The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-09-23


E1ss any Ssenoa a he ssms passing through his or
ShA< ahs and 70 be creiilsd NIh he same On biz :.
s,essss cosac,s q he eomPsny for such work or as
pay be agreed apoa between The tar'es but All saSh
1npsny Asr engineer q agent asd any default The
pasi the sad owner occupant N time or nAdequAey
70 ssiss ai.sr Or eopiss he same Is hey may deem
Zee. 81 ire owner or owaers Of any lands through
which atroadal;s shar pass and sh0 ,hsl have paid
their theresn, ths N all future time have
d, privilege to make later. drains through any poraon
shall have sneh right without tho consent Of the com
see {. iseaa Be competent for any such company to
lead eoHsyeI their sad. coaduits canals es drains
but bts shall no be cOnirued a. 10 aohoriss
any company 10 dsplete, smply or overflow Asy AXE,
or perssns without her sSn ent sai 30 dram made BY
any saeA C mPany stall be allowed 70 ostrhs~ o. run
LIS r.ees canals 81. be conveyed 10. running
srtAm AXE, river, other aosroing conduit, and eE
cry .ueh company shall be rs.possbis ior AM voi .aon
oi this iD 10 he parties injured hereby the dam
ages De assessed In tie mann hereinAee SET forth
sec Any such cooperation sr company sh ,a. have
a.sd towa village. shene,a psoriY q he osnsrs
OF such lands have eon.en.Sd e ~ .Amt .na s.id com
he purposes a ,her drama % ppust<nA6eN such ~
Of tract throushou lis es,ist nnib. act sseseding 49,
he purposes aud obIsei. Of heir ,ueospofatoa. sa
hoxey.f 70 the pay meni os<ueb es1psnszuon . Ne
acc sinss 10 he manner hereinafter directed and pro
ydsd and The SAID companies sha have The rghto cross
On he aid Or
panies sAAl reste sais road highway stream o. wafer
course 70 disturbed g rs former slate OF IN manner MOI
to impair her usefulness 10 the person or persons occu
', stS .s. rs for any such oenp.n, to
hey shall deem sspe disa nd 70 maze Of wa
purpose and sci Or the right 10 said wafer,
or any part tbereo 70 any person or persons whomso
ever.
sec g. In easeths raising Of The waters, by OF
the dams aforesaid hall damage any land nat owned by
owners thereof IN case the right Of way shml be
sken by such comp Seross any ed or lands with
oa. the consent Of Tho owssr or ownk 70 his or thstr
detrines. damage, or IN case Az sean lake, mrsh
lands shall be depleted, empasd oIern0wed, 10 the
injury of damage Of any person o pefsonA whoatheir
psay hen so i GS, :sSs he o"ns1.
Of any such lands injured or damaged, sAs Uncover
ocea.ionsd By q, passage Of such drains e. conSais
through their lands or by the depeoen, empying,
raising Of hs wsIer, as sforesad, and b maintaining
such c1uduits and dams forever.
Sec TO- such damage shall be determined BY the YER
Diet of Jury acoa brought In any court OF record
having jurisdiction Of civil scous and al the request
Of ether party the jury shall take new Of the premises
sec. II. Ia such action no exemplary or vindicuye
damages shall be allowed but II judgment shall be
dscrsn award 10 the plaintiff IN addition TO
the coseordinary taxable but not exceeding In all dou
sec. u judgment shall be rendered and execution
Issued Ia such action in ordinary aoens for uries
to real estate and such JudgmelL from the time Of
docseng the same shall become ies open the dam Or
dams Of the company, the mills furnished with
thereby, apt their rights and PRIVILEGES In such wsier
power, By "homsoever the same may be owned or pos
sssssd. . -fE
SO. H. Upoa payment and discharge OF any such
judgment the said company companies, or ,nsir ~.
Signs las against the party recovering sech judgment
his heirs aud assigns shall enjoy for the right to
speeding which such judgment rendered and the
remedy provided by this for any sucnpIes lands
or rights as are herein mentioned SHAH pc eseiasys Of
all other remedies OF Whatever nature. 60 sa.
Sec H. Alter the perform by company or as
soca Ion Of persons Of The conditions prrssrlbed
uon shall not be awfu for any other somhAnypr
socspn Of persons. 10 enter IN any manssr ska,svsr
upon the same lands f1r draining purpos9s 70 lapa
break into any conduit constr acted by herxt company
nor 10 drain any lake stream drained or 70 be
drained BY the said first company unless detsn shall
occur, or remain BY c eglect failure tho
pAny t0 commence their opera IONS with ySoe from
NE mag 81 h.lr dscafaion, IN he Office VI he EeatNer
Of Deeds A. specified IN section ~ Of this Act or
subseq Iegt default IN the failure Of said hrsston.
pany u c'mp~ie their Undertaking specified ID their
published derIAratOn Of intention. ia I've yeAfs
from ls,e Of su"h publication but this section ahal not
b" construed 80 As to any nda throuph
out such Taot to dram his own lands meanwhile d such
manner as be may have OlherW legally done. es
sec Is Thl act Ia hereby declared 10 be public aud
general act and may be Amended by any subaeQuent
lrS.istMe no' destroying or mpairnG vested rghis.
Sec 10. All acts ami psF's ui euing The
provisions Of bis act are hereby repealed. A
SECTION l.. TINS Act shall take eirct and be Ia fofce
lr"s AID after Us passage 49,
"s6 RE,oL.r, Speaker Il. aR
w. HsbOssE, Prsst S-n.i-
Approved August the lh'fi eighteen hundred and
my r'shi iissar II. sssLxr.
- = Govsnr
ts'S'l' H.AssS. secr'y Of Sa sss