St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1913-05-02

IL situated shall furnish a copy OF the de-
scription, field notes, and plat, II any, of each
territorial. state, and county road running into
or through such town, on file or Of record in
shall file it with the Clerk, who shall record
the same in the road record book Of the town.
Such record shall be prima facie evidence OF
the existence of such road as described therein.
Sec. IS. EXTRAORDINARY IMPROVE.
MENT OF RoADs-Whenever it shall seem
improve any established highway in any town
by matchmaking the same, or by using any
hard material. or in any other way making a
pense greater than any amount the town or
county, is authorized. to make appropriation
ment may be submitted to a vote under the
following conditions: Whenever fifteen or
more voters err sa,, such . town !; " who 1s own real tSa estate estate
stead Or presumption. laws Of the United States
or under contract from the State. shall file
such Improvement, and for a submission OF
the same to vote Of the people. said clerk
1 Rnal, im mSa aHai, call aan, a meeting nmS a1s Of Of the sst; ToWp
Improvement. Said clerk shalt submit the
3 DeSf ANNUAL 10 m aee x1!eFe or OF If ea Sc t reSnes st. Ine in
said petition, he shall call a special town
meeting to vote upon 1T. giving notice thereof
meeting the polls shall be open from nine
o'clock a. m. until five o'clock p. m. The
ballot shall contain a statement OF the ques,
tion and the estimated cost, and the vote shall
be yes or mo" II sixty per cent Of the
vote cast favors the proposition, the Town
Board shall at once contract for the improve
inent.
BONDS FOR SUCH IMPROVEMENTS
Provide funds for such improvement, the Town
Board shall issue the bonds Of the town ao to az ~
the proposed Improvement, and In no Ease ex'
%ceeding, together with the outstanding indebt
sansss y Of sns 50T yhere aEs Pr f Sond. Of 50 ei Issued as
shall bear interest, evidenced by coupons. al
q rate not exceeding six tx, per ,e cent per e,e an nm I'm
equal installments, the first Of which shall be-
come due and payable not more than eighteen
s nid'p bonds ds'e may sSi be- sold oil BY the Town Board
at not less than par. and the proceeds shall
Be d,sbursed: by the Town Board; in the same me
labor and material for said Improvement. Sale
bonds shall not be vald until registered with
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 sale
bond; and shall thereafter. in due manner
and season, levy a sufficient tax to pay in
terest and principal Of said bonds az the same
shall accrue. to be collected as other taxes ere
81: s.: DRA1NAen OF T t2y re ROADS, 6s:7.
seer Of roads shall file with the Town Board
his affidavit stating that a road passing
. D's swamp, bog. 80 or other low land, and
that a, t . .h asSsIs1s{ :. Or ep ssSs tasos sss
IV4VAk0 1dllO6s lAc pA0oo6Ao N.
depth OF such ditch, the termini and general
course Of the same; q description ns91 OF the Ian land
eyer which said ditch ditch VIII \ Pass pass, me s,d names thes
such road through such low ground cannot,
without extraordinary expense, BIO made passa-
the chairman OF said board shall prepare a
notice. therein fixing a time. not less than
t six NOT more more t than n sixty 1 aaYs m fsam at the q p lace
to be described in the notice, and personally
examine tho premises. Such chairman shall
cause use said a1aa notice 20 e. together oSfth r. With 18th t Tev aff' elerE'
and deliver them to said Town overseer. Said
each Of such landowners, II residents, Of the
county, and upon the occupants OF such. lands
where the owners are not residents OF such
county. Such ditch or bitches shall be laid
out upon such lines as the owners Of the land
desire. when 1t is practicable and can be done
without extra cost. - ,oeu
ED.-The Overseer serving such notice shall
make a return thereof to the Town Clerk,
stating the facts and If it appears from such
return that the owners OF said lands, or any
Of them, ara not residents of the county, and
no occupant resides on the lands. then the
clerk shall cause three weeks, published no
t!ce to be given. which shall be deemed SUI
fcient notice.
SUBDIVISION {s). HEARING AND ASSESS
MENT.-At the time specified In the notice,
the Town Board shall examine the road and
premises over which such ditch must pass,
end hear any reasons for or against laying
out the same, ana OeISrH1u0 OpOQ QAe " 10
ability of opening such ditch. II it deter.
mines that it is expedient and advisable Il
open such ditch, it shall assess the amount OF
and equitable compensation to the owners, for
the right to open such ditch through their
lands, including the right to enter upon such
cleaning out or repairing 1t. 1t shall also
estimate the advantages. as we'll as the dis
any ianG t,hr Dnash v Maie ac sueh d ditch che may 9s9S run n,
by reason Of such opening. But the damages
may be determined by agreement between the
Writing. ana nled with the Town Clerk:
Subdivision g; ORDER De .,; ESTA haa L Nc
Fuch ditch 10 necessary and for the interest
Of the general public, 1t shall make an orde,
providing for the effectua1 drainage. OF such
swamp, bog or other low land, 30 Tar as Is
Necessary Tor r, the h. l proper Tn, Sans rup. 9hroa aes
ana ale seid order, together with a state
INCLUDING the damages allowed, with the
Town CLERK. yho shall h,n COPY pyna the Sa1 me INT int
from such nl,ns, said determination and orae,
shall be Anal and the overseer shall proceed
to construct such ditch ditch under mer the Inc d faTsn sro q
any such determination and order, by any
party aggr1eved, an like manner as IN thu
Soard 81 .s aPpnsls' i'o or refusing to establish
Subdivision ~. DrcHEs KEPT OPEN
seer shall keep the same in good condition
and free from distractions, and for that pur.
pose he may enter upon the lands through
sary.
p1TcHEs-Any person who shah dam up
ditch shan b liable in a civil action for dou
Bile the damages assessed for such injury BY
the court or jury trying the case and shall
&4I sos az SONY g 5 FAYMEST OF pam y
paid to the owners Of land taken for suc :;
eccordence with the provisions therefor con
tanned In this act, the Town Board shall pro
Tor lands taken for a public road.
SEQ. 60: SPECIAL DUTIES OF OVER
sEER.-Whenever any public road IN q TOW,
the Overseer shall Immediately repair suci
road. and render his account therefor to tn
Town Board.
APPEALS FROM COUNTY AND Town
Geo. 81. WHO MAY APPBAL-BoNDe
E0T an3 d Ds nhnHnn-d Of q c eeu1ay s Or Tow1
Board, or Of a town Board and Village coun
eli. either establishing, altering. or discontinu
damages made by such Town or County Board
may appeal therefrom. within thirty day
after tho fling Of such determination o
award to the district court Of thu
county, by ding with the clerk Of such oour
a bond in the sum Of not less thar
two hundred and fifty dollars, approved b!
the Judge or by the court commissioner O.
auditor Of such county, conditioned to pa,
ali costs arising from such appeal in cas-
the determination or award IS sustained. an
by service Of a notice of appeal as provided
IN the next section.
In case the Town or County Board deter
mines 70 establish, alter or discontinue a road