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

ers' reports aps Which shall include All ii.
seeess ana ex ]ne,Trea and ID f TIE ' taat maA .,
Of. the same. ana connecfed Herewith
ali to be allowed by the court, and shall
Gste an order fb to t be ma sast and aS h bs ed 1hara1ln
parcel of land owned BY the difreren
owners, SO benefited by the construction
proportion to said benefits, and the dam
ages, if any, are to be allowed. and t.
be paid on account OF the con
s ST. iaeinds Of 1t, the the sa% cost, g Sf fhe s sha3
in order to arrive at the total cost, which
order and findings shall be filed in tn,
Office Of the clerk OF court. Of the count!
whereupon the clerk Of said court shal
endorse his filing thereon, and forthwith
file a certified copy Of the same IN til, tn!
county, and in case such ditch, drain O.
water course extends into more thai on
county, the said, clerk shall file q certified
nn R1ovid eTder t III th ghene eosrt e es
tablishing. or refusing to establish, an!
d dhsl1 b t@ E ggGe eside' an @mdHr t or DECLARES esnnsei
void. by any court by reason OF q failure
to give proper notice of the tendency Of
said petition, and viewers. report, and o.
thereof, or any adjourned hearing, tn
court shall issue an order at n time
within one year thereafter upon appllca'
a rehearing thereof, notice of such meet
ing and rehearing shall! be given IN the
same manner as hereinbefore provided
for in the first instance, and at such
meeting and hearing the said court shall
proceed ia reconsider such report. shall
act upon the same, and make findings
thereon as justice may require, and may
r~e-establish such ditch in conformity
with the provisions of this chapter:
Sec. 13. In case any lands belonging to
the State of Minnesota, are drained or
act. the clerk of court shall also file a
certified copy Of the order n findings
of the court so far as it affects state
lands, but private lands shall not be in
clgded in n said re port with Wit 1 the ffa5S aua aftar
the filing Of the certified copy in the Of
flee of the county auditor or county au,,
ditors. as the case may be, as PROVIDED
for in section II of this act, the said au-
ditor or auditors shall make. in tabular
form a list and statement showing the
following facts: -
First-The names Of the owners OF all
be i%ncluded). The James Of all public
or corporate roads within their respective
counties benefited by the construction of
such proposed work as appears from the
u OH llC IL ll4C
S~econd-The description of said lands
as the same appears in such findings, and
so affected, together with the total num-
Der Of acres Of each. tract according to
the assessment rolls and tax lists OF such
county.
Third-The estimated number Of acres
in each tract Of said land.
Fourth-The estimated amount OF bene-
fits and damages to each of said tracts
of land, the estimated amount of benefits
and damages to each public or corporate
road as the same appears In said view
of the court, made in said proceedings.
Fifth-The amount that each of said
tracts Of land. and that each of said. cor
porate roads so benefited will be liable for
and must pay into the treasury of each
county for the location. construction and
establishment of such ditch, drain or wa
ter course, as shown by the order Of the
court on file in said petition.
Sec. Is. Such statement shall then be
signed by the auditor in the presence Of
two attesting witnesses, and be duly &C
knowlss 3ag LIB; by hin him rs and hall Il, then hen be be
gister Of deeds of such county. The
amount which each tract of land and
each public or corporate road will be
hereinafter provided, shall be n re-
main a first and paramount lien on such
land. public or corporate roads, until
fully paid; and shall take precedence Of
all mortgages, charges, encumbrances or
other liens whatever, such payments
may be made as hereinafter provided.
Such filings shall be deemed notice to all
parties interested of the existence of such
lien. The fees of such register of deeds
for such recording shall be paid by the
county. on the allowance and order Of
the court by auditors warrant, and said
recorded, shall be returned to the auditor,
to be by him placed with the other papers
relating to such ditch, and carefully pre-
served by him..
Sec. 16: Any land owner aggrieved at
the decision and amount finally as
sessed against his said land on ac-
count of the construction of the said
d al he or r4 on account of d, OF the d n;simHg nee.
right-of-way or Other damages, may de-
mand a jury trial. The costs and dis
bursements of such trial shall be taxed
az easa b the fa} Party t5 in d=s;aandi 4hs a smeh fFi al
the award for damages or decrease the
amount Of the assessment.
Sc. II. Any party may appeal from the
5nayinent of n J., APP; aRpea a5afaes order q 81 of Of the n e
against whose property benefits are as
sessed may appeal to the supreme court
as in civil actions from any inal order
except an order establishing such ditch,
within thirty days after the filing of
such order, by filing the notice Of appeal
and. bond required as in civil actions upon
appeal to the supreme court. The appel
of appeal and appeal bond on the respec-
tive attorneys in the proceeding, the
attorney general Of the state, also upon
the clerk of the district court, and file
proof Of such service n the original no.
tice with the clerk, whereupon the said
clerk shall certify the case to the SUI
other cases appealed to- said court. In
case the appellant prevails in the supreme
court, and the cost of the construction
of said ditch. drain or water course is
~oo ~ 80 ~-:1 ---~- -,
ing been determined in favor Of said ap-
pellant, and damages or costs are award
ed to the appellant, upon a remittur from
the supreme court to the district court
the clerk Of the district court shall notify
the judge Of the judicial district wherein
said appeal was taken, advising the court
of the action Of the supreme court in
the district court shall make a further
finding and order assessing the amount
against the tracts of land originally as
sessed for the construction of the said
ditch and proportionately distribute the
same, in proportion to, and in the same
manner as the original assessment. The
clerk shall thereupon certify the same
to the county auditor, or county auditors
as the case may be, and the said county
auditor or auditors shall cause the same
to be spread upon the tax duplicate rec
ord, and a statement thereof to be filed
in the registers office in the same man
ner as under the original assessments.
Sec. IS. At the time of filing of the
order and findings by the court, as pro.
vided for the general assessment, the
clerk Of the district court shall also
furnish a certified copy thereof to the
drainage commission Of the State of Min.
nesota. w%hereupon said drainage commits
sion shal proceed to advertise for bid:
for the construction of any proposed ditch
or %lateral,' or for the repairing, extending
deepening, Strengthening, altering, Of
clearing out any ditch, river or natura
water course proposed to be repaired, ex
tended, deepened, altered, or cleaned out