St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1913-05-02

place Or location fixed or determined therefor
b BY, the nS order e.: ll.sh,'g such ,sae1oS ditch tS,s but or c has
structed along a different line or at a DIFF
fca place or location. Or ,, third. 8 WHERE here
wholly or partially located. dug or constructed,
additional to. different from, or other than
order establishing such ditch, or. fourth, where
at the final hearing or subsequent thereto,
the engineers work or viewers report or the
either actually or copstructively changed or
altered or modified by order or action, OF the
acting thereon, or, fifth, where any other action
or thing, not above specified. required to De
done or performed by any officer or person IN
the matter Of the establishment, location OF
construction Of any such ditch, or OF the &C
%ceptance or payment therefor, or If amy part
or of the making Of assessments of benefits
therein, Or of the making or filing OF the
other step in such drainage proceedings. has
been attempted to be performed. but has been
actually done or performed in a. manner not
in compliance with law, than all of said pro.
%ceedings so taken, as aforesaid and all parts
thereof and any assessments or liens SO levied
or assessed or attempted to be levied or as
sessed for payment Of the expense and cost Of
said ditch, including damages awarded, and
the contract, if any, entered into tb the sa Id
otherwise made in such ditch proceedings: and
all ditch bonds issued in the said proceedings.
ditch, and any such change Or alteration in
such final order, or in the engineers or
viewers report therein, ana ~ SeSpo
and proceedings in such ditch matter attempted
to be done. but wherein the provisions or
1 Iafed we're aga n eac fully agd fo aIi os th M't same 1e a are here ere
by legalized and declared to be valid and IN
full force and effect, the same. as II an pro
tablishing said ditch and the acceptance there
of and payment therefor and all. other pro
and the same as if the final order establishing
said ditch had been regular and correctly made.
Where such main ditch or branches or later
ais or anV nart thereof has not been wholly
or partly located, dug or constructed aong1
a sae sshd S but has Been anu Wholly 'Eeo or parity partly %.
Gated. dug or constructed at a different place.
or where branches or laterals to any ditch have
structed additional to-, different from or other
than those established by the final order es-
der was ineffective or defective as aforesaid,
wholly q partly located, aug Or construsted at at
laterals additional to or different from those
designated or established by such final order
and all such ditch or branches as actually aaG,
structed, and each and all Of the same are
hereby legalized and made valid and effective
ton, the same. as II there located and ordered
constructed by the final order establishing
such s. !. ditch, proyidsd til that III if amy amy p a,tcS w Ss
such change claims, additional or other DAM
ages to such lands on account Of such change,
duction Of assessment Of benefits to any such
land by reason of such change, then. and In
either such case. such person shall within sixty
p%lication to the county board which establish
ed such ditch, in the case Of a county ditch,
or to a Judge of the district court which es-
tablished the same, in case of a. judicial
ditch. to have his claim for such additional
damages Or reduced benefits considered and
upon proceed to hear and consider such appli-
cation and determine the same, upon such
advisable by such county board or district
judge. as the case may be, and shall make
and equitable and required by the evidence
submitted, and appeal from such order or
review thereof shall be had In the manner
provided by law for appeal from or review of
assessment of benefits in county and judicial
ditch proceedings. Provided, that the pro
visions Of this Section shall not apply to any
action at law or in equity now pending in.
any court Of this State, but for the purpose
Of questioning or reviewing any such defect
in any such ditch proceeding.
Approved April II, 1913.