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


said bonds, and they hereby authorized and
empowered to transfer from the general rev.
enue fund of the county to such drainage fund
any surplus moneys which be properly ap-
piled for the purposes of this act.
Sec IL. That section eighteen dS) Of said
is amended so as to read follows:
SIC. 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 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, as 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
on tax lists of such county.
Third-The estimated number of acres bene-
fitted in each tract of said land, as shown
aforesaid
Fourth-The estimated amount Of benefits
and damages to each of said tracts of land
and the estimated amount of benefits and dam
ages TO each public or corporate road rail-
road, as the same appears in such viewers
report, or as changed by the jury or 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-
W IOr the location, construction and establish
ment of such ditch, which said amount shall
be determined follows:
Said auditor shall make 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 ........
10 whom paid A ,;t. Maid For what P gaid
statement shall be summed NJ showing in
hgures the total cost of each ditch and shall
be attached to and form 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
L!on, Ior the rate OF cost on each one dollar
Oh Dement'S, the auditor not to be obliged to
carry out and use a smaller fraction than
one-tenth of one mill. The amount of esti-
mated benefits to each tract of land and to
hereinbefore provided for) shall be multiplied
by said 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 obtained, less the amount
of damages. if any, shall be the amount that
each OF said tracts Of land, public
porate roads or railroads will be liable for on
account of such Improvements
Sec. II That section nineteen 40 Of said
chapter Of said act be and the same hereby is
amended so as to read as follows:
sec. II. Such statement shall then be signe
by the auditor in the presence of two attesting
witnesses and be duly acknowledged by him,
and shall then be duly filed with and recorded
by the register of deeds Of such county The
amount which each tract Of land and each
public or corporate road or railroad will be
liable for, and the interest thereon, as here
matter provided, shall be and remain 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
PAID by the county, on the allowance of the
board OF county commissioners, and said state
ma hoe hna, rSlal -, =
ne returned to the auditor, to be by him placed
win the other papers relating to such ditch,
and carefully preserved by him.
Sec. ID. That section twentv-one (21) of
said chapter of said act be and the same here
by is amended so as to read as follows:
Sec. 81 The payment Of such liens shall be
made to the treasurer of such county, as fol-
lows, viz: One-tenth of said principal with
the interest thereon, on 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 on or before three (3)
years; one-tenth of the same on or be
fore four az years: one-tenth of the
same on before five 90 years; one
tenth of the same or before six co
years. one-tenth of same on or before seven %
years; one-tenth Of same before eight
% years; oue-tenth Of same on or before nine
90 years; one-tenth of same on or before ten
G0) 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
thereto, as tax on said tracts. With a proper
notation to secure the successive entry each
year thereafter Of the unpaid balance Of such
hen. 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 on said tracts in
which such entry 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 accumua ted interest shall
thus, or at one time be made, the auditor upon
presentation Of receipt from the treasurer to
that effect, shall issue under his hand and
official 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 to read follows:
Sec. % All lands owned by this state, and
all lands owned by any railroad other cor
poration benefited by any such ditch, DRAIN
or water course, shall be liable for such bene-
fits the same as taxable lands.
Sec. IS That section twenty-four (2N of
said chapter of said act be and the same here
by is amended to read as follows:
Sec. "a. The benefits accruing to any munich
pie corporation 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
10 De so Denented, 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-
vduals, as herein provided; but if any of such
installments 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 as the same are
legally subject to local assessment, snail be
assessed their just proportion of such benefits
as other lands benefited assessed, which
assessment shall be collected from the owners
of such railroad or from such railroad COM
pany in the same manner 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 a lien against all the property of
! such owners and railroad company within
such county. Such lien may be foreclosed by
action in the same manner as provided by
law for the foreclosure of mortgage liens.
Sec. 1G. That section twenty-seven CD of
! said chapter of said act be and the same here
! by is amended SO to read as follows:
( Sec. q. 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 case may be, and such
! sheriff or other person so designated shall be
/ paid by the county for such services the same
! fees as are allowed by law for similar serv-
| ices
! Sec. II. That section twenty-eghr of said
! chapter of said act be and the same hereby is
amended to read follows:
| Sec. %. The engineer shall receive the
! sum of five dollars $500 per day for every
! day he is necessarily engaged in performing
lYy+;a i-al1 ~
| actual and necessary expenses incurred in and
about the The viewers shall each re-
! ceiNe three dollars lS2 rar dau fo, ever,