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decision of the supervisors in the assessment of damages, may appeal to the district court of the county in which the land is situated, and the said court may hear and determine in all matters relating to said assessments; but so much of the decision of the supervisors as relates to the location, width, and depth of said ditch or ditches, shall be final; an appeal bond shall be required as in cases of appeal from justices of the peace, and the same shall be filed with the township clerk, who shall approve it, and immediately thereafter shall certify all the original papers to the clerk of the said district court. (1877, c. 91. § 8.)

*§ 57. Repair of drain, how made. After said drain is completed, it shall be kept in repair under the direction of the supervisors, if the parties can not agree between themselves, and when applied to in writing by any person owning land through which such drain shall run, said supervisors shall examine the same, and may make such orders in regard to the repair thereof and cleansing the same, as they may deem just and equitable, giving the owner of the land reasonable time to make or cause to be made such repairs himself, and if, after the expiration of said time, the work is not done, the supervisors may hire or contract with some other person or persons to do said work, to be assessed and paid according to section seven and thirteen of this act. (Id. § 9.)

*$58. New ditches connecting with drains previously constructed, how made-damages. Whenever any person or persons may desire to drain his or their lands by the construction of a new ditch connecting with a drain previously constructed upon the lands of any other person or persons, he or they shall be entitled to the benefit of the provisions of this act, by the supervisors estimating the benefits that would accrue to, or the damages likely to be sustained by, the person or persons through whose lands the same may pass in order to cominunicate with such old ditch, drain or outlet, and proceedings in such cases shall in all respects be similar to those in this act herein before mentioned: provided, however, that if the volume of water discharged by such new ditch or drain is too great for the old ditch to carry off without causing an overflow of adjoining lands, it shall be the duty of the person or persons constructing such new ditch or drain, to widen, deepen and enlarge the capacity of the old ditch, so as to make it of sufficient size for the flow of such increased volume of water at the ordinary stages thereof; and in case of failure or refusal to do so, for the space of thirty days after the completion of such new ditch, he or they shall be liable from time to time to the owners of land along the line of said old ditch for all damages he or they may sustain in consequence thereof, with ten per cent. thereon, and costs of action, to be recovered by suit in courts having jurisdiction in the county where said ditch or ditches are situated. (Id. § 10.)

* 59. Bridges where drains cross highways. If any drain constructed under this act shall cross a highway, excepting railroads, it shall be bridged at the expense of the applicant or applicants; said bridging to be done in the manner prescribed by the board of town supervisors of said town. (Id. §11.)

*$ 60. Penalty for obstructing drains—damages may be recovered. Any person or persons who shall dam up, obstruct, or in any way injure any ditch or ditches so opened, shall be guilty of a misdemeanor, and upon conviction thereof, be liable to a fine of not less than ten nor more than one hundred dollars, or imprisonment in the county jail for not less than ten nor more than thirty days; and any person or persons so obstructing, or in any manner injuring any ditch or ditches constructed under this act, or existing previously, shall be further liable to the person or persons owning or possessing the swamp, marsh, or wet lands, for the draining of which such ditch or ditches shall have been opened, in double the amount of damages that shall be awarded in any competent court; and in case of a second, or other subsequent offence, by the same person, treble such damages. (Id. § 12.)

* 61. Compensation of supervisors, clerks, etc.-costs. Township supervisors shall receive for their duties under this act one dollar and fifty cents per day, and the town clerk shall receive for filing each application the sum of twenty-five cents. The surveyor, when employed, shall receive the fees prescribed by law for like duties performed by him. The register of deeds shall receive the usual filing fee for all papers filed in his office under this act. The supervisors shall assess the entire costs of all proceedings under this act, proportionately upon the person or persons benefited in each instance, and shall make the same a part of their schedule, as provided for in section three of this act; but said supervisors may, at their discretion, require the cost to be paid in advance by the party making the application. (1877, c. 91, § 13.)

*§ 62. Clerk to file copy of papers. The town clerk shall, upon the completion of any ditch in his town, constructed under this act, or upon the repairing of any where the services of the supervisors are required, make and file with the register of deeds of his county, a copy of all papers appertaining to each individual ditch; provision for the lawful fees for same shall be made by the supervisors in their assessment for costs. (Id. § 14.)

*§ 63. Ditches, etc., for furnishing water power. Any person desiring to construct ditches or canals from any lake, for the purpose of creating or increasing any water power, may do so under this act, and shall be governed by its provisions. (1866, c. 27, § 14.)

CULTIVATION OF TIMBER AND HEDGES.

*§ 64. Annual appropriation to encourage growing of timber, etc. That for the purpose of encouraging the growing or cultivation of timber and live hedge fences in this state, there shall be annually appropriated, out of any moneys in the treasury belonging to the general revenue fund, not otherwise appropriated, the sum of three hundred dollars. (1867, c. 32. § 1.)*

*8 65. Same-at disposal of state agricultural society. That the said sum is hereby placed at the disposal of the state agricultural society of this state, for the payment of premiums for the best five acres of cultivated timber, or continuous half mile of live hedge fence, or a less amount if deemed necessary; provided, that the said society shall make such classifications and regulations as may be deemed most expedient to encourage the largest competition, and all awards of premiums made under this act shall be impartial. (Id. § 2.)

*§ 66. To apply to timber subsequently grown-one first class premium only allowed. That the provisions of this act shall apply only to timber or groves and hedges, propagated from seeds, cuttings, or layers subsequent to the passage of this act; and no person shall be entitled to more than one first class premium on the same piece of timber or hedge. (Id. § 3.)

*8 67. Entrance fee for competitors-competition to be encouraged. That the said society shall fix the rate of entrance fee of those wishing to compete for premiums under this act at a reasonable amount; and in order to encourage competition, said society may appoint person or persons, in each county, whose duty it shall be to visit the premises of persons competing for premiums in such county, and make out an accurate report of the condition, mode of cultivation and propagation of the timber or hedge growing on the said premises, which report shall be made in accordance with instructions from said society, and shall be attested under oath or affirmation. (Id. § 4.)

*8 68. Society to keep account of premiums and report same to governor. That said society shall cause an accurate account to be kept of all sums paid as premiums in accordance with this act, together with a list of persons competing for premiums, and to whom such premiums were paid, with the amount thereof, and shall annually, on or before the first Monday in February, make a true report of the same to the governor of the state; which report, together "An act to encourage the cultivation of timber and hedge fence, and to appropriate money therofor." Approved March 7, 1867.

with a certificate of the correctness thereof, shall be signed by the president and secretary of said society. (1867, c. 32, § 5.)

*$ 69. Fences in streets to protect hedges. That any person who may plant a close hedge upon his property, along the line of any road or street, which is not less than sixty feet wide, shall have the right to build and maintain a temporary fence along the side of such road or street, six feet or less from the line thereof, for the period of five years from the time of planting such hedge, for the purpose only of protecting the growing of such hedge. (1867, c. 34, § 1.)

$ 70. Bounty for tree planting. That every person planting one acre or more of prairie land, within five years after the passage of this act, with any kind of forest trees, except black locust, and successfully growing and cultivating the same for three years, and every person planting, protecting and cultivating, for three years, one-half mile or more of forest trees, along any public highway, said trees to be planted so as to stand not more than one rod apart at the end of three years, and when planted on each side of any highway, such trees shall not be planted within the four rod limit of such highway, shall be entitled to receive, for ten years thereafter, an annual bounty of two dollars for each acre, and two dollars for each half mile, so planted and cultivated, to be paid out of the state treasury; but such bounty shall not be paid any longer than such grove or line of trees is maintained and kept in a growing condition. (1873, c. 19, § 1.)*

*§ 71. Proceedings to obtain bounty-railroad snow fences excepted. Any person wishing to secure the benefit of this act, shall within three years after planting such grove, or line of trees, and annually thereafter, file with the county auditor of the county in which the same is located, a correct plat of the land, describing the section, or fraction thereof, on which such grove, or line of trees, has been planted or cultivated, and shall make due proof of such planting and cultivation, as well as of the title to the land, by the oath of the owner and the affidavit of two householders residing in the vicinity, setting forth the facts in relation to the growth and cultivation of the grove, or line of trees, for which such bounty is demanded. The several county auditors shall annually, on or before the first day of August, forward to the state auditor a certified list of all the lands and tree planting reported and verified to them in compliance with this act, with the names and post office address of the respective owners thereof: providing, this act shall not apply to any railroad company for planting of trees within two hundred feet of its track for the purpose of snow fence. (Id. § 2.)

*$ 72. State auditor to issue warrants for bounty-limitation of aggregate amount. If the state auditor shall find that the provisions of this act have been duly complied with, he shall issue to the several applicants entitled thereto his warrant upon the state treasurer for the bounty named in the first section, on or before the first Monday of October in each year: provided, that if the aggregate of the bounty so applied for shall, in any one year, exceed twenty thousand dollars, it shall be the duty of the state auditor, on the first Monday of October, in such year, to equitably distribute twenty thousand dollars, and no greater sum, among the claimants who may be entitled to the aforesaid bounty, and his warrants for such pro rata shall relieve the state from further claims for such year. (Id. § 3.)

* 73. Fencing streets adjoining vacant land to protect trees. That for the purpose of promoting the planting and protection of shade trees in this state, whenever portions of any recorded city or village plat, or portions of any legal additions thereto, are wholly unoccupied, and the streets and alleys lying wholly within or legally belonging and adjoining to such unoccupied parts are not used for public travel, it shall be lawful for the owner or owners thereof, for the pur

* An act to encourage the planting and growing of timber and shade trees." Approved February

20, 1873.

pose of protecting such shade trees as may be set out therein, to fence up and enclose the same for the period of five years from and after the passage of this act, the same as if such land had not been platted and recorded: provided, however, that prior to such fencing of said land embracing streets, the consent of the proper city or village authorities shall be first had and obtained. (1877,. c. 132, §1.)

BOUNTIES FOR KILLING WOLYES.

*$ 74. Amount of bounty-applicant to make proof. Any person who shall kill any wolf in this state shall be entitled to receive a bounty of three dollars; and any person claiming such bounty shall produce the head of the wolf so killed, with the ears and scalp thereto entire, within twenty days after such wolf has been killed, to the county auditor of the county in which said wolf was killed, and shall make oath or affirmation in writing before such auditor that the wolf whose head is produced was killed within such county within twenty days last past. (1876, c. 94, § 1.)*

*§ 75. Auditor to issue orders on treasury, when. The county auditor before whom such oath or affirmation is made, after causing such head to be destroyed in his presence, shall then grant an order to the person making the affidavit, for the amount due him, on the treasury of the state, taking a receipt for the same on the back of said affidavit, which said county auditor shall keep on file in his office; which said order shall be received in payment of state tax. (Id. § 2.)

*§ 76. Amount of order, etc., to be entered. The county auditor shall enter in a book for that purpose, the date and amount of such order, with the number thereof and to whom issued, and shall annually, on the fifteenth day of November, make a certified copy of such entries, and transmit the same to the auditor of state. (Id. § 3.)

* 77. Redeemed orders to be preserved, etc. It shall be the duty of the state treasurer, on receipt of any such bounty orders in payment of state taxes, to enter on the face of the same the word "redeemed," and the date of redemption; and the auditor of state, on receiving any such redeemed order, to preserve the same, and at least once in each year to compare the same with the exhibit thereof furnished him by the county auditors of the proper county, as herein before required. (Id. § 4.) See *123 et seq.

BOUNTIES FOR KILLING GOPHERS.

* 78. Bounty may be offered-payment. That the commissioners of any county of this state may offer a bounty for the destruction of the pocket gopher, and they shall have power to provide such rules and regulations for the payment of such bounty as they may deem necessary. (1877, c. 125, § 1.)

EXEMPTIONS OF DISABLED SOLDIERS.

*$79. Discharged soldiers, etc. to receive order from county commissioners which may be used in paying taxes. It shall be the duty of the county commissioners of any county, or the city council of any city, and of the board of supervisors of any town, in the state of Minnesota, in which any tax has been levied for the purpose of paying bounties to volunteers, upon the property of any person who being a citizen of Minnesota on or before the first day of January, A. D. eighteen hundred and sixty-four entered the military service of the United States, and who has been honorably discharged or resigned, or still remains in said service, or against the property of the wife, widow or minor children of any such person: it shall be the duty of said authorities upon due proof of the facts above set forth, to issue and deliver to any such person, or their authorized agents, an order upon the treasurer of such county, city, or town-wherein such tax or taxes were levied, for the purpose of paying bounties to soldiers in such county, city or town-specifying in such order the amount of taxes, all

*" An act providing for a state bounty for the destruction of wolves." Approved February 15, 1876.

charges and interest included, to whom issued and delivered, and that it is in behalf of a person, or the wife or widow or minor child, or children, of such person who had entered the military service of the United States on or before the first day of January, eighteen hundred and sixty-four, and the treasurer upon whom such order is drawn, or his successor, shall receive the same in payment for any taxes due, or that may become due. (1866, c. 3, § 1,* as amended 1867, c. 49, § 1.)

*$ 80. Authorities liable for neglect to issue order. When the authorities of any county, city or town shall neglect or refuse to issue and deliver the said order, in accordance with the previous section, they shall be liable in an action at law to the parties aggrieved in a sum of twice the amount of his, her or their tax or taxes so levied. (1866, c. 3, § 2.)

*§ 81. Benefits of two preceding sections, to whom to apply. The benefits of this act shall apply only to persons, citizens of Minnesota at the time of their entry into the military service of the United States, and who shall have served at least one year, (unless sooner discharged by reason of wounds or disease or physical inability contracted while in the line of their duty as soldiers) previous to the first day of January, A. D. eighteen hundred and sixty-five, as officers or privates in any organization of United States troops, or their wives, widows, or minor children, and shall not apply to any person whose total bounties received from all sources equal the sum of three hundred dollars; and the said authorities issuing said orders are hereby authorized to levy sufficient taxes in any succeeding year or years to meet all deficiencies, if any, created by the operations of this act. (1866, c. 3, § 3, as amended 1867, c, 49, § 2.)

*§ 82. Disabled soldiers exempt from poll-tax and jury duty. That all discharged soldiers who served as volunteers in the war of eighteen hundred and sixty-one, citizens of and residing in the State of Minnesota, who were honorably discharged from such service, on account of wounds received while on duty in said service, having lost a limb, or being otherwise permanently disabled, shall be exempt from poll tax, and from sitting as jurors in any of the courts of this state. (1868, c. 85, § 1.)

SOLDIERS' BOUNTY BONDS.

*§ 83. Old bounty bonds may be replaced by new ones. That all town, village, city, and county authorities are hereby authorized and empowered to take up and cancel, by the issue of new bonds, any old matured and unpaid bonds which have been heretofore issued by such authorities for the purpose of raising the quota of volunteers in said town, village, city or county under the several calls of the president of the United States for the suppression of the late rebellion: provided, such new bonds shall not bear a greater interest than twelve per cent. per annum, and shall run for such period as may be agreed upon by said authorities and the holders of the bonds above referred to. (1868, c. 51, § 1.)

DESTRUCTION OF GRASSHOPPERS.

*S 84. Employment of persons to destroy grasshoppers-compensation. The board of county commissioners of any county in this state afflicted by grasshoppers, shall have the right, if in their judgment they see fit, to employ one or more persons in each township in said county, with such implements or mechanical contrivance as may prove most efficient, to destroy the grasshoppers, from the first day of April to the first day of August in each year, paying such persons either by the day or a specified sum for the amount captured and destroyed. The compensation of such person shall be paid out of the general revenue fund of the county: provided, further, that parties employed and paid by the county commissioners shall not receive any other or further compensation under the provisions of this act. (1877, c. 86, § 14.)

*“An act to relieve certain soldiers from paying bounty tax." Approved February 28, 1866.

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