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

than twenty da,Ys5 distant they shall
f fsus g, The tgT = q a,ssakx, 70 n g +. u M sriti l1,s
place Of such hearing. ii case the owner
unknown, ssrvlee ,faay 81 had, 81 post
is Us Tr' teWns atai95e e l e. .fr Ten pS5i sys Bsfsss
the hearing, and one notiee upon the land
Of such aRRsgsI1t Or unknown. 2wnfr.
R,afs h {hst q &c sa Rro R2ltltes; 3 i 'f eSss srs : q:
Ing section have. been complied with, and
the requisite notices given, proof OF which
e. Fa,a exa n msq per 81 i1iaay ths. s tsrriteer rY0s 81,
s sSs{s she'll hear sasr my nrsp psrs5hh a1 Tor Of = a%saiasti
saa ,ay Sna . Gst And aadta eon 1,ssn ths a%0 81 the
tion as they deem proper. II they decide
such ditch or drain, they shall make OF
ton thereof, and Incorporate the same n
cause such erder.. together with The peti-
who shall note the time Of ming thee
same. and on refunal Of the supervisors
|t2 lay gut and construct such ditch or
back Of the petition and file the same as
Al orders. petitions. and %attldavlts. to;
bbs'n made w, out md = aM aled IN o. the aa% to%n cls shai1
office. within i've days, after the: date
Of the order for the laying out and con-
struction Of such ditch or drain. In ad,
shall include in said order establishing
such ditch or drain. the size and depth
thereof. when It shall be constructed and
Sec. 8. In arriving at the amount Of
damages to be paid, any owner or owners,
the board of supervisors shall take into
consideration tho benefits to n land
struction Of said ditch or drain, n If the
benefits to said land owner or owners
exceed the damages, then and in that
shall be allowed no damages, but the
amount which said benefits exceed the
amount Of such damages shall. unless
E Raad By bsne ehs oT into the or town Swnf treas of te of
such town, within fifteen days after the
construction Of said ditch or drain, be by
the said board of supervisory. assessed
town clerk Of said township shall certify
the amount thereof to the county au-
ditor of the county in which said land
lies, n the said county auditor Shall,
and It is hereby made his duty, to extend
the same as taxes against said land, at
the same time, and in the same manner
as other axes under the laws Of this
and said amount so assessed, shall be col
the laws Of this state At Provided deaf that the
VI Cl1C1 81 dSS0SSSu 61ld1A
not exceed in amount the costs Of laying
out and constructing said ditch or drain
added to the amount Of all damages as,
construction Of the same. Wv "A'N
After the expiration Of ten days from
the filing Of the order so establishing
said ditch or drain, the petitioners there
for may proceed to construct the same,
in the way n manner provided in the
order of said board Of supervisors estab-
fishing. said ditch or drain, but no ditch
damages assessed are paid. to the person
entitled thereto, or paid into the town
treasury for the benefit of the person en-
hereby authorized to require such Sc
curity as they may deem necessary, suit
able and proper from the petitioners, for
duties p1 1ader the Rss1 terms Of this Is a ct. at 9t ang
stage In the proceedings Hereunder, n
the said ditch or drain shall be con-
strllcted under the supervision Of the
said board Of supervisors, who shall have
authority to approve the same.
Sec. 5. Whenever any town board re-
ceiyes a petition praying for the location
a and tbe eGn1 tawn and Of exf 2 d,toh ,D or drain ntbat
own or towns, they shall Immediately
notify the town boards of such other
town or towns, and the town boards of
thereof. acting as one board, shall de-
termine said petition. They shall be gov
erned as to notices, Of hearing, and all
by the provisions Of this act provided for
the government Of town boards Of SUI
pervisors In establishing such ditch or
d d1sd in a tS copy {o Of the c1a gEoeee o3Iog shall 81 aab be
town mentioned in the petition. and the
town boards Of such towns, or a major
ity Of each aeting together, shall deter
fact that there may be townships located
and the fact that said townships;
not affect their right to hear and de-
termine said petition, and act thereon;
but In case Of an assessment against any
iaRd5 by reason - OF, ss or on d; aeeou nj Of grd the
which land lies in a county different from
which is located the starting point of
said ditch, then and in that case, the
ditch or drain commences, shall certify
to the county auditor the amount of the
assessment against the land in his said
c of Thy c ama IT a is hfreo " m mao cd the duf iy
which said land Is located, upon receipt
Of such certificate, to extend the amount
as a tax against said lands, the same
vided for the extension of the same as a
tax against the lands benefited thereby.
Sec. 6. In the event of an assessment
vided, upon the COLLECTION thereof by the
county treasurer, the same shall be paid
into - the e., town treasury Re Of the town in
treasurer 80 collecting the same, ana the
petitioners for the said ditch who have
constructed the same, shall be entitled
to said money paid into the town treas
ury under this act, for the construction
of said petitioners. paid to them upon a
proper application therefor, duly filed with
the town clerk Of said township and up
on a warrant drawn upo the treasurer
Of said town. by the order Of the board
of supervisors thereof, which order shall
be made whenever a sufficient showing is
made to said board of supervisors, that
the petitioners for said ditch are entitled
thereto.
Sec. Z. In deciding whether any ditch
or drain shall be laid out and constructed
under the provisions Of this act, the board
Of supervisors may take into considera-
person, over or through whose lands the
same may be located.
Sec. g.. The town board or town boards
Of supervisors under whose authority any
ditch or drain has been constructed, UNI
der the provisions of this act, shall, on
owner Of lands affected by said ditch or
drain, keep the same in repair and free
from all DISTINCTIONS. They may widen,
deepen or enlarge the same 50 as to
town board or boards shall, before MAX
ing repairs or other works, give not less
than five days notice of their intentions
so to do. which notice shall be served
upon the same parties and in the same
manner as is provided in section 1 hereof
in the case Of an original proceeding. The
expense and cost of such repair or other
work, shall be assessed by such town
board or boards, in the same manner, and
against the same lands, as is provided in
the original cost Of construction, and the
town clerks and county auditors, shall
perform the same acts as In assessing the
MI crfr q ! oncf IF cfrJpof{or ~ 1910