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

Provided, further, that If the engineer
and if the bondsmen for the petitioners
agree thereto in writing, he may sub
stantially alter the starting points, routes
water-course. or he may plan. for the dif-
ferent parts OF the ditch, drain or water
course to flow in different directions.
Tith more thai than on one a; 4uflet' making
Sec. 5. He shall thereupon make us-
tailed and complete report Of MS do l1n1 8:
and submit Herewith the necessary plat ns
the lands over which the ditch or ditche ,I
Is or are surveyed Such report sliaal
give the names Of assistants and iap POI nT
under him, together with his c own 10 tl me
on the work, and every other itep OF e exo
pense by him incprred bd N a forthWith ais
such report with the auditor arter haV1lls
subscribed and sworn to the same: a 30
Sec: g. At the session OF saiu sa;1 civil
county commissioners, when salu GlVil
engineer is appointed, or at s4c l +h .tirl7
thereafter as may be appointed by tnem'
not later than ten dO days ae 1ner nmaint
ing three ~ resident freeholders OF the
county. not interested in the CONSTRUCTION
Of the proposed work. ana not OF pe I'm ;nte 70
ested therein as viewers, to meet at
time and place to be specified by the
county auditor as hereinafter, Pr ,et;na
Of the county auditor, within five days
after tho fling Of the engneer tm rep and
R %hieh ff time ee shall be Within fifteen as
port, and It shall further be the duty. Of
the county auditor, within five. (o) days
after the filing Of the engineers report,
Of the petition and Of the order Of the
board Of county commissioners appoint
ing them. and Of his order designating the
time and PLACE +S Of taee f so
shall fail for any cause to qualify IN
time for the first meeting the county au-
ditor shall designate some + person 10 a taks
his place. The Viewers after. taking the
oath to faithfully perform their duties,
der, With or without said civil engineer,
and shall prepare a tabular statement
showing, as far as practicable the names
be benefited or damaged; the description 1 ptI n
of each tract benefited or damaged (sald
names Of owners to be the sane a. s aP
county. and the description to be given
in legal form, and the total NUMBER VI
acres In each Of said tracts; the e esi5
tracts Of land to be benefited or damaged
(as the case may be); the number t, OF
acres added to any tract py me e9' 5aL VI
Or by the change of any water, course,
and the location and value of such ad 17e
land; the damage e. If nv any tyao to and the
amount that each tract Of land Will be
benefited or damaged by the construcJlo99
of said work When any qltcn l., es1 nhn1a or
In part any public or corporate road or
railroad, or benefits any of such road SO
that the roadbed or Travelled track t, OF any
such road will be made better by the con,
struction of such ditch, the viewers snail
estimate the benefit arising, there1rom
to such roads, roadbeds or railroads, any
1r9 gr1va ena or sm6Tnts of benz
efts to- each1. as a part Of their tabular
statement provided for in this section;
and the viewers shall also report as a
part Of such tabular statement the o onm,r
corporation for injury, to any road or
roadbed, and from the necessary con-
struction and maintenance OF any any, oT1a aees
sary by the establishment Of such ditc al:
stating the same separately: and they
shall also report the tota afra diteh and
branches, If any, and also whether hs or
not, in their opinion, the estimated ex-
pense Of the construction Of sueh diteh'
Ire greater than the utility Of the pro:
posed ditch, or that tho construction OF
such ditch is impraetioable: for anX rea ga;
pom, stating the reason why II shou'o ho'
In case the viewers are unable to agree
each viewer shall state separately IN Ina
report his findings on the matters o's-
Whenever public -, ditch ta ! Is l3Ggt9S
Wholly OF n par nartav st he
number Of Cubic yards Of earth already
excavated on each traet o. lana IN + nne est
on OF e each such tract & iand BY reason 81
s y Iii I sMer ns sbs asa
amount from their. estimate Of dement's
K any. against such tract Of land, max
(ng an appropriate notation Thereon On
Sec. ]? Ali lands benefited BY y ; Pu ItIS
lie or corporate Toa as r., or nart sali be-
assessed in proportion to. the benefits fog
the construction thereof whether said
ditch passes througn sag an a., or
Or not, and the viewers In estimating the9
benefits to lands roads or railroa aiss, nes
What pene III ' such lands roads or raj
roads will receive after some other ditch
or bitches shall be construeted, but only
the bs4ts that w be e. r tSs ysb1 ydteh
as ash it affords an outlet for tho drainage, or
prevents the Overlooking Of or otherwise
directly, benefits such lands ROADS or
Sec. s. Said viewers shall forthwith Alp
with the county auditor a report OF an
Ing expenses and the ACTUAL time they
were engaged They shall ~ every ease 3e
completely perform every duty by tg this
act imposed upon mem as hereiItafter pro1
Tfded>, Within Thirty days from the date
Of their first meeting; provided, that It
the water be 80 h1sn or Ihe aceiden
occur as in the opinion Of the board Of
county commissioning to praet1oaly ana
reasonably prevent them from 80 aolhg,
ny n1ay
b tae e aessSs By such Board; but the re-.
port Of said viewers must In such case
state the reason tor sueh aaM1a a1y,at ana no
the Board Of county commandments such
viewers shall forfeit one-half Of the COM
pensatien hereinafter provided. .. tho
al Hes' Of T. such report it shalt be the duty
Of the auditor to call special neeting
Of the board Of county commissioners, hy
giving to saen m aeTa ro ts,sH IN the MAN.
n nn provided by law for notifying county
commissioners of special meetings. He
place Of such special meeting to be giyg en-
FOR three successive weeks prior thereto,
In newspaper printed ana pupi as laa 1T
s sae e %saHs befose sSe printed
COPIES thereof In three public places IN
townshp where the .hpe doar ef we es
90nT d ssa pet aels 81
Viewers reports, and OF the time ,,t aa as1
e etarfine sh nolnta ana terinini Of the ditch,
Train. creek or water course and branches,
ttSSs essh With VIII es pas iii tas
e i nss sse 81 ts TssH6t
the names Of the mun!e! !pa. eerRof Sa af
fected thereby az the same appears IN