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

Lraet: and the amount that each tract of
eonatr mnd De benefited g or damaged BY the
a eltSh !. established under This act drains.
eltner n whole or IN part any public o.
sofpGb ba4 road or benefits such road
construction Of such ditch. ths y I|s ens
f fnan rs estimate 151ah the benefit arising there
Port said benefits (names Of roads and
other particulars necessary to idenfifv
bene gfErpof tRana, private or public, 70 Be-
A. efetH - .hereby, n amounts Of bene-
statement provided for in this' se aaa5nr
ana the viewers shall also report as 4
peea q srsa tabular statement, the dam
corporation for injury to any road -
s stna Iisa' an aad from the necessary con-
eulverta a. ana dt mSaintenance Of any bridged
EEK py the establishment Of such
al nc stating the same separately; and
BENEFITS ben Iaa II also resna report OF the total estimated
r ,a4nhcanes. # any, and also whether or not.
p tnelr opinion the estimated expense Of
the d dorsaeast awar Of such ditch, Including
sr than the utility Of the at pro S s
Glitch, or h a the construction o.
S Seen a''e saati IL iIfggr c lea for n
should not be cons trs reason why 1t
sec: .. In case the viewers are unable
- - te agree each We've shall state sepA-
matter disagreed upon. oa '"e
Sec; .: Whenever a public ditch is To-
! p patea ~9dG jtcyh or IN part in the bed Of .
n.a4eted the engineer shall make an esti-
mate ct the number Of cubic yards Of
1l and ar alFe az %excavated on each tract Of
e ana Or the amount Of the reduction
IN the cost of constructing the pnrtion II
r rse o1tc n on each such tract Of land BY
beeeSno co 9r s"ch private drain having
o oe snch amount from their estimate
i q 69ene n If any against such tract Of
thereeof " on tfs,a an appropriate notation
a, aeS' s All lands benefited by a public
iHil ~ y araln or water course, and ali pub.
wi lie e op 10 nert roads, SO benefited. il
s gEup1Ioon to the benefits for the con-
selaiIlon thereof, whether said ditch pasa-
the line 81 sag sag land Land or along Or near
1k an%e IN estimating the benefits to
a1Sh shall hal not consider What benefits sdts
some other ditch or bitches Im r shai, e. alter after
e. helueeea. but only the be1efts that shall
Of the e1 pubnc og d,f reason > Of the construction
ror drainage, or prevents overf7 nu ,u9tet
9r otherwise directly or indirectlw hs, =
n naini suca lands or roads, and in deter-
lands there e shall o. be oil nel11aaga SAID thd land Or
lands Raadd TOT an damages to private owners Of
o af1 anv a afber the d,+e cost Of the right Of way
land 70 ot 4ha a1sGhes through such private
me cost Of the construction 81 the dtftcch
! o ~ az, expenses, field expenses, salaries
nec ea gtyr pa,d an ID EMPLOYEES, and ali fees
IN the proceedings. osAei pefsons
or s1 woS T. n running said ditch, or bitches.
az work IS through private lands not nee,
the viewers to report the amounf oe tap 81
Q to be allowed to such owner a =.
d dMners fe or, the right Of way or other
OF rli ditches s0f th rhe e16ns s1cS faaS st the alter
ANY person or party Interested or ag.
S giiewsa by Sr the he AMOUNT q dsmasez 50
part thereof. for the land SO ~appronriat ad
Tor Wari such ditch or laterals, or any other
act. may av'n Within t to be Ions me- under this
OF the viewers report, petition fhe dis
trlct court before whom said proceedinw %
na pgnoing Tor the appointment of ap-
plaIseIs IN the same manner as is now
proved by law for the appropriation Of
private property for public uses. With ali
~ tne ri r1gats and authority incidental there
ditch or laterals thereof shall not he de-.
layed by such proceedings.
Sec. 10. Said viewers shall forthwith
ai t Wain d me clerk Of court a report OF
cIudlns expenses and the actual time thew
were engaged. They shall in every case
aet imnasea perform ,a + every duty BY his
= upO lHGIH \0XCGDt In case
OF a re-reference as hereinafter proVided|
Wlth1n thirty days from the date Of their
h ha meeting: provided that, If the water
or Or such So h'g gna or the e,s weather. 50 inclement.
me opinion Of the judge Of the district
court to practically and reasonably pre-
1 1ent them n, nj from 50 doing, the necessary
the said judge; but the report of said
viewers must In each case state the rea-
son tor such delay. and if such reason be
viewers shall forfeit one-half of the COM
pensation hereinafter provided. -.
sec; II. Within three days after the filing
OF such report it shall be the duty of the
init forthwith to the judge of said court.
and to the auditor of each countv de.
s scr sfi in the petition a written notice Of
c caH n III s,,o Of such report: Upon the re-
an order fixing the time and place Of
hearing said petition n engineers and
n n9aWers ~ report fpa t,1 He shall also aus a
ested, by publication for three thnree'S su leeeg-
siye weeks prior thereto, in a newspaper
by posting at least three weeks before
such meeting, printed copies thereof in
Three three Public places in each township
said county. Of the tendency of said ne
f ntr3n' a and e engineers 1 and viewers re-
/ PCASSs oio u liz llu0 anu place set for
the hearing, thereof, which notice shall
be signed by the clerk Of court, and
shall briefly state substantially the start
ing points and termini Of the ditch, drain,
gether with a description Of the land
through which they pass, all as appears
by the engineers report, together with
the names of the owners Of the lands and
the names of the municipal corporatons
that will be affected thereby, as the same
and within one week after beginning such
publication the clerk Of the court shalt
mail a printed copy of said notice to ali
non-residents Of the county named in the
viewers report as affected by such pro
posed work, whose address is known to
him, or can be ascertained by him by in
auiry at the county treasurer's Office;
provided, that in all cases in which, for
or in any case sc said s1e notice e. shall ad, be legally gslI2
so that the petition may be
head at another special or adjourned
m sagen gov whi safer will H. occur axnir. I3on than :
other notice by the publication, posting
and mailing, as provided in the first in
stance. the date Of which meeting and
hearing to be fixed by the court.
fo ss the h hearing II II Il the ts'. court aao i Pafff Be n Sac
isfied that notice thereof has been given
according to Law. he shall proceed to hear
and consider the same;, and all persons
and lsii5 Before ;n the A sg5Sid court " q un aSaaa e x
[ least two of the viewers shall be pres
ent at such hearing. If said court, from
dence as may be adduced before him,
ers' report and all other proceedings in