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

70 the land described In the petition they
the ause. and the amount Of damage.
and file said award in the office OF the
clerk Of the district court. of the county
where said proceedings are pending, on
or before the date fixed by the court, for
the hearing on said petition. i.
II the viewers find that no damages
have been sustained that are properly al
ilowable under the provisions Of this chap
said proceeding shall thereupon be dis
missed, and the expense of the proceed
-ings shall pc paid by the petitioner. and
maintain an action therefor on the bond
hereinbefore provided for,
Upon said hearing or the date fixed by
the court, or In case said matter be ad:
day, the court shall hear and consider
such petition, and the evidence offered by
the petitioner in support thereof, and
thereto by, parties who may be assessed
for any damages allowed In said pro-
.ceeding, and shall also take into cor:
sideration the report Of the viewers. and
that the said petitioner is entitled to dam
ages IN accordanee with said viewers re-
to that effect which damage a''o may
include all the expenses, and costs
OF the levers, other expenses con;
HSSHsIO Law WAIAAs WHICH O1ASE = dalu
o otiio ! & the s1e dIstr,e ss court 9le 81 the In .coua IT,
where said proceedings are pending. and
s 8 eer fIsFk s shall tn fSs o.n1 forthwith II 1fa d a,
fce of the county auditor, and IL the
original proceedings were had In more
thar one county he shall file 9 certified
or county auditors as the case may be,
against the land that was found 5' IN tie
original proceedings to construct the
IN the proportion and manner, and under
the like proceedings theretoforef had and
a as provided for in the original order on
After the expiration of the time for an
appeal has expired as provided for in this
act, and no appeal has been TAKEN, the
court shall issue an order on the county
case may be, In favor Of the petitioner.
for the amount due and payable, to him
under said award, If any, from said
c 6 y =. or each Of said counties as the
the same If in more than one county An
accordance with the assessments made
In the original petition on file in said
cause.
Sec. 81. ANY party may appeal from
the judgment of any appealable order Of
the district court, or who claims dam
ages or against whose property benefits
eos ass ss in o may a aRpsa1 t. fpo the a SSpr 6ma1
Wv " lilly 141lCA4
order, except an order establishing such
ditch, or drain in proceedings under this
chapter, within 30 days after the filing Of
and bond required as in civil actions upon
an appeal to the supreme court. The ap-
pellant shall also serve a COPY Of the no
ttce OF appeal and bond on the respective
attorneys Of record in the proceeding, and
file proof thereof with the clerk. In case
the appellant prevails in the supreme
court. and the cost of the construction Of
sold 13$1I ~ ~ -
count Of said appeal. having. been deter
mined in favor Of said appellant. and
damages or costs are awarded to the ap-
pellant o upon a + rem d,ntr,f from IT. the 81 %pa
clerk of the district court shall notify the
judge of the judicial district wherein said
appeal. was taken, whereupon the judge
auditor or auditors. if in more thar one
county, to pay the amount adjudged to be
due the appellant upon such appeal; to
yoives land in more than. one county the
judge shall order the same to be paid pro
p~ortlonately. out of the general ditch
fund of each county, in proportion to the
county for the construction Of said ditch.
thereupon the auditor or auditors of each
county shall issue county warrants upon
the general ditch fund in the county
treasury The said auditor shall there
upon, or In case the same is in more than
one county, the several auditors shall
several land owners who were orig
inally assessed for the construc-
course, and enter the same upon
tax duplicate against said respective
lands. in the same manner and proportion
as provided for in the original order in
said proceedings, which said amount shall
due and payable in the same manner as
provided for in sections twenty-one and
twenty-five Of this act.
Sec. 33. In case the petitioner or petit
tain such ditch. or drain at: their own
expense, the petitioner need only. offer
to so state in the petition and set forth;
the public utility or benefit to the public
such ditch or drain is necessary In order
to drain. and reclaim lands described in
said petition, a general description OF the
termini. and routes, as nearly. as the.
same can be determined; a description OF
all lands to be crossed or otherwise dam
o oSsa thereof. # : the s! same is is known Or
can be ascertained with. reasonable dill
gence; all public highways. corporate
roads road and and 1 all 46ar to be e ei}S 80 or 9 others
Of the towns in which such public high
ways are located. and of the corporation
owning each corporate road and RAN
err or petitioners may file in the office
where the petition is required to be filed
any maps. plats or specifications describ-
filed. may be referred to In said petition.
All provisions of this chapter Shall apply
to bitches or drains thus petitioned for
visions relating thereto.
Sec. "a. The petitioner, or petitioners
shall also accompany said petition with a
bond in the sum Of not less than two
h hpnfdhr s co1 fifty d. dol aa;nt,s ss25e2 } + ,pay al lie
nay be, for the benefit of such county
or counties and Of all persons, parties or
corporations interested, and with at least
or a surety company, and acceptable to
the court or county attorney. which bond
may, OF request of the county attorney,
or order of the court, be increased in
amount as circumstances may demand.
or the prospective amount of costs, and
expenses to be incurred may require, con-
ditioned to pay all damages, costs and
expenses that may be awarded, assessed
or incurred In the proceeding. under said
petition. In case an additional BOND shall
be ordered by the court, and the petition
time to to furnish fa ishle the same, the eer proeeeae
ings may be dismissed. otherwise the
court shall proceed to hear and deter
mine said petition, and like proceedings
Of this act. except that at the first hear
ing upon said petition the court shall APP
point three viewers, having the same
QualllCaLlONS, ana shall take the same
oath, and shall receive the same com
pensation as the viewers, provided for In
Of said viewers may be a civil engineer,
and need not be a fre%eholder, or resident
of the judicial district. Said viewers shall
within ten days prior to the time set for a
hearing thereon, file a report show
ing either by direct statement or
by reference on file in said proceeding, thu
location and character Of the proposed
highways and railroads; place of en-