New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-24

shall also accompany said petition with
bond to the county. in case OF county
ditch and to the respective counties in
case of q judicial ditch, for the beneht
of such county or counties and OF all
an amount to be fixed and with securities
to be approved by the county auditor IN
the case of a county ditch and by tne
toned to pay all damages that may pc
awarded or assessed, and all fees and
expenses that may be paid or Incurred in
the proceeding under said petition.
Sec 81 The county auditor in case of
a county ditch and the clerk of the dis
trict court in case of a judicial ditcn
and bond, fix time and place for the
hearing Of said petition not more than
forty (4O) nor less than fifteen d5) days
ten tenn doS SD days before said hearing, a copy
of such petition preceded by a statement
of the time and place set for such hear
public places in each township where the
proposed ditch Is located and shall be
served on all persons and corporations
named in said petition, who are residents
of the state, and upon the persons, if any,
actually occupying any tract of land de-
scribed in the petition, which belongs to
persons or corporations that are non-resi-
dents of the state, in the manner pro
vided by law for service of summons IN
district court, and shall be mailed TO al
persons and corporations named in said
petition, who are non-residents OF the
state, and whose address can be obtained
by inquiry at the Office of the county au-
dtor, or at the office Of county treasurer
of the respective county or counties.
n Sec. IS. If, upon the hearing, the court
or board Of county commissioners, as the
case may be, shall find the PROPOSED
ditch of general and public utility, or
beneficial to the public health, 1t snail
appoint three 90 disinterested persons as
viewers, and shall fix time. and place
for hearing the report of said viewers.
Such viewers shall have the same qual1n-
cations. and shall take the same oath and
shall receive the same compensation as
the viewers provided for in section six
90 of this chapter, except that II any
one of them is a civil engineer he need
rot be freebooter. Said viewers, one OF
whom may be a civil engineer, shall fle
at least ten Q0) days prior to the time
set for hearing thereon, a report showing
either by direct statement, or by fefer-
other papers on file in said proceeding,
the location and character OF the pro
posed ditch over and across SAID iands,
public highways and railroads; place OF
entrance. course through and exit from
each tract of land; the size and depth OF
said ditch; when it shall be constructed;
how kept in repair; what connections may
be made Herewith; what compensation.
II any. shall be made to the owners OF
such tracts of land, or TO any pupnc OF
private Corporations, or to any persons
for dana geS by reason Of Such conStruc-
ton.
In locating a public ditch in a proceed
vary from the starting points, routes ana
termini described in said petition no more
than is necessary to enable said ditch to
reasonably effectuate the purpose LOT
which il is intended.
Sec 80. AT the time appointed for sald
hearing on such report, the board OF
county commissioners, or the court; as
the case may be, shall consider and pass
upon any objections filed and any COM
petent evidence offered and snail cor
rect and change said report and the as
Justice
may require, and may continue the near
ing from day to day, not to exceed thirty
600 days, and to a different place Inc
board of county commissioners or the
court, as the case may be, shall tnere-
upon make it's order laying out and es-
tablshing said ditch, and confirming such
construction of such work, upon the pay
ment or tender of damages as hnal!y
assessed. but such order shall be void
unless such damages are paid or ten
dered within one ID year after the filing
of the final order of the board of county
commissioners or the final order OF the
proceeding, or within one % year after
the fling of the final order Of the dis
trict court in a judicial ditch proceeding.
to who is. entitled to damages awarded
or assessed, or If the person entitled
thereto cannot be found, such damages
original petition was filed, for the person
or persons showing themselves entitled
thereto.
Sec Co. Any aggrieved party may. ap-
peal from that part of such order of the
board of county commissioners liking the
amount of his damages or the damages
awarded to any person OF eor ,2,Ga on
section u of this chapter and the county
auditor shall in such case make and file
a transcript as required by section II of
Sec. eli The viewers shall have the
right to enter on any lands for the pur-
pose of estimating damages and of locat-
Ing such ditch and after payment or ten
der of damages the petitioners may, in
like manner enter upon such lands for
the purpose of constructing. maintaining
or repairing such work.
Sec. g. The bondsmen for the petition
ers may agree with any person claiming
or entitled to damages as to the amount
thereof; such agreement shall be filed in
the Office where the original petition was
filed and in such case lands covered
thereby shall not be considered by the
Sec. 63. Whenever any order of the
board of county commissioners made and
entered as herein provided drains in
whole or In part any meandered lake,
any person or corporation aggrteVed by
any such order, or any taxpayer resid-
ing within four miles Of any meandered
appeal to the district court from any
such order and the procedure and man
ner of taking such appeal shall conform
to the provisions herein set forth for
other appeals Such appeal shall bring
before said court all questions and pro-
ceedings involved in such order. Pro-
shall accompany the same with an ap-
peal bond to the board of county COM
1issioners with at least two freehold
,ureties in the sum of one thousand dol
lars, to be approved by the auditor 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 aa1udged against him, and
to abide the of6er of the court.
Sec. "a. This act shall take effect and
be in force from and after it's passage
Approved April 1S. 1905.