The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1899-04-29

on which to erect such armories, by the
'lage OF this state, shall be declared in
valid or void on the. grounds that the vii
!afe council I 50 issuing such bonds or Is
Il a their
issuing such orders; but that all bonds
20 issued and all orders so issued for the
n Du1aIosen ing and erection Of such armories
to erect the same shall from and after
such village council had had full power
and authority in all respects to issue such
bonds and orders. -,
SEQ 2. This act shall take effect and
Do IN force from and after it's passage
Approved April Goth, 1899.
CHAPTER 347-s. F. NO. 2s2.
two, % Of chapter Inety-seven q 1S71 Of
the Laws of Minnesota for the year
eighteen dgg hundred and edghty-seven
ton 1893 and section 1894, relating to
county drains, and providing for the
utilizing Of rivers and other natura!
county drains and bitches, and for en-
changing the channels Of natural water
Be 1t enacted by tha Legislature Of tho
State Of Minnesota: -.' -
rs Section ct nhln That sections ono g ana te
hundred and seventy dght (l878), being
secdon seven thousand seven hundred and
the General Statutes of Minnesota for for
eighteen hundred and ninety-four $500,
be and the same is hereby amended so
as to read as follows:
Section 1. That the board Of county
commissioners of any county shall have
power at any session, when the, same
convenience or welfare, or when the same
will be of public benefit or utility, to
cause to he constructed, as hereinafter
water course within said county; and
such ditch, drain, creek, OR other water
course may, IN whole or in part follow
creek or river, whether navigable or not,
and they may, widen, deepen, straighten
and change, the channel of any creek,
whether navig'able, and whether mean
dered Or not, and may confine any such
creek, river or other water course by
ments to its natural or artificial bed as
laid out. Provided, that when in any
such proceedings the waters Of any creek,
river or other water course are diverted
from their natural bed by such artificial
ditch or drain, such ditch o.. drain shall
as nearly as practicable, follow the gen
water course and terminate therein"
missioners shall establish any ditch,
drain or water course, there shall be filed
with the auditor of such county a petit
ton signed by one % Or more of the land
owners whose lands will be liable to be
of the construction Of the same, setting
forth the necessity thereof, with a gen
eral description Of the proposed starting
TONER or petitioners shall give a bond
with good and sufficient freehold sureties.
payable to the county, to be approved
expense, in case the board of commits
sioners shall fail to establish said pro-,
posed ditch, drain or water course; and
said petitioner or petitioners shall file
proof satisfactory to the board of COM
missioners, to whom such petition has
been presented, that at least thirty (3O)
Gays notice thereof has been given be-
such petition Is to be heard, to all own
ers OF and persons occupying any lands
adjacent to, or through which said ditch
is proposed to be constructed, or which
may be affected thereby, Or is sought to
be assessed in carrying out the purposes
Of this act by, the service upon each of
said persons of notice Of the time and
place of hearing of such petition in the
same manner as Is provided by law for
tina service of summons in civil action
pending In the district courts of the state.
Provided, that If service cannot be made
upon any Of such persons, Of which the
return Of the sheriff Of the county, or
to the effect that they have made care
full search and inquiry, and that said per-
s ee tnar Of asa p n s Sd aJ
dence, such notice may be served by
posting the same in three 90 Of the most
public places in the county in which said
ditch Is proposed to be constructed and
by mailing a. copy thereof to each of said
persons not served, addressed to his last
known postoffice address, If the same can
be ascertained by the party posting said
notices. And. when the said board shall
be satisfied that all of the foregoing con-
6itions have been complied with, they
shall either at such session of said board
or at such other time as may be appoint
ed by them (not later than thirty 500
days thereafter) proceed to hear and de-
shall determining that the construction of
such ditch viii be Of public benefit o. or
cept such petition and appoint three ~
resident freeholders of the county not in
terested in the construction Of the pro-
interested therein, as viewers, to meet at
a time and place specified by said board,
preparatory to commencing their duties
as hereinafter specified.
Sec. 3. All acts or pants Of acts in
consistent with this act are hereby re-
Sec. 4. This act shall take effect and be
in force from and after it's passage.
Approved April Goth, 1899.
AN 81. GHA P 71Rx $4s7 =: F F.; NO ss2
Of commission to adjust and deter
mine the claim of the Twin City Jockey
Club, it's successors or assigns against
the State of Minnesota and to appropri-
- ate the necessary money therefor.
Be Ut enacted by the Legislature Of the
State of Minnesota:
two 90 justices Of the supreme court to
be selected or designated by the governor
are constituted a commission whose duty
1t shall be to determine the value of the
permanent improvements made at the
state fair grounds by the said Twin City
Jockey Club, their present value, what
ho mold hxr% w.
state, and to make an award to the Twin
City Jockey Club, it's successors or as
signs, as compensation therefor.
Sec. 2. For the purpose Of determining
the amount to be so awarded the said
commission shall have power, and it shall
be Its duty to take evidence and receive
testimony. both documentary and other
wise Of witnesses under oath, and it shall
be duly authorized and empowered to ad-
minister oaths to any and all Of said wit
nesses
have determined the valua of said i'm
provementS and made such award thereof
1t shall file it's report with the governor,
which shall be deemed to be adjust
ment of said claim and a settlement Of all
claims and demands of whatever nature
by said Twin City Jockey Club. its sue
cessors or assigns against the state,
ments heretofore made at said state fair
grounds, by it. and thereupon the state
auditor shall draw his warrant for the
amount so awarded and determined upon
by said commission as aforesaid, payable
out of any money in the state treasury
not otherwise appropriated. ..
Provided, that before the said money
awarded as herein provided shall be paid
the said Twin City Jockey Club. its sue
cessors or assigns 1t, he or they, as the
case may be, shall convey to the State
Of Minnesota all claims, on account Of
the said permanent improvements afore-
said. as well as all claims or demands
against the State Of Minnesota Of every