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


pay the county naay maintain an action
on the bond hen inpefore provided for.
Each of the viewers shall receive three
tuaIly and necessarily spent in the per-
Torrance of his duty as viewer, not ex-
ceeding 5 days, together with his ac~
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. H., Either the board of county
commissioners, the petitioners or any
party whose lands are liable to assess
m nles for damages. awarded, if they feel
after the fling of the viewers, award
appeal to the district court of the county
in which the proceedings are had by
IN IN the proceedings before the viewers and
Hing with the county auditor a notice of
appeal, stating that an appeal is taken to
tne district court from the award of the
BOND in, the sum of five hundrzi dollars
tso0o), with sufficient sureties to be ap-
proved by him., conditioned if the award
and decision of the viewers is sustained
lhe. appellant will pay the cost OF the
appeal and abide and satisfy any judg-
ment the court may render against him
ing, of the appeal the auditor shall
forthwith file with the clerk of the dts
dr1ct court the original petition, tta
upon there shall be pending in the dis
trIct court a civil action to determines
Nhether any damage has been done the
land described in the petition, that eems
within the provision of section sthiEtE- :;
nlne OF this chapter and the amount efe
such damages and such action shall BIS :
t IN the manner" provided for !sthsr:
TRIAL OF CIVIL actions. f.- -t,f-..5. ~
ANY party may appeal from the judg-,
nsent or any appealable order of the dis.
Ir court to the supreme court in, the.
same manner as appeals in civil actions
are taken. The final judgment in the
action, # in favor of the petitioner, shall
pc certified to the county auditor, and
II the last above section. of this chapter:
viewers. -
Sec. ~. The state drainage board Is.
hereby authorized to co-operate with the
BOARD OF county commissioners of each
county wherein a county ditch or a por-
t TIC OF a judicial ditch is located or may. !
be located in enlarging, extending, re-
pairing or otherwise lettering any such
ditch now completed or now or hereafter
n course of construction, whenever, IA :
{IIe Judgement 1t is necessary or 2aesara1Ea
Sec. 43. Any. person wilfully obstnict-r;
i nf, or IN any way injuring any workcteon-y
chapter. Or under any other lawi of this?
state relating to drainage, or !diverting :
me water from its proper channel shall
oe guilty of a misdemeanor, and shall
also s; pc liable to any person or corpora
ton, injured 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
Wilfully neglects to perform any of the
duties imposed upon him by this act, shall
pc guilty OF 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 ac-
lions arising under this chapter.
Sec A. All orders and notices herein
prescribed not otherwise provided for
snail be issued by the auditor or by the
judge, as the case may be, and the Same
shall be served by the sheriff or other
disinterested person designated by the
auditor or by the judge as the case may
designated shall be paid by the county
for such services the same fees as are
allowed by law for similar services. =.
sum of five. dollars $500 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 every day. they
are necessarily. engaged In viewing
ports, and their actual and necessary ex-
penses. Each rodman shall receive the
sum Of two dollars $500 per day and
may be allowed in addition thereto his
day he is Employed and each chairman,
axnan and every other employe neces-
Of locating or inspecting a public ditch
shall be allowed one dollar and fifty cents
($1.50 per day, and may be allowed In
addition thereto his board and lodging
for the time such person is thus actually
employed. The county auditor of each
county, and the clerk of the district court
shall receive reasonable compensation for
their services under this act, and such
compensation shall be in addition to all
sums allowed by law at the time of this
passage Of this act. The fees per diem;
nnT IaI
in this act shall be audited, examined, al
lowed and paid upon the order of the
board of county commissioners. Provid-
ed, that in case off judicial ditch tho
Judge shall first. approve of such fees per
diem compensation and expenses.
Sec: As A majority of the viewers shalS
be competent to perform the duties re-
quired of them by this act - "'
Sec Al. This act shall be literally con-
strued, 50 as to promote the public
health the construction and Improvement
OF roads, and the drainage and reclama-
ton of wet or overflowed lands.
! Sec. 4S. Every order of the county COM
tq1ssi lone of any county. OF the Judge OF
lish rg any ditch or refusing to establish
the same, under the provisions Of this
chapter, the record therece, or a certified
copy of such record, shall be pima faeie
| 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 eXs
4
county. commissioners and the engineer
| are authorized to enter upon any land and
! to do any act necessary for the proper
| performance of their duties; and any per-
| son attempting to prevent or interfere
With them, IN SO doing, shall be punishe
| upon conviction by the court as for
nlSdemeanOr.
| Sec. 90. No person or corporation sfla q
| be permitted to take advantage of am
| error committed in any proceedings under
| this chapter either by the board of couu-
| ty commissioners, engineer, viewers,
! county auditor, or other person or per-
| sons, nor Of any informality, error OF de-
| feet appearing in the record of such pro-
| ceedings unless the party complaining
| thereof is directly affected thereby IF
| the court shall at any time modify an
| assessment or assessments or enjoin II
| collection thereof or release any persc
| from liability thereon, it shall in no me-
ner affect the rights or liability of an.
| other person.
| Sec. 81. Any aggrieved party, who
| claims damages or against whose prop
| erty benefits are assessed may appeal to
| the Supreme Court. as in civil actions,
/ from any final order except an order es
| tabishing such ditch in proceedings ur
| der this chapter, made in 'trfct cou1
| within thirty days after Il ,ng of 81
| order. The notice of appe III be. So
| ed on the clerk of tha-s-A court
| need not be served O pc
Eor-corpOration.
Sec. %. None Of
| sions limiting the
| a county cOmmiss
| or limiting the