50 that the petition may be heard
at another special adjourned or 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 in the
first instance.
t. Sec. 8. Said board OF county commits.
said, upon such proper notice thereof,
he set for the hearing >of said petition
ana report tor at any time to which said
hearing may be adjourned from time to
Time, as necessity may require, but not
otherWuse), shall proceed to hear and
consider the same; and all persons in
terested may appear and be heard by
and before them. If said board, from the
report of the viewers and such other evil
dence a4s may be adduced before them,
SHALL md that the viewers report and
all either proceedings In the matter have
been made and taken In accordance with
the provisions OF this act, and that the
estimated benefits to be derived from
the construction Of said work, are great
awarded, and that .sdche damages @and
benefits have been duly awarded and as
sessed, and that such report is complete
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 ana confirm the
the viewers report IS found to be defec-
tive or erroneous in amy particular, the
board of county commissioners shall
by re-referencs to said viewers, il neces-
sary, or otherwise, and to cause the ex-
pense Of such re-referenee If any. to DO
case Of such re-reference the viewers
Shall proceed slmrnari1y to make the
necessary corrections, and forthwith re-
port the same to- said bosrd Of county
Sec 10. When damages are awarded
to amy person OF persons or corporation,
as provided by this act. In excess Of ben
etits, If any. the board Of county COM
nliSsionens shall order the same to be
paid out Of the county treasury, on war
rants to be drawn and atteSted by the
auditor and signed by their chairman;
said warrants to be issued to the person
or persons or corporations entitled there
TO- at the expiration Of the time for ap
peal, if NO appeal be taken, and to be
mediately after the letting of the con-
tracts by the auditor, as hereinafter pro-
vided. In case Of appeal, such. warrants
termination thereof: and In case the pro
ceedings had in relations to the laying
out or establishing such ditch rhall be
asas and yo 1aa ad by e Of
any court, no such warrants shall be is
sued.
Sec. II. Any person or corporation ag-
grieved thereby may appeal from amy
commissioners made in the proceedings,
and entered upon their records, determs
lining either Of the following matters, WIS
First-Whether the benefits to be de-
rived from the construction Of said ditch
arc greater than the tota! cost thereof,
including damages AWARDED.
Seccnd-The amount of benefits to any
tract OF land, or owner OF any public or
corporate road or railroad
Third-The amount of damages allowed
to ~ v person or persons or corporation.
FouTth-Whether estimated benefits to
each tract Of land and to each public or
corporate road or railroad are greater
than. the actual benefits to be derived
therefrCm-
The appellant shall file with the county
auditor a notice OF APPEAL, Which shall
kIietly state the grounds upon which such
appeal is taken; provided, that such no.
tice Of appeal shall be filed within twenty
days after such final order or Judgment
OF the board Of county commissioners IS
made; and after the lapse Of twenty days
no appeal can be taken. II an appeal
be taken the auditor shall within twenty
days after the notice of appeal is filed
make a complete transcript of the pro-
ceedings had before the board Of county
ana GETTY 4al ~, an a. er az ns
filed in his Office pertaining to such pro-
posed work, including the notice Of ap-
peal, to the clerk Of the district court
Sec. IL. II more than one party appeal,
the Judge Of the district court, may, In
his discretion, order the cases to be con-
soltdated and tried together; and in such
case the rights Of each party shall be
separately determined by the jury in its
verdict. And in all cases of appeal, pro-
vided the action of the commissioners be
sustained, in whole or in part the loca-
ton and establishment Of such ditch to
such extent shall be ordered by. said
court, and the court shall, in such order,
fix as near as may be the time when the
auditor shall give notice for the letting