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

for said work. and the said judge OF the
district court or county board, as the cas-
may be, shall thereupon amend the fndlnsl
so as to equitably distribute such increased
costs for the construction Of said ditch. o.
such part thereof, that may be embraced
In said petition and original findings among
the several land owners affected by sucl
change or changes in the cost of the con
the assessments made under the origlna
findings. and the county auditor or severa
copy of such amended findings shall nl'
same and shall include such additiona
amounts In the statement required by sec
ton 10 of chapter 230 Of laws Of 1905 t.
be made by said auditor or auditors; ant
same shall be entered and collected In Tx
manner as is provided by law for the col
lection of the assessments for benefits TO-
construction Of such ditch,
Appeal to Supreme Court.
or against whose property benefits are as
sessed may appeal from the district cour
to the supreme court as in civil action
order establishing such ditch. or drain II
proceedings under this chapter. within
by fling the notice Of appeal and bond re-
quired as in civil actions upon an appeal Il
the supreme court.
the notice Of appeal and bond on the re-
spectfve attorneys Of record In the proceed
In case the appellant prevails in the su'
preme court. and the cost Of the construc
ton OF said ditch or drain Is increased OF
account of said appeal having been deter
mined in favor Of appellant, and damage!
or costs are awarded to the appellant, upor
a remittiture from the s%prems court H,rtr, t.
court shall notify the judge Of the judicia
district wherein such appeal was taken akdG,
directing the county auditor. or auditors
If in more than one, county. to pay tht
upon such appeal. together with his costs.
If said appeal involves land IN more thar
one county, the Judge shall order sue aan sun
ditch fund Of each county. in proportion te
the amount assessed upon the lands ~
each county for the construction OF safe
Thereupon the auditor or auditors Of eacf
county shall issue county warrants upoi
the county treasurer for such sum or sum:
and payable out OF the general ditch rune
in the county treasury, :,
case the same is in more than one county
the severa! auditors shall distribute the
amount SO paid among the s ssyeTsad 'a fo5
the construction Of said ditch. drain o.
water course and enter the same npon tai
uthup'i sans manner manner and and PROPORTION as pro.
vided for in the original order in said pro,
s seed sscom which g ,,e said deai aaait tSe said dm 1and
and be due and payable in the same man.
neT as 9se pfevtasa q for fbi in s ssfti0ns tvsnty-on'
there is no practicable Or feasible guile e,
for s a ditdh ex sfsEs b tsro shai, the inc1u lee'S sa e
finding in his report, together with an &C.
curate description Of the needed right :;
mate of the cost of obtaining the same.
If such finding is confirmed In the hna
order establishing said ditch the the d Heqnts
1a5 shall require the county and,toT: IL IL
the respective counties, in case Of a judic,a
ditch. to purchase such needed right or wa!
at an eexxapssnmr expense sn not eScf fe the enc eee15aa1 re:
part Of the cost and expenses OF said ditch
tablishing said ditch that the iohs OF
digging and constructing the dit attch s snh'l n mo
chase Of such needed right Of way IN sucf
adjoining state has been in all things com
pleted.
Sec. IL. Any person wilfully or neg
ligently obstructing. or in any way ln1uTane
any work CONSTRUCTED under erv the ofne pro 1aW ~
this State. relating to drainage; or divert r
ing the water nn from IN its its Pp r9Re5 shan so to ad d
by the engineer in charge Of any ditch. ane
who wilfully changes or alters the locator
Of or the markings on any a}ns stakes eS SET nnd pace ht
direction in the matter of the laying out OF
the construction of any ditch, and an!
person 6n diggin oT or con sarueted''n any u ditch o.
drain which thereby empties into any ditch
or or drain d5aa cS 6onSt5uc Witho %ndef having vhe pf ar t se:
cured permission from the county, board o
the county y in ,oca wh5ch "s sneh pr Peln suEity e If I
misdemeanor, and shall also be LIABLE u
any person. persons or association OF per.
sons or corporation injured by such act II
Any county auditor, clerk Of court, mem
Der Of the county board. or any other ON n
nerforno anv Of the duties imposed upor
him by this act, shall be guilty of a mis-
demeanor. and shall also t be iiaGoe t of nep'
sons or corporation injured thereby II
treble damages.
to shall prosecute all criminal action!
arising under this chapter.
Jurisdiction of Judges. STA,
e1t S = IN into In any eae othe any ,u 6feRIseo a,s trtet
eroeeed uIo may be commenced before thu
fudge Of either ef sa1d iad s;sS 6retesd.
my al Commenced shall thereafter have
jurisdiction Of all subsequent MT p dftaS api
e ena m order made by the Judge laying ou'
or establishing any drain; ditch or wate'
the thiee record thereof Il recorded or a e cert
fac,e 'e Evidence M thereof. and Of the fact.
therein stated. and Of the regularity Of al
the proceedings had therein.
Provided. that If for any reason dur, nj
the court or county board for any reason
shan fail to hold a meeting or hearing al
any time pursuant fsnna IT. to 6oi any p of aov sp oede'
or adjourned meeting or hearing IN relation
to any matter connected with said proceed,
ings. the court or count unit n ooara Snasl mo-
NAV make any new additional order tina
may be necessary in the premises or tina,
Justice may require. in order to arrive al
a speedy determination of all matters con:
nected with said proceedings, and the f1na
Completion Of the ditch. drain or waite,
Sec. "a. After the completion Of any
ditch constructed under any law Of this
state, executing state or town ditches. nc
public or private drains or drainage bitches
and no side lateral or spur ditch or bitches
shall be so dug or constructed by any per-
son or persons or any assocla1lon OF per
or other municipal or corporation or the
authorities of either of them without hav-
ing first secured express authority so to dc
from the county board Of the county. where
such principal ditch Is located. or in case
of a judicial district from the county board
of both counties meeting Jointly for that
age proceedings were originally instituted,
upon notice by the county auditor of such
county to the members OF said county board
or boards as in case of special board meet
Such proceedings shall be instituted by a
petition to the county board filed With such
ested in and affected by said proposed
branch. setting forth the source. course.
terminus. and the size and dimensions OF
said proposed side lateral or spur ditch.
Thereupon the said auditor shall appoint
a time and place to consider the same and
shall call a special meeting Of the county
board or boards as the case may be to meet
at such time and place for that purpose
and shall cause notice thereof to be pub
lished once each week for two successive
The said county board, or county boards
as the case may be. may employ a com
netent and experienced civil engineer to In
vestigate and report on the matter.
On the day Of hearing so appointed, OF