The Ely miner., 1909-04-30

for said work, and the said Judge of the
district court or county board, as the case
may be. shall thereupon amend the hndtngs
for tEs es sd
such part thereof. that may be embraced
IN said petition and original findings among
the several land owners affected by such
change or changes in the cost Of the con-
struction Of the same, and in proportion to
findings. and the county auditor or several
county auditors upon receipt of certihed
same SAME and T shall osu inoiude nn sucS additionaI t
amounts in the statement required by Sec
tion 10 of chapter $50 of laws Of 1905 to
same shall be entered and collected in like
manner manner as Is provided by law for the ool- @
construction of such ditch.
Appeal to Supreme Court
or against whose Who pI property W Dement'S ] are as s
sessed may appeal from the district court
from any hnai appeaiabie order. except an
order establishing such ditch. or drain in
days asr gaaeF the hi Hing ~ such
by filing the notice Of appeal and bond re-
auired as in civil actions upon an appeal to
The appellant shall also serve copy Of
the notice of appeal and bond on the re-
ings. and fle proof thereof with the clerk.
In case the appellant prevails in the SUI
tion Of said ditch a Or or drain is increased on
account of said appeal having been deter
costs are aWarded o the appellant
a remittiture from the supreme court to
shall notify the Gdge Of the
district wherein such appeal was taken.
sreotins he se oounsy 5uss andtor sn % audseTs
IL II IN more than one county, to pay sne ne
Such appes 1Vs With his
If said appeal involves land in more than
| general
| ditch fund Of each county. in proportion to
the, the amount assessed upon the ianas M .aiG
ditch. ''e
Thereupon the auditor or auditors Of each
and payable out of the general ditch fund
The said auditor shah thereupon. or in
case the same is in more than 20 one H& county. tS
amount so paid among the several land
owners who were originally assessed TOT
Water oourse and enter the same upon tax
duplicates against said respective lands =
for in the original oder IN said
ceedings, which said additional amount
,s s s tse sse sae
and twenty-two Of this act. . -.
fasf for a d,teS Except through tie lands Ss S
finding in his report. together with an ac-
| curate description of the needed right .'
mate Of the cost Of obtaining the same.
If such finding is confirmed IN the hnal
board board aI or Judge or | judges sol Of the district
| court making said order,
9 Of sh eouny rSayrs se tas ee tss
the respective counties. in case Of judicial
to such sHdsd sh Ga
port; said right Of way to be paid for as
l - af$ he oncf nd h.
(b) shall provide in said Anal order es.
digging and constructing the ditch shall not
be advertised let or sold until such pr pur-
adjoining state has been in all things COM
| pleted.
Penalty for Obstruction. n,,,,,,v ~ nsv-
any work constructed under the provisions
ing the water. from its proper channel: and
by the engineer in charge of any ditch. and
| who wilfully changes or alters the location
arSea shs by sgeh ON or Under his
| direction in the matter of the laying out or
the construction of any ditch, ana any
drain in which thereby empties into any ditch
cured permission from the county. board of
the rSSnty In ocaed sSa e suty Of
misdemeanor. and shall also be liable TO
sons or corporation injured by such act. in
| treble damages"
ber Of the county board. or any other Off
Ger who refuses or wilfully neglscts TO TO
perform any Of the duties ut 1v imposed os m;s
| demeanor, and shall also be liable therefor
to any person. persons association OF per
treble damages.
The county attorney, of the proper ,ur: coun.
ty shall prosecute all criminal actions
arising under this chapter.
Jurisdiction Of Judges. -,
Sec. 7s. In case any proposed ,.Itct ditcn
5adee Of either Of said judicial districts
ings are commenced shall thereafter have
jurisdiction of all subsequent proceedings
every ena order made BY the judge laying out
any drain aEtasS dssh tSs Se Sae
and and e. every order made in relation thereto
under the provisions OF this chapter an, and
record Isoors ssa or be erma
facie evidence thereof and of the facts
therein stated and Of the the regularity OF all
the proceedings had therein.
| Provided, that II for any reason during
the tendency of any proceeding thereunder,
the court county board for any reason
| shall fail to hold meeting or hearing at
any time pursuant to any previous order
\ made therein for the holding of any special
| or adjourned meeting OF nearing IN Feiation
to any matter connected with said proceed
| inps the court or county board shall not
| lose jurisdiction of such proceedings, but
! NAV make any new additional order that
| may be necessary in the premises or that
| Justice may require. in order to arrive at
| a speedy determination of all matters con-
| nected with said proceedings. and the Anal
completion of the ditch. drain or water
Sec "a. After the completion of any
ditch constructed under any law OF this
| state excepting state town bitches. no
| public or private drains or drainage bitches
| and no side lateral or spur ditch or bitches
| shall be dug or constructed by any per-
son or persons any association OF per-
sons or by any corporation or any township
| or other municipal or corporation or the
| authorities of either of them without hav-
ing first secured express authority so to do
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
| purpose In the county wherein such drain
age proceedings were originally instituted,
county to the members of said county board
4 or boards as In case OF special board meet
| ings.
Such proceedings shall be instituted by a
| petition to the county board filed with such
| county auditor and signed by parties inter-
ested in and affected by said proposed
branch setting forth the source. course.
| terminus, and the size and dimensions OF
said proposed side lateral spur ditch.
| Thereupon the said auditor shall appoint
a time and place to consider the same and
shall call 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
| weeks in a newspaper published in each
| county affected.
The said county board, or county boards,
| as the case may be, may employ a COM
petent and experienced civil engineer to In