The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1905-04-29

| and all lands owned by any railroad or
9ther corporation 1Hs by na any n s1f a
BILE for such benefits the same as taxable
lands.
lars for the year one thousand nine hun
| dred and five and annually thereafter, or
! as much thereof as may be necessary 10
meet all assessments against state lands
| under this act, is hereby appropriated
out of the general revenue fund for that
purpose
| municipal corporation or to the owners
| of any corporate road, or to the owners
Of any railroad, respectively, by reason Of
in e the limits Of or connecting With such
porate road, or such railroad by the con
Whenever any public road shall have
been found to be so benefited, the town
which is by law chargeable with the duty
assessed the amount of such benefits in
said town accruing to such roads within
the same shall thereupon become a liza;
| bility of such town, and shall! be due ana
payable in ten equal annual 1nstallments,
Following the date Of the entry of the lien
against private individuals, as herein pro-
v1ded; but if any Of such installments are
not paid within thirty go days After intd Its
ner as judgments against the town:
any 1' railroad Company. shall be determin:
| ed in any such proceeding to be benehted
by any such ditch, such railroad, or the
| lands of such railroad company, SO far
as the same are legally subject, to local
| assessment, shall 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
$cx- cd INV la IVY
date Of the filing by the county auditor in
the office Of the register of deeds of the
statement aforesaid. the amount Of such
a lien against all the property, Of such
owners and railroad company within such
county; Such lien may be foreclose ID by by
Sec. &c. After the construction
gnGa werk Of t 5he coUnfS
in which the same is, or any part there.
6 in f p4op the spr ana 7P ss Pa5
obstruction and to widen or deepen so as
to answer its purpose and pay for, the
| same of the general revenue fund OF
money to reimburse that fund they are
hereby authorized to apportion and as
sess the. cost thereof upon the lands
removal of distractions, widening or
deepening according to such benefits in
their judgment. They shall make writ,
deliver the same to the auditor Of the
county who shall put the same upon the
| succeeding tax duplicate and 1t shall be
lands - the same. as State and county
| taxes, and be collected in the same man
ner as state and county taxes. The pro
to all works constructed for the purpose
| Of drainage under any law now or mere
| tofore in force in this state except state
| bitches. If they shall be of the opinion
e oaghf fof fo Be- to lands in other
counties, the county commissioners there
Of not less than ten days meet with
| them at a time and place by them APP
pointed and they shall jointly make such
assessments and certificates to the au-
| ditors Of the proper counties. A ma
| jority of such commissioners as attend
any such meeting shall have power to
act and decide any question and to make
the assessments and certificates, and
upon failure Of any commissioner to per
form the work required Of him by this
section after ten days notice in writing
shall be liable for all damages caused by
such failure to. perform his duty, to be
By the pso be Or gy
of a misdemeanor and, upon conviction
thereof, fined not less than ten nor more
than fifty dollars.
struct a ditch extending into or through
part or the whole Of more than one
fRs toS or is to S So Rt It
| probably result in benefit damage, or
both, to lands in an adjoining county or
counties, then In either Of such cases IS the ne
this act shall be addressed and presented
to the judge Of the district court Of the
at ct sa hdh Before Sne Such 9f
ton such petition. shall be filed with the
clerk Of the district court of the county
in which such proceedings are com
| nd C6rt1.
fed by him. shall be filed with the
county auditor of each Of the counties
wherein any Of the lands T.. described ed in
ing may be designated and numbered by
said clerk of the DISTRICT court as fo!-
Sec %. Upon presentation of such pc
tition, the Judge shall fix a time and
place for the preliminary hearing which
this act, in respect of presentation to the
board Of county commissioners, and the
same notice thereof shall be given, save
shall be posted and published IN each
county wherein a. copy Of such petition
shall haye been filed: , 80 49,.
| Judge shall be satisfied that the requi-
site conditions exist, and have been COM
piled with, he shall, by order, direct il, a
ton three (S) Of said chapter, and shall
appoint a competent, and experienced
civil engineer to make a, the same an IAN and
with made and transmitted by the clerk
to such engineer and to the auditor. Of
each county, described in the petition
| The same proceedings shall be taken by
! such engineer as in sections four C4 and
five 90 Of. this act are provided, save
that the filings shall be with such clerk
! Sec 80 AS soon as reasonably posi-
BILE after the filing Of such report, the
| Judge shall make an order appointing
viewers, as provided in section six go Of
aa be s speeed In seeona six
! Is, seven 90 and eight 80 Of this chap
ter, save that the duties therein specified
in respect Of the board Of county ,t, CON- ,a,
judge, and those in respect Of the county
( auditor shall be performed by such clerk;
and that the vewers may be re Of
ton, and that their jurisdiction shall ex-
tend throughout all such counties, and
hat their reports shall be filed with such
Sec. 81. Immediately upon the filing Of
such report, it shall be the duty Of such
clerk to prepare and transmit, forthwith
| Of each Of the counties described in the
| petition, and within three 90 days after
the filing Of such report, to transmit to
| the Judge OF said court a. written notice
Of the iling Of such report. Upon the
make an order fixing the time and place
4sp pef pf Tss nocs
shall be given by the clerk as is provided
in section nine 90. of this chapter in
fy ga f be publshed and posted in each
' Sec. So. At the time and place fixed
for the hearing If the court shall be sat-
according to law, he shall proceed as In
Of this Ghap }Mvs exeHgt d the
| thirteen 49, shall apply to judicial