The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-17

, 1887; chapters 81, SO, 49, "a and 293 of the
e n 9laI laws OF the year 1895; chapter 328
~ LIE G o7H 900 Laws of the year 1897 and
81 M -, o SSS and 247 of the General Laws
OF the year 1893, and all other acts and parts
OF acts inconsistent with the provisions Of
TINS act are hereby repealed
Sec 20. That section thirrv-fve (351 Of said
CnaPter OF SAID act be and the same hereby is
amended by REMEMBERING same 90 that it shall
Sec. q. That said cbs1tor two hundred
~ my -s5ght tZoSl is hereby further amended
~ iuulng AFTER section thirty four (34) there
VI cLe ICtIoWlng sections. that is TO say:
Sec 35. Whenever It is desired to CON
struct ditch extending into or through part
or the whole of more than one county or. IL
eH'iLeIy Wltnln one county, the ditch is to be
SO located that il will probably result in ben
ent or damage, or both, to lands in and adj
Joining county or counties. then in either Of
Such cases, the petition required by section
TWO % OF said chapter shall be addressed and
presented to the judge of the district court Of
the district in which any one of such counties
is situated. Before such presentation, such
petition shall be filed with the clerk Of the
district court of the county in which such pro-
ceedings are commenced and a copy thereof.
ouIy certified by him, shall be filed with tho
county auditor of each of the counties where
are located.
Sec: &c. Upon presentation Of such petit
tion' the Judge shall fix time ard place for
the preliminary hearing which is provided for
in section two % of said chapter, in respect
OF presentation to the board of county COM
missioners, and the same notice thereof shall
De given. save that 1t shall be given by such
cIerk and shall be posted and published in
each county wherein copy Of such petition
shall have been fled
Sec. 81. Clon such hearing. If the judge
shall be satisfied that the requisite conditions
exist and have been complied with, he shall.
by order, direct a survey to be made as pro-
vided in section two (2) of said charter, and
shall appoint a competent and experienced
civil engineer to make the same and direct
a copy OF such order to be forthwith made
and transmitted by the clerk to suck engineer
and to the auditor of each county, described
pc taken by SUCH engineer as in section one
% Of this act and section four ~ Of said
chapter are provided. save that the filings
shall be with such clerk"
Sec. IS. AS soor as reasonably possible
after the filing of such report the judge shall
make an order appointing viewers, as pro-
Nided in section five % Of said chapter, and
the proceedings thereafter shall be as speci
fed in sections five (5) and seven CD of said
chapter, and section two 20 Of this act, save
mat the duties therein specified in respect Of
the board Of county commissioners shall be
performed by such judge. and those in respect
Of the county auditor shall be performed by
'dcnts Of any of the counties described in the
petition and that their jurisdiction shall ex-
tend throughout all such counties, and that
their reports shall be filed with such clerk"
Sec 50 Immediately upon the filing Of
such repor1. it shall be the duty of such clerk
20 prepare and transmit forthwith certified
copy thereof TO the auditors Of each of the
counties described IN the petition, and within
three t3) days after the hlirg Of such report,
to transmit to the judge OF such court writ
zen notice of the filing of such report. Upon
the receipt Of such notice the judge shall
make an order fixing the time and place of
bearing said petition and report. The same
notice thereof shall be given by the clerk as
Is provided in section eight C8) of said chap
ter in respect of the county auditor, save that
1t shall De published and posted in each coun-
ty described in the petition"
Sec. 40. At the time and place fixed for the
hearing, if the couort shall be satisfied that
notice thereof has been given according to law
he shall proceed as in section nine CO. of said
chapter"
Sec. Al. This act shall take effect and be
in force from and after its passage
Sec. %. This act shall take effect and be in
force from and after its passage.
Approved March IL, 1902.