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

space l0CAtlON HxeN OrA0eteT1l1Ne0S tuGEEAV1
BY the order establis hing such ditch..s but a
tstructed along different line or ct s. .;dif
branches or laterals to- any ditch have beer
wholly or partially located, dug Orsconstructed
from Or ot1sr fh na
!order establishing such ditch. or, fourth. where
at the final hearing or subsequent thereto
final order establishing such ditch have beer
teither actually %tor aconstructively changed: OF
altered byerdsr astien dhe
or thing, not above specified, required to- be
| the matter Of the establishment location OF
construction OF. any such ditch or OF the &C
ceptance or payment Therefor er:.if any par
| thereof or Of the issuance Of bonds therein,
! or of the making Of assessments OF benefits
therein, or of the making or filing of the
lien Of assessments of benefits therein. or any
other step. i'll such drainage proceedings. has
J been attempted to, be performed, but has beer
actually done or performed in manner no.
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
the contract, if any: entered into the said
oth te made in such ditch proeeedings and
all ditch bonds issued in the said proceedings
| ditch, and any such change Or alteration. il
such final order, or in the engineers OF
viewers report therein, and all other steps
and proceedings in such ditch matter attempted
to be done, but wherein the. provisions OF
law were not fully complied with Or were Vio-
lated, and each and all Of the same me-, are here e.
full force and effect, the same as 1t all pro
ceedings in the matter of locating and ,es-
of and payment therefor and all other pro-
ceedings therein in all. respects regular
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 any part thereof has not been wholly
or partly t dug GTe
aforesaid, but has Been wholly or partly 10
Gated, dug or constructed at different place
been wholly partly located, dug or con
structed additional to, different from Or other
than those established by the final order es
der was ineffective or defective as aforesaid
then the said ditch or branches thereof as
wholly partly located, dug or constructed al
such different place and such branches OF
laterals additional to or different from those
designated or established by such final order I7
structed, and each and all of the same are
and MADE "a Haa and
constructed by the final order establishing
lands are affected by the said ditch or by
such change claims, additional or other dam
ages to such lands on account of such change
duction Of assessment Of benefits to any suct
land by reason of such change, then and ir
either such case. such person shall within sixty
days after the passage Of this Act make ap.
plication to the county board which establish
ed such ditch in the Of county ditch.
or to a judge OF the district court which es;
tablished the same, in case Of judtcia
ditch, to have his claim for such additional
damages or reduced benefits considered an6
determined, and such county board shall there
upon proceed to hear and consider such appli-
cation and determine the same, upon such
notice Of hearing herefor, as shall be deemed
advisable by such county board or district
judge, as the case may be, and shall make
such order in the premises as may be. j us
submitted, and appeal from such order o,
review thereof shall be had in the name,
provided by law for appeal from or review OF
assessment Of benefits in county and Judicial
ditch proceedings. Provide1 that the pro
visions Of this Section shall not apply to any
action at law or in equity now pending II
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.