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

commissioners for a rehearing on such
petition and viewers report, and shall
give notice OF such meeting and rehear-
ing In the manner hereinafter provided.
and at such meeting the said board Of
county commissioners shall proceed to
reconsider such report, shall act upon the
same and make findings thereon and may
establish such ditch in conformity with
the provisions of this chapter.
Provided, further, that whenever, upon
appeal in proceedings under and pur
suant to any drainage law of this state,
the court shall have heretofore by order
dismissed said proceedings on account of
proper notice of the tendency of said
petition and viewers report, or of the
time and place set for the hearing there
Of, as required by such law, then and
In that event the county auditor, at any
time within one year after the rendering
of such order, upon the application of
any petitioner in said proceedings. or
upon being directed by resolution by the
board Of county commissioners, shall call
a special meeting of the board of county
commissioners for a rehearing on such
give notice of such meeting and rehear-
ing in the manner hereinbefore provided,
and at such meeting the said board Of
county commissioners shall proceed to
reconsider such report, shall act upon the
same and make findings thereon and
may establish such ditch in conformity
with the provisions of this chapter
Upon due publication, posting and mail
ing of the notice provided for in this sec
ton, the board Of county commissioners
shall have jurisdiction of each tract of
land and of all other property in said
viewers report described. including any
land added by the drainage of any me-
andered lake or the change OF any water
course. and of each tract of land de-
scr1bed in said notice, and of each tract
Of land owned by any of the persons or
private corporations whose names appear
in said notice that is affected by the pro-
posed drain and of all persons and cor
pOrationS, municipal and otherwise, that
are named in said notice. and of all per-
sons and corporations having or owning
any interest whatever in or any mort
gage, lien or incumbrance against any of
the tracts of land or other property here
tofore in this paragraph referred to.
Sec TO- Said board Of county commits
sioners, at the time which may as afore-
said, upon such proper notice thereof, be
set for the hearing Of said petition and
reports Cor at any. time ], to which said
hearing may be adjourned from time to
time, as necessity may require, but not
otherwise) shall proceed to hear and con-
slder the same; and all persons interested
may appear and be heard, by and be-
fore them. Unless excused by the board
of county commissioners, the engineer
and at least two Of the viewers shall be
present at such hearing. If said board,
from the report Of the engineer and from
the report Of the viewers and such other
evidence as may be adduced before them
shall find that the engineers report and
the viewers report and all other pro-
ceedings in. the matter have been made
and taken in accordance with the provi-
SONS OF II TINS 81 act and that the estimated
ton Of said work: are. greater than its
total costs, including damages awarded
and that such damages and benefits have
been duly awarded and assessed, and
that said work will be of public utility
or promote the public health, and that
such reports are complete and correct,
they shall by an order containing such
bindings establish such ditch as speci-
fed in the report Of the civil engineer,
and establish and confirm the viewers
report; provided, that in case the viewers
neous in any particular, the board of
county commissioners shall have author
ity to remedy such defect by reference
to said viewers, if necessary, or other
against the land benefited. In case the
viewers have not agreed or shall not
Of county commissioners shall deter
mine the proper findings and change
the viewers report accordingly. In
viewers shall proceed summarily to make Ike
the necessary corrections, and forthwith
report the same to the said board of
county commissioners.
Sec. IL. When damages are awarded to
any person, persons or corporation in ex-
cess of benefits If any, and the same
shall have been duly confirmed, the board
of'county commissioners of each county
damages are awarded are located shall
order the same paid out Of the treasury
OF such county, on warrants to. be drawn
and attested by the auditor and signed
by the chairman of the board. Such war
rants shall be issued at the expiration of
the time for appeal in favor Of such per-
sons a.! shall not have appealed, and
BILE Immediately after the letting Of con-
tracts, as hereinafter provided. In case
Of appeal, or in case Of any postponement
Hnlo ~, laSn 5,1fr> -
damages due to any person or corpora
ton, warrants in favor Of such person or
corporation shall not be issued until the
final determination thereof. When the
award is confirmed by order of court, it
shall be the duty of the clerk to imme-
diately transmit to the county auditor of
each county affected thereby a certified
copy thereof and likewise Of any final
order or judgment thereafter made in the
case Of any appeal or jury trial; and
thereupon the same duties shall devolve
ditor as hereinbefore provided. Whenever
an award shall have been finally con
6rmed it shall be the duty of the board
Of county commissioners Of the county
IN which the lands, in respect Of which
such award was made, are located, to
cause to be forthwith paid to the owner
OF such property an amount of damages
over and above all benefit which may
have been awarded therefor, with interest
at the rate of per cent per annum
from the date to which such assessment
ToIaLeS TO the GATE or such payment. II
in any case there shall be doubt as tc
who Is entitled to the damages for land
taken, such board may require Of the
claimant a bond, with good and sufh.
cient sureties, to hold the county harm
less from all loss, costs and expenses, ir
case any person should thereafter claim
and show himself entitled to any part OF
such damages.
Sec. -. Any person OF corporation ag-
| gr1eved thereby may appeal from an or
der of the board of county commissioners
| made in the proceedings, and entered
upon their records, determining either Of
the following matters, viz:
First-The amount Of benefits to any
tract Of land, or owner of any public OF
corporate road or railroad. 49,
Second-The amount Of damages al
lowed to any person or persons or cor.
! poration.
Third-Refusing to establish such pro.
posed ditch.
To render such appeal effectual the ap
pellant shall file with the county auditor
within and not after twenty (20) days
from the date such final order Is issued
a notice of appeal, which shall briefly
state the grounds upon which such ap.
peal is taken, accompanied by an appea
bond to the board of county commission.
ers, with at least two freehold sureties ir
an amount of not less than two hundred
and fifty ($25O dollars, to be approved
by the auditor Of the county in which
such appeal IS taken, conditioned thai
said appellant will duly prosecute the
appeal and pay all costs that may be
ad1udged against him, and to abide the
order Of the court Within twenty co,
DAYS after SIIch fling tho a11difor shall