The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-17

I IuIlU TOT inc paynlent OF annual interest on
| said bonds. and they are hereby authorized and
| empowered to transfer from the general rev.
| enue fund of the county to such drainage fund
/ any surplus moneys which can be properly ap-
piled for the purposes of this act.
! Sec. H. That section eighteen G8) Of said
| chapter of said act be and the same hereby
| is amended so as to read follows:
| Ste. IS. At the earliest practicable time
| after the letting of the contract for the con-
auditor of each county affected thereby shall
| make in tabular form. a list and statement,
showing the following facts, and in the order
| First-The names of the owners of all lands
| and the names of all public or corporate roads
| or railroads within their respective counties
| benefited by the construction of such proposed
| work as appears from the viewers report, as
| affected by the order Of confirmation Of the
| board or Judge aforesaid.
! Second-The description of said lands as the
! same appears in such report as so affected
| together with the total number of acres in
| each tract, according to the assessment rolls
! on tax lists of such county.
Third-The estimated number of acres bene-
! aforesaid.
| Fourth-The estimated amount of benefits
| ana damages to each of said tracts of land
ana me estimated amount Of benefits and dam
ages TO each public or corporate road or rail-
road as the same appears in such viewer
report, or as changed by the jury court.
Fifth-The amount that each Of said tracts
| of land, and that each of said corporate roads
! or railroads so benefited will be liable for,
and must pay into the treasury Of each coun-
ment of such ditch, which said amount shall
be determined follows:
Said auditor shall make a full statement,
showing the total cost of each ditch, under
each separate petition for such ditch; and each
petition and each ditch located, constructed
and established shall be known and designated
! by number to be given to 1t. Such state
ment shall be headed as follows:
Statement showing cost Of ditch, No ........
!.. Wnom PAID Amount paid For what g Bsid
statement shall be summed up showing in
figures the total cost of each ditch and shall
De attached to and form a part of the state
ment herein provided for. The total cost shall
then be divided by the total estimated benefits
as provided for in subdivision five Of this sec
t1on for the rate of cost on each one dollar
Of benefits the auditor not to be obliged to
carry out and use smaller fraction than
one-tenth of one mill. The amount of esti-
mated benefits to each tract of land and to
each public or corporate road or railroad las
here1nbefore provided for) shall be multiplied
pE Sald rate, and the result set down in the
proper column opposite each of said tracts Of
lands, public or corporate roads or railroads;
and such result so obtained less the amount
OF damages, if any, shall be the amount that
each OF said tracts Of land. public or cor
porate roads or railroads will be liable for on
account of such improvement.
oec. ~. Ihat section nineteen Q9) Of said
chapter Of said act be and the same hereby is
amended SO as to read as follows:
sec. u. Such statement shall then be signed
by the auditor in the presence Of two attesting
witnesses and be duly acknowledged by him
ana shall then be duly filed with and recorded
amount which each tract Of land and each
punlc or corporal road railroad will be
!lable for and the interest thereon. as here
matter provided shall be and remain a lien
on such land public or corporate roads or rail-
roads until fully paid; such payments may be
made as hereinafter provided Such filings
shall be deemed notice to all parties Interested
of the existence of such lien The fee Of such
register of deeds for such recording shall be
pald by the county, on the allowance of the
board Of county commiss ioners and said state
ment. after the same has been recorded shall
be returned to the auditor. to be by him placed
with the other papers relating to such ditch
ana carefully preserved by him.
Sec. Ii. That section twenty-one (2D of
said chapter Of said act be and the same here
by is amended so to read as follows:
Sec. p. The payment of such liens shall be
made to the treasurer of such county as fol-
lows low VIZ: 0ne-tenth of said principal, with
the interest thereon, on or before one % year
from such filing in the register Of deeds office
one-tenth of same on or before two (2) years;
one-tenth of the same before three or
years; one-tenth of the same on or be-
lore four Cd years. one-tenth Of the
same on before five 90 years; one
years. one-tenth of same on or before seven "a
years; one-tenth of same or before eight
~ years; oue-tenth Of same on or before nine
~ years; one-tenth of same on or before ten
00) years, all reckOned from the date of such
filing. On or before the fifteenth day Of No
vember next following such filing, the auditor
shall enter on the tax list of said county the
amount Of such lien then remaining unpaid
against each respective tract Of land subject
notation to secure the successive entry each
year thereafter of the unpaid balance Of such
lien. One-tenth of such tax shall become due
and payable, with accumulated interest there
on at the time and in the manner and be sub
ject to and be collected with like penalties as
all other taxes for said year said tracts in
which such entry was made, and another one
tenth with and as the taxes of each successive
year, until all Is paid When the full amount
OF such lien, with accumulated interest, shall
thus a time be made, the auditor upon
presentation Of a receipt from the treasurer to
that effect shall issue under his hand and
ohclaI seat, certificate of such payment
and the same when recorded in the Office of the
register of deeds, shall release and discharge
such lien Of record.
Sec. Il. That section twenty-five (22) Of
said chapter Of said act be and the same here
by is amended so as to read a. follows
all lands owned by any railroad other cor
poration. benefited by any such ditch, drain,
or water course, shall be liable for such bene-
hts the same as taxable lands
Sec. 10. That section twenty-four (2D of
said chapter of said act be and the same here
by is amended as to read as follows:
Sec. a. The benefits accruing to any munich
pie corporation or to the owners of any cor
porate road or to the owners of any railroad
respectively, by reason Of the improvement of
any public road within the limits of, or con-
Meeting with such municipal corporation, or of
such corporate road, or such railroad by the
construction OF any such ditch, shall be as
sessed levied and enforced as follows: When
ever any public road shall have been found
to be so benefited, the town which is by law
chargeable with the duty Of keeping such road
in repair, shall be assessed the amount of such
benefits in said town accruing to such roads
within said town by reason of such ditch and
the same shall thereupon become a liability
of such town, and shall be due and payable in
ten equal annual installments, beginning on
the first day of June next following the date
OF the entry of the lien against private indi-
V1duals, as herein provided; but If any Of such
lnstallments are not paid within thirty 800
days after its maturity, the amount hereof
with interest, shall be enforced in the same
manner as judgments against the town. When
ever any railroad or the lands of any railroad
company, shall be determined in any such
proceeding to be benefited by any such ditch
such railroad, or the lands of such rail-
road company, so far the same are
legally subject to local assessment, snail be
assessed their just proportion of such benefits
as other lands benefited are assessed, which
assessment shall be collected from the owners
of such railroad or from such railroad COM
pany In the same manner as personal taxes are
collected by law. From the date of the filing
by the county auditor in the Office of the reg
lister of deeds of the statement aforesaid the
amount of such assessment with interest, shall
constitute lien against all the property Of
such owners and railroad company within
such county. Such lien may be foreciosed by
action in the same manner provided by
law for the foreclosure of mortgage liens.
Sec. 1G. That section twenty-seven (2O of
said chapter Of said act be and the same here
by is amended SO as TO read as follows:
Sec. p. All order and notices herein pre-
scribed shall be issued by the auditor or by
the judge as the case may be, and the same
shall be served by the sheriff or other disin-
terested person designated by the auditor or
by the judge, as the may be- and such
sheriff or other person so designated shall be
paid by the county for such services the same
fees as allowed by law for similar serv-
ices
Sec. II. That section twenty-eight of said
chapter Of said act be and the same hereby is
amended so as to read as follows:
Sec. %. The engineer shall receive the
sum of five dollars $500 per day for every
day he is necessarily engaged in performing
the duties required of him by this act and his
actual and necessary expenses incurred in and
about the same. The viewers shall each re-
ceiNe three dollars (S2 0nl nar da,r fn, a,-o,r.