St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1909-05-07
same as If the said ditch proceedings had
beenl originally commenced under the pro

same as II the said ditch proceedings had
been originally commenced under the pro.
Provided that whenever In proceedings in
tion e of snt s sGnlt S Of this :tat e the hs,s soRstru or-
uereQ by the county board under any drain
age law Of this state by which the cost for
construction were or are assessed against the
within one ' ei9 year after the entry Of maj
whose land is liable to be assessed therefor
may cause the entire proceedings relating to
s sss ats ditch NJ to be s,,l transferred 1n IRE , to the 5q S1st,, Ct
where the same 10 pending, by service of q
1 aeHs Of motion to that effect; eight ss2
motion. upon the county auditor, chairman
Of the county board, and the parties upon
was enjoined or the attorneys representing
them in such proceedings. III
notice otee Of Sfou aneb m a%d ! sh hpHn fo ssfv.ie o sra Iae
all original papers hled in said matter.
motion or on any date to which the same Is
continued. upon proof Of the service Of such
consider the same and the viewers report.
the same in all respects as If such proceed,
1aSs had and been Ssa 9 ndfiaa tYRe se%m siysn a an p paaa
vided in this chapter, and the report OF the
Viewers. appointed in such proceedings by
motion be considered the same in all respects
as II the viewers had been. appointed by the
i iou sa,d IN co pr9ce and fbe o eagra aSali cG thapeupen
make such findings as Justice may require,
and may order said ditch constructed In con
and all further proceedings relating to said
ditch shall be had before such court. the
osRH II al Been 5e eo@men as 4 th sne same naa
Sec. rs. Where the county board OF any
county in this state or the Judge or Judges
located, established or constructed Or at
tempted to locate, establish or construct any
ditch, drain or other water CO.. course sa,a within ca1,n'
as the case may be. has found and deter
@ course tR Mifl such be- Of ditG pnb Gts'n Utility III 9'n and viii viii
promote the public health, and that the
benefits or estimated benefits to be derived
than the total cost, including damages
awarded and the final order establishing
said ditch is ineffective for the reason tnas
the course or the size or dimensions of said
ditch or is ineffective for any other reason
and a. r1,c the contr r,os or S;+c contracts tract b ro1 t hetu eGn,
entered into, and the county auditor has
executed and filed in the office Of the reg
lister of deeds, the tabular statement re-
quired by law and making assessments for
the costs and expenses Of location. establish.
ment and construction of the same against
the lands. corporations. roads and othei
property benefited thereby. and no appeal
has been taken therefrom or from any sucn
proceedings, then the said proc eco, ana Inc
SAS Va ASAS
tempted to be assessed or levied for the
ed. and the said contract SO entered into;
and all ditch bonds II any issued IN said
hereby l~egalized and declared to be valid
and In full force and effect. the same az
II the proceedings in the matter Of iocat,
! Ing and establishing said ditch were IN al
final order establishing said ditch had beer
regularly and correctly made:
Provided that this section shall not apply
to or affect the right Of appeal from said
proceedings as now provided by law, OF
apply to or affect any action or appeal.
now pending in which the validity of such
proceedings is called in question.
Sec. IA. That section numbered 3A and
section numbered 10 Of chapter 3e7 OF the
Laws of Minnesota for the year 1907 and
| all of chapter numbered 448 of the Genera,
Laws Of Minnesota for the year 1907 and al
Of chapter "A Of the Revised Laws OF 1905
be and the same is hereby expressly re-
pealed save as to pending proceedings unde,
Minnesota for the year 1907. which pendine
proceedings may be completed under the
provisions Of this chapter, If so elected al
hereinbefore provided.
Sec. Is. This act shall take effect and
be in force from and after its passage.