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

ing such ditch, n after payment or ten
der Of damages the petitioners may. in
like manner. enter UPON such lands for
the purpose of constructing, maintaining
or repairing such work.
Sec. 81. The bondsmen for the pet1-
toners may agree with any person claim
ing or entitled to damages as to the
amount thereof: such agreement shall be
filed in the Office where the original pc
tition was filed and in case such lands
covered thereby shall not be considered
by the viewers
- Sec: IS; Nc e {oRa or eogp4satio n, shan h ]
error committed in any proceedings un,,
der this chapter either by the board of
county commissioners, engineer. viewers,
sons. nor of any informality. error or de-
feet appearing in the record of such pro-
ceedings unless the party eom a = :
the court shall at any time modify any
assessment or assessments or enjoin the
collection thereof or release any person
ner affect the rights or liability, of any
other person. Whenever a ditch has been
established, either under the provisions
law s'i BY 'l Wbich the h cost cost Of construction
was assessed against the benefited prop
erty or corporations and the contract or
been or shall be let without col,
at a reasonable price, no defect or lack
Of notice in the letting, making or exc,
u odlo CoAAS y VI ~
no variance between the advertisement
and the contract as to length OF. time or
manner in which said ditch shall be con
structed shall invalidate in any way the
ditch liens or ditch assessments nor
shall the fact that said contract has been
or may be let containing provisions dit
erence to the time or method in which
the proposed work shall be completed or
constructed, in any wa; invalldate SAID
contract, provided such extension of time,
or change of method, was made in good
faith and by reason Of delay in obtaining
bids for the construction Of said ditch or
tract or contracts has been or shall be
let with the approval of the engineer and
auditor or auditors. and if said ditch has
been or shall be constructed pursuant to
the contract, the contractor may recover
the contract price thereof from the coun-
ty or counties and no ditch lien or ditch
assessment shall in any way be DELAYED
or invalidated by reason Of such variance
between the contract, and the notice of
the letting thereof.
Sec. 80. If any items of the cost Of a
drainage law, by the terms of which the
cost of construction is assessed against
the benefited property or corporations.
from it's inception to its completion, has
been or shall be omitted from the orig
inal tabular statement for assessment
made by the auditor and filed with the
register Of deeds, then a supplementary
by said auditor in the same form and
manner as the original statement, so far
as practicable, showing such omitted
for assessment shall be filed for record in
the office Of the register of deeds and
shall be due, payable and collectable in
the same manner, time and form as If a
part Of the last annual installment of
the original assessment.
Sec. 40. Whenever lands or public roads
ditch established under this or any chap
ter, by which the cost Of construction
was assessed against the benefited prop
said ditch by the construction Of any
open, tile or other bitches or by other
excavations or works, the owners of said
roads, shall pay into the treasury Of the
county charged with the repair of said
f dftch rec s9S same bS p Eaid non1as 91 seG 1 Iemaz
or public roads that the lands and pub
lie roads originally assessed were forced
to pay. Said amount, if not paid, can be
recovered by the county charged with the
repair of said ditch, in a civil action.
All moneys received by the county under
the provisions Of this section shall be
county.
Sec. Al. Nothing in this act coll
tanned shall be construed as limiting the
authority. Of the respective counties to
issue their bond as provided in this chap
ter, and the respective auditors state
ment shall be filed in the respective cour;
tlCS Gill liz RESPONSIBILITIES CO11cClCu dIlu
bonds paid by the respective counties as
Sec. A. Tbs word glitch as used in
eras acc Covered sr'all or %e t lied ditch 5nc; and amy
drain, water course or creek. and any
side lateral, spur or branch bitches and
ferred to in section 1 Of this chapter, and
the petition Of any public ditch, may in
ciude any side lateral, spur or branch
the Improvement.
Sec. 43. It shall be the duty of every
railroad company in this state, owning
through which it shall be necessary to
construct any ditch, drain or water
course in order to effectual!y drain, the
drainage proceedings. hereunder to per-
to be constructed over its said right Of
course, across said right Of way shall
be an underground drain when practic-
able, otherwise to be constructed in the
not to impair the usefulness Of the rail
road. Any. railroad company in this
t t5at obs fetefln the pe conzfSl5ef5o or CONTINUES CO n,1e5
drain, ditch or water course across its
said right Of way after the same has
n mande oIo foe tb ana aon Wrlf1en PERMISSION af f5e aa DE
construct the same, Shalt forfeit the
day that such refusal or Obstruction con-
tinues or is made after such written de-
mand. to be recovered in a civil action by
the soe contractor or other party aggrieved:
shall. be competent to perform the duties
required by them by this act.
Sec. IS: The engineer shall receive the
sum of five dollars. $50 per day for every
day he is necessarily engaged in perform
ing the duties required of him by this
act. and his actual and necessary ex-
penses. incurred in and about the same.
Gs? per day for every day they are neces.
making up and filing their reports, and
their actual and necessary expenses.
Each rodman shall receive the sum of
lowed in addition thereto his board and
lodging for each and every day
he is employed; and each chairman,
AMMAN. and every other en-
Of the work Of locating or inspecting a
public ditch shall be allowed one dollar
and fifty cents (S1.50) per day, and NAV
be allowed in addition thereto his board
q; and tn1 lodg adf;,a for e the time s %sa psrS9n
auditor Of each county, and the clerk OF
the district court, county attorney, regis
ten. sheriff. and county commissioners
for their services under this act
and such compensation shall be ir
addition to all sums allowed by law al
the time Of the passage of this act
The fees Of officers shall be such as
services or modified as the court may d.
rect. except that the court shall fix the
compensation of the county attorney, and
attorneys for the petitioners, but no fees
services rendered in the prosecution Of
any criminal action arising or growing
out of proceedings. but he shall advise
the county, officers from time to time