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

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routes speciaed In the petition. whose adj
dress ta known to him or can be aseer-
a fa'ae once sy 'n pneRiae 9. t ths e ia 81 e sssss'' IN
which, from n cause, said notice snail
not be given, or In case said notice shall
he detective. the county auditor shat
petition may be heard at the next session
Of said board, after the expiration Of
such, or any new, three weeks publica-
fed that all Of the foregoing conditions on
have been complied with, they shall cause
an accurate survey Of the line Of such
proposed ditch, drain, creek OF. water
made by. a cmpetent and experienced
civil engineer. to be appointed by them
by resolution to that effect The auditor
gineer a certified copy Of such resolution.
Upon the fling of the petition such pro-
Feeding may be d~esisnated and numbered
by the county auditor as County ditch.
No......' and may be SO referred to in
all subsequent proceedings"
Sec. 2. That section 0 of chapter go
Of General Laws Of 1905, be and the same
is hereby amended. to read as follows;
"section o.. Within three days after the
Of the auditor to call a special meeting
of the board Of county commissioners, by
giving to each member thereof not more
ner provided by law for notifying county
commissioners Of special meetings. He
shall also cause a notice Of the time and
Place {a sl, Of pa snsh special ;ntsles %eGtiph g to b s!YIen
for three successive weeks prior thereto.
in a newspaper printed and published In
said county, and by the posting. at Least
three weeks before such meeting. printed
COPIES thereof in three public places in
each township where the proposed work
is located, and one at the door Of the
court IN said county, Of the pend,
viewers reports. and of the time and
place set for the hearing thereof. which
notice. shall briefly state substantially
ditch, drain. creek or water course and
the land through which they p pass, ali az
spp ears e BY the hem engi ne rs report op0eIs t0 of tn
lands and the names OF the municipal
corporations and other corporations that
will be affected thereby. as the same ap,
within one week after beginning sue
publication. the auditor shall ma a
printed copy of said notice to all nom
v sfs1Ssn'S report ep eae as eo afreste ila by such sa I prol
posed work, whose address is known to
him, or can be ascertained by him by in
pr5TY st The that oG IN ai oa srsasH IN Which, 6f' fei
any cause, said notice shall not be given.
or in n case said notice shall be legally
defective. the. county auditor shall cause
petition may be heard at another special.
adjourned or regular meeting Of said
board. which will occur more h seven
notice by the publication, posting and
mailing. as provided in the first instance:
Provided, further, that whenever any
final order of the board of county com
| nTiSSiOnora eSf9 hIiShin0 mr. raf11Sinp RI
establish any ditch in proceedings under
this chapter. shall have been heretofore
or shall be hereafter set aside. %annulled
of. a failure to give proper notice Of the
said tendency of said petition and view
ers' report and of the time and place set
auditor: at any: time irrss Within rIe one s' year
after. the rendering of such Judgment or
decision, upon the application Of any
petitioner in such case, or upon being di-
county commissioners, shall call a special
meeting Of such board of county commits
sioners for a rehearing on such petition
and viewers report, n shall give no.
the manner hereinbefore provided. and at
such meeting the said board Of county
commissioners shall proceed to reconsider
such report. shall act upon the same and
make findings thereon n may establish
such ditch in conformity with the pro.
visions Of. this chapter:
provided, further, that whenever, upon
appeal in proceedings under and pursu-
court shall have heretofore by order dis
missed said proceedings on account OF
the failure Of the county auditor to give
H Eftiopn ana n9ti Sie% 1f see ra genaen e4 Of Sf t aaid time Ps,
and place set for the hearing thereof. as
required by such law. then and in that
event the county auditor, at any time
such order. pon the application Of any
petitioner In said proceedings. or upon
being directed by. resolution of the board
special meeting o the board OF county
commissioners for a %rehearing on SUCH
petition and viewers report and shall
+ kav the a1 manner ne s herei naSSeff,ns I prov ieedar ane
at such meeting the said board Of county
commissioners shall proceed to recon.
slider such report, shall act upon the
establish such ditch, In conformity witt
the provisions of this chapter.
Upon due publication, posting and mail.
ing Of the notice provided for in this sec:
shall shall i have e0 Jurisdiction II anns Of each tract d
land and of all other property, in sale
viewers report described. including any
aarda ad 5afa by by the he d eban9gs Of 9f amy W Watei
course. and of each tract Of land de.
scribed in said notice, and of each tract
Of land owned by any, of the persons OF
| private COTpOTdIlOHS W1IOSG lldAi1cS dpp6dI
in said notice that is affected by the pro-
porations, municipal and otherwise. that
are named in said notice, and of all per-
any interest whatever in. or any mort
gage, lien or ~incumbrance against any OF
the tracts of lam or other property here
tofore in this paragraph referred to:
"Provided, that If it shall appear to said
board after a hearing Of all parties in
terested or before final order establishing
a proposed ditch or drainage system.
that the general system Of said proposed
proved by the addition Of other branch
bitches connecting herewith, or by q
change in the course or dimensions. of
thereof, or by the elimination Of one or
more such branches: or if 1t shall appear
to said board at such hearing that the
assessments affecting any Of the property
or persons assessed, or have awarded
benefits in an unequal or improper pro-
portion to any such parties; or if It shall
gineer or the viewers have not fully and
properly complied with all Of the provi-
sions n requirements of this act, then
and in such case the aid board shall re-
submit the same to the said engineer and
the aid viewers who shall be respective
ly authorized to re-examine the course
Of said proposed ditch n lay out and
provide for such other, and additional
branch bitches as may to said engineer
appear necessary. or make any changes
in the main ditch either as to course or
dimensions as may seem advisable, or
eliminate any branch ditch formerly pro-
vided for, or make any other changes as
in his opinion may result in an improve
to be affected by said proposed ditch;
and the said viewers shall review all the
property that may be affected by such
Gated and laid out by. the engineer. and
said viewers shall haye the authority to