The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1913-05-02


the lien statement covering the costs ana az
penses Of such repairs in the manner 70 f.
+ az consistent, as provided By sections ~ az.
nesota for 1905, and such assessments shall b
g first and paramount lien upon the lands Ct
feGted, the. came as state and county taxes. 81.
is chargeable against lands in another county
then the amount thereof chargeable agains
o ee en county sh ha BY the ss
certified to the county auditor OF such othe
county chargeable herewith and such las
his warrant therefor. in favor Of and delive
the same to the county treasurer Of the county
which has paid the same. and such auditor
ton and assesss and file lien for the amoun
thereof upon all the lands in his said county
the construction Of said ditch in the same pro
portion as was the original assessment To-
The @1 provisions Of this section shall apply I,
all works constructed for the purpose Of drain
age under any law now or heretofore In force
In this state including state bitches. In case
the cost Of the Same shall be paid out Of thu
general revenue fund of the county, and t.
raise the necessary money to ina
and empowered and 1T shall be their duty Il
appoint viewers to assess and apport1on TN
expenses in connection herewith, said assess
ment and apportionment to be for benefits t.
all lands which may have been benefited BY
the construction of said state ditch and OF any
lateral or spur ditch emptying therein in pro
portion to such benefits.
All laws of this state in regard to county
drainage bitches designating the number anc
qualification and duties and compensation OF
viewers, prescribing rules and directions gov
and the manner and time Of giving notice Of
meeting. governing and making, filing anc
the approval, charge and adoption of the f1na
report of the viewers; providing for a hearing
thereon, and such other provisions thereof az
is necessary and as is adaptable therefor shall
govern proceedings for repair of state bitches
and a statement of the assessment for repairs
shall be made and such assessment levied ane
collected in like manner as is hereinbefore II
this section provided for the making Of Of state
Of county or judicial bitches. In case thu
total cost and expenses Of said repairs ex
ceeds a sum equal to twenty-five C25qe) pc,
cent of the original COST OF construction o.
such ditch then the moneys to pay for such
repairs may be obtained by the sale OF thu
Is, Chapter $50 Of the General Laws Of 1905
and acts amendatory thereof. In such cas-
the lien for the payment Of assessments o.
cipal before one year from the fling o.
the lien statement in the office Of the Register
of Defds and each aaS
annually and all the laws OF the state re-
garding the issuance of drainage bonds and
and the filing Of liens Statement 50 far as ap
plicable thereto shall apply to the repairs re
ferred to in this paragraph.
Provided, that II the repair OF any county
or judicial ditch is made necessary or II 4
shall be necessary to widen or deepen tn.
same in consequence OF the construction o.
the e. CONSTRUCTION Of other ditch or ditche,
which connect with or empty into said orig
inal ditch Or into lake or lakes which arr
lateral, private or public ditch or bitches ar
constructed subsequent to and not included IL
the assessment for such original ditch, ant
vol ho a. n
taken care Of by the original ditch or which
deposit sediment in the original ditch ane
repair. widening or deepening. then the count,
board shall appoint three viewers whose quail
Gatons shall be as herein provided a tS
cost Of such repair, widening or deepening
and of the expense in connection therewitl
eauiably between the lands benefited sns
benefited by such private. lateral or othe1
bitches constructed as aforesaid, in proportion
to the benefits to such respective ditch sys
original ditch and Of such lateral. private ane
subsequent ditch or bitches, the same a. i
and subsequent ditch or bitches were original
ly one ditch system. and such VIEWERS shall
then equitably apportion and assess the por
30 determined to be borne by such private
lateral or other bitches upon the lands bene
fitted by the original construction OF suol
benefits to such lands resulting from sucl
construction: ard shall likewise sppoztiSn an,
be borne by such original ditch upon tn
lands benefited by the establishment and con
The fact that that such portion Of such cost o
repair, widening or deepening. and such ex
penses respectively apportioned to such latera
to such original ditch system is respectivel,
apportioned and assessed against the respec
tive lands benefited thereby. in the same pro
no{4 p4vHnt
Of benefits therein, shall in all cases be prime
facie evidence that such assessment and ap
portionment is made in compliance with tn
Such viewers shall perform like duties an
be governed by the same rules and restriction
in acting hereunder as Is provided by law to
such viewers shall within thirty, days afte
their appointment file their report in writing
such such, county auditor shall give such notice o
the hearing on such report as Is provided b!
law for hearing on engineers and viewers
hearing the county board shall proceed to con
slider such viewers report and adopt or podif!
the same, and the power and authority ". Q
a final hearing on the engineers and viewers
rep in q ha he sSt
appeal from or review Of the assessment o
benefits and damages and the same procedure
in relation thereto shall exist. in regard t
county ditch proceedings. After final actor
by the county board In relation to such as
is in this section provided In case such as
sessment for repairs were made by the count!
board. The repairs herein provided for shal
be construed to include the taking from sail
ditch Of sediment deposited therein, the re
moval Of distractions therein, the widenin
and deepening thereof so as t to answer fH It
tional flow of water caused by other ditche
or any other reason, the cutting and removs
banks or right Of way Of such ditch and sue
other changes alteration therein as will en-
nance Its usefulness for the purpose of drain
age, and shall further be construed to includ
the extension Of said ditch to . new cutie
county board to be necessary or advisable"
Sec 2 This act shall take effect and b.
In force from and after its passage.
Approved April Z. 1913.
CHAPTER 1905. F. No se4.
AN ACT to authorize the repayment to tax
payers of any school district in this stat
of moneys raised by taxation therein TO
school purposes when the amount 30 raise
through the error OF clerk Of said district ex
ceeded the amount voted at the annual schoo
Be it enacted by the Legislature OF the Stat
Section i. That in any case where the elerl
Of any common school district in this Stat
nished to the county auditor Of the county i,
which such school district is located, an at
tested copy Of a record showing that sal
school district voted more money for schoo
purposes than the amount actually voted II
said school district in any year for such pur
poses, apd the amount returned through sal,
error and mistake exceeds the sum actual!
clerk Of SAID school district may. at any tim
after the tax therefor has been extended II
the way and manner as provided by law. fur
nish to the county auditor OF said count,
proper evidence OF such error and mistake
and If the county auditor is satisfied that sal
mistake actually did occur he may and Is here
by authorized at any time after said tax ha
been paid into the county treasury. to draw
and deliver to each Of the taxpayers in sal
school district a warrant upon the treasurer Q
such county for such taxpayers pro rata POI
tion OF such excess. and the county treasure
is hereby authorized to pay such warrants an