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ing said report so as totally protect tbe appell ants rights in the premise*, either as to assess ments or damages, and tbe drainage district shall pay the costs of the appeal but if the de-* cision l)c against the appellant judgment shall be render* dismissing the appeal, and that the appellant nay all costs thereof: either party to such appeal to bavM the same right to appeal to the supreme court, as parties iu ordinary civil actions. SEC. 28. The viewers shall receive as com pensation for their services three dollars (#3) per day for the time actually engaged in per forming their duties under this act, and the en gineer employed by said viewers shall receive live dollars (£3) per day for his services. Such compensation to be paid out of the drainage fund of such sub-district upon the order of the board of drainage commissioners. SEC. 29. Upon making and Ulinsr t-lio order confirming the report of the viewers and organ izing such sub-draiuage district, the board of drainage commissioners shall have full power and authority t,o cause to be constructed the drain or drains, ditch or ditches, embankment or embankments specified iu said report, and to cause to be taken the lands shown by said re port to be necessary for the construction of the drain or drains, ditch or ditches, cinbaukment or embankments therein specified and for that purpose shall appoint three suitable persons re Biding in or near such sub-drainage district, supervis es thereof, who shall have lull power anil authority to proceed with the construction of all drains, ditches and embankments specified In said report and to enter upon and take the lands shown therein to be necessary for the con struction of such drains, ditches and embank ment s. SEC. 30. It shall be the duty of the supervis ors of such sub-drainage district to attend to the letting of all contracts for the construction of the work specilied in said report, and to ex ercise a general care ami supervision over lie construction of the same, they shall have the general care and oversight of all drains, ditches and embankments constructed in their sub-drainage district undertlieprovisicnsof this act, and shall perform such other duties as may lit herein prescribed. They shall each take and file with the clerk of the drainage district an oath that they will faithfully perform the du ties of supervisors of such sub-drainage dis trict, and failure to file such oath within ten (lO) days utter notice of their appointment shall be deemed a refusal to serve, and the vacancy shall In- tilled by another appointment. SEC. 31. The supervisors first appointed and qualified shall hold their offices until the second annual meeting of the board of drainage com missioners appointing them, after their appoint ment. and until their successors are appointed and Qualified. SKC. At their annual meeting, to be held on the third Monday in October in each year after the organization of a sub-drainage district or districts, within their drainage district, the board of drainage commissioners shall appoint three supervisors of each sub-drainage district organized under this act within their drainage district, the term of office of the supervisors of which has expired, such supervisors to have the same powers and duties and to be required to quality in the same manner as the supervisors first appointed for said sub-drainage district, and to hold their offices for two years and until their successors are appointed and qualified the board of drainage "commissioners may at any time remove any supervisor within their drainage district whom they are satisfied is incompetent or has been guilty of willful neglect or misconduct in discharging the duties of his office, and in case of such removal shall imme diately lill the vacancy. The supervisors of sub-drainage districts shall receive as compcn Hation for their services two dollars ($2) per day for the time they are actually engaged in the performance of their duties, to be paid out of the drainage fund of their sub-drainage district on the order of the board of drainage commis sioners. SKC. As soon as practicable after any sub draiuage district has been organized and work ordered done therein, and the supervisors there of have been appointed and have qualified, the supervisors of such sub-drainage district shall proceed with the construction of such work which shall be done under contract to be let to the lowest responsible bidder or bidders there for. Before letting such contract they shall ad vertise for bids at least two weeks in some newspaper of general circulation in the county wherein such work is to be done, and if the es timated cost of such work is five thousand dol lars (£5.000) or more also in some newspaper of general circulation published at the capital of the state. In such advertisement they shall name the limit of time within which such work shall be done, having due regard to the season of the year and the extent and general character of the work to be done. They may let the work in separate portions or the whole in one con tract as they may find can be done most ad vantageously. All contracts shall be in writing and shall be in the name of t.ie board of drain age commissioners of the,drainage district, and shall not become or be in force until they have received the approval of at least a majority of Buch drainage commissioners, either by vote in lawful meeting or by an endorsement upon such contract signed by a majority of the commis sioners, and have also been recorded together with all endorsements thereon in the proper drainage record. All contracts shall be for the performance of the work in accordance with the plans and specifications therefor as approved and adopted by the board of drainage commis sioners upon the organization of the sub drainage district, and under the direction of the engineer who laid out the same or such other engineer as the commissioners shall designate for that purpose, and for payment for the whole work upon its proper completion. Provided, that in case more than one month will be re quired for the completion of the work payment may be made upon monthlv estimates of ninety per cent of such estimate in tbe manner herein after provided. SEC. J4. It shall be the duty of the engineer having charge of such work to furnish tbe con tractor or contractors directions for their work, and to make and give them written estimates of their work during its progress when their con tract so provides, and upon its completion to in spect the same, and if be finds it has been per formed in accordance with the plans and speci fications therefor, to give the contractor or con tractors his final estimate certificate in writing to that effect. The contractor or contractors shall present such final estimate or certificate to the supervisors who shall forthwith inspect the work, and if they approve the same, certify such approval by endorsement upon such final esti mate or certificate. Inspection and approval of tiie final estimate or certificate by a majority of the supervisors shall be sufficient. Each monthly estimate shall be approved in the same manner as the final estimate or certificate. Each monthlv estimate when approved as herein provided shall ou presentation to the clerk of the drainage dis trict entitle the contractor or contractors to an order on the treasurer of the drainage district for the amount of the estimate less ten per cent of the same, which shall be held as a reserve or guarantee fund lyitil the final estimate or certificate is presented and the amount of such order shall be endorsed on the es timate. Upon presentation of the final estimate or certificate, the clerk shall take up the same and also monthly estimates made upon such work, and issue to the contractor or contractors an order on the treasurer of the drainage dis trict for the whole amount that shall then re main due upon the same. Upon presentation of said orders the treasurer shall pay the same out of any money in his hands to the credit of such sub-drainage district. In case of any dispute between the contractor or contractors and the engineer, or failure of the supervisors or a ma jority of them to approve any estimate or certi ficate of the engineer, the matter *shall be re ferred to the board of drainage commissioners for settlement. t-Ec. 35. The supervisors of sub-drainage dis tricts shall have the care of all drains, ditches and embankments thift have been constructed by special assessments within their sub-drainage district, shall see that the same are kept in re pair. shall make complaint against and attend to the prosecution of any person or persons in juring or destroying any of the work in their care, and shall see that all drains and ditches in their care are kept open, and that land owners making use of such drains or ditches as outlets for their private drains or ditches do so in a proper manner, and so as not to injure the pub lic drains or ditches. SEC. 30. Between the first and third Mondays of October in each year the supervisors of each fcub-drainage district shad make and file with the clerk of the drainage district oi their county a report of the condition of the draius, ditches and embankments in their care, of all work done during the vear by them upon the same aud the cost thereof, and an estimate of such work and the cost thereof, as in their judgmeut will be required upon the saoife for tbe ensuing year. SEC. 37. At the annual meetiug of the board of drainage commissioners of each drainage dis trict. in whicnoneor more sub-draiuage districts *mve been organized as herein provided, such board shall make a careful estimate of the amount of money that will bo required for the current expenses of such sub-drainage district under their control, and to cover any unpaid ex penses or charges already incurred on account thereof: also to meet the interest on any bonds issued on account of and for the benefit of such sub-drainage district and to provide a sinking fund for the payment of the principal of such bonds, aud shall thereupon make an order direct ng the assessment of the amount of such esti mates upon the lauds subjected to assessment in such sub-drainage district such order shall be in writing and signed by at least a majority of the board, and may be substantially in the "fol lowing form: "The Board of Drainage Commissioners of .. County Drainage District do hereby order and determine that the sum of dollars be levied as a special assessment upon the lands and property sub icted to assessment for bencfi sin Sub-drainage District No of county drainage district. Dated Signed Commissioners." Such order shall be recorded in the drainage record. SEC. 38. The clerk of the board of drainage commissioners shall thereupon make and attach to said order an assessment roll of the sub drainage district to which the order relates such assesssment roll snail contain a description of each tract of land subjected to assessment in such sub-drainage district, the name of the owner if known, its acreage, the percentage of benefit it receives as the same has MM fixed and determined In accordance with the provisions of this act. and the amount of assessment against each tract of laud, as |»cr such iierontage. If any railroad or other property within such sub drainage district is benefited, such assessment roil shall contain the amount that such railroad or oilier property is to be assessed according to the scale of percentage fixed upon the same as hereinbefore provided. Such assessment roll when completed shall be attested bv such clerk and filed iu the office of the county auditor of the county in which sneh drainage district is situated ou or before the first Monday in Novem ber of each year. SKC. 3'J. upon such assessment roll being filed in his office the county auditor of such county shall thereupon enter upon the tax du plicate of the current year against the respective tracts of lands so assessed file amount of such assessment six shown by such assessment roil, and shall enter the assessment against any rail road or other property upon the appropriate tax roll, so that the same may be collected in the mauner urovided by this act. Such assessments entered upon the tax duplicate shall be coilooted and the payment the.cot' enforced in the same manner and a* a part of the total tax assessment levied against each tract of land for that year, and th assessment agaiust any railroad com pany shall be collected from the owner of such railroad in the same manner as personal prop erty taxes are collected from individuals. All such assessments when collected shall be paid over to the treasurer of such drainage district and him credited to the sub-drainage district to which the ame may belong. SEC. 40. As soon as the board of drainage commissioners have organized any sub-draiuage district and ordered work done therein, they shall make a careful estimate of the total ex pense thereof, including the preliminary costs already incurred, the construction of the work ordered, and the cost of the supervision thereof. They shall then order the issuance aud negotia tion of the bonds of their drainage district in an amount equal to the amount of such estimate and teu per cent ot such estimate in addition thereto. In such order they shall fix the time which such bonds shall run, which shall be not less than twenty nor more than thirty years. Such bonds shall bear interest payable annually, at the lowest attainable rate, but in no case shall the interest be at a higher rate than seven per ccnt per annum. Such order aud estimate shall be iu writing, signed by the chairman and attested by the clerk and recorded in the drain age record. SEC. 41. It shall be the duty of the chairman of the board of urainagc commissioners, and the clerk and treasurer of the drainage district, to negotiate all bonds ordered issued as above pro vided. They shall negotiate such bonds if prac ticable within such time as will make the pro ceeds thereof available for the prompt payment for the work on account of which the same are issued. All such bonds shall be issued in the name of the board of drainage commissioners of county drainage district in the State of Minnesota shall specify that they are issued in accordance with the provisions aud pursuant to the authority of this act, naming it bv its title and date of approval, and the num ber of the sub-drainage district on account of which the same are issued, and shall lie signed by the chairman of the board of drainage com missioners and the clerk thereof. Such clerk shall upon signing said bonds enter in the drain age record a description of each bond, its num ber, date, rate of interest, the time when it is payable, and the number of the sub-draiuace district oa account of which it is issued. The treasurer shall on demand pay the interest aud principal of such bouds as the same becomes due and payable, so far as the funds in his hands for that purpose shall permit. All assessments made as herein provided for the pavment of l-he principal or interest or both, shall be used for no other pu. pose until such interest and principal have been naid In full. Aud such bonds shall, so long as the same remain unpaid, be a perpetual lien upon the lands subjected to assessments for benefits under this act in the sub-drainage district on account of which such bonds are issued. And no bond issued under the provisions of this act shall be negotiated or sold for less than its face or par value. Provided, That such bonds Bhallnot be construed to con stitute a lieu on any tract or sub-division of laud to any greater amount than the amount of tbe benefits assessed against such sub-division or tract, pursuant to the provisions of this act. SEC. 42. Whenever the supervisors of any sub-drainage district find that anv ditch, drain, embankment, grade or other work constructed in this district by order of the drainage commis sioners requires material enlargement or exten sion, they shall make a report in writing to the commissioners, setting forth the necessity tor such excensiou or enlargement, and in general terms its extent and character, aud if affecting any lands not already in the sub-drainage district a description ol such lands and the names of the owners of the same with the postoffice address of each so far as they can ascertain the same. Such report when filed with the clerk of the drainage district, shall be treated as a petition lor the performance of the work described therein, and the same proceedings as nearly as may be Bball be had thereon as in case of the petition for the work of which this pro posed enlargement or extension is made, except that should the commissioners order the con struction of such enlargement or extension, such order shall not create a new sub-draiuage dis trict, but instead shall attach the new territory benefited, ir any, to tbe existing sub-drainage district, and shall provide for a separate fund of such sub-drainage district from which the cost of such enlargement or extension shall be paid, and lor separate assessments therefor on the basis of the benefits of such enlargement or extension, in case the benefits are found to vary from those of the origiual work of which the new is an enlargement or extension. SEC. 43. A majority of the board of drainage commissioners shall be competent to perform any ot the duties required of them by this net, but all orders made by them shall be only on the affirmative vote ot the majority of the whole board. SEC. 44. Any person or persons who shall willfully and unlawfully fill up, injure or de stroy any drain, ditch or embankment con structed under the provisions of this act. or shall willfully and unlawfully prevent, hinder or delay the construction of any such drain, ditch or embankment, shall be deemed guiltv of a misde meanor and upon conviction thereof, before any justice of the peace or other court having juris diction, shall be punished by a fine of not less than ten nor more than fifty dollars, or by im prisonment in the couuty jail, not more than ninety days, or both, as the court may de termine. SEC. 45. Sub-drainage districts extending into more than one county may be organized wbeuever this act has been put in operation in all of such counties as provided by section five. In such case the petition for the formation of such sub-drainage district shall be addressed to the commissioners ot tlie drainage district of the county in which the greatest part or the lands to be affected are situated, and shall be signed by a majority of the adult owners of the lands situated in cach of said counties and pro posed to be embraced in snch sub-drainage dis trict.and such commissioners of the drainage district of tbe county in which the greatest part of the lands of the proposed sub-draiuage district are situated, shall have authority to organize such sub-drainage district and to exercise con trol over it to the same extent and in the same manner as in case where the sub-drainage dis trict is all in one county. But copies of all orders in relation to such sub-drainage district shall be filed with the clerk of the drainage dis trict of each of tbe counties into which it ex tends and in making assessments, the lands in cach county shall be put upon separate rolls and reported to the auditor of the respective counties for, collection and payment to the treasurer of the district in which the greatest part of such sub-district is situated. All appeals or suits re lating to such sub-drainage district shall be to and brought in the district court of the countv in which the greatest part of such sub-drainage district lies. SEC. 40. Each drainago district shall be lia ble for any damages which any person or per sons or corporation may sustain, by reason of the negligent or imperfect manner in which anv drain, ditch or embankment is constructed within such drainage district under the provis ions of this act, and such damages may be re covered in an action at law against such drain age district in its corporate name, in a court of competent jurisdiction. Provided, That the amount of the judgment recovered in any such action shall be assessed la the same manner as other assessments herein provided for upon the lauds in the sub-draiuage district in which the cause ot action avose. SEC. 47. If the county auditor, county treas urer, or other county offl.er required to perforin any duties under this act, relating to the levy ing and collecting of assessments, shall neglect or refuse to perform such duties, they may be compelled to perf rm the. same by mandamus, and they shall be liable to any person or persons or corporation for any damage that such persou or persons or corporation ma/ sustain by reason of such neglect or refusal. SEC. 48. The amount of assessments made by the viewers and confirmed bv the board of drainage commissioners, shall be alien upon the lands assessed from the date of the order of the board of drainage commissioners organizing the sub-drainage district, aud such order together with the report of the viewers, shall be notice to all tbe world of the existence of such lien, and this act shall be liberally construed, and such order shall be conclusive that all prior proceed ings were regular aud according to the provis ions of this act. SEC. 41). Any railroad company or other cor poration owning lands or oilier property that will be affected by the organization of any sub drainage districts as provided for in this act, may sign the petition for the organization ot such sub-drainage district, bv such officer or offi cers as are by the charter or by-laws empow ered to make contracts for such railroad com pany or other corporation. .SEC. 50. Whenever the amount of monevin the treasnrv of any drainage district belonging to the sinking fund ot any sub-drainage district is sufficient to warrant tne investment thereof, the board of drainage commissioners shall have power to invest the same in tne bonds of anv county, towuship or school district within the State of Mlunesota, an all interest received from such investment shall be credited to the sinking fund of such sub-drainage district. SKC. 51. No member of the board of drainage commissioners, viewer, engineer or supervisor shall be personally interested in any contract for tne construction ot any work done under the provisions of tbip act, and auy contract in which any such commissioner, viewer, engineer or su pervisor is personally interested, either directly or indirectly at a contractu shall be void, and the contractor or contractors shall forfeit all pay for any work done under such void contract. SEC. 52. This act shall txkc effect and be in force from and after its passage. Approved Match Stli, 18S7. 17. AN ACT to enable the owners of lands to drain und reclaim tliem when tiie same canuot be done without affecting the lands of othsrs. Prescribing the powers and duties of couuty commissioners and other officers in the prem ises. and providing for the repair and enlarge ment ot' sucli drains and repealing certain acts tusrein specified, and declaring an emergency. Be it enacted by the Legislature of the State of Minnesota: SECTION" 1. That the board of county commis sioners of any county shall have power, at any session, when the same shall be conducive to the public health, couvcuieiice or welfare, or when the same will be of public benefit or utility, to cause to be constructed, as hereinafter pro vided, my ditch, drain or water courso within said county. SEC 2. That before the board of commission ers shall establisii any ditch, drain or water course, there shall be filed with tiie auditor of such county a petition signed bv one (I) or more owners whose lands will be li ible to be affected by, or assessed for, the expense of the construction of the same, setting forth the uecessity thereof, with a general description of the proposed starting point, route aud terminus, and such petitioner or petitioners shall give a bond, with good and sufficient freehold sure ties, payable to the county, to be approved by the auditor, conditioned to pay all expense in case the board of commissioners shall tail to es tablish said proposed ditch, drain or water course aud said petitioner or petitioners shall hie proof satisfactory to the board of commis sioners, to whom such petition has been pre sented, that at least thirty (30) days* notice thereof has been given before the sessi'ou of said board, at which such petition is to be heard, by posting up notices in three (3) of tue most pub lic places in each of the towns through which such ditch is proposed to lie located and estab lished. Aud when the said board shall be satis fied that aU of the foregoiug conditions have been complied with, they shall, either at such session of said board, or at such other time as may be appointed by them (not later than thirty (30) days thereafter), proceed to hear and de ter mine such petition: and if such board shall determine that the constructiou of such ditch will be of public benefit or utility, or conducing to the public health, convenience or welfare, they shall accept such petition and appoint three (3) resident freeholders of the county, not interested in tiie construction of the proposed work, and not of kin to any parties ir.teie^ted therein, as viewers, to meet at a time and place specified by said board, preparatory to com mencing their duties as hereinafter specified. SEC. 3. And it. shall be the duty of the aud itor thereupon to issue to said viewers a certi fied copy of the petition and order of the board, who shall proceed, at the time set in said order, with a surveyor, who shall be a civil engiueer, aud shail make an accurate eurvev of the line of said ditch, drain or water course, from its source to its outlet: and they shall cause stakes or monuments to be set along said line, num bered progressively down stream, at each one hundred (100) feet aud they shall make a com putation of the number of cubic yards of earth to be excavated and removed from said ditch, drain or water course, between each of the one hundred (100) foot stakes, and the estimated cost per cubic yard for the removal thereof, and shall sum up the total number of cubic vards of earth to be excavated and removed for the entire length of said ditch, drain or water course, and an estimate of the total cost of lay ing out, establishing and construction of tiie whole work. And they shall, in tabular form, give the depth of cut, width of the bottom, aud width at the top, at the source, outlet, and at cach one hundred (lOO) foot stake or monument of said ditch, drain or water course and they shall specify the time and manner iu which the work shall be done and they shall have power, where they find it necessary, to provide for run ning said ditch under ground, through drain tiles or other materials as thev deem best, by specifying tbe size and kind 'of tile or other material to be used iu such underground work, and shall estimate the cost of the same as a part of the total cost of the work. And they shall file with their report an account of the names of tbe laborers and the time each was employed by them, aud every other item of expense by them incurred in and about said work, aud shall file their reports with the auditor, after having subscribed and sworn to the same. SEC. 4. And the said viewers shall, in tabu lar form, give the names of the owners of each tract ot land to be benefited or damaged, the description of each tract benefited or damaged (said names of owners and descriptions to be the same as appears on the county tax dupli cates of said county), and the total number of acres iu each or said tracts, the estimated num ber of acres in each of said tracts of land to lie benefited or damaged (as the case may be), and the amount that each tract of land will be bene ficed or damaged by the construction of said work. When any ditch, established under this act, drains, either in whole or in part, any public or corporate road, or railroad, or benefits any of such roads, so that the roadbed or traveled track of any such road will be made better by the construction of such ditch, tho viewers •hall estimate the behelits arising therefrom to such roads, roadbeds or railroads, and report said benefits (names of roads, etc., and amounts of benefit to each), as a part of their tabular statcmeut provided for in this section and they shall also report the total estimated benefits, anil also whether or not, in their opinion, the esti mated expense of the construction of such ditch, including the damages awarded therefor, are greater than the utility of the proposed ditch, or that the construction of such ditch is im practicable for any reason, stating the reason why it should not be constructed. SEC. 5. All lands benefited by a public ditch, drain or water course, aud all public or corporate roads, or railroads, so benefited, in whole or in part, shall be assessed in proportion to the bene fits for the construction thereof, whether said ditch passes through said lauds or along or near the line of snch roads or railroads, or not, and the viewers, iu estimating the beuefits to lands, roads or railroads not traversed by said ditch, shall not consider what benefits such lands, roads or railroads will receive after some other ditch or ditches shall be constructed but only the benefits that will be received by reason of the construction of the public ditch, as it affords an outlet for the drainage of snch lands, roads or railroads. SEC. 6. In locating a public ditch, drain or watir course, the viewers may vary from the line described in the petition as they deem best, provided they comineuce the ditch at or near the point described in the petition, and follow down the line therein described as near as practicable. In all cases in which the route proposed is along highways alreadv established, the viewers shall locate the ditch at a sufficient distance from the center of such highway as to admit, of a good road along the central llue thereof the earth taken from the ditch shall be so placed upon the roadway as to form a turnpike, and no nearer to the margin thereof than two (2) feet: but in locating a drain as above the viewers shall not materially depart from the terminal points de scribed in said petition provided, that when there is not sufficient fall iu length iu the route described in the petition to drain the lands ad jacent thereto, they may extend the ditch below the outlet named in the petition far enough, not exceeding one-half Ca) mile, to obtain a sufficient fall and outlet. Aud when it will not be detri mental to the usefulness of the whole work they shall, as far as practicable, locate the ditch ou division liues between lands owned by different persons and they shall, as tar as practicable, avoid* laving the same diagonally across tho lands, bnt they must not sacrifice the general utility of the ditch to avoid diagonal lines. And all persons whose lands may be affected by said ditch may appear before said viewers (and be fore the board of couuty commissioners, at which a hearing may be had on such matter), and fully express their opinions on all matters pertaining thereto. SEC 7. Said viewers may, after having met at the time and place specified in the order issued to them by the auditor, proceed imme diately to perform their said dunes, or adjourn from time to time, as best suits their conven ience, and file their report with the auditor at least four (4) weeks before the next regular or special session of said board of commissioners, held after the lapse of ninety (90) days from the date of the appointment of viewers provided, the water be high, the weather inclement, or by reason of an unavoidable accident, they shall not be coinnelled or required to file their report until at least four (4) weeks before the second (2l) sessiou of said board, to be held as above stated but their report must then state the reason for such postponement. SEC. 8. It shall be the dut of the auditor, on said report being fiied, to cause a notice to be giveu by publication for three (3) successive weeks iu a newspaper printed and published in said county.and by posting printed copies thereof iu three (3) public places in each township where the proposed work is located, and one at the door of the court house iu said county, of the pendency of said petion, and of the time set for the hearing thereof, wliicn notice shall briefly state where said ditch commences at its source, through whoso land it passes, and where it terminates at the outlet, together witii the names of the owners of the lands that will be affected thereby, as the same appears in the re port. of the viewers and at the same time the auditor shall mail a printed copy of said notice to ali non-residents of the couuty interested iu such proposed work, whose address is known to him, or can be ascertaiued by inquiring at the county treasurer's office. SEC. 9. Said board of commissioners, at the time set for tho hearing of said petition (which said hearing inay be adjourned from time to time), shall proceed to hear the same, and if they find tho viewers' report is made in accord ance with the provisions of this act, and they find tiie proposed ditch to be of public utility, or conducive to public health, or of public benefit or convenience, and if they find from the face of the report, and the evidence before them, that tne estimated benefits to be derived from the construction of said work is greater than its total cost, including damages awarded, and that sucli benefits exceed such costs and damages in a sufficient amount to warrant the construction thereof, they may, in their discretion, establish the same as specified in said viewers' report. SEC. 10. Aud when damages arc awarded to any person or persons, or corporations, as pro vided bv this act. the board of commissioners shall order the same to ue paid out of the county treasury on warrants to b« drawn and attested 4 MINNESOTA LAW SUPPLEMENT, CONTAINING THE GENERAL LAWS PASSED DURING SESSION OF 1887—OFFICIAL PUBLICATION. by the auditor and signed by their chairman said warrants to be issued to the person or per sons, or corporations entitled hereto, and to lie dated, and become due aud piyable immedi ately after the letting of the contracts bv the auditor, as hereinafter provided. And in case the proceedings had in relation to tiie laying out or establishing such ditch shall be declared void, and such proceedings set aside and va cated by the judgment of any court prior to the letting of the contract by said auditor, all such warrants shall thereupon become null and void, aud shall be returned to the auditor lor can cellation. SKC. .11. Auy person or corporation aggrieved thereby may appeal from any final order or judg ment of the board of commissioners made iu tiie proceedings, and entered upon their record, determining either of the following matters, viz.: First—Whether said ditch will be conducive to public health, convenience or welfare. Second—Whether the route thereof is prac ticable. Third—Whether the benefit to be derived from the construction of said ditch is greater than the total cost thereof, including damages awarded. Fourth—The' amount of damages allowed to any person, or psrsons, or corporation. Fifth—Whether the estimated benefits to each tract of land and to each public or corporate road or railroad are greater than the actual ben efits to be derived tUerefroin. And the appellant shall file with the county auditor a notice of appeal, which shall briefly state the grounds upon which snch appeal is taken, accompanied by *u appeal bond, with at least two (2) freehold sureties, to be approved by tbe auditor, conditioned tiiat said appellant wiii duly prosecute such appeal, and pay all costs that may be adjudged agaiust liiin in the district court: provided, that such notice of ap peal aud bond appeal shall be filed within thirty (30) days after such i.iial order or judgment of the board of commissioners is made and after the lapse of such thirty (30) days no appeal can be taken. And if an appeal be taken the auditor shall within twenty (20) days after the notice of appeal and appeal ootid is filed, make a complete transcript of the proceedings had before the board of commissioners, and certify the same, together with all the papers filed iu his office pertaining to such proposed work, including the notice of appeal and the appeal bond, to the clerk of the district court. SEC. 12. 1£ more than one (1) party appeal the judjo of the district court mav, in his dis cretion, order the cases to be consolidated and tried together and in such case, tbe rights of each party shall bs separately determined bv tho jury in its verdict. And in all cases of ap peal, provided the action of the commissioners be sustained in whole or in part, the location aud establishment of such ditch shall be or dered by said court, and tbe court shall in said order fix the time when the auditor shail give notice tor the letting of the contracts for the construction of the proposed work. SEC. 13. If no appeal be taken within the time limited the auditor shall sell the jobs of digging and constructing the entire work, iu linear sections of one hundred (100) feet each, each of said sections to be kuowu and numbered by the stake or monument set by the viewers at the foot of cach said section, as shown ou the viewers' report, commencing at the one in cluding tiie outlet, aud thence in suc cession up stream to the one including the sonrce. Aud the auditor shall contract in the name of the county with tho party to whom a section or sections is sold, requiring him to construct the same iu the time and manner set forth in tho report ot the viewers on which the ditch is established, and shall take from him a bond, with two (2) freehold sureties, payable to the couuty, for not less than double the amoun for which the same is sold, to be by said auditor approved, conditioned that said party will faith fully perform and fulfill his contract and pay all damages which may accrue by reason of the failure to complete the work within the time re quired in the contract therefor. And the auditor shall give notice of the letting of such contracts by publication for three (3) successive weeks in the official paper of the county wherein such work is located, of the time when and the piacc where such contracts wiii be let to the lowest responsible bidder or bidders and no bid shall be entertained which exceeds more than thirty (30) per cent over and above the estimated cost of the construction of the part of said work covered by said bid, aud said auditor may adjourn such letting from time to lime until the whole work shall be takcu. SEC. 14. The bond and contract shall consti tute but one paper, aud shall be a printed form, with proper blanks left for filling out the same iu writing, and the description of the work to le done as mentioned in the contract shall be by the number of the section or sections, as pro vided for in section 13. The w.ork to be done aud completed as provided for in the report of the viewers. SEC. 15. A job not completed within the tims fixed in tbe contract and bond shall be resold by the auditor to the lowest responsible bidder, but shall not be sold for a sum exceeding fifty (50) per cent of the estimated value of such work, uor a second time to the same party. A contract and bond shall be entered into as hereinbefore provided but the auditor may, for good cause shown, give further time to any contractor, not exceeding one (1) year. The auditor shall fix a time for the completion of work resold, not ex ceeding six (6) 'months from the dace of the bond. SEC. 16. It shall be the duty of the county surveyor, on being notified by any contractor that his job is completed, to inspect the same and if he finds it completed accordiug to the specifications of the viewers, he shall accept it und give to the contractor a certificate of accept ance, stating that said scction or sections (by number) are completed according to the specifi cations of said ditch, as set forth in the report of the viewers: aud upon the pres entation and surrender of said certificate of acceptance by said contractor to the auditor, the said auditor shall draw a warrant on the couuty treasurer of his county for the full amount found to be due on said contract, aud said order shall be paid out of a general ditch fund, to be provided by the county board of commissioners, as hereinafter specified. And the said order shall become due and payable out of said fund at once, and if there be no cash in said fund to pay said order when the same is presented, the countv treasurer shall endorse on said order, "Not paid for want of funds," and date and sign such endorsement, and the amount of said order shall draw interest at the rate of six (0) per cent per annum until called in by the treasurer or auditor of said county and paid. The fees of the county surveyor, under thi* section, shall be paid him by such con tractor. SEC. 17. The board of county commissioners of each county, wherein such ditch or ditches are proposed to be located aud established, are hereby authorized to issue tiie bonds of said county in such sums as may be necessary for tiie purpose of defraying the expenses incurred or to be incurred in locating, constructing and es tablishing the same, said word 'expenses" to be construed to mean and to cover every item of cost of said ditch, from its inception to its com pletion, and the said counties to be reimbursed as hereinafter provided. Said bonds shall bear interest at a rate not exceeding six (0) per cent, and shall be payable on or before ten (10) years, at the option of said board of commissioners and the said commissioners shall provide for the pavment of annual interest ou said bonds. The bonds issued under the provisions of this act shall be signed by the chairman of the board of countv commissioners of Baid county, and countersigued by the couuty auditor, who shail keep a record of ail bonds issued under the pro visions of this act. The said board shall have the power to negotiate said bonds as they shall deem best for the interest ot said county pro vided, that they shall not negotiate the same at less thau their par value. Ail such bonds shall contain a recital that the same arc issued in ac cordance with the provisions, and pursuant to the authority of this act. Tbe county commis sioners are also hereby authorized and empow ered to transfer from tiie general revenue fund of the county to such drainage fund any surplus moneys that may be in such revenue fuud that can be properly used for the purposos of this act. SEC. IS. Within thirty (30) days after the letting of the contracts for the construction of any ditch, drain or water course, as bereiu provided, the county auditor shall make in tabular form a list aud statement showing the following facts and in the order named, viz: First—The names af the owners of all lands, ami the names ol all public or corporate roads or railroads beuefiteu by the construction of snch proposed work. Second—The descriptiou of said lands, as the same appears in the report of the viewers, to gether with the total number of acres iu each tract accordiug to the assessment rolls or tax lists of the county. Third—The estimated number of acres bene fited in each piece or parcel of Baid lauds, as shown by the viewers' report. Fourth—The estimated amount of benefits to each of said tracts of land, aud the estimated benefits to cach public or corporate road or rail road. as the same appears in tbe viewers' re port, or as changed by the jury in case of ap peal, if any changes are made by such jury. Fifth—The amount that each of said tracts of land, and that each of said public or corporate roads or railroads, so benefited, will be liable for aud innst pay for the location, construction and establishment of such ditch or ditches so bene fiting them, which said amount shali be deter mined by the couuty auditor of said county as follows: The said auditor shall make a full statement showing tne total cost of each ditch or ditches under each separate petition for said ditch or ditches and each petition, and each ditcli located, constructed and established shall be known and designated by a number, to be given It by the county auditor. Such statement shall be headed as follows, viz: Statement showing cost of Ditch No. —. To Whom Paid. For What Paid. Amount Paid. And said statement shall be summed up showing in figures the total coBt of each of such ditch or ditches, and shall be attached to and form a part of the statement herein provided tor. The total cost shall then be divided by the total of esti mated benefits, as provided for in subdivision live (5) of this section, for the rate of cost on each one (1) dollar of benefits, the auditor not to be obliged to carry out and use a smaller frac tion than one (1) tenth of one (1.) mill. The amount of estimated benefits on each tract of land, and on each public ,r cor porate road or railroads (as hereinbefore pro vided for) shall be multiplied by said rate, and the result set down iu tbe proper colurau opposite each of said tractor of lands, public or corporate roads or rail roads. and such results so obtained shail be the amount that each of said tracts ot lands, public or corporate roads or railroads, will be liable to pay for such improvements. SEC. 19. Said statement, as provided for in section 18 of this act, having been completed by the auditor, he shall sign and acknowledge the same before some officer authorized to take acknowledgments, which said signature shall be witnessed by two persons. The said statement shall then be recorded by the register of deeds, and posted upon the abstract books in his office if any such books are tiiere, of the proper county, and the amount that each tract of laud, and the interest t.hereon, as hereinafter provided, public or corporate road or railroad, will be liable to pay, shall be and remain alien ou such lands, public or corporate roads or railroads, until fully paid, said payment to be mad* as herein after provided. And the filing of such state ment in said register of deeds' office shall be notice to all the world of the existence of such lien. And the fee of such register of deeds for such recording shall be paid by the county, on the allowance of the board of county commis sioners, and said statement, alter the same has been recoidcd, shall be returned to the county auditor, to be by him placed with the other papers relating to audi ditch or ditches, and carefully preserved by him. SEC. 20. The amount that each tract of land, public or corporate road or railroad, shall pay tor the location, construction and establishment of any ditch or ditches under the provisions of this act, shall bear interest from the date ot he filing of the auditor's statement in the register of deeds' office at the rate of seven (7) per cent per annum until paid and said interest shall constitute an additional lien on said lands or roads until fully paid, which said inte est, when paid, shall be computed by the auditor. SEC. 21. The paymeuts of snch liens shall be made to the county treasurer of said county by the owners, at auy time, as follows, viz.: One (1) tenth of said principal with the in terest thereon on or liefore one (1) year. One (1) tenth of same on or before two (2) years. One (1) tenth of same on or before three (3) years. One (1) tenth of same on or before four (4) years. One (1) tenth of same on or before five (5) years. One (1) tenth of same on or before six (6) years. One (1) tenth of same on or before seven (7) years. One (1) tenth of same on or before eight (8) years. One (1) tenth of same on or before' nine (9) years. One (1) tenth of same on or before ten (10) years. Provided, that if such payment or payments are not made by the owners before tbe first day of Decern I er next succeeding the date of filing the aforesaid statement iu the office of register of deeds, and before tiie first day of December of each succeeding year, until all of such pay ments shall have been fully paid, ilieu, and iu that case, the auditor shall enter said one (1) tenth payment for said year against the said tract, ot lands on the tax lists of the county, as a tax on said tract, to become due and payable, with tiie accumulated interest thereon, and a penalty of ten (10) percent of such pay ment, aud to be collected as all other taxes are collected for said year ou said lands: provided, that when full payment shall have been made on any tract of land, the auditor shall certify to the lact and the record of such certificate shall re lease and discharge the same of record: pro vided further, that auy persou may pay the full amount of said lien, with accumulated interest, at auy time. SEC. 22. All lands owned by this state, and all lauds owned by auy laud company or railroad company benefited by auy such ditch, drain or water course, 6hall be liable to pay and shall pay for such benefits, the same as owners of taxable lands. SEC. 23. All public or corporate roads or rail roads benefited shall pay the amounts taxed up against them as follows: Whenever anv public highway is benefited by such drain or ditch, the town which is by law charged with the dutv of keeping such highway in repair shall'be assessed with the amount of beuefits accruing to Buch highway in said town by reason of said ditch or drain, and the same shall be paid out of the treasury of such town upon demand of the county auditor and whenever any railroad, or the lands of any railroad company, is benefited by such ditch or drain, such railroad or rail road companv shall be assessed its just propor tions of benefits, the same as other lands bene fited are assessed, which assessments shall be collected from such railroad corporation or com pany in the same manner as personal taxes are collected by law. Or said liens agaiust any such company may be foreclosed by suit in the same manner as provided by law for the foreclosure of mortgage liens upon real estate by action. SEC. 24. Every person or corporation through whose lands any public ditch is constructed shall be required to keep the same open, free and clear of ail obstructions upon his or Its premises, by him or it placed thereon, and in case of a failure to do so, shall be liable to pay all reason able and necessary expenses of removing such obstruction. A person or corporation aggrieved by any such obstruction may make a sworn statement of the facts to the chairu.an of the town supervisors of the town wherein such ob struction exists, who shall proceed to examine the premises and inquire into the truth of the statement and if be find the statement to be true, he shall immediately notify the owner of the land on which such obstruction exists, to remove the same within a reasonable time, not exceeding twenty (20) days: aud if the owners so notified fail to remove the obstruction, the said chairman shall at once cau$c the same to be removed at the expense of such' owner. and cer tify snch expense to the county auditor, who shall place the same, together with all fees and other expenses in the case, on the tax duplicate as an assessment upon the lands of such persou or corporation, and the same shali be alien upon such lands, and shall be collected as other taxes. SEC. 25. After the constructiou of any such work the town supervisors of such township in which the same is, or any part thereof, shall keep the same or such part thereof in proper re pair and free from obstructions, so as to answer its purpose, and pay for the same out of the geueral township fund and to raiqe the neces sary money to reimburse that fuBd thev shall apportion and assess the costs thereof upon the lands which will be benefited by such repairs or removal of obstructions according to such benefits in their judgment. They shall make a statement of such assessment and deliver tbe same to the auditor of the county, who shall put the same upon the succeeding tax duplicate, and it shall be alien upon the lapds, and be col lected in the same manner as efote and countv taxes. The provisions of this section shall also apply to all works constructed for the purpose of drainage under any law now or heretofore in force in this state. If they shall be of the opin ion that snch assessment, or any part thereof, ought to be charged to lands in other townships, the supervisions thereof shall, on request, meet with them at a time and place bv them ap pointed, and they shall jointly make such as sessments and certificates to the auditor of the proper counties. A majority of such supervisors as attend any such meeting shall have power to act and decide any question, and to make the assessments .and certificates and upon fail ure of any township supervisor to perform the work required of him by this section, after ten (10) days' notice in writing to bim by any person interested, he shall be liable for all' damages caused bv such failure to perform hiB duty, to be recovered by .the person or persons so damaged. He shail also be deemed guilty of a midemeanor, and ou conviction thereof fined not less than ten (10) nor more than fifty 150) dollars. SEC. 26. If any person shall willfully ob struct any public ditch, or shall willfully divert the water from its proper channel, he shall be deemed guilty of a misdemeanor, and upon con viction thereof shall be fiued in any sum not less than five ($5) dollars nor more that fiftv ($50) dollars, and shall also be liable for any and ali damages accruing to any person or per sons or corporation by such act. SEC. 27. The orders issued by the auditor to viewers shall be served by tbe sheriff, and he shall be paid bv the couuty for such services tbe same fees as he is allowed by law for similar services. SEC. 28. The surveyor and engineer shall re ceive the sum of four ($4) dollars per day for every day he is necessarily engaged in perform ing tbe duties required of him bv this act the viewers shall receive three ($3) dollars per day for each and every dav they are necessarily en gaged in viewing ditches and making up and filing their reports: each rod man shall receive the sum of two ($2) dollars per day tor each and every day he is employed, and each chain man, ax man, and all other bauds necessary to the prompt execution of the work of locating a public ditch shall be allowed one dollar and fifty [cents] ($1.50) per day for thetime each are actually employed the county auditor of eaeh couuty shall receive compensation for his serv ices under this act as the board of countv com missioners shall determine, and such compensa tion shall be in addition to all sums allowed l»y law at the Time of the passage of this act. The fees per diem and compensation provided for in this act shall ba audited, examined, allowed and paid upon the order of the board of county commissioners. SEC. 29. A majority of the viewers shall be competent to perform the duties required of them by this act. SEC. 30. The word "ditch," as used in this act, shall be held to include a drain or water coursc, and the petition for any public ditch may include any side, lateral, spur or branch ditch necessary to secure the object of tbe im provement. SEC. 31. This act shall be literally construed so as to promote the public health and the drainage and reclamation of wet or overflowed lands. SEC. 32. Every order of the county commis sioners of any county laying out and establish ing any ditch or drain, or in refusing to estab lish the same under the provisions Of (his chap ter, the record thereof or a certified copy of such record shall be prima facie evidence of the facts therein stated, and of the regularity of all the proceedings prior to thfc making of such order. 8EC. 33. That in ali cases where petitions have heretofore been made under tbe provisions of chapter-108 of the Laws of 1883, and acts amendatory thereto, auu viewers have been appointed under such petition, if such view ers have not reported as required bv the pro visions of said act, thev shall proceed in ail matters under such petition, and report in everv particular as required by this act. And in ail caaes where such viewers have reported, or where the county commissioners have acted un der such rejiort in proceedings to establish the ditch or ditches petitioned for, but PO contracts nave been made t'gr digging or constructing the ditcli or drain applied for, the county commis sioners may, at any session thereof held within oue (1) year from the passage of this act, bv an ordei made and eutered upon the minutes of said board, rescind all action taken upon any such petition subsequent to the report of the viewers aud resubmit all matters contained in auy such petition to such viewers, who shall take such action as may Ixj necessary in the premises and conform [to] tlieir report, which shall be made within a reasonable time after such resubmis sion, to the provisions ot this act, and all further proceedings under such report shall be bad as required under a lietition made under the pro visions of this act. In case anv of such viewers are unable to serve, the county commissioners may appoint others in their steadr Provided. That before rescinding any such action, or again resubmitting the matters to the viewers as afore said, tbe couuty commissioners may, in their discretion, require of the petitioners a new bond in such sum as they deem necessary, with suffi cient sureties, to be approved by tiie county auditor, conditioned to pay all expenses already made in the proceedings had for the construc tion of Buch drain, and also all expenses to le made after such resubmission, incase the county commissioners shall fail to lav out aud establish such drain. KEC. 34. All acts and parts of acts inconsist ent with this act are hereby repealed. SEC. 35. This act shall take effect aud be in force from and after its passage. Approved March 2d, 1887. 18. AN ACT to provide for constructing ditches by towus for the purpose of drainage. Be it enacted by the Legislature of the State of Mmue.-ota: SECTION 1. The supervisors of any town may lay out a.id construct a ditch within the limits of such town for tbe purpose of drainage, upon a petition of not less than six legal voters who own real estate or who occupy real estate under .the homestead and pre-einption law of the United States, or under contract lrom the State of Minnesota, within oue miie of the ditch to be so constructed. SEC. 2. Whenever any number of legal voters, as aforesaid, determine to petition the super visors lor the laying out or construction of a ditch they shall cause a copy of their petition to be posted up in thiee of the most public places of the town twenty davs before any action is had in relation theveto. Such petition shall de scribe as near as possible the course of such ditch, and shall give as near a possible the points where such ditcli shall begin and where the same .-liall terminate, and a description of the lauds through which such ditch is proposed to be constructed. SEC. 3. Upeu receiving such petition the supervisors shall.within thirty days, make out. a notice and fix therein a time and place at which they wiil meet and decide upon such pitition, and shall, at least ten days previous to such time, cause such notice to be giveu to all occu pants of the laud through which such ditcti is proposed to be constructed, which notice shall be served personally or by copy left at the usual place ot' abode of each of said occupants, proof of such service to be made by an affidavit ot' tiie supervisor making such service. The supervis ors shall also cause copies ot such notice to be posted in three public places in said town at least ten days previous to such meeting. Kvery such no. iee shall specify as nearly a* practicable the ditch proposed to be laid out or constructed, and the several tracts ot laud through which the same may pass. SEC. 4. The supervisors, at the time aud place fixed in said notice, shall proceed to examiue personally the territory affected by said pro posed ditch, and shall hear any reasons for or against the laying out or constructing of the same, and shall decide upou the application as they deem proper. If they decide in favor of laving out or constructing such ditch they shall make out, or cause to be made out, an accurate description thereof and incorporate the same in an order to be signed by thrm, and shall cause such order, together with all the petitions and affidavits of tue service of tice, to be filed in the office of the town clerk, who shail note the time of filing the same and: on a refusal of the supervisors to lay out and construct such ditch, they shall note the fact on the back of the peti tion and file the same as ^foresaid. All orders, petitions aud affidavit s, together with the award of damages, shall be made out and filed within five days after the date of the order for living out or constructing such ditch, but the town clerk shall not record such order within thirty days nor until a final decision is had, and not then unless such order is confirmed: and, in case the supervisors shall fail to file such order within twenty dayB, they shall be deemed to have de cided against suth petition but if such order is confirmed and such order, together with the award, has been recorded by said town clerk, the same shall be sent by him to the county auditor, who shall file and preserve all such papers thus transmitted to him. SEC. 5. An order laying out or directing the construction of such ditch and a copy of the record duly certified by tbe town clerk shall be received in all courts as competent evidence of the facts therein contained and shall be prima facie evidence of the regularity of the proceed ings prior to tbe making of such order except in case of appeal wheu an appeal has been taken within the time limited by this act. SEC. 0. The damages sustained by reason of laying out or construction of such d.tcli may be ascertained by the agreement of the owners "and supervisors, and unless such agreement is made and the owners shall in writing release all claim to damages the same shall be assessed in the manner hereinafter prescribed before the same is open or used. Eyery agreement of ne owners shall le filed in the town clerk's office, and shall forever preclude the owners of land* trom all further claims for damages, not only for the taking of land in the construction of such ditch, but also shall preclude the owner trom any claim for damages by the use of such ditch. In case the supervisors and the owners of land claiming damages can not agree, or if tbe owner of auy land through which any such ditch shall be laid out or constructed is unknown. the supervisors shall, iu their award, specifv the amount of damages awarded by them to all such owner or owners, giving a perfect descrip tion of such parcel of laud in their award. The supervisors shall assess the damages at what they deem just and right with each individual with whom they cannot agree and deposit a statement of the amount-of damages so assessed to each individual with the town clerk, who snail uote the time of filiug the same. The supervisors, in ail cases of assessing damages, shall estimate the advantages and benefits which such ditch and the construction thereof wiii confer on the claimants lor the same, as well as the disadvantages. Any person living on United States land who has made his declaratory state ment for the same in the pioper land office shall, lor the purpose of this act, be considered the owner of such land. SEC. 7. The several acts and provisions of the General Statutes of 1878, aud the acts amendatory thereto relating to apiieals from lie award of damages in the laving out of highways, shall be appli: able to an appeal trom award of damages in laying out or constructing ditches under the provisions of this act. and such ap peals shall be conducted uuder tbe provisions of said laws. SEC. 8. Whenever the supervisors shall have ordered the laying out or construction of a ditch in conformity with the provisions of this act the same shali be opened and constructed under the direction of the supervisors of such town, the expense thereof to lie paid by the town in which such ditch is situated. Whenever the supervis ors have laid out any ditch in conformity with the provisions of this chapter, and their decis ion has not been appealed from, thev shall have a ruht to go upou any land tlirougii which the same is to be constructed for the purpose of constructing or opening the same. SEC. 9. This act shall take effect and be in force from and after its passage. Approved March 8th, 1887. 19. AN ACT to provide necessary crossings for *the passage ot farm stock and for drainage under railroad tracks. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That whenever a railroad shall hereafter be laid out, opened and fenced, through the farm lands of anv owner of such lands in this state, ieaving parts of such lands on both sides ot such railroad, the said railroad, or persons causing such railroad to be laid out, opened and fenced, shall construct a necessary crossing or crossings, under, over or across such railroad, for the passage of stock to and from snch parts of sufh lands, but such crossiugs shall be so con structed as not to obstruct sucn railroad. SEC. 2. That wherever a railroad is now laid out, opened or fenced, through the farm lands of any such owner thereof, leaving a part of such farm lands on lotti sides of such railroad, such owner .is authorized to construct a crossing under, over or across such railroad for the necessary passage of stock therein: and Whenever auy owner of lands adjacent to ihe right of way of any rail road company finds it necessary to drain the same aud to continue such drain or drains across the right of way of any railroad company, such owner is hereby authorized to construct such drain thromrh the right of way and under the track or trucks of such company but said cross ing and drains shail be constructed at said owner's expense, and in such manner as not to obstruct or impair the public use of said rail road, and after so constructed, the said crossing or crossiugs shall be maintained and kept iu good repair at the expeuse of the owners ot such railroad. In all cases, before constructing such crossing or drain, the owner of tbe land shall Berve upon the railroad company a notice, in the manner provided for serving a summons in a civil action, Stating in detail the work which such owner aesires to peform under the provis ions of this act within sixty days from tbe serv ice of notice the railroad company may do such work at the expense of such owner, and no sucli crossing or drain so constructed shall be opened for the use of such owner until all reasonable and proper expense ot constructing the same shall have bten paid in full. At the expiration of such sixty days, in case tbe railroad eompany fail to do snch work, the owner may construct the same as aforesaid. SEC. 3. This act thall take effect and be i| force from and after its passage. Approved March 7th, 1885. State Institutions, Etc. 20. AN ACT for the relief of honorably dis charged, indigent ex-soldiers, sailors aud ma rines and the widows, minor orphans and de pendent parents of snch deceased soldiers. sailors or marines, and for making an appro priation for the purchase of land and the construction of the necessary building or buildings therefor, for a Soldiers* Home and for maintenance thereof, and providing a rev enue t°.erefor. Be it enacted by tbe Legislature of the State of Minnesota: SECTION 1. That there is hereby established in the State of Minnesota an institution under the uame and stvle of the "Minnesota Soldiers* Home," which shall be under the supervision and manag -ment of a board of trustees herein after provided for. SLC. 2 For the purchase of the sit? and tho ns :e»sary land, which shall include not more than ons hundred and s'xtv (10") acres, and for improving the same r.nd for the construction of a building or buildings thereon for the soldiers" home, and to fir. and furnish the said building or buildings for occupancy and use. there is hereby appropriated out of any moneys in tbe state treasnry not otherwise appropriated, the sum of fifty thousand dollars isGO.OOUl, or so much thereof as shall be necessary: provided, that not more than te.I thousand dollars (.^IU.IHJU) shall bs paid during the fiscal year ending July thirtv-first (31st), one thousand eight hundred and eighty-seven and the balance of said sum out of the tax levy of one thousand eisrht hundred and eight.v-seven ISsi7t. SEC. 3. The object of the soldiers' home shall be to provide a home for all honorably dis charged ex-soldiers, sailors aud nnrines, who served in the army or na^v of the United States during the war of the Rebellion, or tba Mexican war, who now are. or may tiereafter be come citizjus of the Srateof Minnesota, who. by reason of wonnda, disease, old aire or infirmi ties, are unable to earn their living, and who have no adequate means of support: pro vided, that no applicant shall be ad mitted to ihe soldiers' om" who hus uot beeu a resident of the State of Idimiesota for «.ue (1) year, next pre ceding the time of making his application, un less he served in a Minnesota regiment, or was accredited to the State of Mincesot i. Provided further, that all persons who are otherwise entitled untler the provisions of this section to admission to said soidiers" home, who actually served in any campaign against the Indians in Minnesota in eighteen hundred aud sixty-twe (1802), shall be entitled to admission to such soldiers' home notwithstanding such persons w-.-re not regtilany euli?ted. mustered into or discharged from the military service of the United States. SEC. 4. Within thirty (30) days after the pass age of this act the governor, by and with the adv.ee aud consent of tbe senate, shall appoint seven (7) trustees for said soldierV home, not more trian lour i-i) of whom shall be members of the same .litical organization, aud w!to, with their successors and all uflicrs, officials, ap lointees and employes who shall anv time be appointed or employed bv a:iy one uuder the provisions of this act. shall be preferably, hon orably discharged ex-L" iited States s.tldieis, sailors or marines. Saal trustees so appointed shall bold tlieii offices: Three i3 for two (•_') years, two (21 tor lour l) y*ars and two (2) for six (0! years from the firs mday of January, one thousand eigut. hundred and eighty-seven (1887'. and until their successors shall have been duly appointed and qualified as herein be fore provided. Said rtspeciive terms of ffice shall be desiguaed in ilieir several appoint ments. aud the members of id board thereafter appointed shall hold their otlk-e for tne term of six di) years and until th'.- successors art ap pointed and qualified. SKC. 5. Said trustees shall be charged with the duty of selecting and locating the sue of said soldiers' iioine. Siid trustee-shall takeand file in the office of the secretary of s^uie tne fol lowing oath: "I do sol-, mniy swear that 1 will support the constitution ot tno Uuited State*, and of tiie S^atec Minnesota, and will fur h fnlly discharge the duties o: trustee of the '.Min nesota Soldiers'Home'according to the best of my ability that I have not received, aud will nor knowingly and intentionally, directly or in directly, receive any money or other consider ation Jrom anv source wnatever, for anv vote oi influence I may give or withhold, or for any other official act 1 may perform as such trustee." On or before June first. »na thousand eignt hundred and eighty-seven tiSiTi. »r as soon thereafter as practicable, said trustees shall select a site for said soldiers" home at such piac as shall, at the time, be most economical to the state, aud best adapted io the wants of the in stitution. having regard 111 the selection thereof to elevation, sewerage and drainage, an abun dant supply of living water, laciiiiies of access, the quality of the soil, and the price asked foi the land. SEC. 6. The said trustees and their successors shall perform the duties imposed upon them by the provisions o: this act without any compen sation for their services but their ac.ual neces sary expenses, ineide.it to ihe location of s.-id home, and their duties as trustees of the funds hereinafter provid u, shal1 bo paid from said appropriations herein provided for. SEC. 7. The said trustees are herehv author ized and empowered to receive in behalf of the state auy donations of money, personal property or real estate, offered for the purpose of aiding iu the establishment of sucn home: but such donafious shall not alone determine the location of such home at auy particular piace. SEC. 8. The said trustees are directed and re quired to cause to ie prepared suitable plans aud specifications bv a competent archileci,who shall be selected after due competition, but no plan shail lie adopted by the trustees which shall not first have been approved bv the gov ernor. Said p'ans shail be" accompanied bv specifications and by a detailed estimate of the amount, quality, and description of ali material and labor required tor the erection and full com pletion of the building or buildings according to said 1 lans. SEC. "J. Whenever the said plans and specifi cations shall have been approved aud adonted, the trustees shall cause to be dnly published an advertisement or advertisements ior sealed bids for the construction of the building or buildings herein authorized, aud shall furnish a printed copy of this act and of the specifications to all parties applying therefor, and all parties inter ested who may desire ic, sliail have free access to the plans with the privilege of taking notes and making memoranda. SLC. IO. Not less than thirty i30) days after the publication ot said proposals for bid*C on the day and hour 10 be named in said advertisement, at the place where tbe said institution shall be located, in the presence or the bidders, or so many of tlicni as may he present, the bids shall be opened for tue first time and the contract for the building shall be let to the lowest and best bidder: Provided, That no contract shall be made and no exp.-nse incurred for any building or buildings requiring for the coinp et ',011 of the same a greater expense thau is provided for in the appropriation made in this act nor.be fore the appropriations therefir are avail able and, provided further. that no bid shall be accepted which is not accompanied by a good and sufficient bond in the peuai sum of five thousand dollars ($5,000), signed by at least three 3) good aud sufficient sureties, conditioned as a guarantee for the re sponsibility and good faith of tiie bidder, and that he will enter into contiact and give bond as provided iu this act in case his bid is ac cepted. SEC. 11. The contract to be made with the successful bidder shall be accompanied by a good and sufficient bond, to be approved bv the governor berore accepted, conditioned for the faithful performance of his contract: shall pro vide lor the apiKiiutment of a superintendent of construction, who shall receive not more than five dollars ($.r) per day for his services and be paid by the state, and who shall carefully and accurately measure the work done, and the ma terials upon the grounds, at least once a month, and lor the payment of the contractor on the afoiesaid measurement, and for the withhold ing of fifteen (15) per centum of the value of the work done and materials on hand until the com pletion of the building or buildings, and for tbe forfeiture of a stipulated sum per diem for every day that the completion of the work shall be de layed atter the time specified for the comple tion in the contract, and for the full protection of all persons who may turnisli labor or mate rials. bv withholding payment from the con tractor and by paying the parties to whom auy moneys are due for services or materials as aforesaid, directly, for all work done or mate rials furnished by them, in case of notice given to the trustees that any sucli party apprehends or fears that be will not receive all monev due, and for the settlement of all disputed questions as to the value of alterations and extras, by arbitration at the time of final settlement, as follows: One arbitrator to be chosen by the trustees, one by the contractor, and one by the governor of the state, all three of said arbi trators to be practical mechanics and builders and for the power and privilege of the trustees under the contract to order changes in the plans at their discretion, and to refuse to accept any work which may lie done not fnllv in accord ance with the letter and spirit of the plans and specifications and all work not accepted shall be replaced at the expense of the contractor: and for a deduction from tiie current price of all alterations ordered by the trustees which may and do diminish the cost of all buildings. They may also make such other provisions and con ditions in said contract, not herein above speci fied, as may seem to them necessary or expedi ent provided, that no conditions shall be in serted contrary to the letter and spirit of this act,'and that in no cveut shall the state be lia ble for a greater amount of money than is ap propriated for snch building or buildings and its appurtenances, nor prior to the time when by the provisions of this act the appropriations thereto are subject to auditor's warrants. SEC. 12. The said contract shall be signed bv the president of the board ot trustees, on behalf of the board, after a vote authorizing him to so sign shall have been entered upon tbe minutes of the board, and it shall be attested by the signature of the secretary of the board. It shall be drawn in triplicate and one copy of the same shall be deposited in the office of the state auditor. Bsc. 13. All bids shall show the coat of tba work to be done of each