OCR Interpretation


The Appeal. (Saint Paul, Minn. ;) 1889-19??, May 02, 1903, Minnesota Law Supplement, Image 13

Image and text provided by Minnesota Historical Society; Saint Paul, MN

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83016810/1903-05-02/ed-1/seq-13/

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herein provided for, shall have no powers
over, or duties of any kind in connee.ion
with any of the municipal works herein
designated until the same shall have teen
lully completed and installed and shall
be in use and operation or ^eady O be
put into use and operation, but sucn
board shall be vested with and shall nave
the full power and authorrV after any
such works shall have oeen consiructea
Installed and come undei the control vu
such board to determine upon, ^he,
construct and install any and all ""eli-
sions thereto except as in this act other
wise expressly Provided, provided, that in
case ot lighting pfants this act shall not
lepeal amend or modify J
legislature of this state, entitled An act
to authorize and empower cities in xnib
state having a population of not less than
nn thousand (10 000) and ,^ot.more than
fifty thousand (50 000)
CTnt^in
nlv of such sX
cu-h
01 purchase electric light Wf"1*
cities and to authonze a 'd empower
such cities to issue their bonds for such
purposes approved April ith 1*H.
cept in so far as this act zests Loard
with power and authontv to ontrol. op
erate md manage such plan's after tne
same shall have been consuuct-d. eiect
ed or purchased by thes.itv asi in saia
act provided and to make additions and
extensions thereto for the uses and pur
noses for which such plants shall have
Seen so installed bv such city end for
which such Plants are ^"ded and di
rected bv the council of BVLCbMy to be
used but the power and authority to de
termme upon and make, constiuct and
instill uldmons and extensions to any
such lignting Plant for new and addition
al use-not theretofore directed si all be
and remain as in said act provided but
when such additions and extensions for
such new and additional uses shall h--ve
been determined upon constructed and
instilled read} for use and operation, the
control operation and management
thereof shall be immediately assumed by
eucli board, and
Prov ided further that this act shall
not vest said board with any power or
control over the sewer pipes of any such
cit\ nor to abridge in any manner the
powers of the city council of such city
with ipfcrence to the laying or extension
or sewei pipes or constructing a sewer
j-vstem or part of same ih any such city,
*i deprive such council of the super
Mblon o, control of such sewer
ipts altei conduction, but Bucn
loaid shall have the ful1 control
and management of the PfP^g
tem itfL
ragr ind of all maenmpry ^J: ti
^ud flush tanks employed in the operatUn
of such svbtem or systems after the same
1 iv been erected constructed ana in
,HPd by su utv 8
ac
wnVthct' g^nerafor special inc^natetent
wnh tin revisions of this act, are heie
bv repealed sha tak effec a
iK-m fm.e irom and after ites passagen
Appiovtd April 10 lOOrf
CU VPTt 1V-H NO 78
Af to imend section one U) oi
Afhapter l'n of the General Law- offt
State of Minnesota for the year iy
tUting to county and town roads
B. ena.ted by the legislature of the
5doJfo?1M,jnSaf-ctxon
one (1) of chap-
^^1^^1TitrofTh%Senr^esSl for the ve^r eighteen hudred nlnety
seven U^'TJ be amended to read as fol
1 e^rtmn 1 If twenty-four freeholders of
1 containing one hundred or
rf %oters or twelve freeholders
tounty containing less than one
m. 1. od' leg il voters Petition the board
ot countv i nmmissioners of such county
i th" location establishment change or
/canon o. any highway ?r cartway
nmning into mo-e than one town or on
111" "in* between two towns of said coun
Uong the shore of any lake sit
uate! whclfv or partly within.said coun
tv or inn a town and the unplatted por
on ot any village of said county, such
itrhwdv or cartway not being within the
limit, or any mcraporated city, whether
1,"j highway or cartway is connected or
1 connected with any other roads or
isettns torth in such r-hnon the be
Linnine coui'-e and termination of the
i Khw iv ci r-ntwav proposed to oe lo
1 V^t iblished changed or vacated,
ther with the names or the owners of
th land it known, througu which the
miraav pass the auditor of such coun
tv vh-ill lay such petition before the
1 t county commissioners at the
next session thereafter, provided, how
rvfi thu any petition presented to.any
1 ,u I of countv commissioners tinder the
probiuns ox tins act which petitions f6r
i road which when laid out will be sit
uated partly a town and partly in the
unolatted portion of a village before it
tan be actd upon by the board of coun
tv commissioners shall have attached
tiuuto a copy of a lesolution passed by
the Milage council, trustees or similar or
hceis ot the village into the unplatted
poitnm ot which said proposed road or
irtway is to be laid out, changed, or va
itt approving the location change or
vat ation ot the road as petitioned tor in
so tai as it shall extend within such vil
lage limits such copy of said resolution
to be dulv certified by the village clerk,
iccorder or similar officer of such village
tint it is a true and correct copy of the
esolution and of the whole thereof as
pissed by such village council, trustees or
similar officers of the village, together
with the date of the passage of such res
olution
bee _' This act shall take effect ana
bt in foice irom and after its passage.
Approved April 10, 1903.
HAPTER 167-H NO. 665.
AN ACT to approve correct and legalize
i jpy ot a certain plat of the City of
1 lttlt Fallfa Minnesota.
3 it enacted by the legislature of the
State of Minnesota
btction 1 That whereas the original
lli of the survey of the original torn-
MU ot the village now City of Little
I ills his been lost and destroyed,
-Vnd whereas, there exists and is re
i nit ui the office of the register of
ct in and for the said Morrison coun
tv Minnesota on page IT of Plat Book,
siul county a true copy of said orig
in il pi it and there is recorded also in the
ofhco ot the register of deeds in Book A
II Plats, on page 62 the legal and neces
irv certifications to said plat,
And vvhtreas by error and mistake, the
numbers of the lots the blocks, as
snown by said plat and certifications has
inadvertently left off of and from
but copy of said plat,
vnd whereas, in said original plat
ah \i leterred to, the lots in the blocks
tluieof were numbered in consecutive or
der beginning it the northwest corner of
an md eveiy block thereof with lot
cm mil numbered consecutively south
ud to the end ot said block, and thence
north the end of said block each block
tontaining eight lots save and except
therenom howevei blocks 29 and SI
thtreof, in which said blocks the lots
thtrtot weie numbered in consecutive or
dti beginning the southwest corner
of ^aid blocks 2J and ol, and numbered
consecutiv elv eastward and thence
noithvvard md thence westward, each of
bail two blocks containing eight lots
Now theiefoie said copy of said plat
is heitbv declared to be, and is made the
ofhcul plat ot the onginal townsite of all
that part of the village now City of Lit
tle Falls Iving and being east of First
btieer
in said city and also east half of
blocks 3, and 7 lying west of said First
sticet as shown on said plat
Sec 2 The register of deeds in and for
jlomson county, Minnesota, is hereby
authorized empowered and directed to
numbei the lots as shown on said copy
ot said plat above referred to, which is on
hie in his office in the manner and in the
way tbove indicated and set forth, the
txpense thereof to be borne by Morrison
countv, Minnesota
Sec 3 This act shall take effect and
be force on and after its passage.
Approved April 10, 1908.
CHAPTER 168H NO 259.
AN AC1 to provide for sending official
ballots to village and town clerks, and
certain election judges, by registered
mail or by express, and for sending
tlection returns to county auditors by
ie2risteied mail
Be it enacted by the legislatuie of the
St ite ot Minnesota
Settion 1 Except in cities of 10,000 in
habitants and over and precincts within
tifteen (15) miles of the office of the coun
ty auditor in all cases where the primary
and general election laws now provide
that the village and town clerks and
judges of election in unorganized towns
fo to the countv seat and receive the of
icial billots, hereafter the auditor of
ach county shall at least one week be
'ore the day of election send by regis
ered mail or express to the village and
own clerks and election judges the offi
siai ballots that each is entitled to re
ieive
Sec 2 And whenever the said existing
ilertion laws require the election returns
ind other papers to be delivered to the
ouriLj auditor by one of the judges or
Mhtr messenger, hereafter such returns
in other papers shall, in the presence of
ill the election judges, be deposited in
luplicaTe
each in a separate envelope
Jne ot which shall be sewed by drawing
i substantial twine twice through said
BPV elope and said returns, and tving the
ends ot said twine together, and then seal
Bald envelope with sealing wax and
stamp with a stamp furnished by, the
countv auditor, in three places, one of the
B' als snail be over the knot in said twine
foaid judges shall designate one of then
ti imr-er to take within twenty-four hours
gaid envelopes to the nearest posfofflce.
and cause them to be registered and
mailed to the county auditor at his of
nce
Sec 3 Should said judges so designa
ted fail to register and mail said envel
opes within the time herein specified he
shall be deemed guilty of a misdemeanor
and punished accordingly
Sec 4 All acts inconsistent with the
provisions of this act are hereby repealed
Sec 5 This act shall take effect and
be force from and alter its passage
Approved April 10 1903
CHAPTER 169S NO 79
AN ACT pertaining to the reports of the
Minnesota Horticultural society and ap
propriating money for printing the
same
Be it enacted by the legislature of the
State of Minnesota
Section 1 There shall be annually
printed and bound four thousand (4 000)
copies of the report of the Minnesota
State Horticultural society, provided the
number of printed pages of the same
shall not exceed five hundred twenty
(520) One thousand copies of the same,
more or less, as requested by the execu
tive board of said society, shall be print
ed in monthly installments and bound in
paper as a monthly report to be distrib
uted among the members of said society
The remainder shall be bound, at the
close of the year, in cloth and shall be
distributed by the society as follows
One copy to each of the state officers
members of the legislature, members of
the board of regents of the state univer
sity, state historical society, members of
the boaid of the state agricultural so
ciety one to each public library in the
state when application is made therefor
and the remaining copies as the Minne
sota Horticultural society shall deem
best
Sec 2 The sum of two thousand five
hundred dollars ($2 500) is hereby approp
riated annually (or so much thereof as
may be necessary) to pay for the print
ing and binding of the monthly and an
nual reports of said society said work to
be performed and said sums paid under
the direction of the state printing com
mission with the approval of the presi
dent of said Minnesota State Horticultu
ral society
Sec 3 Chapter 213 of the General
Laws of 1899 being an act pertaining to
the reports of the Minnesota State Hor
ticultural society, and appropriating
money for printing the same, and all acts
and parts of acts inconsistent with the
provisions of this act are hereby re
pealed
Sec 4 This act shall take effect and be
in force from and after its passage
Approved April 10, 1903
CHAPTER 170S NO 143
AN ACT to authorize counties to appro
priate moneys to be used tor the pur
pose of maintaining agricultural fairs
within their respective counties
Be it enacted by the legislature of the
State of Minnesota
Section 1 The board of county com
missioners of any county in this state is
hereby authorized and empowered to ap
propriate and pay to agricultural societies
within their respective counties, for the
purpose of holding and maintaining ag
ricultural fairs in said counties such sum
or sums of money out of the general rev
enue fund of the county not otherwise
appropriated, as the board of county com
missioners may deem proper, not ex
ceeding, however, In any one year,
the sum of five hundred dollars,
provided, that no such appropriation shall
be paid to any county, agricultural so
ciety that is not lawfullv a member of
the the state agricultural society, and
entitled to share the appropriation pro
vided for in section 2974, General Stat
utes, 1894, as amended by chapter 86 of
the General Laws of Minnesota for the
year 1897
Section 2 This act shall take effect and
be in force from and after its passage.
Approved April 10. 1903.
CHAPTER 171S NO 411
AN ACT to provide for the incorporation
of subordinate or bianch lodges of the
I Katolicka Slovenska Jednota Spo
jencch Statoch Severnej Amenky.
Be it enacted by the legislature of the
State of Minnesota
Section 1 That any subordinate or
branch lodge heretofore or hereafter or
ganized in this state under the authority
of the I. Katholicka Slovenska Jednota
Spojenych Statoch Severnej Ameriky.may
become incorporated in tne manner fol
lowing, to-wit
Sec 2 Such subordinate or branch
lodge shall cause to be prepared a cer
tificate which shall contain, first, the
charter name and number of such subor
dinate or branch lodge, second, the time
when and the authority by which such
subordinate or or branch lodge was or
ganized, third, the names of the charter
members as they appear on the charter
of such branch or subordinate lodge,
fourth, the location of such subordinate
or branch lodge, fifth, the names of the
elective officers of such subordinate or
branch lodge who hold said offices at the
time of incorporation Such certificate
shall be under the seal of said subordi
nate or branch lodge, and shall be signed
by the presiding officer, secretary and
trustees thereof, and shall be recorded in
the office of the register of deeds of the
county where such subordinate or branch
lodge was organized and meeting at the
time of such incorporation, and shall be
recorded in the office of the secretary of
state.
Sec. 3. Upon the filing for record of
such certificate in the office of the secre
tary of state and the register of deeds,
such subordinate or Dranch lodge of the I
Kathohcko Slovenska Jednota Spo
jenych Statoch Severnej Ameriky, under
its name and number, shall become a
body corporate with full power to
sue and be sued under its corporate name
and in such name to acquire or receive
by purchase gift grant bequest or oth
erwise any property, real, personal or
mixed, and the same to hold, transfer,
sell, mortgage, convey, loan, let or other
wise use in accordance with the laws and
usages of said order
Sec 4 The seal of said subordinate or
branch lodge of the I Katolicka Sloven
ska Jednota Spojenych Statoch Sever
nej Ameriky shall be its corporate seal.
Sec 5 Whenever the charter of any
such subordinate or branch lodge shall
have been surrendered or recalled by the
I. Katolicka Jednota Spojenych Statoch
Severnej Ameriky or whenever by the
constitution said subordinate or branch
lodge shall become defunct, the corpor
ate power of said subordinate or branch
lodge shall cease and terminate except
that such corporation as such shall have
the power to collect debts due it and pay
outstanding claims, and to sell, convey
and dispose of such of its property as is
not destined for and used exclusively by
such branch lodge or by the I Katolicka
Slovenska Jednota Spojenych Statoch
Severenej Ameriky, and such property
and effects of every nature shall be de
livered by them to the I Katolicka Slo
venska Jednota Spojenych Statoch
Severnej Ameriky for its own use and
benefit as the laws of said order shall
determine
Sec 6 This act shall take effect and
be in force from and after its passage
Approved April 10. 1903.
CHAPTER 172S NO 370
AN ACT to legalize bonds heretofore is
sued at any general or special election,
by any incorporated village, purporting
to have been issued pursuant to chapter
200 of the General Laws of the State of
Minnesota for the j-ear 1893, and acts
amendatory thereto.
Be it enacted by the legislature of the
State of Minnesota.
Section 1 That in all cases where the
village council or other similar body in
any village of this state have heretofore
issued the bonds of that village, by vir
tue of any general or special election of
the electors of said village purporting to
authorize the same, to raise money for
the purpose of making erecting and es
tablishing water works in such village,
to be owned and controlled by such vil
lage to supply water for the public and
private use of such village and the in
habitants thereof, purporting to have
been issued or authorized by any general
or special election of the electors of said
village, pursuant to the terms and re
quirements of chapter 200 of the General
Laws of the State of Minnesota for the
year 1893 approved April 10th 1893, and
acts amendatory thereof or otherwise,
which said bonds have been actually ne
gotiated and sold to innocent purchasers,
and such village has actually received
the proceeds thereof, and there were at
least three notices actually gi\en of the
time and place of such general or special
election stating the purpose of such elec
tion to be, among other things, to au
thorize the issuing of such bonds for
such purpose by such lllage council or
other similar body, all as required by said
chapter 200 of the General Laws of the
State of Minnesota for the year 1893. and
that such general or special election was
actually held and a majority of the votes
cast thereat were in favor of the is
suance of such bonds for such purpose,
said general or special election so held is
hereby legalized and made valid and
binding, as though five notices had been
given of the holding of the same as re-,
quired bv chapter 85 of the Laws of the
State of Minnesota for the year 1901, ap
proved March 26th 1901, or otherwise,
and that said bonds so issued, by virtue
of stich general or special election, are
heieby in all respects legalized and made
binding and valid obligations of such vil
lage wmeh has issued the same accord
ing to the terms of said chapter 200 of
th J_,EW of the State of Minnesota for
the yeau 1893, notwithstanding not more
than three notices were given for the
holding of such general or special election
by virtue of wlilch said bonds were is
sued, providing, this act shall not apply
to any suit now pending relative to the
legality of any bonds so issued
Sec 2 This act shall take effect and
be in force from and after its passage.
Approved April 10, 1903
CHAPTER 173S NO. 517
AN ACT to establish and provide for the
maintenance of public librariea and
reading rooms, to create a board of li
brary directors and prescribe their
powers and duties and to repeal cer
tain acts inconsistent herewith
Be it enacted by the legislature of the
State of Minnesota
Section 1 That the city council of any
incorporated city, or village council of
any incorporated village shall have pow
er to establish and maintain a public li
brary and reading room, or either of
them for the use and benefit of tne in
habitants of such city, or village, and, by
ordinance, to set apart for the use and
benefit of such library, real estate or
other public property belonging to the
municipality, and may levy a tax not
exceeding two mills on the dollar annual
ly and in cities of over twenty thousand
(20 000) inhabitants not to exceed one (1)
mill on the dollar arnually on all the
taxable property in the city such tax to
be levied and collected, in like manner,
with other general taxes of said city or
village, and to be known as 'library
fund And the board of directors in this
chapter provided for shall have power, in
their discretion, to admit to the benefit
of such library persons not residing with
in the corporate limits of the city or vil
lage and they shall execute a contract in
writing in the form of a bond, to the vil
lage or city council to be appioved by
the board of directors, conditioned to
make good all damages or loss of books
issued to them, with sufficient sureties,
and covenanting that the person so re
ceiving the benents of the library shall
at all times conform to all the laws rules
and regulations governing the said li
brary And such non-resident patrons
shall pay for such privileges such sums
and at such times as may be by the di
rectors prescribed, into the city or village
treasury, for the use of the said library
Upon petition of fifty freeholding citi
zens in any such city or village the coun
cil of any such city or village shall sub
mit the question of the establishment of
such public library or reading room to
the legal voters of such city or village
at the next annual election held therein,
and if a two-thirds majority of the votes
cast on such question at such election are
favor of the establishment of such
public library or reading room, then the
council of such city or village shall es
tabhsh the same and shall annually ther
after levy for the maintenance of sucn
public library or reading room a tax not
to exceed the rate hereinbefore provided
Whenever any council has heretofore es
tablished a library or reading room, and,
by ordinance, set apart property foi its
use and benefit, its action is hereby con
firmed That any public library or read
ing room or public library and reading
room which has heretofore been estab
lished in any city or village under any
law of this state, and is being maintained
as such by any such city or village is
hereby confirmed and continued in exist
ence and shall hereatter be maintained
and operated under the provisions of this
Sec 2 When any city or village
council shall have decided to establish
and maintain a public library and read
ing room, or either of them, under this
act, the mayor of such city or president
of such village council shall, with the
approval of the city or village council,
proceed to appoint a board of nine direc
tors for the same, cnosen from the citi
zens at large with reference to their fit
ness for such office, and not more than
one member of the city or village council
shall be at any time a member of said
board
Sec 3. Said directors shall hold office,
one-third thereof for one year, one-third
thereof for two years and one-third
thereof for three years from the third
Saturday of July tollowmg their appoint
ment, the term for which each member is
appointed to be specified by the appoint
ing power, and annually thereafter the
mayor of such city or president of such
village shall, before the third Saturday of
July each year, appoint as before three
directors to take the place of the retiring
directors who shall hold office for three
years and until their successors are ap
pointed and qualified Such mayor or
president may, by and with the consent
of the council, remove any diiector foi
misconduct or neglect of duty
Sec 4 Vacancies in the board of di
rectors occasioned by removals, resigna
tions death or otherwise shall be re
ported to the city or village council and
be filled in like manner as original ap
pointments, but appointments to fill va
cancies shall be for the unexpired term.
No directoi shall receive any compensa
tion as such
Sec 5 Said directors shall, immediate
ly after appointment, meet and organize
by the election of one of their number
president, and another of their number
secretary, and by the election of such
officers as they may deem necessary.
And said secretary, before entering upon
the duties of his office, shall be required
to give bond, with sureties, to the satis
faction of and in an amount to be fixed
by said directors.
They shall make and adopt such by
laws, rules and regulations for their own
guidance, and for the government of the
library and reading room, or either of
them, as may be expedient, not incon
sistent with this act.
They shall have the exclusive control
of the expenditure of all moneys collect
ed and placed to the credit of the library
fund and of the construction of any li
brary building, and of the supervision,
care and custody of the grounds, rooms
or buildings constructed, leased or set
apart for that purpose,
Provided, that all moneys received for
such library shall be paid by the county
treasurer to the treasurer of said city or
village who shall deposit the same to the
credit of the library fund, and shall be
kept separate and apart from other
money of said city or village, and shall
be paid out only upon the properly au
thenticated vouchers of the library board.
Said board shall have the power to
lease and provide appropriate rooms for
the use of said library, shall have power
to appoint a suitable librarian and neces
sary assistants, and fix their compensa
tion, and shall also have power to re
move such appointees, and shall in gen
eral carry out the spirit and intent of
this act Said board shall have the
power, when approved by such city or
village council, to purchase ground and
erect thereon a suitable building for the
use of &aid library
Said board, with the consent of the
common council, or other governing body
of any such city or village, duly ex
pressed by resolution or ordinance, may
accept anv conveyance, gift, grant, dona
tion, devise or bequest for library pur
poses, or for the establishment, mainte
nance or enlargement of an art gallery or
museum in connection with such library
which may be given, granted, conveyed,
donated, devised or bequeathed by any
person company or corporation to any
such city or village for library purposes,
and may enter into any agreement with
any such person company or corporation,
or with his or their legal representatives
affecting such gift, grant, donation, be
quest or devise as may be proposed or
imposed concerning the same, subjec*",
however, to the limitations in this act
contained, and any such agreement shall
have the full and binding effect of a^con
tract between such person company or
corporation and such city or village
Sec 6 Directors of all such public li
braries and reading rooms now in office,
by virtue of election or appointment
under existing laws, shall continue in of
fice until the expiration of the terms for
which they were so elected or appointed,
but their successors in office shall be ap
pointed upon expiration of their respect
ive terms of office under the provisions
of this act, and any vacancies occurring
prior to the expiration of the regular
terms of such directors now in office shall
be filled as provided for in this act
Sec 7 Said board of directors shall
make on or before the 31st day of Decem
ber, in each year, a report to the city
or village council stating the amount re
ceived during the past year from taxes
and all other sources, the amount ex
pended and for what purposes the num
ber of books on hand, the number pur
chased, the number loaned, and such
other information as thev may deem of
interest, and shall send one copy of such
report to the Minnesota State Public Li
brary commission
Sec 8 Any and all property given,
granted, conveyed, donated, devised or be
queathed to, and any and all property
purchased or acquired by any such city
or village for the purposes of libraries oi
reading rooms shall vest in and be held
in the name of the city or village in
which such library or reading room is sit
uated, and any conveyance, grant, dona
tion devise, bequest or gift made to or
in the name of any library or library
board shall be deemed and considered as
having been made directly to such city
or -village for libraries and reading rooms
Sec 9. Every library and reading room
established under the provisions of this
act shall be forever free to the use of the
inhabitants of the city or village wherein
the same is located, subject to such rea
sonable rules and regulations as the li
brary board may adopt
Sec 10 All acts and parts of acts in
consistent with the terms of this act are
hereby repealed, provided, however, that
nothing in this act shall be construed to
in any manner repeal any of the pro
visions of chapter 93 of the Laws of Min
nesota for the year 1901, or to in any
manner abrogate or impairny acts, con
tracts or proceedings taken or entered
GENERAL LAWS OF MINNESOTA PASSED AT THE LECxISLATIVE SESSION OF 1903.
into under or pursuant to the terms of
said chapter 93 and provided, further,
that the provisions of this act shall not
apply to cities of a population of over
fifty thousand (50,000) inhabitants, and
all provisions of law with reference to
cities of over fifty thousand (50,000) pop
ulation shall be and remain the same as if
this act had not been passed
Sec 11 This act shall take effect and
be in force from and after its passage
Approved April 10, 1903
CHAPTER 174S NO 392
AN ACT to amend section 45 of chapter
4 of the Laws of Minnesota for 1893 as
amended by chapter 13& of the Laws of
Minnesota for 1895, relating to the reg
ulation of elections
Be it enacted by the legislature of the
State of Minnesota
Section 1 That section 45 of chapter 4
of the laws of Minnesota for 1893, as
amended by chapter 136 of the laws of
1895, be amended so as to read as fol
lows
Sec 45 The secretary of state and
county auditors and city clerks shall re
spectively place upon the several ballots
printed by them the na"ie of each candi
date for office who shall have been nom
inated as hereinbefore provided, and
whose certificate of nomination has been
presented withm the time specified, and
on payment of the fee prescribed by law,
which shall be as follows
For each name tendered to be placed
upon the white ballot fifty dollars to be
received by the secretary of state and
by him paid Into the state treasury
For each name tendered to be placed on
the red ballot five dollars to be received
by the city clerk and by him paid into
the city treasuiy, provided however, that
in incorporated cities of three thousand
inhabitants or less, only two dollars need
be paid for each name tendered to be
placed upon said red ballot
For each name tendered to be placed
upon the blue ballot ten dollars to be
received by the county auditor and by
him paid into the county treasury
Provided however that no fee shall be
required from any person who is a candi
date for any office to which no compen
sation is authorized to be paid
Provided, further, that when any candi
date is nominated for the same office by
more than one political party, the name
of the party by whom he was first nom
inated shall be given the first place fol
lowing his name, and provided, further,
that where the person whose name is to
be placed upon the blue ballot is to be
voted for in more than one county as in
case of members of congress judges of
district courts, etc then the fee shall be
twenty dollais, and shall be divided
among the several counties as nearly
equal as may be and the portion due
each paid at the time and in the manner
provided for single counties
Sec 2 This act shall take effect and
be in force from and after its passage
Approved April 10, 1003
CHAPTER 175 S NO. 393
AN ACT fixing the fees which shall be
chaiged and collected by the sheriffs of
counties having a population ot not less
than seventy-five thousand and not
more than one hundred fifty thousand
for returning summons when parties
can not be found
Be it enacted by the legislature of the
State of Minnesota.
Section 1 That in any county having
a population ot not less than seventy
five thousand and not more than orfe hun
dred fifty thousand, the fees of the sheriff
of such county for making diligent search
and inquiry and returning summons when
parties can not be found, shall be one
dollar ($1 00), without regard to the num
ber of defendants
Sec 2 This act shall take effect and
be in force from and attei its passage.
Appioved April 10. 190.J.
CHAPTER 176-S F. NO. 432
AN ACT to amend section two hundred
and ninety (2(
of the General Stat
utes 1894, relating to the publication of
the Legislativ Manual
Be it enacted by the legislature of the
State of Minnesota
Section 1 Section two hundred and
ninety (290) of the General Statutes 1894,
is hereby amended bv striking out of
said section two hundred and ninety (2%)
the words Jefferson Manual So
that said section two hundred and ninety
(290) shall read as follows.
Section 2J0 It shall be the duty of
the secretary of state to cause to be pre
pared and published foi the use of the
senate and house of representatives, a
book to be denominated, Legislative
Manual, which shall contain the Consti
tution of the United States and the Oi
ganic Act and the Constitution of this
state, rules of order of the senate and
house of representatives of this btate,
joint rules of the seriate and house, lists
of senators and members of the house,
and employees of each house, statistical
and other information of the same de
scription, with that heretofore published
in the legislative manual
Sec 2 All acts or parts of acts in
consistent with the provisions of said sec
tion two hundred and ninety (290) of
General Statutes 1894 are hereby repealed.
Sec 3 This act shall take effect and
be in force from and after its passage.
Approved April 10, 1903.
CHAPTER 177S NO. 119.
AN ACT relating to notaries public and
their powers in certain counties
Be it enacted by the legislature of the
State of Minnesota
Sec 1 That in any county which has
heretofore been detached from another
county of this state, and which has been
newly created and organized, any notary
public residing in such newly cieated and
organized county, who was a resident of
the county from which such new county
was detached and created shall have the
same powers during the unexpired term
of his appointment as such notary public
which he was authorized by law to ex
ercise under the commission issued to
him as a resident of the county from
which said new county was detached and
created, and within which he was orig
inally appointed such notary public, and
all acts heretofore done by any such no
tary public, while residing in said newly
created and organized county, otherwise
in conformity of law, are hereby declared
to be legal and valid and to the same ef
fect as if said notary public had been
originally commissioned such as a resi
dent of said newly created and organized
county
Sec 2 Such notary public so residing
in said newly created and organized coun
ty shall have his commission as such no
tary public recorded by the clerk of the
district court of said newly created and
organized county in which he resides, or
of the county to which said newly cre
ated county is attached for judicial pur
poses, as provided in section two thou
sand two hundred and seventy-two (2272)
of the General Statutes of one thousand
eight hundred and ninety-four (1894), and
when so recorded shall be entitled to the
same certificate of and from the clerk of
said district court as provided in said
section two thousand two hundred and
seventy-two (2272)
Sec 3 Such notaiy public shall also
immediately upon the adoption of this act
provide himself with an official seal as
provided in and in conformity with sec
tion two thousand two hundred and sev
enty (2270) of the General Statutes of one
thousand eight hundred and ninety-four
(1894)
Sec 4 This act shall take effect and
be in force from and after its passage
Approved April 10, 1903
CHAPTER 178S NO 284
AN ACT to amend section eight (8) of
chapter two hundred and fifty-eight
(258) of the General Laws of Minnesota
for the year one thousand nine hundred
and one (1901), being an act entitled
"An act providing for the drainage of
lands in certain cases, prescribing the
powers and duties of county commis
sioners and other officers in the prem
ises and appropriating funds for the
payment ot assessments against state
lands affected thereby and prescribing
penalties for the violation thereof, and
repealing certain acts therein mentioned
and referred to
Be it enacted by the legislature of the
State of Minnesota
Section 1 That section eight (8) of
chapter two hundred and fifty-eight (258)
of the General Laws of Minnesota for the
year one thousand nine hundred and one
(1901), be and the same is hereby amend
ed so as to read as follows
Section 8 "Within three days after the
filing of such report it shall be the duty
of the auditor to call a special meeting of
the board of county commissioners, by
giving to each member thereof not more
than thirty-five days notice, the man
ner provided by law for notifying county
commissioners of special meetings He
shall also cause a notice of the time and
place of such special meeting to be given
to all persons interested by publication
for three successive weeks prior thereto
in a newspaper printed and published in
said county, and by posting, at least three
weeks before such meeting, printed copies
thereof three public places in each
township where the proposed work is lo
cated, and one at the door of the court
house said county, sol the pendency of
said petition and viewers' report, and of
the time and place set for the hearing
thereof, whicii notice shall briefly state
substantially where said ditch com
mences a description of the land through
which it passes, and where it terminates,
together with the names of the owners of
the lands that will be affected thereby,
as the same appears in the reports of the
viewers, and within one week after be
ginning such publication the auditor shall
mail a printed copy of said notice to all
non-residents of the county named In
sucn viewers report as axreeted by sucn
proposed work, wnose aadress is known
to mm, oi can be ascertained by him oy
inquiry at tne county treasurei office,
provmed, that in all cases in which, toi
any cause, said notice snail not oe given,
or in any case said notice shall be legally
detective, the county auditoi shall cau&e
the same to be again given, so tnat tne
petition may be hcaru at another special,
adjourned or regular meeting ox saia
board, wnich will occur more than seven
days after tne expiration of anotner no
tice by like yuoucation, posting and
mailing, as provided in the first instance.
Tovideu, xurthei, tnat whenever any
final order of the board of county com
missioners establishing any ditch in pro
ceedings undei this cnapter and amend
ments tnereto shall have been heretoiore
or snail be hereaiter set aside, annulled or
declared void by any court by reason of a
tailure to give proper notice of tne said
pendency or said petition and viewers' re
port and or the time and place set for the
neanng tneieof, the county auditor, at
any time within one year after the ren
aeung oi such judgment or decision, upon
the application ot any petitioner in such
ease, oi upon being directed by resolution
by the board ot county commissioners,
snail call a special meeting of such board
ot county commissioners ior a rehearing
on such petition and viewers' report, and
shall give notice ot such meeting and re
heaiing in the mannei hereinbefore pro
vided, and at such meeting the said board
ot county commissioners shall proceed to
reconsider such report, shall act upon the
same and maKe findings thereon and may
establish such ditch in contormity witn
the provisions ot said chapter two hun
died and htiy-eight (258) and amend
ments thereto
Sec 2 This act shall take effect and
be in force from and atter its passage.
Approved April 10. 1903
CHAPTER 179S. NO 13.
AN ACT to legalize and validate the de
tective execution of deeds, mortgages
and other instruments, and the record
thereof
Be it enacted by the legislature of the
State of Minnesota
Section 1 That in all cases where
deeds, mortgages or other instruments af
fecting real estate within this state, or
letters of attorney authorizing the same,
have heretoiore been actually recorded in
the office of the register of deeds of the
county where the real estate thereby af
fected was at the time of the making of
such records, or is, situate whether such
deeds were duly or properly admitted to
record or otherwise, all such instruments
and the record thereof are hereby legal
ized and confirmed, and all such records
may nevertheless be read in evidence in
any court within this state ano shall be
received as prima facie evidence of the
contents of the original instruments of
which they purport to be records,
And all such records shall in all re
spects have the same force and effect as
they would have if such original instru
ments at the time that they were so re
corded had been legally entitled to record
and were legally recorded
Sec 2 That duly authenticated copies
of such recoid may be read in evidence
in any court within this state, with the
same effect as the records themselves
afoiesaid
Provided, that nothing in this act shall
be held to apply to any action heretofore
commenced or now pending in any of the
courts of this state
Sec 3. This act shall take effect and
be in force from and after its passage.
Approved April 10, 1903.
CHAPTER 180-S NO 572
AN ACT to fix the time for holding the
general terms of the district court
and for the county of Crow Wing
Be it enacted by the legislature of the
State of Minnesota
Section 1 That the general terms of
the district court in a~d for the county of
Crow Wing and Fifteenth judicial dist-ict
of this state shall hereafter be held in
each yeir as follows On the third Tues
day in May and the second Tuesday in
December
Sec 2 All writs processes, bonds, rec
ognizances, continuances, appeals, no
tices and proceedings had, made, issued
or returnable to the district court afore
said in said county, as fixed by law prioi
to the taking effect of this act, shall be
and the same are hereby made return
able to the terms of said court as the
same are prescribed by this act
Sec 3 All acts and parts of acts incon
sistent with this act are hereby repealed
Sec 4 This act shall take effect and be
force from and after its passage.
Approved April 10, 1903
CHAPTER 181-S NO 339
AN ACT to legalize bonds heietofore ne
gotiated by incorporated villages pur-*
porting to have acted under the author
ity of and pursuant to chapter two hun
dred (200) of the General Laws of Min
nesota for the year one thousand eight
hundred and ninety-three (1893), and all
acts amendatory thereof and supple
mental thereto
Be it enacted by the legislature of the
State of Minnesota
Section 1 That in all cases where the
village council, or other similar body, in
any village of this state, shall have here
tofore negotiated the bonds of such vil
lage for the purpose of acquiring funds
with which to provide a system of light
ing such village for public and private
use, and purporting to be authorized un
der and pursuant to the terms of chapter
two hundred (200) of the General Laws
of Minnesota for the year 1893, approved
April 10, 1893, and all acts amendatoiy
thereof and supplemental thereto, which
bonds have been actually negotiated by
such village, such bonds are hereby in all
respects legalized, notwithstanding the
notice of election on said lond et forth
that the polls would be open from ten
o'clock in the forenoon to two clock
in the afternoon, and notwithstand
ing the poles were opened at ten
clock in the forenoon and closed at two
o'clock in the afternoon, provided only
FirstTha in all other respects the
proceedings relating to the issue and ne
gotiation of said bonds were legal and
within the authority conferred by chapter
200 of the General Laws of Minnesota for
the year 1893, and all acts amendatory
thereof and supplemental thereto
SecondThat nothing herein contained
shall be constructed as legalizing any
bonds now in litigation
Sec 2 This act shall take effect and be
in force from and after its passage.
Approved April 10, 1903
CHAPTER 182S NO 454
AN ACT to limit the term of office of the
field and general officers of the national
guard
Be it enacted by the legislature of the
State of Minnesota
Section 1 That section seventy-three
(73) ot chapter one hundred eighteen
(118), General Laws of eighteen hundred
and ninety-seven (1897) known as the
military code be and the same is hereby
amended by adding thereto the following
"The field and general officers of the
brigade shall hold their office and com
mission respectively, for the period of
ten years from date of their election, and
until their successors have been elected
and commissioned Provided, that noth
ing herein contained shall disqualify an
officer for re-election, and when so re
elected, the fact shall be endorsed on his
original commission
Sec 2 The term of office of all officers
mentioned in this act, who have held
their commissions for ten years or more,
will expire upon the passage of this act
and the election of their successors in ac
cordance with the provisions of the mili
tary code
Sec 3 This act shall take effect and be
in force from and after its passage.
Approved April 10, 1903
CHAPTER 183S NO 566.
AN ACT to amend section eight (8) of
chapter eighty-three (83) of the General
Laws of Minnesota for the year eigh
teen hundred and ninety-seven (1897),
entitled, "An act to provide for the
loaning of the permanent school and
permanent university funds of the state
to any county, school district, city,
town or village in this state, as author
ized by section six (6) of article eight
(8) of the Constitution of the State of
Minnesota
Be it enacted by the legislature of the
State of Minnesota
Section 1 That section eight (8) of
chapter eighty-three (83) of the General
laws of eighteen hundred and ninety
seven (1897), be and the same is hereby
amended so as to read as follows
Section 8 All loans made under the
provisions of this act shall bear interest
at the rate of four (4) per cent per an
num, payable annually, provided, that
county drainage bonds bearing interest at
not less than three (3) per cent per an
num, issued under and pursuant to the
provisions of chapter two hundred fifty
eight (258) of the General Laws of Min
nesota for the year nineteen hundred
and one (1901) or any acts amendatory
thereof, may be purchased direct from
the county issuing the same
All principal and interest shall fall due
on the first day of July of the designated
year, and no principal or interest shall
be payable until such time shall elapse
after making the loan for a tax to be
levied and collected therefor
Sec 2 This act shall take effect and
be force from and after its passage.
Approved April 14, 1903
CHAPTER 184 S NO 75
AN ACT to amend section nine (9) and
section twenty-eight (28) of chapter
three hundred and fi#y-two (352) of the
laws of one thousand eight hundred
and ninety-nine (1899), as amended
sections one (1) and five (5), respect
ively, of chapter one hundred and eigh
ty-nine (189) of the laws of one thou
sand nine hundred and one (1901), ie
lating to certain schools
Be it enacted by the legislature of
State of Minnesota
Section 1 That section nine (9)
chapter three hundred fifty-two (352)
the laws of one thousand eight hundred
and ninety-nine (1899), as amended by
section one (1) of chapter one hundred
and eighty-nine (189) of the laws of one
thousand nine hundred and one (1901),
and the same hereby is amended so as
read as follows
Section 9 The said high school board
shall receive applications from sue
schools for state aid, and shall apportiom
to each of said schools which shall
the
of of
be
such
v,have
this
to
fully complied with the provisions of
act and the rules of the board relating
state high schools and whose applicla- a
tions shall have been approved by tin
board, the sum of one thousand five hu
dred dollars ($1,500), provided, that *the
amount of state aid granted under
provisions of this act shall no
exceed the amount expended for
maintenance of high school work, exclu
sive of the cost of buildings and repairs
thereon, provided further, however, that
in case the amount appropriated and
available under this act for the payment
of aid to such schools shall, in any year,
be insufficient to apportion each of such
state high schools as are entitled thereto
the full amount of one thousand five
hundred dollars ($1 500), then in such case
such amount as is appropriated and av ail
able shall be apportioned pro rata among
all the schools entitled thereto
Sec 2 That section twenty-eight (28)
of chapter three hundred and fifty-two
(352) of the General Laws of one thou
sand eight hundred and ninety-nine (1899)
as amended by section five (5) of chap
ter one hundred eighty-nine (189) of the
laws of one thousand nine hundred and
one (1901), be and the same hereby is
amended so as to read as follows
Section 28. For the purpose of carry
ing out the provisions of this act the
following sums are hereby appropriated
annually, to be paid out of any moneys
In the state treasury not otherwise ap
propriated, viz For aid to state high
schools, the sum of two hundred and sev
teen thousand (217,000) dollars
For aid to state graded schools, the
sum of seventy-nine thousand (79,000)
dollars
For the necessary expenses of the state
high school board and the salaries and
traveling expenses of the high school and
graded school inspectors, in a sum not to
exceed nine thousand five hundred (9 500)
dollars, shall be drawn from the annual
appropriations herein made for high and
graded schools in proportion to the re
spective amounts appropriated to each,
which sum shall become available on the
first (1st) day of August, jn thousand
nine hundred and one (1901)
For aid to state semi-graded schools
the sum of sixty-seven thousand (67 000)
dollars
For aid to state rural schools, the sum
of one hundred thousand (100 000) dol
lars which amounts or so much thereof
as shall be necessary shall be paid on the
warrants of the superintendent of public
Instruction, drawn on the state auditor
Provided, the fiist annual appropriation
herein provided for shall become avail
able August 1st, nineteen hundred and
three (1903), for the school year ending
July thirty-first (31st), nineteen hundred
and three (1903)
Sec 3 This act shall take effect and
be in force from and after its passage
Approved April 14, 1903.
the
lun-
the
case
the
CHAPTER 185 S. NO 214.
AN ACT to authorize cities of not less
than ten thousand and not more than
fifty thousand population to provide
water and light for public use ot the
inhabitants without owning the plant
thcrsfor
Be it enacted by the legislature of the
State of Minnesota
Section 1 That all cities of the Stale
of Minnesota, which now or at any time
hereafter have more than ten thousand
and not more than fifty thousand inhabi
tants, are hereby authorized to provide
water for use of such city for fire
protection, or other public use, and for
private use of its inhabitants, by con
tract with private individuals or private
corporations, if such cities have no wa
ter system of their own, and for that
purpose may contract for such water
supply on such terms and conditions and
for such period, not exceeding thirty
years, as the city council of such cities,
by an affirmative vote thereof, shall de
termine, and may from time to time al
ter, renew or extend anv such contract
that may now be in foice, or hereafter
made by like vote of said city council,
and as a part of such contract may au
thorize the laying, maintaining repair
ing and operation of all water mams, hy
drants, connections and other appliances
in the streets, alleys and other public
places of said city, whether the same
are now laid and in operation or here
after established
Sec 2 That all cities in the State of
Minnesota which now, or at any time
hereafter, have more than ten thousand
and not more than fifty thousand inhabi
tants, are hereby authorized to provide
light, for use of such city or for use of
its inhabitants, by contract with indivi
duals or private corporations, if such
cities have no lighting plant of their
own, and for such purpose may contract
for such light on such terms and condi
tions, and for such period not exceeding
fifteen (15) years, as the city council of
such cities by an affirmative vote thereof
shall determine, and may from time to
time alter, renew, or extend any such
contract that may now be in force or
hereafter made by like vote of said city
council, and as a part of such contract
may authorize the occupation of the
streets alleys, and public streets of the
city with the poles wires and other ap
paratus necessary therefoi
Sec 3 Said cities shall have power to
levy such taxes as^may be required to
pay all sums agreed to be paid bv them
according to any contracts so made but
only such installments as are agreed to
be paid bv said cities under said con
tracts during the current year shall be
considered an indebtedness within the
meaning of any law limiting the amount
of indebtedness that mav be incurred in
any one year by such cities
Sec 4 This act shall take effect and
be in force from and after its passage
Approved April 14, 1903
CHAPTER 186S NO 77
AN ACT relating to the advertising for
bids and the letting of contracts ex
cess of five hundred ($o0U) dollars by
county commissioners in the counties ot
this state having a population of not
more than seventy-five thousand inhab
itants
Be it enacted by the legislature of the
btate ot Minnesota
Section 1 ihe county commissioners of
any county in this state having a popu
lation of not more than seventy-five thou
sand inhabitants shall not make, suffer,
or cause to be made any purchase oi
contract for goods, wares, merchandise or
materials or furniture and iixturts, or
any contract tor any work or labor to be
performed and about the construction,
alteration or repair of any county build
ing, tor or on behalf of their county, the
estimated value or expense of which said
goods, wares, merchandise or materials,
or furniture and fixtures, or work and la
bor shall exceed five hundred dollars,
without first causing at least ten (10)
days notice to be given in a newsp-aper of
general circulation in the county, pub
lishing the official proceedings of the
county commissioners, that proposals
will be received for the purchase or fur
nishing of any such goods, wares, merr
chandise or materials or for the perform
ance of such work and labor for said
county, and said county commissioners
shall make, or cause to be made, such
purchase or contract with the lowest re
sponsible bidder, or in case bids so re
ceived are not satisfactory, they shall re
advertise for new bids
Sec 2 All contracts for such supplies,
materials, goods, wares or merchandise,
or for furniture or fixtures, or for the
performance of any such work or labor,
shall be approved by the board of coun
ty commissioners and signed by the
chairman of such board Any action of
such board of county commissioners, or
of any committee thereof, or of any per
son or persons in violation of the pro
visions of this act, shall be null and void,
as against the county.
Sec. 3 It shall be the duty of the coun
ty commissioners in any such county,
when they have decided what work shall
be done on the roads and bridges of the
county, upon which they are
by law au
thorized to expend county road and
bridge funds, to invite bids .for all such
work, the estimated cost or expense of
which shall exceed five hundred ($500)
dollars, by posting notices for at least
fifteen (15) days prior to the letting of
the contract for the same, in at least
three (3) of the most public places in the
township wherein such work is to be
done, and also by one publication in a
newspaper of general circulation in the
county, publishing the official proceed
ings of the board of county commissi jn
ers, at least ten (10) days previous to
the date when such contracts are to be
awarded, and in case any portion of such
work is within the limits of any incor
porated village, by also posting notices in
three (3) of the most public places in
such village and such notices shall con
tain a brief description of such work,
and shall state the time and place of
awarding the contract for th? same, and 1
n liliM^'
at the time and place mentioned in such,
notice, it shall be the duty of such beard
to let such contract or contracts to the
lowest responsible bidder, who shall in all
cases be required to enter into a written
contract evidencing the same, and said,
board shall require a satisfactoiy bond
for the faithful performance of such con
tract In case bids so received are not
satisfactory to said board of county com
missioners they shall advertise for new
bids In all cases where there jre no
newspapers published in the county, tha
publication of the notices mentioned in
this act in a newspaper shall not be
necessary
Sec 4 In case of an actual and unfore
seen emergency arising from the break
age of machinery located about the court
house in any county, or washouts or
breakage of roads and bridges that can
not be allowed to wait for the time le
quired to advertise for bids as herein ie
quired then such repairs may be made
without advertising for bids, provided
however, such woik is authorized by a
majority of the board of county commis
sioners and such action shall be ratified
and recorded in the official proceedings
of said board at their next meeting
Sec All acts and parts of acts in
consistent with the provisions of this act
are hereby repealed
Sec 6 This act shall take effect and
be in force from and after its passage.
Approved April 14, 1903
CHAPTER 187S NO 360
AN ACT to regulate the manufacture
and sale of amber cane or sorghum sy
rup, to prevent fraud and to preserve
the public health
Be it enacted by the legislature of the
State of Minnesota
Section 1 Any person firm or corpora
tion or any person who, as the *gen of
any firm or corporation, hall srll. offer
or expose for sale, or have in his posses
sion with intent to sell, any syrup made
from amber cane or sorghum that shall
be mixed or adulterated with glucose, or
corn sugar syrup, or any other substance
of any name whatever not natural or nor
mal to amber cane or sorgnum syrup,
shall be guilty of a mlsdeint anor, and
upon conviction be punished by a fine of
not less than twenty five (25) dollars, r.or
more than seventy-five (75^ dollars aid
costs or by imprisonment not te exceed
ninety (90) days.
Provided, that the provisions of this act
shall not apply when each barrel, cask,
keg or other package containing the said!
amber cane or sorghum syrup, that may
be mixed or adulterated -\it any sab
Stance not natural or normal to said
amber cane or sorghum syrup, shall be
labeled with a label printed in the Eng
lish language in plain bold-faced type at
least one-half 0A) inch in length the fol
lowing formula "This amber cane or
sorghum syrup is mixed with the follow
ing substances and none other (Hera
give the name and propoitionite quantitv
of each substance) and following this th
name and address of the manufacturer cf
the mixtuie
Sec 2 It shall be' the duty of the stata
dairy and food commissioner and his as
sistants, experts chemists and egents by
him appointed, to enforce the provisions
of this act
Sec 3 In all prosecutions under 11m
act the costs thereof shall be paid in tho
mannei now provided bv law and FUI
fines shall be paid into the state treasurv
and placed to tho credit ot the state dairy
and food commissionei fund
Sec 4 This act shall take effect and
be in force from and aft i October 1st,
1903
Approved April 14, 1903.
CHAPTER 188-S NO 402
AN ACT to reimburse owners of lnd
damaged by ditches or drains constiu^t
ed under the provisions of hapter two
hundred and fifty eight (258) of the
General Laws of nineteen hundred and
one (1901)
Be it enacted by the legislature of tho
State of Minnesota
Section 1 That whenever any land ad
jacent to any ditch or drain constr icted
under the piovisions of chapter two hun
dred fifty-eight (25b) of the General Laws
of 1901 has been dam iged subsequent to
the construction of such ditch cr drain
by reason ot a part of tho oil being car
ried away by water liowing tTirougn vid
ditch or drain or by the deposit of irth
or any other foreign substiiiee (snow and
ice excepted) on said land and which
damage was not consider^d and included
in the award of the vieweis aopointed in
the proceedings to constnut such ditch or
drain, the ownei ot the land so damaged!
may at any time withm six ,eais after
the completion of tho ditch or drain caus
ing such damage petition the board of
county commissioners of the county
where the land claimed to be dam iged is
situated for the appointment of viewers
to ascertain and report the amount of
such damages, such petition shall stata
the description of the land alleged to have
been damaged, the amount of damage
claimed, the location of the ditch or
drain, the description of th* land found in
the proceedings to constiuct said uiteh
or drain to have been benefited ty its
construction and the names cf the own
ers of the land beneited, as shown by
the last assessment roll
Upon the filing of the petition End a
bond in the sum of one hundred dollars,
conditioned that if it finally be deter
mined that no damages have 1 een sus
tained that are properly allowable under
section one of this act the petitioner will
pay all the expense of the proceediigs
had under the petition it shall bo the
duty of the board of county commission
ers at theii next regular or special meet
ing to appoint three persons who are
qualified under the provisions of section
five (5) of chapter two hundred fty eight
of the General Laws of 1901, /lowers, se
lecting If practicable the same persons as
acted as viewers in the proceedings to
construct the drain or ditch causing the
damage, and the board of county com
missioners shall fix the time .nd place
for the first meeting of the viewers,
which shall be not more than twenty (20
days from the date of their appointment
In case any of the viewers so appointed
shall fail for any cause to qualify the
county auditor shall designate some prop
er person to take his place Each of Paid
viewers before entering upon the duties
of his office shall take and subscribe an
oath that he will faithfully perform his
duty as viewer and file the same In the
office of the county auditor
Upon the appointment of the viewers tha
county auditor shall give notice to par
ties interested and whose lands are liable
to be assessed for the payment of tho
damages claimed by one publication at
least one week before the first meeting of
the viewers in the newspaper in -vhicli
the last delinquent real estate tax list
was published if that paper is still pub
lished in the county and if not in some
legal newspaper printed and publish din
the county and if there is none in some
newspaper published at the dtate capital
stating the date and first meeting of the
viewers, and that any paity interested
may appear at that meeting and at uch
other time and place as the viewers mav
fix, and be heard in relation to the dam
ages and such other matters as the view
ers are authorized to hear and determine,
and proof of the publication if aid no
tice shall ne filed in the office of tha
county auditor prior to the first meeting
of the viewers
Sec 2 The viewers shall meet at the
time and place named by the board oi
countv commissioners foi their first meet
ing and hear such evidence as shall ba
offered by the petitioner or any inter
ested party, and for that purpose theyi
may adjourn their hearing from time to
time and to such places in the county
as they may deem proper and they shall
make a personal examination of the dam
aged premises and inquire into the causa
and amount of damage, and If they find
that any damage contemplated by section
one (1) of this act has been done tha
land described in the petition, they shall
make an award in writing, stating tha
cause and amount of damage and flla
said award in the office of the county}
auditor, and the county auditor shall,
after the time to appeal has expired as
hereinafter provided, if no appeal is tak
en issue an order on the county treasurer
for the amount of such award in favor
of the party entitled thereto, and tha
amount so paid, together with the fees
and expenses of the viewers, shall be as
sessed against the land that was found in
the proceeding to construct the ditch in
question to have been benefited in tha
proportion and manner provided by chap
ter two hundred fifty-eight (258) of the
General Laws of 1901 for the assessment
of benefits
If the viewers find that no damages hava
been sustained that are properly allow
able under the provisions of this act they
shall so report, and the expenses of the
proceeding shall be paid by the petition
er, and on his failure to pay the county
may maintain an action on the bond here
inbefore provided for
Each of the viewers shall receive threa
dollars ($3 00) per day for each day actu
ally and necessarily spent in the perform
ance of his duty as viewer, not exceed
ing Ave days, together with his actual
necessary expenses, an itemized account
thereof to be filed with and audited and
allowed bv the countv auditor, and paid
by the county treasurer on the order of
the county auditor.
Sec 3 Either the board of county com
missioners the petitioners or any party
whose lands are liable to assessment fo*
the damages awarded, if they feel aggriev
ed, may within thirty (30) days after th
filing of the viewers' award appeal to
the district court of the county In which
the proceedings are had Dy serving on
the Darties who have appeared in the pro
ceedings before the viewers and filing

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