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


office OF the register Of deeds, shall re-
lease and discharge such lien Of record
Sec. rs; All lands owned by this state,
and all lands owned by any railroad or
other corporation, benefited by any such.
ditch, drain or water course, shall be LA
BILE for such benefits the same as taxable
lands.
Sec. a. The sum of five thousand dol
lars for the year one thousand nine hun
drsd and nd FIVE f and annually thereafter or
meet all assessments against state lands
under this act, is hereby appropriated
out of the general revenue fund for that
: Sec. %. The benefits accruing to any
municipal corporation or to the owners
or any corporate road, or to the owners
the Improvement Of any public C road with
in the limits of, or connecting with such
municipal corporation, or of such cor
struction of any such ditch, shall be as
sessed, levied and enforced as follows:
Whenever any public, road shall have
which is by law chargeable with the duty
of keeping such road in repair, shall be
assessed the amount of such benefits in
said town accruing to such roads within
said town by. reason of such ditch and
the same shall thereupon become a LA
bility of such town, and shall be due and
payable in ten equal annual installments,
beginning on the first day of June next
following the date Of the entry of the lien
against private individuals, as herein pro-
Y1ded; but II any Of such installments are
not paid within thirty go. days after it's
maturity, the amount hereof, with inter
est, shall be enforced in the same man
ner as judgments against the town.
Whenever any railroad or the lands of
any railroad company, shall be determin-
ed In any such proceeding to be benefited
by any such ditch, such railroad, or the
lands of such railroad company, so far
as the same are legally subject to local
assessment, shall be assessed their Just
proportion Of such benefits as other lands
shall be collected from the owners Of
such railroad or from such railroad COM
pany in the same manner as personal
date of the fling by the county auditor in
the, office of the register of deeds of the
statement aforesaid, the amount of such
ASSESSMENT with interest, shall constitute
a lien against all the property Of such
owners and railroad company within such
county: Such lien may be foreclosed by
action in the. same manner as provided by
Sec. 20. After the CONSTRUCTION
of any such work, the board
of county commissioners Of such county
of, shall keep the same, or such part
thereof, in proper repair and free from
obstruction and to widen or deepen so as
same Of the general revenue fund Of
the county: and to raise the necessary
money to reimburse that fund they are
sess the cost thereof Upon the q lands ads
which will be benefited by such repairs,
removal Of distractions, widening or
deepening according to, such benefits in
their judgment. They shall make a writ
ten statement Of such assessments and
deliver the same to the auditor Of the
county who shall put the same upon the
succeeding tax duplicate, and it shall be
a first and paramount lien upon the
lands the same as state and county
taxes, and be collected in the same man
ner as state and county taxes. The pro-
section
to all works constructed for the purpose
of drainage under any law now or here
tofore in forge in this state except state
bitches If they shall be of the opinion
that such assessment or any part thereof
ought to be charged to lands in other
counties, the county commissioners there
Of not less than ten days meet with
them at a time and place by them APP
pointed and they shall jointly make such
assessments, and certificates, to the au-
ditors Of the proper counties. A ma
jority Of such commissioners as attend
any such meeting shall have power to
act and decide any question and to make
the assessments and certificates, and
upon failure of any commissioner to per-
form the work required Of him by this
section after ten days notice in writing
to him by any person interested, he
shall be liable for all damages caused by
such failure to perform his duty, to be
recovered by the person or persons SO
Of mIsdeneanor and, upon Conviction
thereof, fined not less than ten nor more
than fifty dollars.
struct a ditch extending into or through
part Or the whole Of more than one
county, or If entirely within one county;
probably result in benefit or damage, or
both, to lands in an adjoining county or
counties. then in either Of such cases. the
petition required by, section three (3) Of
this act shall be addressed and presented
to the judge of the district court Of the
district in which any one of such coun-
ties is situated. Before such presenta-
ton such petition shall be filed with the
clerk Of the district court Of the county
in which such proceedings are COM
| menced and a copy thereof. duly. certi-
county auditor Of each Of the counties
wherein any of the lands described in
said petition are located. Such proceed
said clerk Of the district court as fol-
| lows: Judicial Ditch No. -" and may
be so referred to at all subsequent times.
tifion. the Judge shall fix OF ti hneh a md
place for the preliminary hearing, which
is provided for in section three 90 of
this act, in respect Of presentation to the
board Of county commissioners, and the
| same notice thereof shall be given, save
| that it shall be given by such clerk and
shall be posted and published in each
eeunty wherein hed &C. copy of such petition
| Sec. 20. Upon such hearing if the
| Judge shall be satisfied that the requi-
| site conditions exist, and have been COM
| piled with. he shall, by order, direct a
| survey to be made, as provided in Sec
| ton three 90 Of said chapter, and shall
| appoint a competent. and experienced
| civil engineer to make the same and
| direct a copy of such order to be forth
with made and transmitted by the clerk
to such engineer and to the auditor of
| each county, described in the petition
| The same proceedings shall be taken by
| such engineer as in sections four "a and
| five % Of this act are provided save
| that the filings shall be with such clerk
| Sec. 3d. AS soon as reasonably posi-
| BILE after the filing of such report, the
| Judge shall make an ORDER appointing
| viewers, as provided in section six (6) OF
! this chapter and the proceedings there
| after shall be as specified in sections six
| 90, seven 60 and eight 80 Of this chap
| ter, save that the duties therein specified
| in respect of the board of county COM
| rnissioners shall be performed by such
! judge, and those in respect of the county
| auditor shall be performed by such clerk
| and that the viewers may be residents OF
| any of the counties described in the petit
| ton, and that their jurisdiction shall ex-
tend throughout all such counties and
| that their reports shall be filed with such
clerk.
Sec. 81 Immediately upon the filing of
| such report, it shall be the duty of such
| clerk to prepare and transmit forthwith
! a certified copy thereof to the auditor
| of each of the counties described In the
| petition, and within three 80 days after
the filing Of such report. to transmit to