St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1909-05-07

10 Its outlet, to be made by g. competent
pointed by them by resolution to that effect.
The auditor shall forthwith transmit to
luton. = : 'erlneo copy Oh sucn leso-
Upon the fling Of the petition such pro.
G - may be designated and numbered
NO. - and may be SO referred to in all
subsequent proceedings.
aa sec G, 3; That SECTION five 90 Of chapter
hereby IS amended by adding the following
All reports, except reports as to assists
ants and expenses incurred. all plans. speoi-
ncat1ens, maps or profles herein required to
S bi made ia dp by the engineer agh e3.d shall Al be BE- made mace By 81
me county auditor or the clerk of the dis
afict court, as the case may be, and ono
contract shall be delivered to the contractor
a. ms request at any time after the execu-
tlon OF the contract"
for the year 1905 be and the same hereby IL
amended SO that the same shall read az
Section 6. At the session of said county
or at such time thereafter as may be ap:
pointed 2 INT by them: not later than ten (1ol
o oays 'a appointine sa three board "a s rsaiaa make era an
holders Of the county not interested in the
construction Of the proposed work, and not
or Kin to any of the parties known to be in-
terested therein. as viewers to meet at a tins
and place to be specified by the county audi
~ ~s pIOS4u0u =
commencing their duties as hereinafter speci-
within It | ihf ave 's sa tns s assy t ss ts sS,s equity sf the s1s anei::
a 9;me REP report to make an order designstinE
viewers. which time shall be within fifteen
Sa62 days after the fling Of the engineer.
the county ato a u ! has' w dahine I've 90 IS 51e days au,y af T.
sue to said viewers 9 certified copy Of the
mating the time and place Of their arst
In case any of the viewers so appointed
f for tba 1a ars for ms any cause tps cttoe,nqquu qualify TN in tt !;
designate some person having the -aualiaca-
tions above stated to take his place. a
The viewers after taking the oath to faith
the time set in said order. with or without
said civil engineer, and shall prepare .
t tisapis' ; ;ss nsms, sh ~ {Ps a asn4aS q =; p s.ss
tract OF land to be benefited or damaged; the
d . aaa Of each tract benefited or dam
said county; and the description to be given
in each Of said tracts of land to be benefited
or damage Gas the case may beg; the NUM-
or partial II hsfs drainage a i Of Of amy amy m araea ey dh AXE te'e or
1Gca the change nan g. Of any ny water wat . course; AND and the
damage HSnssse I Il any ya' to r II 1qen r aeSes p 5enai Ing
to any tract; and the amount that each tract
OF land YIN be benefited or damaged by the
- o0AA "a LAG oAy III
established under this act drains either in
whole or in part any public or corporate road
that the roadbed or Travelled track Of any
such road. will be made better by the con-
innate the benefit arising therefrom to such
roads roadbeds or railroads. and report said
benefits snames Of roads and other partieu-
private or public, to be benefited thereby,
and amounts of benefits to each) as a part
OF their tabular statement provided for in
this section: and the viewers shall also re-
port as a part Of such tabular statement the
corporation, and to any person. persons, or
association Of persons. telephone and tele-
railroad. or roadbed, telephone or 1ai
line or other personal property, and from the
any anysi bridges soe cuiVerts or o ahS % WorRs renGere cd
necessary by the establishment of such ditch,
stating the same separately; and they shall
respect to the entire ditch and branches, if
any, and also whether or not, in their opin-
ton of such ditch. including the damages
awarded therefor, are greater than the util-
s sttgr c n Of Pt such ditch CHS is im M sla abb FOR for
any reason, stating the reason why 1t should
not be constructed.
each viewer shall state separately in the re-
port his findings on the matters disagreed
upon.
Whenever a public ditch is located wholly
or in part In the bed OF a private ditch al
shall make an estimate Of the number OF
cubic yards of earth already excavated on
reduction in the cost Of constructingsth h por-
ton of the ditch on each such tract Of land
6Sns Teas9n Of sue such PR priva v;ew drain s haX1ing ge been
such amount from their estimate Of benefits.
If any, against such, tract of land, making
port po IpDi'''lA' 49, 'A'ieol ~ 'ns'i .
Sec: s. That section seven ~ Of chapter
nesota. for the year 1905, be and the same
hereby is amended so that the same shall
read as follows:
Section I. All lands benefited by a public
ditch. drain or water course, and all public
or corporate roads or railroads so benefited.
Proportion m%tie 1 to the Pen benefits ia1i for 0t the ess constru ea
ton thereof, whether said bitches pass
through said lands nc or along o. near the line
viewers In estimating the benefits to lands,
roads or railroads not traversed by said ditch
roads or railroads will receive after some
other ditch or bitches shall be constructed
r put only It the tb oene annsf tnat %1ll o % received Zee n1h1 ny
ditch as it affords an outlet for the drainage.
or prevents hant tae oyert,owl na Of or otherwise
roads.
All lands owned by the State OF Minnesota
ditch, drain or water course shall be liable
for such benefit. the same as taxable land.
ANNUALLY nn N sum th o5 seiteU'1 or he so t mue yeat tb ayes ans aa
may be necessary to meet all assessments
against state lands under this act is hereby
0PpAS - " SAS SASA AoAA
Sec. s.: That section seventeen qD of
sofa for 1905 be and the same hereby il
amended SO that the same shall read as fol-
lows:
Section IT; It shall be the duty Of tho
that his JOB is CON comp if H. to inspect = the h
to the contract. plans and specifications. no
shall report that fact to the board of county
stating that said section or sections (by
number) or other Jobs Of construction. are
e end aneeiac afioaa'n as set t fost6 eo IN tSe r plans
Provided. that when the work for which
such certificate is to be issued. affects moro
than one. county. proportionate certificates
shall be issued; whereupon. If approved by
as the case may be. and upon the presenta-
ton and surrender OF said certificate with
tor of : the proper County or COUNTIES, said
auditor shall draw a warrant on the county
a amount found = IL to be due in r respect Of and
in his county on said contract, according to
such preliminary certificate, as herein pro-
out Of the general ditch fund to be provided
by the county board as hereinafter suecifed
Said warrant shall become due and pay
shall be no cash in said fund to pay said
warrant when the same is presented the
county treasurer shall indorse said warrant
mot paid for want of funds" and date and
sign such Endorsement, and the amount of
Of six (6) per cent per annum until called
in by the treasurer or auditor of said coun-
ty and paid.
the written approval of the engineer, may
issue preliminary certificates for not to ex-
ready done and approved. within the county
of which he is such auditor, which certificate
shall be treated as hereinbefore provided;
cept when accompanied by the engineers
written certificate that no loss will result