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

urer's office: Provided, that in all easel
in which, from any cause. sa.d notice
shall be defective, the county auditor
shall cause the same to be given so that
the petition M, may be heard at the next
LEGATION. When. said board shall be salts.
een M on w fbeg
an accurate survey of the line of such
proposed ditch. drain, creek or water
made by competent and experienced
civil engineer, to be anpointeu ny them
by resolution to that effect. The auditor
shall forthwith transmit to such engineer
a certified copy Of such resolution.
Upon the filing of the petition such pro-
bv the county auditor. as County Ditch.
No. .......'' and may be so referred to in
all subsequent proceedings.
Sec. 4. Before entering upon his duties.
sg e en- nee h ha 5Ye dos a9ad = 6e
with good and sufficient freehold sureties.
payable to the county Cor to the re-
spective counties. or any two or more
any part of the work is to be done, for
the use of such county, or counties, as
the case may be, and also for the use
to be aggrieved or injured by any negli-
gence or malfeasance on his part in act
ing as such engineer; to be. approved by
proceedings are commenced conditioned
that he will diligently, honestly and to
the best of his skill and ability perform
take an oath to faithfully perform his
duties. Provided, that the engineer shall
not be f fa to continue his bond any
pletion or abandonment of the work.
Provided, that in all proceedings COM
menced before the board of county COM
mlssioners of any county. the engineer
may, in place and stead Of giving a sepa-
rate bond as above required in each pro-
e eeengs for dtc 9Hnd 1y5g Or waep
courses in said county, upon or in which
he may be appointed engineer under the
provisions Of this chapter within two e.
s SuGh bond o IN the sum Of fouE theasand
freehold suretles. to Be approved by the
and also for the use Of ali all parties
who may show themselves to be ag-
malfeasance or his part in acting as SUCH
engineer, conditioned that he will dill
gently. honestly and to the best of his
such engineer in each and all such pro-
ceedings.
He shall make correct survey of the
course. and Of the branches thereof If
any. from its. source. or sources, to it's
outlet or outlets; and he shall cause
stream, at each one hundred feet; and
he shall make computation. of the num-
cavated and removed from said ditch.
each Of the one hundred foot stakes, and
removal thereof. and shall sum up tho
total number of cubic yards Of earth to
be excavated and removed for the entire
water course, and shall make an itemized
tabulation of all cleaning of obstructions
of water courses, building Of fumes. OF
ton of fences for the protection Of the
ditch, bridges or other additional con-
struction work found necessary, together
make an estimate of the total cost OF
laying out, establishing and constructing
the whole work dncluding branch bitches,
Other cry expenses Connected herewith, and
with the inspecting and certifying to tho
work when and as the same is completed.
depth of cut. width at the bottom and
width at the top, at the source, outlet.
and at each one hundred foot stake or
monument Of said ditch creek or water
Which the work shall be done; and may
completing the Several I contracts. and also
for completing any station or stations in
cluded in each contract, and shall have
provide for running said ditch Under
ground, through drain tiles, or other ma
terials, as he deems best, by specifying
terial to be used in such underground
work, and shall estimate the cost Of the
same as part of the total eos, cost Of the
creek or water course, or the branches
thereof, the engineer may vary from the
line described In the petition, J., or from
hest; provided he commence the ditch at
or as near the point described in the
setition as is reasonably practicable ., and
as nearly as practicable, and provided.
further, that he shall have authority to
specify such branch ditch or bitches as.
owners of lands likely to be assessed for
the construction Of the main ditch tho
full benefit thereof.
He shall also include in his report a
form Of contract as complete in its pro:
visions as practicable and which shall
contain detailed and complete 81, spec cafsa
ence to other parts Of the report, and
shall provide for all necessary super
vision of the laying of tile excavation eav tao
tractor or contractors, and which shall
define the relations which shall exist be-
tween the county and the contractor or
engineer the right with the, consent Of
the county auditor or county auditors,
as the case may be, to modify his plans
vided no changes are made that will
substantially impair the usefulness s,oH OF
alter its original character or increase
its total cost by more than two per
centum q per centum) Of the total orig
thereof, and the county attorney, upon
request from the engineer shall assist
him in the preparation Of SAID 5,f term OF
In locating a PUBLIC ditch. drain, creek,
water course, or the branches thereon.
the engineer may vary from the e., me ne ne
ing point thereof, as he deems best; pro-
vided, he commences the ditch at or as
near the point described In the petition t,;6,Il
as is reasonably practicable, and follow
down the line therein described as nearly
that t. he shall have authority to specify
such branch ditch. or bitches: as in his
opinion may be necessary to give owners
Of lands likely to be assessed for the con- .-
struction of the main ditch as originally
and he shall do the same things and re-
port the same data tabulations and esti-
mates with reference to said branches as
ence to the public ditch, drain, creek or
water course, or the branches Thereon,
described in the original petition H., pro- pro-
time and in the same manner as the
main ditch, or the engineer i nay only ny
future construction. But he must nix a
time limit as to the construction Of any
SUCH SUCH ' branch bitches. In all cases in
Which the route proposed is along high high
shall locate the ditch at sufficient dis
lance from the center Of such NJ highWay
Inc Hereof. The earth taken from the
d iIHe tn shall be SO placed, and the brush
timber taken from the right o of way
Roadway as to form a turnpike, which
shall be provided with sufficient and
suita BILE culverts or openings 50 as not
ia obstruct the natural flow Of surface