The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1909-04-30

Y When said board shall be satisfied that
complied with they shall cause an accurate
survey OF the line of said proposed ditch,
to its outlet to be made by a competens
/ and experienced civil engineer, to be ap-
| The auditor shall forthwith transmit to
such engineer certified copy Of such reso-
Upon the filing of the petition such pro-
ceeding may be designated and numbered
By the county auditor as County Ditch
NO. - and may be 80 referred to In all
subsequent proceedings
Sec. 3; That section Ave CD of chapter
hereby is amended by adding the following
thereto:
IAN reports. except reports as to assist
ants and expenses incurred. all plans. spect-
ncatfons, maps profiles herein required to
be made by the engineer shall be made by
the county auditor or the clerk Of the dis
trict court. as the case may be. and one
contract shall be delivered to the contractor
az at his request at any time after the execu-
| tlon OF the contract"
| Sec. 4. That section 8 Of chapter $50 OF
the General Laws of the State of Minnesota
LOT the year 1905 be and the same hereby 10
as dIed SO that the same shall read al
Section 6. At the session of said county
or at such time Thereafter as may be ap-
9einse fbs by them not later than ten uo1
order appointing three ds5 resident '> tree e.
no1asrs Of the county not interested IN the
| consHuctlon OF the proposed work. and not
OF Kin to any OF the parties known to be in
terested therein. viewers to meet at time
s and PLACE to be specified by the county audi
commencing their duties as hereinafter speci-
It shall be the duty Of the county auditor.
within five days after the fling of the engi-
neers report to make an order designating
viewers. which time shall be within fifteen
G6) days after the filing of the engineers
the county auditor. within Ave (5) days aft
er the fling of the engineers report. to is
petition and of the order of the county board
appointing them. and of his order desig-
mating the time and place Of their hrse
In case any of the viewers so appointed
for the hrst meeting the county auditor shah
designate some person having the qualifca-
lions above stated to take his place.
The viewers after taking the oath to faith
fully perform their duties. shall proceed at
the time set in said order, with or without
tabular statement showing. as far as prac-
ticable. the names of the owners of each
description Of each tract beneited or dam
aged (said names of owners to be the same
said county. and the description to be given
In legal form(, and the total number of acres
or damaged Gas the case may bel: the NUM-
Der OF acres added to any tract by the total
by the change of any water course, and the
location and value Of such added land: the
damage If any ", to riparian rights pertaining
construction Of said work; when any ditch
whole or In part any public or corporate road
tSs BENEFITS eff Of suS Of so
such road. will be made better by the con-
struction Of such ditch, the viewers shall
roads, roadbeds or railroads and report said
} benefits (names Of roads and other particu-
lars necessary to identify the corporations
private public, to be benefited thereby,
and amounts of benefits to eachl as part
; of their tabular statement provided for in
this section: and the viewers shall also re-
} port as part of such tabular statement the
corporation. and to any person. persons or
} association of persons telephone and tele-
railroad or roadbed. telephone or telegraph
line or other personal property, and from the
any bridges. culverts or other works rendered
necessary by the establishment of such ditch,
also Iepor the tota estmated benets in
respect to the entire ditch and branches. IL
any. and also whether or not, in their 9pn-
ton Of such ditch. including the damages
, awarded therefor. are greater than the util-
struotion Of such ditch is impracticable. for
any reason. stating the reason why it should
In case the viewers are unable to agree
each viewer shall state separately in the re-
whenever a public ditch is located wholly
ready or partially Constructed the engineer
: shall make an estimate Of the number OF
each tract of land and the amount Of the
reduction in the cost Of constructing the por.
by reason of such private drain having been
constructed. and the viewers shall deduct
Il pG any against 0 such ne tract Of land mating
; an appropriate notation thereof on their re-
| Sec. S. That section seven Cd of chapter
230 of the General Laws of the State OF Min
nesota for the year 1909, be ana the same sans,
read follows:
Section Z. All lands benefited by a public
r'ea @ roads OF Gailroads n SO Ssnessd
In whole or In part. shall be assessed IN
ton thereof. Whether said bitches pass
through said lands or along or near the line
hoA estimatns the BENEFITS to iands
roads or railroads not trayersed by said ditch
shall not consider what BENEFITS sn such sss lands
but only the benefits that will be received BY
ditch as It AFFORDS an outlet for the drainage.
or prevents the overlooking Of or otherwise
directly benefits such lands. roads or rail-.
, 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
or as
may be necessary to meet all assessments
appropriated out Of the general revenue fund
Sec 6. That section seventeen (1T) OF
chapter 230 Of the General Laws Of Mime
sofa for 1905 be and the same hereby IL
lows:
|, Section IT. It shall be the duty of the
engineer on being notified by any contractor
!: that his job is completed, to inspect the
same. and If he finds it complete according
to the contract, plans and specifications, he
shall report that fact to the board Of county
board and give to the contractor a certificate
number) or other Jobs Of construction. are
completed according to the contract, plans
and specifications. as set forth In the report
of said engineer:
such certificate Is to be issued. Affects moro
than one county. proportionate certificates
shall be issued whereupon, IL approved by
the county board OF the county or counties.
ton and surrender of said certificate with
such approval Endorsed thereon, to the audi
tor Of the proper county or counties, said
auditor shall draw warrant on the county
treasurer of his county for the proportionats
amount found to be due in respect OF lands
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
able out of said fund at once. and IL there
shall be cash in said fund to pay said
county treasurer shall indorse said warrant
mot paid for want of funds" and date and
sign such Endorsement, and the amount Of
said warrant shall draw interest at the rate
In by the treasurer or auditor of said coun-
Provided. however. that the auditor. upon
the written approval of the engineer, may
i..,,a ,,raIi,, q, cartihcates for NOT 70 ov