The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1905-04-29
incurred In pursuance thereof, 1ncludfng
all damages awarded - nd.

bonds as provided in section u OF thls
ments shall be filed in the respective
counties and the assessments collected
and bonds paid by the respective counties
as hereinbefOre provided.
Sec. "a. IT the engineer appointed by
the court or by the board OF county
commissioners fails to qualify, or at any
time resigns, dies or becomes disabled
during the progress OF the work the court
or board of county commissioners, as the
case may be, that originally appointed
him, shall forwith appoint another civil
engineer, having the qualifications re-
stead of the engineer first appointed,
who shall give the bond and take the
oath required by this chapter and shall
DO all things remaining to be done lone,,,l by
the. original appolntee under the require
ments of this chapter.
Sec So. The engineer shall! have power,
If the board or court, as the case may
be- that appointed him, consent thereto,
essary, for whose acts he shall be re-
sponsible, and whom he may remove at
pleasure. Any such assistant engineer
shall, before entering on his duties, take
the oath required by this chapter Of the
engineer, and such oath and appointment
shall be filed in the Office: where the
original petition was filed. The rate Of
compensation Of assistant engineers shall
in no case exceed the rate of compensa-
ton Of the engineer and shall be fixed
at the time of appointment by the board
the case may be.
Sec. &c. In any proceedings heretofore
or. hereafter had for the establishment
of ditch or drain or the changing of a
water course, where an engineer has
been appointed and has made a complete
survey, and report thereof and, for any
reason, the Improvement has been ADAM
doned and the proceedings dismissed, and
afterwards proceedings are instituted for
the establishment OF a ditch or drain,
or the changing of Watercourse, for the
benefit or reclamation Of the same terri
tory surveyed in said former proceedings,
or a. part thereof, or the same territory,
Of a part thereof, and territory additional
thereto, the engineer shall use the en-
ments made in said former proceedings,
as far as practicable, or as much thereof
as may be applicable and the cost thereof
In said former proceedings, or of such
part thereof as is used, shall be paid for
as part Of the subsequent proceedings in
which such report, survey, stakes and
monuments, or part thereof, is used. Pro-
Xyided that when bond has been here to-
provisions of any drainage law of this
state and the party or parties giving said
bond have. because of the refusal of the
county commissioners to order the con-
struction Of the ditch petitioned for, been
called upon to pay to the county the ex-
penses Incurred in said proceeding, and
said party or parties have actually paid
to said county such expenses, and after
such refusal by said county commission
ers proceedings are instituted anew for
the establishment of a ditch or drain
benefit or reclamation Of the same terri
tory surveyed in said former proceeding,
or a part thereof, or territory additional
thereto, and the engineer uses the en-
glneers report survey, stakes and monu-
ments made in said former proceedings
then and in that event the cost Of said
work of said engineer and his assistants
sess sad fo1mef shall be as
payment of the cost incurred by reason
Of the work Of s9id engneec ana his
be made by said county upon collecting
the same. to said party or parties who
have made payment as aforesaid under
said bond.
Sec. 81. The county auditor shall nott-
fy each municipal, railroad and other cor
poration to construct any bridge or cul-
vert across or upon it's road or right of
way within a reasonable time named in
such such 1 nGtiGe: If any such work is not
Of county commissioners may cause the
same to be done, and the cost thereof
shall be deducted from the damages al
lowed such corporation, or collected from
It as in case of an assessment for bene-
Sec. SO. The amount that any tract
OF land, public or corporate road or
railroad shall be liable for on account Of
the location. construction and establish
provisions Of this chapter, or. on
account of the repair thereof, shall
N no will ye9fue sResefd the
in the proceedings for such location, con-
struct1on and establishment or repair.
sec. 49, That whenever any land ada
cent to any ditch or drain constructed
either under the provisions Of this chap
ter or under any prior drainage law by
g Which the original cost Of said ditch or
ha hoo
Subsequent to the of sgeh
ditch or drain by reason of a part of the
sou f1o De1ng ss Garried away by water flowing
deposit of earth or any other foreign
substance (snow and ice excepted) on
said land; and which damage was not
the viewers appointed in the proceedings
to construct such ditch or drain. the own
er of the land so damaged may, at any
Tune Tune Wlthln SIX years after the. compile
damage petition the board Of county COM
m1ss1oners of the county where the land
claimed to be damaged is situated for the
appointment Of viewers to ascertain and
report the amount Of such damages, such
petition shall state the description of the
land alleged to have been damaged, the
Of the ditch or drain, the description of
the land found in the proceedings to con-
struct said ditch Or drain to have been
benefited d. by It's construction, and the
flied, as shown by the last assessment
roll.
Upon the filing Of the petition and
bond in the sum Of one hundred dollars
conditioned that if 1t finally be determined
that no damages have been sustained that
are properly allowable under this section,
the proceedings had Under the petition, it
shall be the duty Of the board Of county
commissioners at their next regular or
special meeting to appoint three persons
,Ioo $f@1 TO-
this chapter, viewers, selecting if prac-
ticable the same persons as acted as view
ers In the proceedings to construct the
drain or ditch causing the damage, and
the board Of county commissioners shall
fix the time and place for the first meet
ing of the viewers, which shall be not
more than twenty. (2o) days from the
of the viewers so appointed shall fail for
any cause to qualify, the county auditor
shall designate some proper person to
fore entering upon the duties Of his Of
he will faithfully perform his duty as
viewer and file the same in the office Of
the county auditor.
Upon the appointment Of the viewers
the county auditor shall give notice to
parties interested, and whose lands are
liable to be assessed for the payment of
the damages claimed. by one publication
at least one week before the first meet
ing Of the viewers in the newspaper in
which the last delinquent real estate tax
published in the county, and If not, in
some legal newspaper printed and pub
lished in the county, and If there is none,
capital, stating the date and the first
meeting Of the viewers, and that any
party Interested may appear at that
meeting and at such other time and place
as the viewers may fix, and be heard In
relation to the damages and such other
matters as the viewers are authorized to
hear and determine, and proof Of the
publication of said notice shall be filed in
the office of the county auditor prior to
the first meeting of the viewers.
Sec 49, The viewers shall meet at the