The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1905-04-29
in all matters and perform all duties re-
quired to be performed by said commits

in all matters and perform all duties re-
quired to be performed by said commits
sion.
Sec. 2 It shall be the duty Of said COM
mission as soon as H f after the
certain the number of acres of low wet
lands belonging to the state that 1t Is
to dfnn in order to make mai
the same is located, and what bitches
and drains it shall be necessary to con-
to Grain a the 9ad an and
bitches Of the size and capacity as they
find necessary, to effectually drain said
lands lane so SO that they will be in fit eondi
alter any ditch heretofore or hereafter
constructed by the state or by it's diree-
drain the lands Originally intended to be
drained by such ditch; and they are
further authorized to determine when,
herein provided shall be done; crowded
that the said commission shall first con-
struct the main bitches or drains they
find most necessary, leaving those where
the necessity for drainage is less press
ing for subsequent construction, and II
the moneys available are not sufficient to
construct all the bitches or drains SAP san
ed to effectually drain the said state
lands. they shall construct as many as as
the money they have at their disposal VIII
of this act the said commissioners snail
have full power to appoint and employ
as many agents and servants as they
find necessary and proper to comply with
the provisions hereof.
Sec. 3. In performing the duties herein
imposed upon them the commission here
and appropriate all necessary land Of
any person or persons, firms or corpora
lions, for the right Of way. for said
that it is $40 found necessary to so take or
appropriate and the said commissioners
are not able to agree on the price to be
for the right of way for the said bitches,
or the damage that will be sustained by
reason of the construction OF SAID dltc n;
commission shall file a petition in the
district court of the county wherein the
land desired is situated, describing the
land they deem necessary. to take for the
construction of said ditch, the name Of
the owner Of the land, If known, to said
commissioners. and if not known, said Pc
t9n sha So state Yen the 1g OF
whose duty it shall be to assess the valu-
alton Of the land so to be taken, and
same, taking into consideration however,
any benefits to the adjoining land of said
owner by reason of the construction OF
The commissioners before entering upon or,
the duties of their office shall sseveEally
take and subscribe an oath to the effect
duties as such commissioners without
partiality, and to the best Of their knowl-
edge and ability, which oath shall be
trict court Of the county in which the
proceedings are pending.
The commissioners shall fix a time and
place for hearing all parties d interested in
tice to the owner thereof, If he Is resi-
dent Of this state, by serving a notice
in writing on him personality son n.y. and II ne ne
publication of said notice In newspaper
printed and published in the county where
the land to be taken is situate: The SAID
mission have determined It necessary to
take certain lands, describing them. for
the purpose of the construction of a ditch
Of dite Cram; or 'oes drai%; Ut that the par
sssn ssss nsss Ss
a 5hs as sss9f the ds%afes for tfns he
land described in such notice, the name
of the owners, If known, and If unknown
place fixed by the commissioners for the
hearing Of the owners as to the value of
the land taken and damages sustained tame by
place fixed in said notice the commission
ers shall hear any evidence offered by
the owners of said land taken and dam
ages sustained, and after hearing the cyl
premises the said commissioners shall
assess and determine the value of the
land taken and the damages sustained by
reason of such taking, stating the value
of each parcel of land and damage sus-
tanned to each piece or parcel OF land
separately, and file the same in the office
less an appeal is taken, as hereinafter
provided, the finding OF said commission
ers shall be conclusive as to the amount
of damages sustained and value of the
mission hereby appointed shall pay the
same to the owner of said land unless
gage or other lien against the land so
taken, in which case the drainage COM
mission shall pay the amount SO found In IN.
the court finds entitled thereto. That
within ten 1O days after the filing of
the report of said commissioners with
Interested in the land taken, or, drain
age commission may appeal to the
district court wherein the proceedings
are pending from the award OF said COM
ties interested in the land taken appeals
he or they shall serve notice in writ
ing on the attorney general stating that
missioners filed in the Office Of the clerk
of the district court, stating the county
in which said award is filed and the date
of filing and the title OF the groceedln as
drainage commission desires to appeal,
they shall cause similar notice to be
on If G9 for
said commissioners. Upon the perfect1ng
Of such appeal. there shall be an action
pending in the district court l to r det th
amount of damages sustained by the
taking Of the same, and shall be tried in
said court in the same manner and be
lions, and either party. may appeal to
v sdt Tor appeals in civil actions:
tie se' three e ae9 tie
struction of the contemplated ditch or
drain, but the drainage commission may
they deem necessary, and commence and
prosecute the work required from and
after the, date Of the filing the petition in
Sec. 5. 1t shall be the duty of the
board Of county commissioners of every
county in which bitches may, be con-
structed pursuant to this act to preserve
such bitches or drains from growth Of
weeds or accumulation Of debris; any
expense thereof shall be paid out of the
general county fund.
be in force from and after its passage.
Approved April 5, 1905.
CHAPTER 1o7-s. F. NO. 279
AN ACT to legalize the action of any
village council in this state which has
heretofore made or agreed to maze an
appropriation out OF the village lulluS
IN aid of building any bridge located
outside Of the corporate limits of such
village.
Be it enacted by the Legislature or the
State of Minnesota:
Section /. That in all cases where any
village council in this state has hereto
nriation out of the village funds in aid
Of building any bridge, which said bridge
is located outside Of the corporate limits
Of said village. and where: said amount
not to exceed the sum Of five hundred
$500 dollars, the action Of said village