The Ely miner., 1909-04-30

drained, as near as can be ascertained
ana shali also contain description OF all
PUBIC roads and streets likely TO pe pen
certained.
In such petition the petitioners may. at
their option, ask the appointment OF an
engineer to perform the duties herein
after In this Act specified. and may also,
at their option. ask the appointment. of
} hereinafter In this act specified.
such petition may include any SIDE, lat
eral, spur or branch bitches necessary 70
secure the object of the Improvement and
|, may ask for the different parts of the
! ditch to flow In different directions, with
more than one outlet.
Provided that no meandered lake ad-
Joining an Incorporated village, or within
four (4) miles Of any city of the fourth
class, or upon which any Incorporated
village is riparian owner. shall be drain.
: ed or lowered under the provisions Of
} this act unless by the approval of a ma
jortty vote of the legal voters Of such
village or city at an annual or special
election held for that purpose.
Such special election, II any, held for
such purpose, shall be called in the way ayy
and manner snaeI. now provided by law for
Sec. 8. DfTcHEs~How DEs1GNAT-
ED-upon the filing Of the petition such
Ditch No. -. of Town Of ....." and
may be so referred to in all subse-
or not said ditch is in fact In more than
one town.
Sec. l. NoTICElsaid Town Clerk shall
forthwith. fix time and place for the
hearing on said petition and shall forth
with give notice of the fling Of said pc
tition and Of the time and place of the
nearing thereon as follows:
prior to said hearing a copy of said no.
tice and petition in manner likely to
attract attention in each Of three of the
which lands described In the petition a re
o. BY filing at least three weeks
Of said notice and petition in the Office
OF the Clerk OF each Town. Village or
City In which lands described in the
Il (c) BY mailing at least three weeks
prior to said hearing copy of said no
ttce and petition to each owner Of lands
dent of the State. and whose postofhce
is known to said Town Clerk or can be
aseertained by him from the petitioners.
!dl By serving at least three weeks
prior to said hearing a copy of such no.
tice upon each occupant Of the several
tracts Of land described In the petition.
is defective for any reason. the town clerk
snail give a new notice Of time and
place fer Ter hearing on said petition. as
Sec. 5. HEARING-At the time and
place set for the hearing of said petition
Cor at any time or place to which d sad
| nearing may De dOJOurneQ from uUle
to time as necessity may require. but not
otherwise) the Supervisors of all the
towns containing lands described in said
petition, shall meet and hear and con-
Sec. 9. ENGINEER-f the petition
asks for the appointment of an en-
sao in bssrns saS saa asT ssa
action on said petition. appoint a COM
petent engineer to make plans and speci-
hcations for said ditch and to superin-
. tenn ruh h
lished.
Said engineer before entering upon his
sd sha give n9nd IN In the 4nns
to be constructed, for the use Of such
towns and also for the use Of all persons
or malfeasance of said engineer. to be
approved by said Town Clerk, conditioned
that til he ,Syt will ID and and
form his. duties as such. engineer, but
said engineer shall not be required to
his bond d, after ffs the
He shall take an oath to faithfully per-
form his duties.
survey for said ditch and prepare de-
tailed plans and specifications for the
construction thereof and make prompt
report in writing of his doings to said
Upon the appointment of such engineer
said board shall adjourn said hearing
1
to make and file his report in the ONCE
Of said Town Clerk.
Sec. Z. ATTORNEY-AT-LAW- the
petition asks for the appointment OF
said Board shall forthwith. at the be-
ginning Of said hearing. by resolution
employ an attorney-at-law to superintend
orders in said proceeding and to give
legal advice on all legal matters and
questions arising in said proceedings.
- - 4t<~~ 10 t6 I'd
torney-at-law, may, at the option Of said
Board, be fixed in the resolution employ
ing him.
Sec g. vIEw-FTNAL oRDER-All
heard by and before said Board and
either ali of the members of said Board
or a committee Of not less than three
ally the lands, public streets and public
roads likely to be benefited or dam
aged by said ditch.
| If such Board. from such evidence as
may be adduced before them. shall find
that all of the proceedings in the. matter
have been In accordance with the pro-
mated benefits OF said work are greater
than the total cost, including damages
awarded and that said work will be OF
health, they shall establish said ditch
by an order to be signed by them and
shall include in said order, either ex-
Office Of said town clerk in said matter.
an accurate description of said ditch and
of the starting points. routes and termini.
size and depth of sad ditch and wheth-
They shall also FIX a time for the COM
pietion of said ditch
! Said Board shall also include in their
final order establishing said ditch a
tabular statement showing the names OF
the. owners Of the legal description OF
of land to be benefited or damaged, said
names to be the same as appear on the
tax duplicates of said county, the. esti-
mated number Of acres in each Of said
the number of acres added to any tract
by the change Of any water course and
the location and value of said added
land, the damage, If any, to riparian
rights pertaining to any tract, the
work.
! When any ditch established under this
act, benefits either In whole or In part
any public road or street within the
Charged cnaisg L with iii the repair thereof said
board shall estimate and report separate
Iy in such tabular statement the benefits
to each public road or street. together
with the name OF the town. village or
city charged with the repair thereof.
i They shall also report In such tabular
statement the damages awarded for in
Jury to any road or road-bed and for the
construction and maintenance of any
bridges, culverts or other works rem
dered necessary by the establishment Of
such ditch and include such benefits and
damages as a part OF said tabular state
ment.
i If said board refuses to establish said
ditch they shall make an order setting
forth that fact and their reasons therefor.