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

benefits and damages to such additional
lands,
Provided, further, that If the engineer
finds that better results can be obtained,
and II tho bondsmen for the petitioners
stantiaily alter the starting points. routes
and tefnini OF such ditch, drain or
WateF-eourse, or no may plan for the dr.
ferent parts or the ditch, drain or water
course to flow in different directions
with more than ono outlet. making in
fact more than one ditch.
See, 3. He shall thereupor make a de-
tailed and complete report Of his doings,
and submit Herewith the necessary plans
and specifications and a description OF
the lands over which the ditch or bitches
IS or are surveyed. Such report shall
give the names of assistants and laborers
and the time each was employed by. or
on the work, and every other item of ex-
pense by him incurred in and about the
said work, and he shall forthwith fils
such report with the auditor after having
subscribed and sworn to the same.
Sec. g. At the session of said board OF
county commissioners, when said civil
thereafter as may be appointed by them,
not. later than ten (10) days thereafter,
said board shall make an order appoint mt
ing three 90 resident freeholders of the
county, not interested in the CONSTRUCTION
of the proposed work, and not or KIN TO
any Of f. the. parties known to be inter a4
time and place to be spec1f1ed by the
county auditor as hereinafter provided,
preparatory to commencing their duties as
hereinafter specified It shall be the duty
of the county auditor, within i've days
after the filing of the engineers reporS
to make an order designating time and
place for the first meeting Of the viewers,
which time shall be within fifteen Qo)
days after the fling of the engineers re-
port, and it shall further be the 81 duty OF
after the filing of the engineers report,
to issue to said viewers a certified copy
of the petition and of the order of the
n commissioners aDDOlnt-
ing them, and of his order designating the
time and place of their first meeting.
In case any Of the viewers so appointed
shall fail for any cause TO qualify in
time for the first meeting the county au-
ditor shall designate some person having
the qualifications above stated to take
his place. The viewers, after taking the
oath to faithfully perform their duties,
shall proceed at the time set in said or
der, with or without sald clvll englneer,
and shall prepare tabular statement
showing as far as practicable, the names
of the owners of each tract OF land to
be benefited or damaged; the description
names of owners to be the same as APP
pear on the county tax duplicates of said
in legal form) and the total number Of
acres in each of said tracts; the esti-
mated number of acres in each Of said
tracts of land to be benefited or damaged
Gas the case may beg; the number of
acres added to any tract by the total or
partial drainage OF any meandered lake,
and the location and value Of such added
land; the damage, if any, to riparian
rights pertaining e. to any Fac a1d a NH the he
benefited or damaged by the constructor
Of said work. When any ditch established
under this act drains either in whole or
in part any public or corporate road or
railroad or benefits any Of such road so
that the roadbed or travelled track of any
such road will be made better by the con-
Btruction of such ditch, the viewers shall
estimate the benefit arising therefrom
= to such roads, roadbeds or railroads and
report said benefits (names Of roads ds and arla
bther particulars necessary to identity the
corporations, private or public, TO pc
benefited thereby, and amounts Of ben
sts no Hac nroy i'd for IN this secton
and the viewers shall also report as
part Of such tabular statement the dam
ages awarded to each municipal or other
corporation for injury to any road or
roadbed. and from the necessary con-
Btruction and maintenance of any bridges.
sary by the establishment of such ditch,
stating the same separately; and they
shall also report the total estimated BEN
efts in respect to the entire ditch and
branches If any, and also whether or
not, in their opinion, the estimated ex-
pense Of the construction Of such ditch,
are greater than the utility Of the pro-
posed ditch, or that the construction of
such ditch is impracticable for any rea--
son, stating the reason why 1t should not
be constructed.
In case the viewers are unable to agree
each viewer shall state separately In thu
report his findings on the matters dis
Whenever a public ditch Is located
wholly or in part in the bed Of a private
ditch already or partially constructed the
engineer shall make an estimate Of the
number of cubic yards of earth already
excavated on each tract Of land and Of
the amount Of the reduction in the cost
of constructing the portion Of the ditcn
on each such tract Of land by reason OF
such private drain having been construct:
amount from their estimate Of benefits,
If any. against such tract of land, max
Ing an appropriate notation thereof on
Sec. T. All lands benefited by a public
ditch, drain or water course, and all pub
lie or corporate roads or railroads so
benefited, in whole or in part, shall be
assessed in proportion to the benefits for
the construction thereof, whether said
ditch passes through said lands or along
or near the line of such roads or railroads
or not, and the viewers in estimating the
benefits to lands, roads or railroads not
traversed by said ditch shall not consider
what benefits such lands, roads or rail-
roads will receive after some other ditch
or bitches shall be constructed, but only
the benefits that will be received by rea-
son Of the construction of the public ditch
as it affords an outlet for the drainage, or
prevents the overlooking Of or otherwise
directly benefits such lands. roads or
Sec. S. Said viewers shall forthwith file
with the county auditor a report Of all
their doings and findings in detail, includ-
ing expenses and the actual time they
were engaged They shall in every case
completely perform every duty by this
act imposed upon them Except in case
of re-reference, as hereinafter pro-
widely, within thirty days from the date
of their first meeting; provided, that\ If
the water be SO high, or the weather so
Indictment, or such unavoidable accident
occur as in the opinion Of the board Of
county commissioners to practically and
reasonably prevent them from SO doing,
the necessary delay caused thereby may
be. excused by such boardi but the re-
port of said viewers must in such case
state the reason for such delay, and
If such reason be not deemed sufficient by
the board of county commissioners such
viewers shall forfeit one-half Of the COM
pensation hereinafter provided.
Sec g. Within three days after the
filing Of such report it shall be the duty
of the auditor to call a special meeting
of the board Of county commissioners, by
giving to each member thereof not more
than thirty-five days notice, in the man
ner provided by law for notifying county
commissioners of special meetings. He
shall also cause notice of the time and
place of such special meeting to be given
to all persons Interested by publication
for three successive weeks prior thereto,
in a newspaper printed and published in
said county, and by posting, at least
three weeks before such meeting printed