The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1913-05-02

the Auditor Of the county in which such town
scription, field notes, and plat, If any, of each
territorial, state and county road running into
his Office. On ' receipt Of such copy the Board
shall file it with the Clerk, who shall record
the in the road ra book Of the
Sec. S. ExTRAoRDfNARY IMPROVE:
MENT OF ROADS.-Whenever it shall seem
advisable and for the general public good, to
Improve any established highway in any town
hard material, or in any other way making
permanent improvement thereon, at an ex-
pense greater than any amount the town or
for, the question of making such improve
ment may be submitted to a vote under the
following conditions: Whenever fifteen ~. or
therein, or occupy the same under the home
stead Or pre-emption laws Of the United States Ie
such Improvement, and for a submission Of
shall Immediately cali meeting Of the Town
Board, who shall make and file an estimate
IN wns Of s s csH ns aas It
ss e5 T ssgss town
Is PROVIDED by BY law at such special town
o'clock a. m. until five o'clock p. m. The
ballot shall contain statement OF the cues,
be yes. Yes ' or no If sixty per cent Of the
vote cast favors the proposition, the Town
Board shall at once contract for the improve
ment.
fBONDs FOR SUCH IMPROVEMENTS
Provide funds for such improvement, the Town
Board shall issue the bonds of the town to an an
amount not exceeding the estimated cost OF
the proposed Improvement, and in no CASEY tx
ceeding, together with the outstanding indebt-
sess s1 Valuation thereof. The bonds so issued
shall bear interest, evidenced by coupons. at
nQv
equal installments, the first Of which shall be-
due and payable not more than eighteen
Said bonds may be sold by the Town Board
at not less than par, and the proceeds shall
manner that other funds are disbursed. for
labor and material for said Improvement: SAID
the County Auditor, who on receiving salts.
factory evidence that the provisions OF law
relating to their issue have. been compiled
with, shall register the same in his office and
Endorse his certificate Of registration on said
bond; and shall thereafter, in due manner
terest and principal Of said bonds as the same
shall accrue. to be collected as other taxes are
Sec. 3d. DRAINAGE OF TOWN ROADS
seer Of ''1 roads shall file with the Town Board
. swamp, bog, other low land. and
that atb 5SSa ;. op szedd'ent tnrd tns
depth DEPTH Of such ditch the termini and general
over which said ditch will pass. the names
Of the owners thereof If known, and that
BILE unless such ditch or bitches are opened
the chairman Of said board shall prepare a
notice, therein fixing time, not less than
thereof, when said board viii meet at place
eaage said ig notice. testher With the a1davit,
to Be filed in the office Of the Town Clerk,
and deliver them to said Town Overseer. Said
Overseer shall personally serve the same upon
each OF such landowners, If residents, Of the
county, and upon the occupants Of such lands
where the owners are not residents or such
county. Such ditch or bitches shan pc pc , ia1d
desire, when it is practicable end can be done
without extra cost. r,o<,r
ED.-The Overseer serving such notice shall
make return thereof to the Town Clerk,
stating the facts and If 1t appears from such
return that the owners Of said lands, or any
Of them, are not residents of the county, and
no occupant resides on the lands then the
clerk shall cause three weeks published no
ficent notice.
Subdivision (3) HEARING AND ASSESS
the Town Board shall examine the road and
premises over which such ditch must pass
and hear any for or agan 4S aay yis
ability of opening such ditch. If 1t deter
mines that 1t is ,expedient and advisable 70
open such ditch, 1t shall assess the amount OF
damages which, in its Judgment, will be Just
land equitable compensation to the owners LOT
ands Ifhe ID ot the rgh enter
land whenever necessary for the purpose OF
cleaning out or repairing It, vol It sha an a dis
advantages, which will accrue to the owner OF
any land through which such ditch may run,
may be determined by agreement between the
owners and the Town Board, and every such
agreement or release Of claim shall be In
Writing. and nled With the Town Clerk.
Subdivision az. ORDER ESTABLISHING
DITCH-APPEAL.-lf on such hearing the
Se1d teh !, and the
Of the general public, it shall make an order
establishing and opening the same therein sd,a
swamp, bog other low land, SO far as is
necessary for the proper construction and
or into the swamp, bog or other low land,
and file said order together with state
ment Of all Its doings in reference TT, thereto Ito.
Town Clerk. who shall copy the same into
a book to be kept by him especially for that
purpose. II not appealed from within ten days
from such filing said determination and order
shall be final ana the Overseer shall proceed
to construct such ditch under the direction Of
any such determination and order. by any
party ggreyed in like r az e. ro the
Board establishing or refusing to establish
q Town Road -
After such ditch has been opened, the Over
seer shall keep the same in good condition
and free from distractions. and for that pur-
pose he may enter upon the lands through
which it passes whenever it becomes neces-
sary.
Subdivision (o. oBsT RUc sa nc
ditch shall be liable in civil action for dou-
BILE the damages assessed for such injury by
the court or jury trying the case, and shall
also be guilty OF q mlSdemeanor
Subdivision %. PAYMENT OF DAM
AGES.-When the amount Of damages to be
paid to the owners Of land taken for such
accordance with the provisions therefor con-
tanned in this act, the Town Board shall pro-
vide for and make payment I'm the manner
Pop laeds 0x fen for .'r pubc road
Sec. 60. SPECIAL DUTIES OF OVER
sEER.-Whenever any public road IN town
the Overseer shall Immediately repair such
road, and render his account therefor 70 the
Town Board
APPEALS FROM c tIHg AND TOWN
Sec g. WHO MAY APPEAL-BOND--
NOTICE OF APPEAL.-:Any person aggrieved
BY any determination Of a County or Town
ell either establishing, altering. or discontinue
ing, or refusing to establish, alter, or discon-
tinue, any public road, or by any award OF
after the filing Of such determination or
award to the district ot court t .o of the
two hundred and fifty dollars, approved by
the Judge by the court commissioner. or
all costs arising from such appeal in case
the determination or award is sustained. and
by service of a notice Of appeal as provided
in the next section.
In case the Town or County Board deter
mines to establish. alter or discontinue road.