St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-05-07
ISL.

IOrce IfCm anu dItSf It's pd>od6S.
Approved April "a, 1889.
1Sl.
n. F. No. I, l59-AN ACT to amend section
one Of chapter ninety-nine Of the General
Laws Of 1888, relating to acknowledge
ments.
Be it enacted by the Legislature Of the State
OF Minnesota:
SECTION L, That section one ~ OF chap.
year A. D. 1883, be and the same is hereby
amended by adding to said section the toll
lowing: Any acknowledgment by or on be-
half Of a corporation made substantially III
the form herein prescribed, shall be prima
facie evidence Of the facts therein reeited
and that such conveyance or instrument was
executed by authority of its board OF direct
Ors or trustees, and that such corporation
was competent and authorized to make such
SEC. 2. This &C. shall take effect and be in
force from and after its passage.
Approved April "a, 1889.
Ise.
H. +. No. l,2s9.-AN ACT to provide for
the draining Of lands in any town In this
state By owners OF lands when the same
cannot be done without affecting the lands
Of others, and to repeal chapter ninety nine
t99) of the General Laws OF A. D. 1887.
Be it enacted by the Legislature Of the State
of Minnesota:
SECTION /. That the supervisors Of any
town in this state are hereby authorized to
lay out OF establish any ditch or drain within
the limits Of such town for the purpose Of
drainage, when the same shall be petlnOned
for by any number of legal voters who own
real estate. or who occupy real estate
under the homestead pre-empfion laws OF the
United States, or under contract from the
state of Minnesota, when the same cannot Do
done without affecting the land of others.
SEC. 2. Whenever any number OF legal
voters, as aforesaid, determine to petition
Az f. Inx-s 4rrfn nv r.
lions of a ditch, they shall canse copy OF
their petition to be posted up in three OF the
most public places Of the town twenty t2o)
days before any action is had IL relation
thereto. Such petition shall describe as near
as possible the course OF such ditch, and
shall give as near as possible the points
where such ditch shall begin and where the
same shall terminate. and Description OF
the lands through which such ditch shall De
proposed to be constructed.
See. 8. Upon receiving such Petition the
supervisors shall, within thirty (3o) days,
make out notice and fix therein time and
place at which they will meet and decide
upon such petition. and shall, at least ten
(10) days previous to such time, cause such
notice to be given to all occupants OF the
land through which such ditch is proposed
to DO constructed, which notice shall be
place Of abode OF each Of said occupants.
proof OF such service, to be made by an affi'
davit Of the supervisors making such notice;
SEC. 4. The supervisors, at the time ana
place fixed in said notice. shall proceed to
said proposed ditch, and shall hear any rea-
sons for or against the laying out or con.
structing Of Che same. and shall decide upon
the application as they deem proper. If they
decide IN favor Of laying 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 them, and shall cause such order,
of q
Of the service of notice, to be fled in the
Office Of the town clerk, who shall note the
time Of fling the same, and. on refusal OF
the supervisors TO Lay out and construct sucn
ditch, they shall note the fact on the back OF
petition and file the same as aforesaid. All Or
ders petitions and af1dayits, together with the
award Of damages shall be made out and
fled within five 90 days after the date OF
the order for laying ont or sonstf T, g suca
such order within thirty 500 days nor unoi
q final decision is had, and not then unless
such order is confirmed; and IN such case the
supervisor shall fail to file such order within
3Wen.y 800 days they shall be deemed 70
have decided against such petition.
SEQ 5. An order laying out or directing
tho construction Of such ditch and copy OF
the record duly verified BY the town clerk
shall be received in all courts as competent
evidence Of the facts therein contained. ana
shall be prima facje evidence Of the regu-
larity Of the proceedings prior 70 the making
OF such order. except in case OF appeal when
an appeal has been taken within Inc ume
limited by this act.
SEC. g. The damages sustained by reason
Of laying out or construction Of such ditch
may be escertained by the agreement OF the
owners and supervisory and unless sue "a
writing release all claim to damages the
same shall be assessed in the manner here1n'
after prescribed before the same is open &c
used: Every agreement OF me owners snaM
forever preclude the owners OF lands from
all further claims for damages not only for
the taking Of land In the construction Ok
such ditch. but also shall preclude the ownss
from any claim for damages By the use o4
such ditch. In case the supervisors ana
the owners Of lands claiming damages can:
not agree. and If the owner OF any lang
through which any such ditch shall Dc iatd
out or constructed is unknown the super.
visors shall, in their award, specify thu
amount of damages awarded by them to all
such owner or owners. giving perfect
description Of such parcel OF land 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 statement OF the amount
of damages SO assessed to each lndIviduai
with the town clerk, who shall note the tune
OF filing the same. The supervisors, in all
cases Of assessing damages, shall estimate
the damages and benefits which such ditch
and the construction thereof will confer on
the CLAIMANTS Tor tne same Us Wen Us tue ulS.
advantages. Any person living on United
States land who has made his declaratory
statement for the same in the proper land
office shall, for The purpose of this act DO
considered the owner OF such land.
Sec. 4. The several acts and provisions OF
the General Statutes OF one thousand, eight
hundred and seyenty-eight (lSIS1 and
tho acts amendatory thereto relating to
appeals from the award of damages III the
LAYING out of highways shall be applicable to
an appeal from award of damages in laying
out or constructing bitches under the pro-
visions of this act and such appeals shall b
conducted under the provisions OF said laws:
Sec 8. Whenever the supervisors shall
have laid out, or authorized the construction
OF said ditch or drain in conformity with the
provisions Of this act the parties petiuoning
therefor shall have full power to construct
such ditch or drain. provided. however, that
before they shall enter upon the lands OF
others to open such ditch or drain the petit
TONERS shall pay, or cause to be paid, such
sums of money as may have been assessed
by the supervisors as damages to the owners
thereof.
SEC 9. That chapter ninety-nine 900 OF
the General Laws of one thousand eight hua.
dred and eighty seven l8SO be and II
hereby repealed.
SEQ. 10. This act shall take effect and b
in force from ard after its passage.
Approved April "a 1889
lSS.
H.F. No. lSlS-AN AIT to amend an aot
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