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

9NNaO e7s 49, 1 s-s-sa - ~
be benented by such repairs, removal OF
obstruction. widening O. deepening, ac-i
scording to- such benefits In their judgment,
They shall make q written statement Of
s so BIZ ss sadsfor e a sns e asnysr x shs s shaIl
duplicate, and Il shall be a first and
paramount lien upon such lands the am
a isets sda1 Il ahe s sGna'z names laasr' as sna State Rs sn q
county taxes. The provisions Of this Sec
ton shall also apply to all works con-
structed for The purpose Of drainage un-
In this state, except state bitches. II
they shall be Of the opinion that such
assessment, or any part thereof. ought to
county, commissioners thereof shall. on
request and written notice of not less
than ten days, meet with them at a time
and place by them appointed, and they
certificates to the auditors Of the proper
counties.
A majority Of such commissioners as
attend any such meeting shall have power
to act and decide any question n to
make the assessments and certificates,
and upon failure Of any commissioner to
perform the work required of him by this
section after ten days notice in writing to
him by any person interested, he shall be
liable for all damages caused by such fail
pre to perform his duty, to be recovered
He shall also be deemed guilty Of a mis-.
demeanor and. upon conviction thereof.
fined not less than $40 nor more than $50.
Sec. Fl. Whenever it is made to APP
forth the facts which petition may be
presented by the county attorney or the
attorney for the petitioners, that the coun-
COUNTIES in which aca't such j. judicial i i ied ditch is
located is unable to sell the jobs for the
letting Of said ditch. and the work neces-
s sacyrn for the construction thereof. as
count Of the estimated cost Of the con-
~struction of said work for the whole o.
said ditch. or n separate portion there
than any offer or bid received for the
same. and said petition shall set forth the
amount Of said estimated cost. and the
a am INT Of said offer or BID for the job;
one-half, of the persons or parties inter-
ested whose lands mey be assessed for
the construction of said ditch. shall con-
by an order direct the county auditor,
or county auditors, as the case may. be,
TO sell such JOB Of work to u respon-
hneie that 9iaa afata sGr IN an nai am nst;4io not It. e oFseead
by the lowest bidder for said work., and
the court shall thereupon amend its find
!ngs SO as to equitably distribute lei
AHS SOol5 LUZ LIS CONSTRUCTION OF
be embraced In said petition and original
findings among the several land owners
afIected by such change or changes in the
In proportion to the assessments made
under the original findings, and the coun-
ty auditor or several county auditors
amended findings shall distribute the
same, and enter the same upon the tax
duplicates against the lands to. be as
OF eTSs drai bor a anS CONSTRUCTION im tba aeme Of said ditch h
h%ereinbefore provided for entering up
such assessments on the tax duplicate,
n filing q verified statement or state
deeds. oA -
Sec. %. # the engineer appointed by
ras court ia fails to qualify, or at any time
tf he nragr d1es o. or be becomes ONES, Disabled during
forthwith appoint another civil engineer
having the qualifications required by
this chapter instead and place Of the
the bond and take, the oath required by
this chapter and shall do all things res
naming to be done by the original ap-
Sec. 20. The engineer shall have power
# the court that appointed him consent
thereto. to appoint assistant engineers,
whem necessary, tor whose acts he shall
move at pleasure. Any such assistant
engineer shall, before entering on his du-
{ {er IL tak e. the y :, cath required by this chap:
appointment shall be filed in the office
where the original petition was filed. The
rate or compensation Of assistant en-
effneer snail in no case exceed the rate
OF compensation of the engineer and shall
PC liked at the time of appointment by
the court.
Sec. 80: In any proceedings. heretofore
or hereafter had for the establishment of
a ditch or drain or the changing of a
water course. when an engineer has been
appointed and has made a complete sur
vey, and report thereof, n for any rea-
one and the proceedings dismissed,
stituted for the establishment, of, q,
e oaer or gram. or the changing of a wtaer
course, Tor the benefit or reclamation Of
the same territory surveyed in aid for
mer proceedings, or q part thereof, and
territory additional thereto, the engineer
stakes and made in said
former proceedings, as far as practicable.
or as much thereof as may be applicable
n the cost thereof in said former pro-
ceed1ngs, or Of such part thereof as used,
shall be paid for as part Of the subse-
quent proceedings in which such report,
survey; stakes and monuments, or part
thereof. is used.
Provided. that when a bond has been
heretofore. given under and pursuant to
the provisions of any drainage law of this
state; n the party or parties giving
csNA WAN AA1VOS OOCduSG - Tie T6luSal OF
the court to order the construction of the
ditch petitioned for, been called upon to
pay to the county the expenses incurred
n tias sa' I proceeding and said party or par
such expenses, and after such refusal bv
said court proceedings are instituted
anew for the establishment of a ditch or
gram or the changing of a water course
Tor the benefit or reclamation of the same
territory surveyed in said former proceed
in1gs; or a part thereof, or territory addi-
e lie n; thereto, and the engineer uses the
monuments. made in said former proceed
lnss, then. and in that event, the cost
OF sa1d work Of said engineer, and his as
SlStants' IN said former proceedings, shall
pc assessed against the lands benefited
and paymen of the costs incurred by rea-
son Of the work Of said engineer, and his
shall be made by said county upon col,
Letting the same, to said party or par
ties Who have made payments as afore-
said under their bond.
Sec. 81. That whenever any land adj
Jacent 10 any ditch or drain constructed.
either under the provisions of this chap
ter, by which the original cost of said
ditch or drain was assessed against the
9enented property may be or has been
Of such ditch or drain, by reason Of a
part Of the soil being carried away by
water flowing through said ditch or drain,
or by the deposit Of earth or any other
ed), on said land, and which damage was
not considered and included in the award
OF tne viewers appointed in the proceed
owner Of the land so damaged may. at
any time within six years after the com
pletion of the ditch or drain causing such
damage petition the court for the ap-
pointment Of viewers to ascertain and re-
port the amount of such damages, such
petition shall state the description of the
a n alleged to have been damaged, the