§ 10. Appeals, how taken. Appeals from the assessment made by the commissioners may be taken and prosecuted, in the court aforesaid, by any party interested, (the petitioner excepted,) not under legal disability, by husbands or trustees of femes covert, guardians of infants, guardians of insane persons; and in cases where infants or insane persons have no guardians, appeals may be taken by the friend of such parties; and a written notice of such appeal shall be served upon the appellee, as a summons in ordinary civil actions: provided, that no appeal shall be taken after the expiration of thirty days from the time of the notification of the filing of the report aforesaid. $ 11. Appeal not to hinder erection of dam, when. The erection of said dam shall not be hindered, delayed or prevented, by the prosecution of any appeal: provided, the petitioner executes and files with the clerk of the court in which the appeal is pending, a bond, to be approved by said clerk, with sureties, conditioned that the person executing the same shall pay whatever amount may be required by the judgment of the court, and abide any rule or order of the court in relation to the matter in controversy, § 12. Bond on appeal-pending cases. The appellant shall file with the clerk aforesaid, a bond with security, to be approved by the judge of said court, and in such sum as said judge shall determine, payable to the state of Minnesota, for the use of all persons interested, in which bond the proceeding appealed from shall be briefly recited, with condition for the due and speedy prosecution of the appeal, and that appellant will abide the order or judgment of the court, and pay the costs of appeal, if adjudged so to do by the court, in rcference to the matter in controversy; and this section shall apply to cases now commenced and pending under this chapter, where no appeal has been perfected, as well as to future cases. (As amended 1875, c. 110, § 1.) $ 13. Questions on appeal-trial, how conducted. Appeals bring before the court the propriety of the amount of damages reported by the commissioners in respect to the parties to the appeal; and unless the parties otherwise agree, the matter shall be submitted to and tried by a jury as other appeal cases, and the court or jury, as the case may be, shall assess the damages aforesaid, making the verdict conform to the question and the facts in the case. Turner v. Holleran, 11 M. (253). §14. Punitive damages not allowed. No exemplary or vindictive damages shall be allowed by the commissioners, court or jury. $15. Judgment on appeal-contents and effect-payment--forfeiture. Upon verdicts rendered by juries, or an assessment by the court, judgment shall be entered, declaring that upon payment of the damages assessed by the court or jury, as the case may be, and costs, if any, the right to erect and maintain the mill-dam aforesaid, according to the petition, shall, as against the parties interested in such verdict or assessment, be and remain in the petitioner, his heirs and assigns forever, subject to be lost as hereinafter provided; and payments of such judgments may be made as payments of assessments by the commissioners as herein before provided. And unless the petitioner shall pay such assessment and cost within sixty days after entry of judgment, he shall forfeit all right under his proceeding; and no possession, use or occupancy of the premises described and attempted to be taken under the provisions of this act, shall be permitted until payment is made as herein specified. (As amended 1875, c. 110, § 2.) § 16. Previously improved water-powers. No mill-dam shall be erected or maintained under the provisions of this chapter, to the injury of any water-power previously improved. Faribault v. Hulett, 10 M. (30); 14 M. 365. § 17. Actions for damages, when to be brought. No action for damages occasioned by the erection and maintenance of a mill-dam shall be sustained unless such action is brought within two years after the erection of said dam: provided, that such limitations shall not run against or apply to persons living on or holding government land under the pre-emption or homestead laws until a patent for the land damaged or overflowed is issued. (As amended 1876, c. 100, § 1.) Thornton v. Turner, 11 M, (336); 12 M. 137; 451; 13 M. 324; 498. § 18. Raising existing dams. Any person may obtain a right to maintain or raise a dam heretofore erected upon his own land across any watercourse not navigable, by complying with the provisions of this chapter, adapting his petition to the nature of the case. § 19. Suits for damages may be stayed. Upon evidence of the commencement of proceedings as provided in the second and eighteenth sections of this chapter, the court before which any action for damages occasioned by such mill-dam, shall be instituted after the commencement aforesaid, has power to suspend any such action until the result of said proceedings is known: § 20. Costs, by whom paid. The costs of all proceedings under this chapter, except such as arise or grow out of appeals, shall be paid by the petitioner, and costs of appeal shall be paid as the court directs. § 21. Entry on land for surveys, etc. For the purpose of making surveys and examinations relating to any proceedings under the provisions of this chapter, it shall be lawful to enter upon any land, doing no unnecessary injury. § 22. Non-user of right-forfeiture. Any person having obtained right to erect and maintain, or to maintain or raise any dam under the provisions of this chapter, who shall not within one year thereafter begin to build (if he has not previously built) said dam and finish the same, and apply the water-power thereby created to the purposes stated in his petition, within three years; or, in case the said dams and mills connected therewith are destroyed, shall not begin to rebuild in one year after such destruction, and finish in three years; or, having erected such mills, fails to keep them in operation for one year at any one time, shall forfeit all rights acquired by virtue of the provisions of this chapter, unless at the time of such destruction the owner is an infant, or otherwise disabled in law, in which case the same time shall be allowed after the removal of such disability. *§ 23. Right to overflow highway, etc.,-raceway across highway. When any person is desirous of erecting and maintaining a mill-dam upon his own land across any watercourse not navigable, or digging a raceway across any highway, and deems it necessary to raise the water by means of such dam, so as to overflow any highway, or otherwise obstruct, impair, or render less commodious for the public travel, any highway, he may obtain the right from any township supervisors, or common council of any city, in which said highway is situated, to erect and maintain said dam, or dig said raceway across any highway, in the manner and upon the terms hereafter provided. (1868, c. 54, § 1.) *8 24. Petition to be presented contents. He shall present to the supervisors of the township, or common council of any city, in which said highway is to be so affected from the raising of such dam or digging such raceway, a petition by him signed, setting forth the place, as near as may be, where said dam is to be erected, or said raceway is to be dug, also the height the dam will be raised, and the width the raceway will be dug, the purpose to which the water-power will be applied, and such other facts as are necessary to show fully the object of said petition. (Id. § 2.) *§ 25. Notices of meeting, etc., to be posted. The supervisors of any township, or common council of any city, on receiving such petition, shall post or cause to be posted, in three of the most public places in the township or city, notices in writing, setting forth the time and place they will meet to make a personal examination of the highway to be affected by the erection of said dam or digging said raceway, also the name of the petitioner, and the object and prayer of said petitioner, which notices shall be posted at least ten days before the time of meeting for such examination. (Id. § 3.) *8 26. Meeting-examination-taking testimony. The supervisors or common council, as the case may be, shall meet at the time and place specified in the notice, and proceed to examine the point at which said dam is proposed to be erected and raceway dug, and the highway to be affected by the raising of said dam or digging said raceway, and shall have power to subpoena witnesses, and take testimony touching the subject of their examination. (1868, c. 51, § 4.) *$ 27. Report-contents-record. The supervisors, or common council of any city, shall, within thirty days after completing their examination, make a report in writing, granting or refusing the prayer of the petitioner. If the supervisors or common council, as the case may be, grant the prayer of the petitioner, in whole or in part, they shall fully and explicitly set out in their report the terms and conditions upon which said right is granted to said petitioner, which said report, together with the petition, shall be duly recorded in the township records, by the township clerk. (Id.§ 5.) *§ 28. When the right to erect dam is perfected. Whenever such petitioner, his heirs or assigns, shall fully comply with all the terms and conditions of the report of the supervisors, or common council, as the case may be, he shall have the right to erect and maintain such dam, or dig such raceway, and use the same as fully as he might have done before the laying out of said highway. (Id. § 6.) *8 29. Time for complying with this act. Any person having already erected such a dam or dug such a raceway as above provided for, shall have the right to avail himself of the provisions of this act within one year by complying with the same as above provided. (Id. § 7.) * § 30. Petitioner to pay all costs. The petitioner shall pay all costs and expenses of the proceedings and examination had by virtue of this act, at his request, whether the prayer of his petition be granted or otherwise. (Íd. § 8.) 15. 16. Fees of surveyors-lien, how enforced. 18. Orders for scaling-record and effect. SECTION. CHAPTER XXXIL LOGS AND LUMBER. SECTION. 1-3. Rivers declared public highways-penalty 42. Priority of liens. for obstructing. LUMBER DISTRICTS. 4, 5. Number and description. SURVEYORS OF LOGS AND LUMBER. 6-10. Appointment-powers and duties-oath 11-14. Surveys of logs, etc.-scale-bill and record 43-44. Papers to be filed-surveyor's fees, how 46-62.-Liens in first district. LIEN LAW OF 1876, to be 64. 65-66. Statement to be filed-suit to be brought. 67. 68. Security not required of plaintiff-release of 71. 72. Lien not defeated by taking note. 20. Log-mark to be recorded before scaling, etc. 21. Report to legislature. 73. Pleading in actions. 74. Filing of papers by surveyors. 22. Instruments affecting title to logs to be recorded. 75. Assignment of claims, etc. 76-77. 23-26. Surveyor of first district-duties--deputies -fees. Act confined to laborers-when to take effect-repealing clause. LIEN OF LOG-OWNERS. Lien where owner is required to rive logs of others-enforcement. 80. Booms for logs exempted. CONVERSION OF LOGS. 29, 30. New records in second district. 81. Fraudulent intermixture of logs. Accidental intermixture. 83-87. DAMS FOR SLUICING LOGS, ETC. Licenses--when, and by and to whom granted-how executed-notice of application-bond of licensee. Rates of toll--lien for tolls--enforcement of lien. TITLE 1. RIVERS, DAMS AND BOOMS. § 1. What rivers are public highways for logs. All rivers within this state of sufficient size for floating or driving logs, timber or lumber, and which may be used for that purpose, are hereby declared to be public highways, so far as to prevent obstructions to the free passage of logs, timber or lumber down said streams, or either of them. 23 M. 430. § 2. Dam and boom to have sluice-way. No dam or boom shall be constructed or permitted on any river, as herein specified, unless said dam or boom has connected therewith a sluiceway, lock or other fixture, sufficient and so arranged as to permit logs, timber and lumber to pass around, through or over said dam or boom, without unreasonable delay or hindrance. § 3. Booms and wears declared nuisances, when. Any boom or wear now in or on any river, as aforesaid, that is so constructed as to prevent the free passage of logs or lumber, is declared a public nuisance, which shall be abated unless a suitable sluiceway, lock or passage, as above provided, is made thereon as aforesaid, within thirty days after written notice given by any person interested; and any person so owning, holding or occupying said boom or wear, shall be liable to pay five dollars for every day the same is permitted to remain in or on said river, after having had thirty days' notice to remove said nuisance, which may be recovered before any justice of the peace having jurisdiction; and the amount so recovered shall be collected by said justice, and paid into the township treasury of the proper township, for the use of common schools; and said person shall also be liable for any damages sustained by individuals by reason of said nuisance. TITLE 2. LUMBER DISTRICTS. § 4. Number of lumber districts. There are established six districts for the purpose of the survey and measurement of logs, lumber and timber within this state. (As amended 1871, c. 28, § 3.) § 5. Lumber districts defined. The St. Croix lake and river and their tributaries constitute the first district. The Mississippi river and its tributaries above the the mouth of the St. Croix lake, and the Red river and its tributaries, constitute the second district. The Mississippi river and its tributaries between the mouth of St. Croix lake, and the outlet of lake Pepin, constitute the third district. The Mississippi river and its tributaries below the outlet of lake Pepin to the southern line of Wabasha county, constitute the fourth district. The bay of Superior, St. Louis river and their tributaries constitute the fifth district. The Mississippi river and its tributaries from the southern line of Wabasha county to the southern line of the state of Minnesota, constitute the sixth district. (As amended 1871, c. 28, § 3.) TITLE 3. SURVEYORS THEIR POWERS, DUTIES AND FEES. $6. Surveyors-appointment, powers and duties-seal. There shall be biennially appointed by the governor, with the advice and consent of the senate, a surveyor general for each of the districts aforesaid, who shall be a citizen of the district for which he is appointed at the time of his appointment, and he shall enter upon the discharge of the duties of his office on the third Monday in April next succeeding his appointment, and shall hold his office for two years, and until his successor is appointed, confirmed and qualified: provided, that it shall be the duty of the surveyor general whose term of office has expired, to make the scale-bills, and record them in the books of the surveyor general's office, of all logs scaled by him or deputies prior to the time he surrenders the same to his successor, and for that purpose he shall have access to the books of the office; and all bills so made and recorded shall have the same validity as if made and recorded during his term of office. Each of said surveyor generals shall have a seal of office, which seal shall be of the size prescribed by law for notarial seals, and shall have engraved thereon the arms of the state of Minnesota, and the words "surveyor general district," and in the said blank space shall be inserted the number of his district. (As amended 1874, c. 77, § 1, and 1877,c. 18, § 1.) § 7. General office of each district. The surveyor of the first district shall keep his office at the city of Stillwater; of the second district at the Falls of St. Anthony, and shall appoint a deputy who shall reside at the city of St. Cloud; of the third district at the city of Red Wing; of the fifth district at the city of Wabasha; of the sixth district at Duluth. (As amended, 1868, c. 42, § 2, and 1874, c. 81. § 1.) § 8. To take oath and give bond Each surveyor general shall, before entering upon the duties of his office, take an oath before some person qualified to administer oaths, that he will faithfully discharge the duties of his office, and also execute a bond to the county in which he holds his office, with five or more sufficient sureties, to be approved by the county commissioners of such county, in the penal sum of five thousand dollars, conditioned for the faithful discharge of his duties as surveyor general, and for the delivery over to his successor of all bills, bonds, certificates and papers, and other effects appertaining to his said office. § 9. Bond and oath to be filed. The bond and oath of office shall be deposited with the clerk of the board of county commissioners of the county where such office is kept; and when there is a failure to comply with the conditions of such bond, any person feeling himself aggrieved may commence an action thereon before any court having jurisdiction, and a recovery thereon (by one) shall not render the bond void, but the same may be prosecuted from time to time until the whole penalty is recovered. § 10. Surveyor may appoint deputies. The surveyor general may appoint any number of deputies necessary to transact the business of his district; and for the correctness of their acts and doings he shall be responsible upon his bond. § 11. Duties of surveyors-scaling of logs, etc. The surveyor general, by himself or his deputy, at the request of the owner of any logs, timber, or lumber, or of any sheriff, coroner or constable, who has replevied, attached or levied on any logs, timber or lumber, or of any person who has a written order from the owner for the delivery of any logs, timber or lumber, to repair to any part of his district and survey such logs, timber or lumber, and, upon completing such survey, to make out a true and correct scale-bill thereof, stating the person by whom, the time when, and place where such logs, timber or lumber was scaled, at whose request and to whom scaled, if to any one, and the scale-mark placed thereon, the number of logs, and, when requested by the owner or any other person controlling the same, the number of pieces of logs or timber, together with the mark or marks thereon, and the number of feet therein contained, and shall sign the same; and thereupon he shall record such bill in the books of his office, and, upon being paid his fees for such services, he shall deliver the original bill to the person to whom the logs, timber or lumber is scaled, if any; if not, then to the person requesting the survey; and such bill and |