St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1907-05-10

cept that only ten (1O days notice shall
pe required. In case of personal service,
and only a two weeks successive publica-
ton shall be necessary, and non-residents
may be served personally outside of the
state without a publication of said notice.
Said notice shall briefly state the pend
neers. and viewers reports have been filed
therein. the time and place set for a
hearing thereon. and sufficiently described
the ditch or drain SO as to locate the
same. by stating the starting point and
ternini. n shall be subscribed by the
attorney or attorneys for the petitioners,
proof Of the service of said notice on
or affected thereby, shall be filed with
the clerk of the court in said proceedings,
which proof may be made by the certif-
icate of the officer serving the same, or
davit stating the facts, or by the affi-
davit of the printer in case of a publica-
Ton eha1, Of the and such proof
notices under this act.
Provided, that in all cases in which for
any reason the said notice shall not lave
been given, or in case the said. notice
Judge shall order the same to he again
given. SO that the petition may again be
heard at another adjourned meeting or
hearing, thereon, at a time and place to
be fixed by the court.
Upon due service of the several notices
hereinbefore provided and proof thereof
filed with the clerk. the court shall nave
JURISDICTION OF al parties or persons in
ceed1ngs, as shown by the viewers re-
ports, and of each tract of land and all
other property included in said viewers,
added by the drainage of any m%eandered
lake or the change Of any water course.
said. of not faeh a tract If Of ea land tr described af 9ad IN
owned BY any Of the peers perso rascf pa TT sHe or
corporations whose names appear in said
notice, that are affected by the proposed
ditch, drain or water course, and Of all.
oWnlng, or claiming any interest, title,
mortgage. lien Or incumbrance in and
to-, or upon any of the tracts of land in
volved in said drainage proceedings.
Sec. 10. The court at the time liked for
the hearing of said petition and reports
Cor at any, time to which said hearing
may be adjourned from time to time,
to hear and consider the same; and all
persons interested may. appear and be
5ed d. by 'yas and a., before ds FL him m; the engineer e,
present at such hearing. If said court
from the report of the engineer and from
the report of the viewers and such other
shall find that the engineers report and
the viewers report n all other proceed,
ings in the matter have been made, and
t in ACCORDANCE with the provisions
fits to be derived from: the construction
of said work, are greater han it's total
cost. Including damages awarded, and
been duly awarded and assessed. and that
said work will be of public utility or.
promote the public health, and that said
ditch or drain is necessary for the pur-
scribed and that such reports are COM
plete and correct, he shall, by an order
containing such findings, establish such
engineer, and establish and confirm the
viewers report. and shall in such findings
determine the total cost Of the construc-
l%aterals and ranches thereof, based up
on the engineers and viewers reports
which shall include the costs and expense
e of the sb engfnee g,d, fhairm and rs xisfWers''
fees, attorneys fees. if any, to be al
lowed by the court, and all expenses and
costs, connected Herewith, all to be al
der to be made and filed therein deter
mine the total costs to be equitably as
sessed against each separate tract or
so benefited by the construction Of said
ditch, drain, or water course, and in pro-
portion to said benefits and the damages
If any which are to be allowed. and paid
same, which shall be included in the cost
Of such ditch, drain, or water course in
same. and shall determine by such find
ings the additional amour to be as
sessed against each separate tract of
land when the anne has been surveyed
age, and the cost thereof is included, as
sessed, n reported to the court in the
engineers and viewers report, which Or
Of the clerk of the court of the
pending. whereupon the clerk of
faia tne s : und Sn Forthwith sho tlis a cer ms
fled copy of the same in the office of the
county auditor of such county, and in
case such ditch, drain or water course
said clerk shall file a certified copy in
each OF the several counties.
Provided, further, that whenever any
final order of the court, or board of county
establish any ditch in proceedings under
THIS chapter or any prior drainage law
by which the cost OF construction was
assessed against the benefited property or
corporations, shall have been heretofore,
or shall be hereafter set aside, annulled
or declared void by any court by reason
OF a failure to give proper notice of the
tendency Of sad petition and viewers
the hearing thereof, or for any other
cause. the court shall issue an oraer with
in one year thereafter Upon the applica-
ton of n petitioner in such case for a
rehearing on such petition and viewers
report, 1otice of. such meeting and re-
hearing shall be given in the same man
ileF HeIelaDeAOIe PROVIDED, Tor the giving
Of other notices, ,and.at such meeting (and
hearing) the said court. shall proceed to
reconsider such report, shall ACT upon the
same, and make findings thereon as JUS
tice may require, and may re-establish
such ditch in conformity with the pro-
visions OF this chapter.
Sec, II. When damages are awarded
to any person or persons, or corporation
in excess OF benefits, if any,, and the same
shall have been duly confirmed by the
court, the court shall order the same paid
out OF the treasury of the counties in
which suci, lands lie on warrant to be
drawn, and attested by the auditor Of
each county, and signed by the chairman
of the board of said respective counties,
snch warrant shall be issued at the ex-
of such persons as shall have not ap-
pealed, and shall be dated and become due
and payable Immediately after the letting
of contracts as hereinafter provided.
In case OF appeal, or in case Of any
postponesnent or delay in determining the
amount Of damages due to any person or
corporation, warrants in favor of such
person or corporation shall not he is
sued until the final determination thereof.
When the award is confirmed by order
clerk to Immediately transmit to the
county auditor Of a. county affected
thereby a certified copy thereof, and ike
wise OF any final order or judgment there
after made in case Of any appeal or jury
trial and thereupon the same duty shall
aevolve upon the county commissioners
and auditors as hereinbefore provided.
Whenever an award shall nave been final
" confirmed the same shall be paid Upon
order Of the court, in the same manner
as hereinbefore provided, to the owner
| over n above all benefits which may
have been awarded therefor with interest