Echo de l'ouest. [volume] (Minneapolis, Minn.) 1883-1929, 1909-04-30
same as If the said ditch proceedings had
been originally commenced under the pro-

same as II the said ditch proceedings had
Provided that whenever In proceedings IN
the district court of this state the construc-
ton of any ditch heretofore or hereafter Or
dered by the county board under any drain
age law Of this state by which the cost fo1
benefited property was or Is restrained or en-.
Joined by said court for any reason, 1na1
within wv one l1) year after the 90 en sny . neraon
whose land is liable to be assessed therefor
may cause the entire proceedings reiat1ns 70
said ditch to be transferred to the judge OF
the district court in the judicial district IT, i
where the same is pending, BY ser S,sSt OF [s 2
days before the date Of hearing on said
motion, upon the county auditor, chairman
% OF 5he m oo4 y t beard cdns ana ine Of naF SAID ditch
was enjoined or the attorneys representing
them In such proceedings. ho
notice of such motion shall forthwith trans.
nit to the clerk of the proper dlstrlct court
At the time named for the hearing Of such
motion or on any date to which the same Is
,Sonnftdnn upon proof OF me shs sTry nroce Sl s and
consider the same and the viewers report
the same in all respects as If such proceed
court and due notice thereof given as pro
vided In this chapter, and the report or ' he
t the eount ap boapd aba III b syof the pt court on such eh
motion be considered the same IN az respeG rs
as If the viewers had been appointed oy dn9
COuIl III proceedings 90
in said court, and the court shall t%hereupon
make such findings as Justice may REQUIRE
s aorm may w 9rdeT th said pr ditfh Geh Of this chapter.
and all further proceedings relating TO salo
ditch shall be had before such court Inc Inc
originally been commenced therein.
Sec. rs. Where the county board OF any
co county IN this s ia 9n or s the 'u bas h og 9uaere
located, established or constructed OF 49,
tempted to locate, establish or construct any
MT yotor NY W11n1n
their respective jurisdiction. and said coun-
ty board or said Judge of the distrlct eour.'
as the case may be. has found ana aeeear
promote the public health, and that the
benefits or estimate De thareof 20 are re- greater
than the total cost, including damages
awarded and the final order estap!lsntnt
same does not correctly describe or deslgna!s
the course or the size or dimensions Oh saAd
ditch or is ineffective for any far the eee eonl
struction of such ditch have been actualay
entered into. and the county a ~ t%a mas nas
executed and filed in the ofhc sta 9e aee rec re-
uuired by law and making assessments LOT
the costs and expenses of location, estaplsn+
the lands, corporations, roads ana ao orne1
property benefited thereby, and no appeal
has been taken therefrom or from any suca
proceedings, then the said proceedings, ana
any assessment or liens SO levied or a.
tempted to be assessed or levied for the
cost of said ditch including damages aware
ed. and the said contract 50 entered ID into sa;a
and all ditch bonds If any issued IN salo
proceedings, and such Of the same are
hereby l~egalized and declared to be vala 10
and in full force and effect, the same as
If the proceedings in the matter OF iocat,
ing and establishing said ditch were IN az
respects regular and the same as II the
final order establishing said ditch hao oeen
regularly and correctly made:
Provided that this section shall not appii y
proceedings as now provided by law, or
apply to or affect any action or Appeals
proceedings is called in question.
Sec. IA. That section numbered S3 ana
section numbered 10 of chapter se7 Of tn
Laws of Minnesota for the year l9Ol ana
ali Of chapter numbered 44s of the General
Laws Of Minnesota for the year 1907 and AL az
be and the same is hereby expressly re-
pealed save as to pending proceedings under
said chapter 44S of the General Laws OF
Minnesota for the year 1907, which pending
provisions Of this chapter, If so elected as
hereinbefore provided.
Sec. Is. This act shall take effect and
be in force from and after its passage.