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

shall also accompany said petition with
q bond to the county, in case OF county
ditch, and to the respective counties f ~
Of such county or counties, and OF al
persons and corporations interested: IN
an amount to be fixed, and with securities
the case of county ditch and by the
court in case of judicial ditch, condi-
toned to pay all damages that may De
EXPENSES that may be paid or incurred In
the proceeding under said petition.
Sec 81. The county auditor in case OF
county ditch and the clerk OF the di nlS7
shall, upon the fling Of such petitioon
and bond, fix time and place for the
hearing Of said petition, not more ere man man
from said date Of fling: and at least
ten 40, days before said hearing, copy
of such petition preceded by statement
Ing thereon shall be posted in three e.
public places in each township where the
proposed ditch is located and snail pe
served on all persons ana CO. coip pesidents
of the state. and upon the persons, II any
actually occupying any tract OF iand oe,
scribed in the petition, Whicn oe,ogs ~
dents of the state, in the. manner pro-
vided by law for service OF summons ~
district court, and shall be malied 10 o a.
petition. who are non-residents OF the
State. and whose address can be obtalnen
by inquiry at the office of the county au-
Of 18th the respective county or counties ~
Sec. So. If, upon the hearing, the court
or board of county commlssloners, as sa5
case may be: sha and 1n Subtle ie utility or
ditch G fo the public health it shall
appoint three 60 disinterested persons as
fo T" Hearing the report of said viewers 5s
Such viewers shall have the same qual1,
cations. and shall take the same oain ans as
shall receive the sane for in section six
(6I Of this chapter, except that II any
one Of them is civil engineer ne nee go
rot be a freeholder: Said viewers, on one e o.
whom may be- a civil en Ear ~ the time
at i fef he @en so show,ng
either by direct statement OF Dy ~ 1eie o.
erce to any maps, plats, spec1hcatlonS vi
other napers on file in said proceeding
the location and character OF the pr PR
posed ditch over and across salo ia 81 ~
public highways ana railro and exit if from
each tract of land; the size and deptn ~
said ditch: when it shall be CONSTITUENT ar ,,a
how kept in repair; what connexions + HAY
he made Herewith; what compensation;
If any shall be made to the owners "
such tracts of land or to any puo oreou NC
private corporations, or 10 aiS op's+r,c.
for damages by reason OF such coli"'l ~
In locating a public ditch in proceed,
ing under such petition, the viewers Siia a.
vary from the starring g;d Po nntition no more
than is necessary to enable said ditch TO
reasonably effectuate the purpose LII
which it is intended. e aoi7
hearing on such report. the the t n0aro a. a.
county commissioners or the coult; a
the case may be, shall consider ana o pana
upon any objections filed ana any o oor-
netent evidence offered and snail cor
rect and change said report ana tne .t 20
sessments therein contained as JussaG.
may require, and may contlilu t.ao 10y +hirtv
Ing from day to day. net TO exc 1oe III me ~
(30) days, and to a different place: ne ne
board of county commissioners s., or Inc inc
court as the case may ~ v Ie e o,t and es
Publishing said ditch, and conflrming SUN
report as changed and permltt.lIn Eng e .ne
construction of such work, upon the aIpa Ply
assessed asses but such order shall be vo1d
unless such damages are PAID or e len
dered within one % year, after the ming
Of the final order Of }be the na order Of the
district court on appeal in a county dltcn
proceeding, or within one, Cd year at l;e
the filing Of the final order OF me zi a,s-
If in any case there shall be DOUBT as
to who is entitled to- damages aWa ait1a
or assessed, or, if the person en ,a1a aes
thereto cannot be found, such damages
NAV be paid into the office where the
nrSinai netition was fled for the person
or persons showing themselves entltleu
thereto. NOV on
neal from that part of such order OF the
board of county commissioners nxlng tlle
amount Of his damages or tne uaila tSfer
awarded to any person or cOrporatlol
by filing the notice and bond required py
section IL of this chapter and the county by
auditor shall in such case make any - lile
a transcript as required by sectlon IL o1
'H Sec. 81. The viewers shall have the
right to enter on any lands for the puI-
pose of estimating damages ana OF Io ta
ing such ditch and after payment or ten
der of damages the petitioners may, IN
like manner enter upon such lanos hoa
the purpose of constructing. maintaining
or repairing such work.
Sec! g. The bondsmen for the petition
ers may agree with any person claiming
or entitled to damages as to the amouHt
thereof; such agreement shall be filed IN
the office where the original petition was
filed and in such case lands covered
thereby shall not be considered by the
Sec. 60. Whenever any order Of the
hoard Of county commissioners made and
entered as herein provided Grams IN
whole or in part any meandered iak k,
any such order, OF, any taxpayer yer f Gared
ing within four miles of any meanoered
lake affected by any such order, may
appeal to the district court from any
such order and the procedure and man
ner of taking such appeal shall conform
to the provisions herein set f1rth hri for
pefore said court all questions and pro
Ceilings involved in such order. Pro-
vided that the party taking suGh al appeal sa
shall accompany the same with an zap ap-
mp miss with at least two freehold
sureties in the. sum of one thousand DOL.
lars, to be approved by the au ID to1,e OF
conditioned that said appellant will duly
prosecute the appeal and pay AL al costs anS
that may be adjudged against dd,st+ him. and
Sec. Ga. This act shall take effect and
be in force from and after it's passage.