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

Sec. ). Before entering upon his duties, such
engineer shall give bond in the sum Of two
thousand dollars $4,000, with good and sufti-
cient freehold sureties payable to the county
Cor to the respective parties. any two or
more of them) as the case may be- in which
any part Of the work is to be done, for the use
Of such county. counties, the case may
be, and also for the use of all parties who
may show themselves to be aggrieved or in
Jured by any negligence malfeasance on
his rart in acting such engineer; to be ap-
proved by the auditor of the county in which
the proceedings are commenced, conditioned
that he will diligently, honestly and to the
best of his skill and ability perform his du-
ties as such engineer. and shall take an oath
70 faithfully perform his duties
lie shall make a correct survey Of the line
- sd!u uIICh' dIaln creek or water course,
from its 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
Garth to be eXcavated and removed from said
ditch, drain, creek or water course between
each Of the one hundred foot stakes, and the
estimated cost per cubic yard for the removal
thereof, and shall sum up the total number
Of cubic yards Of earth TO be eXcavated and
removed for the entire length of such ditch.
drain. creek water course. and make an
estimate Of the total cost Of laying out, estab-
fishing and constructing the whole work Gin
Guiding branch bitches. If any, including all
preliminary and other expenses connected
herewith. and with the inspecting and cert-
tying 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
each one hundred foot stake or monument of
said ditch, creek or water course and he shall
specify the time far practicable, and
The manner in which the work shall be done:
and may for that purpose. set a different time
for completing the several contracts. and also
Tor completing any station or stations included
IN each contract. and shall have power, when
he nndS II necessary, to provide for running
said ditch under ground through drain tiles
or other materials, he deems best, by speci-
tying the size and kind of tile other mate
rial to be used in such underground work, and
shall estimate the cost of the a part
Of the total cost Of the work. In locating
public ditch, drain, creek, water course
the engineer may vary from the line describ4 ID
IN the petition or from the starting point
thereof, as he deems best; provided he COM
nence the ditch at or as near the point de-
Hcrihed in the petition as is reasonably prac-
ticable and follow down the line therein de-
TcribAd as nearly as practicable; and provided,
further. that he shall have authority to specify
such branch ditch bitches as, in his opin-
Jon. may he necessary to give owners of lands
likely to be assessed for the construction of
She main ditch the full benefit thereof; pro-
Nlded that such branch ditch or branch
bitches may either be opened at the
time and in the same manner as the main
ditch. or the engineer may only locate said
branch ditch bitches for future construc-
ton. In all cases in which the route proposed
IS along highways already established, the en-
Eineer shall locate the ditch at sufficient dis
lance from the center Of such highway to ad-
NIT of a good road along the central line there
or. The earth taken from the ditch shall be
so placed upon the roadway to form a turn
pike. which shall be provided with sufficient
ooSruct the natural flow Of surface water, in
time CT high water and no nearer to the
gin thereof than two feet; but in locating a
drain as above the engineer shall not mate
rally depart from the terminal points de-
scribed in said petition: provided further. that
when there is not sufficient fall in the length
Of the route described in the petition, to drain
the land adjacent thereto, when for other
reasons II appears eNpedient, he may shorten
or extend the ditch from the outlet named In
me petition far enough to reasonably effectu-
ate the purpose for which the work is extend
ca When, in his opinion, it will not be detri-
mental to the usefulness Of the whole work, he
shall. as far as practicable locate the ditch
on division lines between lands owned by diff
erent persons and he shall far practi-
cable, avoid laying the same diagonally across
lands; but he shall not sacrifice the general
utility Of the ditch to avoid diagonal lines"
Sec .. That section six (6) of said chapter
ot said act be and the same hereby is amend
cd so to read as follows:
Sec. All lands benefited by a public
ditch, drain or water course, and all public
or corporate roads or railroads so benefited. in
whole OF in part shall be assessed in proper
uon to the benefits for the construction there
Of whether said ditch passes through said
lands or along or near the line Of such roads.
railroad or not. and the viewers in esti-
mating the benefits to lands, roads rail
roads not traversed by said ditch shall not
consider what benefits such lands. roads or
railroads will receive after other ditch,
OF bitches shall be constructed but only the
benefits that will he received by reason of the
construction of the public ditch 1t affords
an outlet for the drainage. or prevents the
OVERLOOKING Of such lands, roads or railroads.
Sec. 3. That section ten 90 Of said chapter
Of said act be and the same hereby is amended
so as to real as follows:
Sec 10. When damages are awarded to any
person, persons or corporation in excess of
benefits. if any and the same shall have been
duly confirmed. the board of county commits
sioners Of each county in which any of the
lands for which such damages are awarded
are located, shall order the same paid out Of
the treasury of such county, or warrants to
be drawn and attested by the auditor and
signed by the chairman of the board. Such
warrants shall be issued at the expiration Of
the tr1e for repeal in favor of such persons
as shall not have appealed, and shall he dated
and become due and payable Immediately after
the letting Of the contracts hereinafter
provided In case of appeal or in case of any
postponement delay in determining the
amount Of damages due to any person or cor
poration. warrants in favor of such person or
corporation shall not be issued until the final
determination thereof. When the award is
confirmed by order of court. it shall he the
duty Of the clerk to Immediately transmit TO
the county auditor of each county AFFECTED
thereby certified copy thereof and likewise
Of any final order or judgment thereafter made
in the case of any appeal or jury trial; and
thereupon the duties shall devolve upon
the county commissioners and auditor as here
inbafore provided Whenever an award shall
have been finally confirmed, it shall be the
duty of the board of county commissioners of
tho county in which the lands, in respect of
which such award made, located, to
cause to be forthwith paid to the owner of
such property amount of damages over and
above all benefit which may have been award
ed therefor, with interest at the rate of per
cent per annum, from the date to which such
assessment relates to the date of such pay
ment If in any case there shall be doubt
10 who is entitled to the damage for land taken
such board may require of the claimant
bond, with good and sufficient sureties, to
bold the county harmless from all loss costs
and expenses, in case any person should there
after claim and show himself entitled to any
part of such damages"
Sec. 4 That section eleven I'D Of said chap
ter Of said act be and the same hereby is
amended as to read follows:
Sec. II. Any person corporation ag-
XRd ms an Orde OP
The board of county commissioners made in
The proceedings. and entered upon their rec
ords, determining either of the following mat
ters viz:
First-The amount Of benefits to any tract Of
land, or owner of any public or corporate road
or railroad
Second-The amount of damage allowed to
any person, or persons or corporation"
Third-Refusing to establish such proposed
ditch
To render such appeal effectual. the appel
liant shall file with the county auditor, within
and not after twenty GOD days from the date
such final order is issued, notice of appeal,
which shall briefly state the grounds upon
which such appeal is taken, accompanied by
appeal bond to the board of county commits
SiOnerS with at least two freehold sureties in
sn amount for not less than two hundred and
fifty (S250) dollars, to be approved by the
ditor of the county in which such appeal is
taken, conditioned that said appellant will
duly prosecute the appeal and pay all costs
that may be adjudged against him and to
abide the order of the court. Within twenty
900 days after such filing, the auditor shall
make a complete transcript of all the papers
and proceedings file and of record in his
Office far as the same pertain to the prem
ises or matter account of which the appeal
IS taken, together with the notice of appeal,
10 the clerk of the district court.
Any person deeming himself aggrieved by
such award order, both, may demand
larry trial to determine the amount of his ben
Gifts or damages on account of the construction
of such ditch Such demand shall be in writ