The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1905-04-29

dollars $5.OO) per day for each day ac-
formance. of his duty as viewer, not ex-
ceedlng days, together with his ac-
o oos1t necessary expenses an itemized &C,
count thereof to be filed with and audited
and allowed by the county auditor and
paid by the county treasurer on the or
der Of the county auditor.
Sec. Al. Either the board of county
party whose lands are liable to assess
ment for damages awarded If they feel
a PET; yea may may within thirty 900 days
appeal to the district court of the county
IN Whlch the proceedings, are had by
serving on the parties who have appeared
IN the proceedings before the viewers and
filing with the county auditor a notice of
appeal, stating that an appeal is taken to
the district court from the award of the
viewers, and filing. with, the auditor q
&5O0),- with sufficient sureties to be APP
proved by him, conditioned if the award
and decision Of the viewers is sustained
a ss sn ba a pay zt ts cost v of the
mlent the court. may render against him
Ing Ing. Of the appeal the auditor shall
trict court the original petition, the
award and bond on appeal, and there
upon there shall be pending in the dis
trict court civil action to determins
land described in the petition that come
within the provision of section thirty
nine nl19, Of this chapter and the amount Of OF
such damages, and such action shall be
tried in the manner provided for the
trial Of civil actions.
Any party may appeal from the judg-
ment or any appealable order Of the dis
trict court to the supreme court In tho
same manner as appeals In civil actions
are taken: The final Judgment in the
be certified to the county auditor, and
assessment made in the manner provided
ir the last above section Of this chapter,
for the assessment Of the award Of the
viewers.
Sec. a.. The state drainage board :s
hereby authorized to cooperate with the
county wherein a county ditch or por-
ton Of judicial ditch is located or may
be located in charging, extending, re-
6 Gtdh or otherwise any sven
IT. course of construction, whenever, IN
their judgment, it is necessary or desira-
BILE so to do.
Sec Or e. Any y Rerz9n Tf!fn5y
StruCted under the provisions OF this
chapter, or under any other law Of this
the water from it's proper channel shall
be guilty Of misdemeanor, and shall
also be liable to any person or corpora
tion in jured by such act, In treble dam
ages. Any county auditor. clerk of court,
member of the board Of county commits
sioners. or other officer who refuses, or
Wlllully neSleCCS 10 perform ally VI lily
duties imposed upon him by this act, shall
be guilty Of a misdemeanOr, and shall
also be liable to any person or corpora
ton injured by said act, In treble dam
ages. The county attorney Of the proper
county shall prosecute all criminal &C
tons arising Under this chapter.
Sec. A., All orders and notices herein
shall be issued by the auditor or by tho
judge, as the case may be, and the same
shall be served by the sheriff or other
disinterested person designated by the
5 sg in or Tu BY the &
designated shall be paid by the county ntI
allowed by law for similar services.
Sec. 45. The engineer shall receive the
sum Of five dollars G$5.OO) per day for
every day he is necessarily engaged IN
performing the duties required Of him by
penses incurred in and about the same.
The viewers shall each receive three dol
lars $500 per day for re every day e1 they
bitches and making up and filing their re-
ports, and their actual and necessary ex-
penses. Each rodman shall receive the
may be allowed in addition thereto his
board and lodging, for each and every
day he Is employed; and each chairman,
axnlan and every other employe neces-
sary to the prompt execution Of the work
Of locating or inspecting a public ditch
shall be allowed one dollar and fifty cents
l$l5o) per day, and md may be allo we a. IN
for the time such person is thus &C aetuaiiYy
shall receive reasonable compensation for
their services under this act, and such
compensation shall be in addition to al. all
sums allowed by law at the time Of the
passage of this act. The fees per diem,
compensation and expenses provided for
in this act shall be audited, examined, al
lowed and paid upon the order Of the
ed. that in case Of a judicial ditch the
judge shall first approve Of such fees per
diem compensation and expenses.
Sec A. majority of the w vieW %,t;ss shall
quired of them by this act.
Sec. II. This act shall be literally con-
strued,' so as to promote the PUBLIC
of roads, and the drainage and reclama-
ton Of wet or overfowed lands.
Sec. 48. Every order Of the county com.
missioners Of any county. or the judge Of
the district court laying out and estab-
fishing any ditch or refusing to establish
the same. under the provisions of this
chapter, the record thereof, or q certified
evidence Of the facts therein stated and
of the regularity of all the proceedings
prior to the making Of such order;
Sec. 40. For the purpose Of making ex-
aminattons and surveys, the viewers,
county commissioners and the engineer
are authorized to enter upon any land and
performance Of their duties; and any per-
son attempting to prevent or interfere
with them, in so doing, shall be punished
upon conviction by the court as for a
misdemeanor.
Sec. co. No person or corporation shay
be permitted to take advantage of any
in o
ty commissioners, engineer. viewers.
county auditor, or other person or per-
sons nor Of any informality. error or de-
e. -, ~, np oh
ceedings unless the party complaining
thereof is directly affected thereby. If
the court shall at any time modify any
assessment or assessments or enjoin the
collection thereof or release any person
from liability thereon, 1t shall In no man
ner affect the rights or liability Of any
Sec 81. Any aggrieved party. who
claims damages or against whose prop
erty benefits are assessed may appeal to
from any final order except an order es-
tablishing such ditch in proceedings un-
der this chapter, made In district court.
within thirty days after the fling Of such
order. The notice Of appeal shall be servs
ed on the clerk Of the district court and
need not be served on any other person
or corporation.
sions limiting the number Of days that
a county commissioner shall draw pay for
or limiting the number Of sessions, for
err shall be entitled to mileage shall apply
to any proceedings under this chapter.
Sec 3d. The word "ditch' as used in
this act, shall be held to, include any
drain, water course or creek, and any side
lateral, spur or branch bitches and each
and all Of the constructions referred to
in section one Of this chapter, and the
any side lateral, spur or branch ditch
necessary to secure the object Of the Inn
provement.
Laws Of Minnesota for 1901 chapter SO
Of the General Laws of Minnesota Of
1902, and chapters 17e. 1873: 81 315 and