New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-24
incurred in pursuance thereof. inelutding

Nothing in TINS section contained shall
be construed as limiting the authority OF
the respective counties TO issue their
bonds as provided in section Ii of this
chapter and the respective auditors state
ments shall be filed in the respective
counties and the assessments collected
and bonds paid by the respective counties
as hereinbefore provided
Sec. "a. II the engineer appointed by
the court or by. the board of county
commissioners fails to qualify, or at any
during the progress of the work the court
or board of county commissioners, as the
case may be, that originally appointed
him, shall forWith appoint another civil
CURED by this chapter in the place and
stead of the engineer first appointed,
who shall give the. bond and take the
oath required by this chapter and shall
do all things remaining to be done by
the original appolntee under the require
ments of this chapter.
Sec. 3d. The engineer shall have power,
II the board or court, as the case may
pc, that appointed him, consent thereto,
to appoint assistant engineers, when nee
essary, for whose acts he shall be re-
sponsible, and whom he may remove at
pleasure. Any such assistant engineer
shall, before entering on his duties, take
the oath required by this chapter Of the
engineer, and such oath and appointment
shall be fled IN the Office where the
original petition was filed. The rate of
compensation of assistant engineers shall
IN no case exceed the rate of compensa-
ton of the engineer and shall be fixed
at the time of appointment by the board
OF county commissioners or the Judge as
the case may be.
Sec. 36. In any proceedings heretofore
or hereafter had for. the establishment
water course, where an engineer has
been appointed and has made a complete
survey, and report thereof and, for any
reason, the Improvement has been aba1i-
dOna0 and nrncea5irer md
afterwards proceedings are instituted for
the establishment of ditch or drain,
or the changing of Watercourse, for the
benefit or reclamation of the same terri
tory surveyed in said former proceedings,
or part thereof, or the same territory,
OF part thereof, and territory additional
thereto, the engineer shall use the en-
glneer s report, survey, stakes and monu-
ments made in said former proceedings,
as far as practicable, or as much thereof
as may be applicable and the cost thereof
IN SAID former proceedings, or Of such
part thereof as is used, shall be~paid for
as part of the subsequent proceedings in
which such report, survey, stakes and
monuments, or part thereof, is used. Pro-
vided that when a bond has been hereto
fore given under and pursuant to- the
provisions of any drainage law of this
state and the party orapartiess giving said
POND nave. because Of the refusal of the
struction Of the ditch petitioned for, been
called upon to pay to the county the, ex-
penses incurred in said proceeding. and
SAD party or parties have actually paid
SUCH refusal by said county commission
ers proceedings are instituted anew for
the establishment Of a ditch or drain
or the changing Of a watercourse for the
Deneht or reclamation Of the same terri
tory surveyed in said former proceeding
or part thereof, or territory additional
thereto, and the engineer uses the en-
gineer report, survey: stakes and monu-
then and in that event the cost of said
Work OF said engineer and his assistants
m SAID former proceedings shall be as
sessed against the lands benefited and
payment of the cost incurred by reason
Of the work of said engineer and his as
s1stants in said former proceeding shall
be made by said county upon collecting
the same, to said party or parties who
nave MADE payment as aforesaid under
said bond.
Sec. 81. The county auditor shall noti-
~ each municipal, railroad and other cor
poration to construct any bridge or chi
vert across or upon its road or right of
way within reasonable time named in
such notice. If any such work is NOT
Gone within the time limited. the board
or county commissioners may cause me
same to be done, and the cost thereof
shall be deducted from the damages al
lowed such corporation or collected from
II as IN case OF an assessment for bene-
Sec. SO. The amount that anv tract
of land, public or corporate road or
railroad shall be liable for on account of
me Inc, location, construction and establish
nr eni GI any ditch or bitches under the
account Of the repair thereof, shall
IN no event exceed the benefits
y, which 1Ss win accrue thereto as determined
IN the proceedings for such location. con-
structlo on and establishment or repair.
sec. 80. That whenever anv land ada
csnt TO any ditch or drain constructed
e e under the provisions of this chap,
which the original cost of said di tlT o ny
drain was assessed against the benefted
progeny, may be or has been damaged
SSu; 4oIe NJ 20 the construction of such
a diS or dram BY reason of a part of the
SOIL being carried away by water flowine
through said ditch or drain, or bv the
deposlt OF earth or any other foreign
SUBSTANCE tsnow and ice excepted) on
said land. and which damage was MOI
considered and included in the award 81
the viewers appointed in the proceedings
TO construct such ditch or drain, the own
er OF the Land so damaged may, at any
ton Of the. ditch or drain causing sI1ci
damage petition the board of county: com.
m1ssioners of the county where the land
claimed to be damaged IS situated for the
appointment of viewers to ascertain anG
report the amount of such damages, such
IPe.i a nI snail state the description of the
land alleged to have been damaged. the
amount OF damage claimed, the location
Of the ditch or drain, the descrintion a
the land found in the proceedings Is con.
struct said ditch or drain to have heer
benefited by its construction and the
names OF the owners Of the land bene.
| roll.
Upon the filing of the petition and 3
| pong IN the sum of one hundred dollars
conditioned that if it finally be determined
that no damages have been sustained thai
are properly allowable under this section
| a hn %
the proceedings had under the petition, i
| shall be the duty of the board of county
commissioners at their next regular Of
| special meeting to appoint three person.
| who are qualified under the provisions o.
| this chapter, viewers, selecting if prac
| t1cable the same persons as acted as view
ers in the proceedings to construct thu
| drain or ditch causing the damage. anC
| the board OF county commissioners shall
| fix the time and place for the first meet
| ing of the viewers, which shall be no
more than twenty COO days from tht
| date OF their appointment. In case AM
of the viewers so appointed shall fail fo
| any cause to qualify, the county auditor
| snail designate some proper person Il
| take his place. Each of said viewers be
| fore entering upon the duties of his of
| flee shall take and subscribe an oath tina
| he will faithfully perform his duty a.
| viewer and file the same in the office O.
! the county auditor.
| Upon the appointment. of the viewers
| the county auditor shall give notice t.
| parties interested, and whose lands arr
| liable to be assessed for the payment O.
| the damages claimed, by one publication
| at least one week before the first meet