Echo de l'ouest. [volume] (Minneapolis, Minn.) 1883-1929, 1909-04-30

survey of the line Of said proposed ditch.
drain, creek or water course from its source
and experienced civil engineer, to be APP
pointed by them by resolution to that effect.
The auditor shall forthwith transmit to
such engineer a certified copy of such reso-
luton.
Upon the fling OF the petition such pro.
ceeding may be designated and numbered
by the county auditor as County Ditch
No. - and may be SO referred to in all
subsequent proceedings.
Sec. 8. That section five go Of chapter
230 Of the Laws OF 1905, be and the same
hereby is amended by adding the following
thereto:
"'Al reports, except reports as to assist
ants and expenses incurred, all plans. speci-
be made by the engineer shall be made by
him in duplicate and fled in the office OF
the county auditor or the clerk of the dis
trict court, as the case may be, and one
of each thereof together with a copy Of the
contract shall be delivered to the contractor
at his request at any time after the execu-
ton Of the contract"
Sec. 4. That section 6 Of chapter 230 OF
the the t General era. L lays {, OF the State e OF M hsraGW "a
follows:
board. when said civil engineer is appointed.
or at such time thereafter as may be APP
9aGs fbe by them; ss not nn Later thai than m 9en o an
order appointing three go resident free
holders Of the county not interested IN the
construction Of the proposed work. and not
Of kin to any of the parties known to be IN
terested therein, as viewers to meet at a time
and place to be specified by, the county audi
tor as hereinafter provided, preparatory to
commencing their duties as hereinafter speca-
fed.
It shall be the duty Of the county auditor,
within five days after the fling of the engf-
n 1;me an report m,ac to fa make tGe an nrs order mee d : oa ths
viewers. which time shall be within fifteen
n5l days after the fling of !, the e., eng g,1tx -;
the county auditor, within five go days AFT
er the filing Of the engineer's report, to Is.
petition and of the order Of the county board
appointing them, and of his order desig-
mating the time and place of their first
In case any of the viewers SO appointed
for the first meeting the county auditor shall
designate some person having the quallf1ca-
lions above stated to take his place.
The viewers after taking the oath to faith
fully perform their duties, shall proceed at
the time set in said order, with or without
ss tabular " statement showing i as far as prae-
ticable. the names of the owners of each
tract OF land to be benefited or damaged; the
description of each tract benefited or dam
aged (said names of owners to be the same
as appears on the county tax duplicates OF
in legal form), and the total number of acres
in each Of said tracts Of land to be benefited
Der of acres added to any tract by the total
or partial drainage Of any meandered lake, or
location and value Of such added land: the
damage, if any, to riparian rights pertaining
to any tract; and the amount that each tract
of land will be benefited or damaged by the
construction Of said work: when any ditch
established under this act drains either in
whole or in part any public or corporate road
or railroad. or benefits any Of such road 80
that the roadbed or travelled track Of any
such road, will be made better by the con-
struction of such ditch, the viewers shall es-
innate the benefit arising therefrom to such
roads, roadbeds or railroads, and report said
lars necessary, to Identify, the corporations
private or public. to be benefited thereby,
an6 arnornta of henaht9 tn p3ch) as a part
of their tabular statement provided tor IN
this section: and the viewers shall also re-
port as a part Of such tabular statement the
damages awarded to each municipal or other
corporation, and to any person. persons, or
graph companies, for injury to any road.
railroad. or r%oadbed. telephone or telegraph
necessary construction and maintenance OF
any bridges, culverts or other works rendered
necessary by the tablishment Of suc dr d aaa;
also report the total estimated benefits IN
respect to the entire ditch and branches, II
any, and also whether or not. In their opln-
ion, the estimates expense of the construc-
ton of such ditch. including the damages
ity of the proposed ditch, or that the con-
s%truction of such ditch is impracticable, for
not be constructed.
each viewer shall state separately in the re-
port his findings on the matters disagreed
upon.
or in part in the bed of a private ditch al
ready or partially Constructed the engineer
shall make an estimate Of the number OF
each tract of land and the amount OF the
reduction in the cost Of constructing the POT
Constructed. and the viewers shall deduct
If any. against such tract OF land, making
an appropriate notation thereof on their re-
port.
Sec. 5. That section seven ~ Of chapter
2s0 Of the General Laws Of the State OF Min
nesota for the year 1906, be and the same
read as follows:
Section Z. All lands benefited by a publio
o or CORPORATE roads or railroads so benefited.
in whole or in part. shall be assessed IN
F,ea f5sqet t. the %he ssnstts sa tSr t a1scs ss1st pss,
through said lands or along or near the line
Of such roads or railroads or not; and the
roads or railroads not traversed by said ditch
shall not consider what benefits such lands:
but only the benefits that will be received BY
ditch as it affords an outlet for the drainage,
or prevents the overfowtng Of or otherwise
directly benefits such lands. roads or rail-
roads.
All lands owned by the State Of Minnesota
or any department thereof benefited by SUCH
| ditch, drain or water course shall be liable
for such benefit. the same as taxable land.
The sum Of 100000 for the year 1903 and
annually thereafter or 80 much thereon as
may be necessary to meet all assessments
against state lands under this act is hereby
appropriated out of the general revenue fund
for that purpose.
Sec. 6. That section seventeen Q7) OF
chapter 230 of the General Laws Of Mime
sofa for 1905 be and the same hereby. 10
amended SO that the same shall read as FOL-
lows:
Section II. It shall be the duty OF the
engineer, on being notified by any contractor
that his and 'q Il h is h Sonpii it eomp pH ens aeeord ing
to the contract; plans and specifications, he
shall report that fact to the board Of county
- --I ~;,,a tn ~ Nnnt a NhrftfnQf0
number) OF other Jobs Of construction. are
completed according to the contract, plans
and specifications. as set forth IN the report
Provided. that when the work for which
such certificate Is to be issued, affects more
than one county. proportionate certifcates
the county board Of the county or counties.
as the case may be. and upon the presenta-
ton and surrender of said certificate with
such approval Endorsed thereon. to the audi,
auditor shall draw a warrant on the county
treasurer of his county for the proportionafe
amount found to be due in respect OF lands
in his county on said contract, according to
such preliminary certificate. as herein pro-
yided; and that said warrant shall be paid
out OF the general ditch fund to be provided
by the county board as hereinafter sueclneo'
Said warrant shall become due and pay
able out Of said fund at once. and II there
shall be no cash in said fund to pay said
warrant when the same is presented the
county treasurer shall indorse said warrant
"Not paid for want of funds" and date and
sign such Endorsement, and the amount OF
said warrant shall draw interest at the rate
Of six go per cent per annum untii called
ty and paid
the written approval Of the ensineer, may
coed seyenty-fve (16) per cent OF work al.