The Ely miner., 1909-04-30


lease and discharge such lien of record.
On or before November 15 of the next
following such fling, the Town Clerk
hha in whes hnS said the IS saeh of hs
time of such filing and of the book ana
page in the Office of said Register OF
Deeds OF said county at which said state,
payment in full that he has issued, and
said Auditor shall thereupon forthwith
enter on the tax lists of said county the
amount of such lien then remaining un-
paid against each respective tract OF land
subject thereto, as a tax on such tract
which shall be subject to and be col
lected with like penalties as all other
Sec. Is. TOWNS AND MUNICIPAL
TTIES-Whenever any public road or
Establishing said said ditch itch to have been bene-
fitted, the town, village or city which Is
by law chargeable with the duty of keep,
be assessed as herelnbefore provided. the
pro rata amount Of such benefits accru-
Ing to such roads or streets within said
village MA tb or town by od ben
come a liability of such city. village or
town and shall be due on the fling of the
Town Clerks statement In the ONCE OF
Thereupon the Town Clerk shall forth
with issue a warrant to the Treasurer
Of the town in which said petition was
fund of said ditch the amount of the
assessment Of the town of which he is
treasurer, which said Town treasurer
shall forthwith do upon receiving said
Said Town Clerk shall at the same time
notify by mail or otherwise the clerk OF
amount due from said respective town,
If not paid to the Town Treasurer
notify the counfy akS Anditop lne G" Of the proper
county in writing, thereof, who shall
thereupon extend the amount thereof with
rom said at asH sx % per IN sad
of Deeds office against all the property
in such city, village or town liable. to
taxation, and the same shall become due
be paid and collected in the same man
ner and with like penalties as other taxes
for that year.
Sec. 81 ASSESSMENTS = TOWN
lTREASURER-All assessments when col
lected by the County Treasurer or County
Treasurers shall forthwith be transmit
ted to the Town Treasurer Of the town
in which said petition was filed; to be
known as Fund of Town Ditch No
-. of town of. ......" and the petit
toners for said ditch who have paid for
and expenses Of said ditch. shall be en-
titled to repayment from said fund, of
all moneys received by the Town Treas
and interest
Such payment shall only be made upon
warrant drawn by the Town Clerk. who
haae aey or S e sara aaaT board
Sec % PLACE OF FILING-Ail pc
titions, resolutions. orders, engineers re-
ports. notices Of appeal. bonds neso Of eng. engi-
ments and papers having to do with said
ditch proceedings shall be forthwith fled
in the Gos Of 6he TGWn Clerk
Sec 20. MEETINGS OF BOARD
HOW CALLED-The Town Clerk of the
| town IN which said petition Is filed shall
have power whenever necessary in said
ditch proceeding, to call q meeting Of the
board at such time and place as he may
designate. upon three days notice given
each member Of the Board OF Supervisors
of each one of the towns in which any
Of the lands or public roads described in
the petition are located.
| 1t shall be a sufficient statement Of the
objects and purposes of said meeting in
said notice to say that 1t is called pursu-
ant to the provisions of this act
Sec 80. APPOINTMENT OF OTHER
ENGINEERS-If the engineer appointed
by the Board fails to qualify. or at any
during the progress of the. work, the
Board shall forthwith appoint another
civil engineer having the qualifications
place Of the engineer frst appointed, who
shall give the bond and take the oath re-
| quired by this act and shall do all things
remaining to be done by the original ap-
Sec. 81. DUTY OF RAILROADS
! PENALTY-It shall be the duty of every
right Of way therein, over, under OF
through which 1t shall be necessary to
| construct any ditch in any drainage pro-
dbng dir to permit ss such qSt
way, provided such ditch across said
| right of way shall be an underground
ditch when practicable: otherwise to De
manner. and so as not to impair the USE
| fulness OF the railroad.
| Any railroad company IN this state re-
| fusing permission or continuing to OBJ
struct the construction OF such drain
across its right of way after the same
| has been ordered and written permits
sion demanded for the construction of the
! to construct the same. shall forfeit the
| sum Of S25 per day for each and every
! day that such refusal or obstruction con-
tinues or is made after such written de-
mand, to be recovered in a civil action by
| the contractor or other party aggrieved.
Sec. 80. REPAIRs-said board shall
snd to pepar gad dcI ang te
| proceedings therefor shall be commenced
| by like petition and the costs and ex-
penses thereof shall be paid in like man.
ner by the petitioners and the assess
ments shall be made and collected and all
| other proceedings shall be had, as nearly
as may be, as in case Of new ditch.
Sec. SO. oBsTRUCTIoNs = PENAL
i
obstructing or in any way injuring any
work constructed under the provisions OF
! this act or allowing such ditch to be in
| tured or obstructed by his live stock:
| in said ditch or interfering with the con-
struction Of said ditch. shall be guilty OF
a misdemeanor and shall also be liable
| to any or all persons or corporations in
| jured by said act, in treble damages.
! Any Town Clerk, member OF Town
Board Of Supervisors, Town Treasurer,
| Register of Deeds, or other officer who
refuses or neglects to perform any OF the
be guilty of a mfsdemeanor and shall also
be liable to any person injured by this
| act. in treble damages.
| The County Attorney Of said county
| shall prosecute all criminal actions aris-
| ing under this act.
| Sec. a. COMPENSATION OF MEM
! BERS OF BOARD, ETC.-The engineer,
| If appointed, shall receive the sum OF
s5. 90 per day for every day he is neces-
REQUIRED req 5 Of him by by this act and his actual
and necessary expenses incurred in and
| about the same.
| The members of the Board shall each
receive $500 per day for every day they
are necessarily engaged in acting on said
! ditch proceeding or in viewing said ditch
I and in making up and filing their orders
/ and their actual and necessary expenses.
| Each rodman shall receive the sum Of
So 90 per day and may be allowed in ad-
dition thereto his board and lodging for
each and every day he Is employed, and
each chairman, axeman and other en-
Lloyee Necessary to the prompt sXeeuti9 tic
ditch, shall be allowed. $3.50 per day and
| may be allowed in addition thereto his
board and lodging for the time such per-
The rs oWn Clerk the pToWn Treasurer
the Register of Deeds. Constable and
other officers shall be paid the same fees