The Ely miner., 1909-04-30

and to raise the necessary money to reim,
burse that fund. It is hereby authorized tt
all lands originally assessed for benefits by
reason of the construction OF said ditch
said apportfonment and assessment to be IL
the same proportion as was the original as
sessment for benefits.
1t shall make a written statement Of sucf
assessments and deliver the same to Tn
auditor of the county who shall put the
same upon the next succeeding tax duplicates
Of said county and such assessment shall bt
first and paramount lien upon the landi
affected the same as state and county taxes
In case such assessment or any par
thereof is chargeable against lands IN an
other county then the amount thereOl
chargeable against such other county sha!
by the county board of the county whicf
has paid the same. be certified to the count.
Herewith and such county andftor snaI
thereupon draw his warrant therefor IN IA
treasurer of the county which has paid the
same. and such auditor drawing such war.
rant shall thereupon apportion and assess
his said county originally assessed for bene,
fits by reason of the construction OF saio
ditch in the same proportion as was the
original assessment for benefits.
The provisions of this section shall apply
to all works constructed for the purpose OF
drainage under any law now OF heretoIore
IN force IN this state including state dltcnes
In case of repair Of state bitches by the
county board the cost Of the same shall be
paid out of the general revenue fund OF tne
to reimburse that fund. the county ooaro
is hereby authorized and empowered and II
shall be their duty 70 appoint viewers &c so
pairs and preliminary and other expenses
in connection Herewith. said assessment
and apportionment to be for benefits to all
the construction Of said state ditch and OF
any lateral spur ditch emptytng therein
In proportion to such benef1ts.
All the laws Of this state In regard to
county drainage bitches, designating the
mum Der and qualification and the duties and
compensation OF viewers, prescribing rules
and directions governing the making OF as
sessments Of benefits and the manner and
time Of giving notice Of meeting, governing
the making. fling and the approval; change %
ers providing for a hearing thereon. and
such other provisions thereof as is neces-
sary and as is adaptable therefor shall gov
and statement of the assessment for re-
pairs shall be made and such assessment
hereinbefore in this section provided for
the making of a statement Of and collect
ing assessments for repairs OF county OF
judicial ditches
county or judicial ditch is made necessary
or II the same is widened or deepened as
Of the sonstruction OF ,bs laeGa So
ume Of water to be taken care OF by the
original ditch or deposits sediment In the
original aeGh tnsn EN- ne nest or repairs or Of
widening or deepening said ditch, shall IN
clude in such assessment the lands bene-
shall assess benefits against the said land
and. after such assessments shall apportion
and assess the balance Of the cost of the re-
pairs Of widening or deepening said ditch
as heretnbefore provided.
Provided further, that before ordering re-
pairs for any ditch and before widening OF
deepening the same. the est estimated eos, 81
the county board by a competent civh engl-
ueer appointed for that purpose and hear
ting held before the said county ,rr n0ard ond ,d
the apportionment and assessment or the
cost thereof, said hearing to be held after
pose thereof, signed by the county auditor,
which notice shall be served In the manner
provided in section of chapter 2SO or the
Laws of 1905 for the service on parties In
terested OF the final meeting of the county
board to act on the viewers report.
Provided further. that In case there are
the county to the credit Of the particular
ditch in question and available for the pur-
pose aforesaid. the same may De USED py
the said county board Tor any OF the saio
purposes without notice.
The repairs herein provided shall be con-
Ftrued to include the taking from SAID aua1 do.ch
of distractions therein. the widening ano
deepening thereof so as to answer lts orig
lnal purpose or SO as 70 phovide ber .oF d,tcbas
or any other reason, the cutting ana re-
moval of weeds or grass from the potion
sides. banks or right OF way OF such +pran pi,cn
In as will enhance its usefulness Ior the
purpose of drainage, and shall further pe
6itch to a new outlet when and In case
the same is found by the county board &c
be necessary or advisable. 90,
Sec II That section 81 OF chapter zSl
Of the General Laws Of Minnesota for the
wear 1908 be and the same hereby is amend
ed so that the same shall read as follows; VS. >,
n QAfn
shall establish any ditch. drain. water course
or other construction named In section
of this chapter, there shall De preseh.sdd &c
district in which any part o. the proposeo
ditch is to be located, petition such as Is
required BY section 3 of eaaptg for the "
1905 as amended by this act.
Before such presentation, sucn peutloI
shall be ed bs c1untv %Ia tHG the said
or any part thereof is to be located OF con,
structed and copy thereof duly certneo
countv auditor of each OF the counties
wherein any of the lands mentioned or de-
scribed in the said petition are located;
numbered by the said clerk of said district
court as follows:
Judicial Ditch No. - and may Dc Sc
referred to at all subsequent times. ~,
Sec. H. That section As of chapter ZSt
of the General Laws of Minnesota for the
year 1908, as amended by section OF chap,
ter s67 of the General Laws of M1nnesota
for the year 1907 be and the same hereby
is amended so as to read as ioiows. =,
The following fees ano eApe.sss saa rad ,ne
allowed and PAID ior SERVICES ieo0eu 0i
der this act: .roo> -,
To engineers the sum OF nVe Sso.ovI uoi' o,l
lars per day for every DAY necessary en- en-
gagged, and actual ana necessary eAPenses nns
To each viewer the sum OF tnree lso.Jv, s.y
dollars per day Tor every oay t.,,aI,,, :
engaged In viewing dltches' IN lassinns t
therefor, and In making up tneir repor's
and actual and necessary EXPENSES,
To each roaoman sun Ho Ho soe Sofiar.
two and nIty nunuIeutns Ns|.ov1 p 80 .i
per day. and actual necessary eApenseS. ~ .,
To each chainman' aNnnah .sSS anu SueaS o.nei arl
like employee not nereth e,,tior r., e ,he