side roads and ford crossings, the same proceedings shall be had in all respects, including the assessment and payment of damages, as are required by law in laying out and establishing county roads: provided, that this act shall not authorize the laying out and establishing side roads or ford crossings near or adjacent to any bridge the cost of which was less than one thousand dollars. (1874, c. 58, §1.)

*$ 95. Regulating number of cattle to be driven over bridges. It shall be the duty of the county commissioners of each and every county in this state to cause notices to be posted at both ends of all bridges in their respective counties, where the span of such bridge shall be fifty feet or more, stating the number of cattle, horses or other animals that may be driven on, to or across said bridge at any one time. (Id. § 2.)

*§ 96. Penalty for violating regulation. Any person or persons driving or having charge of any drove of cattle, horses or other animals, who shall drive or permit more of said animals to enter upon or cross said bridge at one time than is specified in said notices provided for in section two of this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof before any court having jurisdiction, shall be fined in any sum not exceeding one hundred dollars, nor less than ten dollars. (Id. § 3.)

*S 97. Working out tax on cartways. The town supervisors of this state, in their respective towns, may, in their discretion, allow any owner or owners of cartways duly and legally established, or hereafter to be laid out by proper authority, to perform his or their highway labor and poll tax, or either, upon said cartway or cartways. (1877, c. 96. § 1.)

*$ 98. Allowance to persons maintaining watering troughs by roadside. Any person in any city, town or township in this state, who shall construct and maintain and keep in repair a watering trough beside the highway, which shall be above the ground and made easily accessible for horses and carriages, shall be allowed by the city, town or township, five dollars out of his highway tax for each year during which he shall furnish the same. (1870, c. 15, § 1.)

*§ 99. Allowance to persons maintaining wells, etc. by roadside. Any person in any city, town or township who shall construct and maintain and keep in repair a good well or spring beside the highway, and easily accessible, and provide it with a suitable pail or bucket, and keep the same so supplied and in good repair, shall be allowed by the city, town or township, three dollars out of his highway tax for each year during which he shall furnish the same. (Id. § 2.)

*S 100. Supervisors to fix location, etc. of troughs and wells, etc. Any person upon any highway or road, in any district or ward, wishing to furnish such watering trough, well or spring, shall make application to the aldermen of the city, or supervisors of the town, who shall decide where such trough, well or spring shall be located, and the number that shall receive the benefits of this act. (Id. § 3.) as amended 1877, c. 43, § 1.)

DRAINING PUBLIC HIGHWAYS.*

*§ 101. Affidavit of overseer-notice of meeting of supervisors. Whenever any overseer of highways shall file with the chairman of the board of supervisors of the town in which his road district is located, his affidavit stating that a certain road passing through or into the district of which he is overseer runs into or through swamp, bog or meadow or other low land, and that it is necessary or expedient that a ditch or ditches should be opened through land belonging to any person, stating the probable length of such ditch or ditches, and the width and depth of the same, as near as possible, the point at which it is to commence, its general course, and the point near which it is to terminate, and the names of persons owning the land, if known, and a description of the land

*An act to authorize the board of town supervisors to open, lay out and construct ditches, for the pur post of draining public highways. Approved March 2. 1874. (Laws 1874, c. 57.

over which said ditch or ditches must pass, and that the road at that point cannot be made passable without extraordinary expense, unless such ditch or ditches are laid out and opened, thereupon it shall be the duty of the chairman of the board of supervisors immediately to make out a notice, and fix therein a time, not less than six nor more than sixty days from the date thereof, the board of supervisors will meet at the place described in said affidavit, and personally examine the premises; which notice, together with the affidavit, he shall cause to be filed in the office of the town clerk; and the clerk shall make true copies of said notice, and deliver them to the overseer of highways making the affidavit, whose duty it shall be to personally serve the same upon each of the owners of the land, if residents of the county, or upon the occupants of the land if the owners are not residents of the county through which it is proposed to open such ditch or ditches, which notice may be in the following form:

State of Minnesota, county of —. Mr.

Notice is hereby given,

to

runs into

that, whereas it appears by the affidavit of overseer of road district No. in the town of, that the road running from or passes through a swamp, bog, [pond] or low land, which swamp, bog, pond or low land is situated on section in said town, and that it is the opinion of said overseer that a ditch or ditches should be opened through land belonging to -, for the purpose of draining said swamp, therefore you are hereby notified that the board of town supervisors will, on the

day of A. D. 18-, personally examine the premises over which said ditches are to pass, and decide upon said application, and will also hear any objections which may be made in the matter, and will consider the amount of damages which, in their opinion, will be just compensation to the owners of land in consequence of the opening of such ditch or ditches. Signed, man of the board of supervisors. clerk of town of: provided, that such ditch or ditches shall be laid out upon the lines that the owner or owners of the land over which they are to pass may desire, whenever it can be so done without extra cost. (1874, c. 57, § 1.)

chair

§ 102. Publication of notice. The overseer serving such notice shall make return thereon to the town clerk, stating the facts; and if it shall appear from the return of the overseer that the owners of said lands do not reside in the county, and that no occupant resides thereon, the town clerk shall order the publication of the notice for three successive weeks in a newspaper printed and published in said county; or, if there be no paper printed and published in said county, then he shall post or cause to be posted up the notice in three of the most public places in the county, for three weeks prior to the meeting of the supervisors; and such publication shall be considered as sufficient notice to all parties. (Id., § 2.)

* 103. Examination, hearing and assessment of damages. At the time specified in the notice the supervisors shall proceed to examine the road and premises over which such ditch must pass, and hear any reasons for or against laying out the same, and shall decide upon the application as they deem proper, and shall assess the amount of damages which, in their judgment, will be an equitable compensation to the owners of the land for the opening of said ditch or ditches through their land; and in all cases they shall estimate the advantage and benefits the laying out and opening of such ditch or ditches will confer upon the owner of any land through which such ditch may run, as well as the disadvantages: provided, the damages sustained by reason of laying out and opening such ditch or ditches may be ascertained by the agreement of the owners and the supervisors, in which case every agreement and release shall be in writing, and filed in the town clerk's office, and shall forever preclude such owners of lands from all further claims for damages. (Id. § 3.)

*§ 104. Order for laying out and opening ditches, eto. If, after taking all the circumstances into consideration, the supervisors shall be satisfied that the opening of such ditch or ditches is necessary or advantageous to the public interest, they shall cause the same to be laid out and opened, and shall give such directions in the matter as shall be necessary for the effectual draining of said swamp, pond, bog or low land, and shall file a statement in writing of all their doings, including the amount of damages allowed, in the office of the town clerk, who shall copy the same into a book to be kept by him especially for that purpose; and if the order and proceedings be not appealed from within ten days from the filing thereof, as hereinafter provided for, then said judgment, order and findings shall be final, and the overseer may proceed to open the ditch or ditches, in accordance with the directions and under the instructions of the said board of supervisors. (1874, c. 57, § 4.)

§ 105. Appeal from order-proceedings in district court. Any party throngh whose land said ditch shall pass may appeal from the decision of the supervisors to the district court of the county in which the premises are situated, by filing with the town clerk within ten days after the decision of the supervisors shall have been made and filed, a recognizance of the appellant, with sureties to be approved by the said board or chairman, in a sum not less than one hundred dollars, conditioned that the appellant will appear at the next term of the district court, and prosecute his suit to final judgment, if the court shall not otherwise order for good cause; and further, that he will abide the decision of the court, and pay all costs and damages that may be assessed against him therein; or, if the appeal shall be dismissed or discontinued, that he will pay the costs of appeal. The proceedings of the district court in the appeal shall be the same as an appeal in civil action from a justice of the peace, as nearly as practicable, and costs shall be awarded for or against either party in the same manner as upon an appeal in civil actions. (Id., § 5.)

*§ 106. Ditches to be kept open. At any time after such ditch or ditches shall have been opened, it shall be lawful for the overseer of highways of the road district, from time to time as it may become necessary, to enter upon the lands through which such ditch or ditches have been opened, for the purpose of clearing out and scouring the same, and then and there to clear and scour the same, in such manner as to keep them open and in good order and condition. (Id. § 6.)

*§ 107. Penalty for obstructing ditches. Any person who shall dam up, obstruct, or in any way injure any ditch or ditches as opened, shall be liable to pay to the overseer of highways of such road district double the damages which shall be assessed by the jury or court trying the case for such injury, and shall further be deemed to have committed a misdemeanor, and shall, upon conviction thereof, be punished by imprisonment of not more than three months, or by fine of not more than one hundred dollars; and such sums of damages and fines shall be by such overseer expended on the roads in his district. (Id. § 7.)

* 108. Provision for payment of damages. When the amount of damages or compensation to be paid by [to] any one or more of the owners of land taken for such ditch or ditches shall have been finally determined by proceedings under the provisions of this act, the board of town supervisors shall provide for the payment of and pay the same in the manner provided by law for the payment of like damages or compensation for land taken for a public highway, and may, in their discretion, deduct the amount so paid from money belonging to or to be paid over to the road district in which such ditch or ditches shall have been constructed. (Id. § 8.)

BRIDGES ON THE MINNESOTA RIVER*

*§ 109. Who may construct-conditions. Any company duly organized for the purpose, or any county or counties, town or towns, village or villages, interested therein, may erect a free or toll bridge over the Minnesota river, at any suitable point to be selected; but all such bridges shall be provided with a suitable draw, with an opening of not less than eighty feet, which, on seasonable signal or notice, shall be opened to allow the passage of boats navigating said river. (1875, c. 108, § 1.)

*$ 110. Governor to approve location and plan. Before any such bridge is erected, the location and plan thereof shall be submitted to the governor, who shall examine the same, and if he deems the plan and location proper, he shall approve the same. (Id. § 2.)

*§ 111. Rates of toll. Corporations owning and maintaining any bridges over said river may charge and receive the following rates of tolls from all persons using the same, to wit:

For each foot passenger, five cents.

For each head of swine, sheep or calves, two cents.

For each head of cattle, five cents.

For each carriage, hack or sleigh, drawn by one horse, twenty cents.

For each carriage, hack or sleigh, drawn by two horses, twenty-five cents. For each additional horse, five cents.

For each dray, sled or wagon, drawn by one horse, twenty cents.

For each dray, sled or wagon, drawn by two horses or oxen, twenty-five cents.

For each additional horse or ox, five cents.

For any other vehicle or animal not enumerated, a reasonable rate of toll. (Id. §4.)

$112. Restriction on change of above rates. The rates of toll hereby fixed shall not be changed by the legislature until the company shall receive a net income equal to ten per cent. per annum on the fair and reasonable cost of any bridge built under this act, but may then be amended by any future legislature in such manner as will not reduce the net income to less than the per cent. named in this section. (Id. § 5.)

FERRIES.†

§ 113. License to keep ferry. That the board of county commissioners of any county in this state may grant a license to any person applying therefor, to keep a ferry across any stream within their respective counties, upon being satisfied that the party applying is a suitable person to keep it, and that a ferry is necessary at the point applied for; but no ferry shall be established within one-half mile of any established ferry. (1867, c. 26, § 1.)

*S 114. Ferries between two counties. In all cases where the stream over which a ferry is sought to be licensed runs between two counties, the board of county commissioners of either county shall have as full jurisdiction in the premises as though the stream was wholly within the county of which they are commissioners; and when the commissioners of either connty shall have exercised jurisdiction under this act, and shall have established any ferry thereunder, the county commissioners of no other county shall have any power to exercise any jurisdiction over such ferry, while the same is in legal existence: provided, that when the stream forms any portion of the boundary line of the state of Minnesota, the board of commissioners in their respective counties shall grant An act to provide for the construction of bridges over the Minnesota River, approved March 9, 1875. (Laws 1875, c. 108.)

An act to authorize the establishment and regulation of ferries, approved February 28, 1867. (Laws 1867, c. 26.)

license and exercise all the powers conferred upon them by the provisions of this act, so far as the same does not conflict with the rights of other states: provided, further, that when application shall be made in two counties for license for ferries at the same point, the county commissioners of the county in which notice of the intention of such application was first filed with the county auditor shall exercise jurisdiction in the matter. (1867, c. 26, § 2.)

* 115. Licenses to be sealed. All licenses granted under the provisions of this act shall be sealed with the seal of the county commissioners and signed by the chairman of the board, and attested by the county auditor, and may be granted for any period not exceeding ten years. (Id. § 3.).

*§ 116. Taxation of ferry. The county commissioners shall tax such sums as may appear reasonable, not less than five nor more than two hundred dollars per annum; and the person to whom such license shall be granted shall pay to the county treasurer the tax for one year in advance, and take duplicate receipts therefor, one of which he shall file with the county auditor within ten days thereafter. (Id. § 4.)

*§ 117. Duty of keeper of ferry. Any person obtaining a license to keep a ferry shall provide and keep.in complete repair the necessary boats for the safe conveyance of persons and property, and shall keep a sufficient number of hands to give due attendance from daylight in the morning until dark in the evening, and shall, moreover, attend at any hour of the night or day, when called upon, for the purpose of conveying the United States mail, or any person or persons desiring to cross the same, with or without a team or vehicle, across said ferry: provided, that when the stream is impassable from the high stage of water, wind and storm, or drift ice in the river, or when the river is frozen over, no damages shall be recovered by a failure or refusal to convey any person or property across said stream. (Id. § 5.)

*§ 118. Notice of application for license. All persons intending to apply for a license shall give notice of their intention to apply for a license for a ferry at a certain point, by posting up at least three notices in the most public places in the neighborhood where the terry is proposed to be kept, and filing a copy thereof with the county auditor, at least ten days prior to the presentation of such application to the county commissioners: provided, that when application shall be made for a renewal of license where a former license has expired, the same may be granted or renewed without previous notice or petition. (Id. § 6.)

*S 119. Rate of ferriage-penalty for overcharge. Whenever the board of county commissioners of any county shall grant a license to keep a ferry across any stream, the said board shall establish the rate of ferriage which may be demanded for the transportation of persons or property; and any person who shall demand or receive more than the amount so designated for ferrying, shall pay such sum, not exceeding twenty dollars, as any court having competent jurisdiction shall determine, to be recovered by an action of debt by any person suing for the same. (Id. § 7.)

*§ 120. Ferries must be licensed. No person shall be allowed to establish, run or maintain upon any water in this state, any ferry upon which to convey, carry or transport any persons or property, for hire or reward, without first obtaining a license therefor as herein before provided: provided, this act shall not be so construed as to prevent the establishing, maintaining and running free ferries. (Id. § 8.) *8 121. Existing ferries to be taxed. Any ferry heretofore established under former laws, by license of county commissioners or charter from the legislature, across any stream in this state, shall be taxed the same as those granted by the provisions of this act; and all ferries shall be deemed situated in the county where the ferry house is situated, and no ferry shall be liable to pay tax to but one county. (Id. § 9.)

* 122. Licensee to give bond. Any person obtaining a license to run a ferry under the provisions of this act shall first execute a bond, to be approved by the county