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

county commissioners, shall cali e spe-
cial meeting Of such board OF county
petition and viewers report, and shall
Ing. in the manner hereinafter provided,
county oaG t. commissioners shall lip proceed to
reconsider such report shall act upon the
same and make findings thereon and may
the provisions of this chapter.
Provided, further, that whenever. upon
appeal in proceedings. under and pur-
suant to any drainage law Of this state,
dismissed said proceedings on account of
the failure Of the county auditor TO give
proper notice Of the tendency of said
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 til ,, within one year after the nf
any petitioner in said proceedings. or
upon being directed by resolution by the
board Of county commissioners, shall call
special meeting of the board of county
commissioners for rehearing on such
petition and viewers report and shall
give. notice Of such meeting and rehsar-
and at 'i such la meeting the said board Of
county commissioners shall proceed to
reconsider. such report. shall act upon the
same and make findings thereon and
with the provisions of this chapter.
Upon due publication, posting and mall
ing Of the notice provided for in this sec
shall shall i have eo jurisdiction Of each tract Of
land and of all other property in said
viewers report described. including any
land added by the dIansge &c Of any e
s scssi in ms said notice. and of each tract
private corpora lions 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
sons and corporations having or owning
any interest whatever in, or any mort
gage. lien or incumbrance against any of
tofore In this paragraph REFERRED to.
Sec. 10. Said board Of county commits
sioners. at the time which may as afore-
set Tor the hearing Of said petition and
reports Cor at any time to which said
hearing may be adjourned from time to
othe er shall proceed s to hear and con-
slider the same; and all persons interested
may appear and be heard by and be-
fore ct n BY the en R1seG
an nSs at least z two Of The vfTe ad Sha &C.
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-
sions Of this act, and that the estimated
benefits to be derived from the construc-
total costs, including damages awarded,
and that such damages and benefits have
been duly awarded and assessed, and
that sad w9 {bs VIII be Of Ppo1G ut he
such reports are complete and correct,
they shall by an order containing such
findings establish such ditch as speci-
and establish and confirm the viewers
report; provided that in case the viewers
report IS found to be defective or erros
env In shs have eG sahop
t to SAID al ?is~srs: + neeessarg: or otheES
re-reference If any, to be assessed
against the land benefited. In case the
agree in their findings, the board
of int and chene
case Of such re-refersncs the
viewers shall proceed sunnarily to make
report the same to the said board of
county commissioners.
sec II. When damages are awarded to
cess Of benefits, If any, and the same
shall have been duly confirmed, the board
Of county commissioners Of each county
IN which any OF the lends for when s sucn
order the same paid out Of the treasury
Of such county, on warrants to be drawn
and attested by the auditor and signed
rants na shall be issued ~ at Tie expiration Of
tH t' as f s aot h1s spPa zsah
o1Sa Ia AZ 1,,a md r,oS
BILE Immediately after the letting Of con-
tracts, as hereinafter provided: In case
Of appeal, or in case Of any. postponement
or delay in determining the amount OF
ton. Warrants in favor Of such person Or
corporation shall not be issued until the
final deter1niaatio9 thereof; When the
shall be the duty of the clerk to inme-
diately transmit to the county auditor OF
each county affected thereby a certified
order or judgment thereafter made in ths
thereupon the same duties shall devolve
upon the county. commissioners and au-
an award shall have been finally con,
f1rmed it shall be the duty Of the board
Of county commissioners Of the county
in which the lands, in respect Of which
cause to be forthwith paid to the owner
of such property an amount Of damages
over and above all benefit which may
at the rate Of 6 per cent per annum,
from the date to which such assessment
relates to the date Of such payment. #
in any case there shall be doup IT, az :. TO
taken, such board may require OF tho
claimant bond, with good and suffl-
Gent sureties. to hold the county HARM
ssS f ang e soud
and show himself entitled to any part Of
such damages.
Sec T. Any person or ro on ag
der Of the board of county commissioners
made in the proceedings. and entered
upon their records, determining either Of
First-The amount Of benefits to any
tract Of land or owner of any public or
corporate road or railroad;
Second-The amount Of damages al
lowed to any person or persons or cor
poration.
Third Refusing to establish such pro-
10 render such appeal erectual the ap-
pellant shall file with the county auditor,
within and not after twenty (2O) 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 appeal
bond to the board of county commission
With at o Least dt tT ee o N
and fifty ($25O) dollars, to be approved
by the auditor of the county in which
such appeal Is taken, conditioned that
said appellant will duly prosecute the
ad5udged against him, and to abide the
order Of the court. Within twenty COY
days after such filing the auditor shall
make complete transcript Of all the
papers and proceedings on file and of
record in his office, so far as the same
pertain to the premises or matter on ac-
count Of which the appeal Is taken, to-
gether with the notice Of appeal, to the
clerk Of the district court.
Any person deen1ing himself aggr1eved
by the determination In any. order estab-
fishing the proposed ditch Of the amount