St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1907-05-10
tition to drain the land adjacent thereto,

or when for other reasons It appears ex-'
pedient he may shorten or extend the
tition far enough to reasonably efectuate
the purpuse for which the work liz EXTEND
ed. When. in his opinion, it will not be
del to the usefulness Of the
tensive section of the whole work, he
shall, as far as practicable, locate the
ditch on division lines between lands
as far as practicable, avoid laying the
same diagonally across lands. but he
shall not sacrifice the general utility. OF
the ditch to avoid diagonal lines. -.
desirable and practicable, and II the
to in writing; may provide f for the dsas dra1 r.,
owners thereof shall petition the court
to be a parties to said proceedings.
course beyond the limits named in the
petition, or by putting in branches or a
tile drainage system, and in such, case
the viewers shall assess benefits and
damages to such additional lands as here
matter provided.
Provided. further, that; if the bondsmen
FOR the petitioners agree thereto in writ
ing points. routes and termini of such
ditch, drain or water course, or he may
plan for the different parts Of the ditch,
drain or water tel course to flow in different
NNASA AN NlAoAA roAAS = =
making in fact more han one ditch.
Sec, 4. Before entering upon his duties.
such engineer shall give a bond in the
w ram s Of tw 'sna t 5sfficieat f aea y s SsT;3Ges.
payable to the county Cor to the respec-
tive counties, or any two of them. as the
case may bel, In which any part OF the
county. or counties, as the case may be.
and also for the use Of all parties who
may sho themselves to be aggrieved or
on his part in acting as such engineer,
to be approved by the district Judge Of
the district in which proceedings are com
.rnenced, conditioned that he Will, dill
Skill and ability perform his duties as
such engineer, and shall taxi the oath
to faithfully perform his duties.
Provided. hat the engineer shall not be
than six months after the completion or
may, In place or instead of giving q sep
arate bond as above required in each pro-
1ngs for bitches. drains, or water course
in said judicial districts, upon or in which
he may be appointed engineer under me
years after the fling M approval Of
such bond, in the sum Of o thousand
dollars (s4,0OOl, with good and sufficient
freehold sureties. to be approved by the
for the use of said county or counties,
and also for the use of all parties who
may show themselves to be aggrleVed or
on his part in acting as such engineer,
conditioned that he will diligently. hon,
estly, and to the. best Of his skill and
ability, perform his duties as gucn en-
Sec. 5. He shall thereupon, and within
the time prescribed by the court, make
a detailed and complete report OF his do
plans n specifications and description
of the lands over which the ditch or
bitches is or are surveyed and a sepaes
land surveyed upon request of the owner
FOR a system Of underground tile drain
age, and the cost thereof. including the
expenses and cost Of the survey. Such re-
and laborers, and the time each was en-
ployed by or under him, together with
his own time on the work, and every
other item of expense by him incurred in:
and about the said work. and ne shall
forthwith file such report with the CLERK
of the court after having subscribed and
sworn to the same.
gineer's report. or prior thereto: If the
Judge shall deem it best, he may by order
appoint three (9 resident %freehoide er +6 OF
construction Of the proposed work, and
not of kin to any of the parties known
to be interested therein. as viewers: 70
meet at a time and place TO pe speclleu
paratory to commencing their duties as
hereinafter specified. which time and place
shall be within fifteen Q5 days after
be the duty Of the clerk within five days
after the views are appointed to fur
nish said viewers a certified copy OF the
petition: and Of the order OF the court
mating the time, and place Of their first
meeting: In case any Of the viewers
so appointed shall;'fail for.any cause +
judge shall designate some person hav-
ing the. qualification above stated to a
his place. The viewers after taking the
e erder, WITH nHd1e or without said civil engineer.
and shall prepare a tabular statement
S nsmes If a the f owne as of Pr eseh tract te If
land to be benefited or damaged (said
names of owners to be the same as ap.
pears on the county tax duplicates a OF OF
given in legal form, and the total num-.
Der Of acres in each of said tracts of
land to be benefited or damaged (as me
case may beg; the number of acres added
to any tract by the total or partial drain
age or any meandered lake. or by the
change of any water course. and the 10
damage, if any. to riparian rights per-
tanning to any tract; and the amount that
each tract of land will be benefited or
work. When any ditch established under
this act trains. either in whole or in
part. any public or corporate road, or
beng1 5sd my ny Of rav Sgeh t Eoaas o 50 a 5hat su 5eS
road will be made better by the constr,lc-
ton of such ditch, the viewers shall esti-
mate the benefit ns arising therefro nnno to
said benefits, (names of roads
and other particulars necessary. to
Identify aiS,;o the na e ;sanpsstad tsaroh private ate
amounts of benefits to each) as a part Of
their tabular statement provided for in
this section; and the viewers shall also
ment the damages awarded to each mu-
nicipal or other corporation for injury to
any road or railroad. and from the neces-
sary construction and maintenance of
works rendered necessary by the estab-
lishment of such ditch stating the same
separately; and they shall also report the
total estimated benefits in respect to the
entire ditch n branches. if any, and
the total acreage of land drained and
to be benefited thereby. and where a sys-
tenn of underground tile drainage has
been surveyed ~ yedorf fn a. rep egG;fiaI by the aneo en-,
amount to be assessed against each
specific tract of land so surveyed for the
cost of such underground tile drainage.
each viewer shall state separately in the
report his findings on the matter dis
agreed upon.
Whenever a public ditch is located
wholly or in part in the bed of a private
ditch already or partially constructed the
engineer shall make an estimate of the
numbe of cubic yards of earth already
excavated on each tract Of land, and OF
the amount of the reduction in the cost
Of constructing the portion of the ditch.
on each such tract Of land by reason OF
such private drain having been construct
such tract Of land the estimated cost OF
such proposed ditch, making an apprO-