St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1907-05-10
lshed upon conviction by inc court FOR e

proceedings, and matters in relation to
said ditch; n every order made by the
drain. ditch or water course, or refusing
to establish the same, n every order
made in relation thereto under the pro-
visions of this chapter the record there
OF or a certified copy of such record shall
pc prima facia evidence thereof, and of
the facts therein stated. and Of the regu-
Provided. further, that If for any rea-
son during the tendency Of any proceed
ing hereunder, the court for n reason
any, time pursuant to any previous order
made therein for the holding of any spe-
clal or adjourned meeting or hearing in
said proceedings, the court shall not lose
Jurisdiction Of such proceedings, but
may make any new and additional order
or ore1 0rders > that ! 4,s may be necessary in the
der to arrive at a speedy determination
of all matters and the final disposition Of
all matters connected with said proceed
!ngs, and the final completion Of the
for.
Sec. 40. The state drainage commission
Is hereby authorized to cooperate with
or both, as the case nay be, in any
county wherein a ditch. drain or water
course has been or is to be located. for
any preliminary surveys for the same, or
IN charging and repairing the same after
it's construction. In making such survey
the engineer shall cause stakes or mon
uments to be set along the line of said
stream. at each 100 feet, or within said
distance as near as practical, and shall
make a computation of the number Of
cubic yards Of earth to be e~xcavated and
removed from said ditch, drain creek or
water course, between each of said
stakes St * ia and d. the ssa estimated : dc. cost per c sha13
sum up the total number of cubic yards
of earth to be ~excavated and removed for
the entire length Of such ditch, drain.
an itemized tabulation of all cleaning Of
distractions Of water courses, building of
fumes, or other wood or masonry work.
construction of fences for the protection of
the ditch, drain or water course, bridges
or other additional construction WORK
found necessary, together with the esti-
mated cost thereof, and max an esti-
mate of the total cost Of laying out. es-
work Qncluding branch bitches, If any),
penses connected Herewith, including in
when. and as the same is completed. He
shall also, in tabular form, give the depth
of cut. width at the bottom and width at
each l6o-foot stake or monument Of said
ditch, drain. creek or water course in
making the survey for any new ditch,
drain, creek or water course, or the
W dllClCS l lC o1Idl1 OC 6uAuCu ~
the same rules that are prescribed in Sec
ton 4 Of this act. The said state drain
age commission may also cooperate with
the several district judges and several
county boards in this state for the pur.
pose Of establishing and making maps OF
drainage water sheds, or a Typographical
survey of any county or counties for
ing such survey shall cause the roper
maps thereof to be made showing all the
details of such survey of any ditch, drain
ity of this act showing all the data per-
tanning to said ditch properly marked
thereon. which map. or a blue print there
e OF; shal au SH 1l'e %he IN the the 1a edtice lie ef that snf
has been surveyed, or if in more than
one county. a blue print Of said mar
shall be filed in each county, and If any
the original map shall be filed in the Of
flee of the state auditor. and whenever
such drainage water sheds are estab-
in the locality where such survey has
been made, must conform to the drainage
plan laid out and indicated on the map
showing such drainage water course. The
cost of making such survey shall be paid
by the county in which such lands lie. ex-
cept. however, that when any state lands
will be benefited, by thereafter construct
ing a ditch in accordance with such sur
be paid jointly by the state and county
in proportion to the benefits derived
therefrom, the states share to be paid out
portion to be paid by the county shall be
made from the general revenue fund Of
the county. and in case a ditch is subse-
quently constructed in accordance with
such survey, all private lands benefited
by such ditch shall be assessed therefore
in the same manner as hereinbefore pro-
vided for assessments for the constrl1c-
ever the state drainage commission has
funds available belonging to the state
be for the public benefit, or to promote
portion OF the cost and expense, not to
exceed one-half of the same. for the
purpose Of widening, deepening or
%straightening any stream or water course Sc
made to overflow it's banks by reason Of
an extra amount Of water flowing into
the same from bitches previously con-
and in the construction Of additional out
let's to any marshy or meandered lakes,
that AVE been caused to overflow by
ing into the same from any, ditch or
bitches previously constructed by the
state or local authorities, or that is so
shallow n marshX as to be no longer
cial public use Of a substantial character
for fishing. boating or public water sup
ply, and be of public benefit or promote
the public health to drain the same.
Sec. 81. In any ditch proceeding now
pending before any county board Of this
state in which for any reason the board
has refused to order the ditch petit
toned for. or the proceedings are him
dered and delayed by the refusal Of the
county board to further act upon the
matters devolving upon them to pass
upon. order or determine in the proceed
ings, said proceedings may, upon motion
Of any petitioner whose land is liable to
be assessed therefor, be transferred to
the judge of the district court in the Judi
cial district where the same is pending.
bv service Of a notice Of motion to that
effect eight days before the day Of hear
of such motion upon the county auditor
Of the service Of such notice the court
shall hear and consider such motion at
the time therein stated, or as soon there
after as counsel can be heard. and, un-
will speedily proceed with said petition
and order the constructions Of said ditch,
drain or water course, or make the neces-
sary orders from time to time for the
speedy construction Of the same. as JUS
offered in opposition to said motion to
the satisfaction of the court. the court
shall make an order transferring said
proceedings from said county board to
the thers Judge of Of the the t district t, court f6a d,r+ and
court shall nave jurisdiction of said
ditch proceedings, and Of all matters con-
nected Herewith, and all subsequent pro-
ceedings had therein shall be had in con-
ter.
Sec. 81. In all cases where judicial
ditch proceedings instituted under any
law of this state heretofore lave been,
such judicial ditch proceedings heretofore
have been. or hereafter shall be heard
and determined adversely to the petition
ers. and the prayer of such petitioners