Grand Rapids Herald-Review Newspaper, April 30, 1913, Page 31

TT <8 & tie tithe ~ advisable and for the general improve any established highway by macadamizing the same, or by usin hard material, or in any other way makin permanent improvement thereon, at an ex- Dense greater than ‘any amount the town oF mty is authorized to make ‘appropriation for, the questions of making such improve~ ment may be submitted to a vote under the following conditions: Whenever fifteen or more Voters of such town, who own real estate therein, or occupy the same under the home- stead or pre-emption Jdws of the United States or under contract from the State, shall file with the Town Clerk a petition ‘asking for such improvement, and for a submission of the game to vote of the people, said clerk shall Immediately call a meeting of the Town Board, who shall make and file an estimate in writing of the probable expense of the fmprovement. Said clerk shall submit the proposition to the voters of the town at their next annual meeting, or {f so requested, In said petition, he shall call a special town eeting to vote upon It, giving notice thereof provided by Law. ‘At such special town meeting the polls shall be open from nine o'clock a. m. until five o'clock p.m. The pallot shall contain a statement of the ques- tion and the estimated cost, and the vote shall be “tyes or “no.” If sixty per cent of the yote cast favors the proposition, the Town Board shall at once contract for the improve- ment. BONDS FOR SUCH IMPROVEMENT. —To Provide funds for such improvement, the Town Board shall issue the bonds of the town to an amount not the proposed and in no case ex- mprovement, edness of the town, five pi sessed valua thereof. all bear interest, evidenced#by coupons. at @ rate not exceeding six per cent per annum, payable annually, and shall become due in ‘ten equal installments, the first of which shall be- come due and payable not more than eighteen months after date, and annually thereafter. Bald bonds may ba sold by the Town Board fat not less than par, and the proceeds shall be disbursed, by the ‘Town Board, in the same manner that other funds are disbursed, for Jabor and material for said improvement. Said Donds shall not be valid until registered with the County Auditor, who on receiving satis: factory evidence that the provisions of law relating to their issue have been complied With, shall register the same in his office and {ndorse his certificate of registration on said hhond:; and shall thereafter, in due manner and season, levy a sufficient tax to pay in- terest and principal of said bonds as the same shall accrue, to be collected as other taxes are collected. Sec. 59, DRAINAGE OF TOWN ROADS. Gubdivision (1), Whenever®the Town Over- seer of roads shall file with the Town Board his affidavit stating that a road passing threugh or into sald town rung into or through @ swamp, bog, or other low land, and that it necessary or expedient’ that @ itch should be opened _ through private lands, the,probable length, width and Gepth of such ditch, the termini ‘and general course of the saine,'a description of the land over which said ditch will pass, the names of the owners thereof, if known, and that ich road through such low ground cannot, without extraordinary expense, be made pdssa- ble unless such ditch or ditches are opened, the chairman of said board shall prepare a notice, therein fixing a time, not less than eix nor more than sixty days from the date thereof, when said board will meet at © place to be described in the notice, and personally examine the premises. Such’ chairman shall cause said notice, together with the affidavit, to be filed in the office of the Town Clerk, who shall make true copies of such ‘notice end deliver them to said Town Overseer. Said Overseer shall personally serve the same upon each ef such landowners, if residents, of the county, and upon the occupants of such lands where the owners are not reSidents of such county. Such ditch or ditches shall be laid out upon such lines as the owners of the land @esire, when it is practicable and can be done without extra cost Subdivision (2). NOTICE, WHEN POST- ED,—The Overseer serving ‘such notice shall make @ return thereof 4o the Town Clerk stating the facts and if tt appears from such return that the owners of said lands, or an of them, are not residents of the county, and no occupant resides on the lands, then the clerk shall cause three weeks’ published no- tice to be given, which shall be deemed suf- ficient notice. Subdivision (3). HEARING AND ASSESS- ME At the time specified in the notice, the Town Board shall examine the road and premises over which such ditch must pass, nd hear aby reasons for or against laying out the same, and determine upon the advis- ability of opening such ditch. If it deter- mines that it is expedient and advisable to open such ditch, it ehall assess the amount of damages which, in its judgment, wiil be just and equitable compensation to the owners for the right to open such ditch through their lands, including the right to enter upon such land ‘whenéver necessary for the purpose of cleaning out or repairing it. It shall also estimate the advantages, as well as the dis- advantages, which will accrue to the owner’ of ‘any land through which such ditch may run, by reason of such opening. But the damages ray be determined by agreement between the owners and the Town Board, and every such agreement or release of claim shall be in writing, and filed with the Town Clerk, Subdivision (4). ORDER ESTABLISHING DITCH—APPEAL.—If on such hearing the Board shall determine that the opening of uch itch 1s necessary and for the interest of the gez2ral public, it shall make an order establishing and opening the same, therein providing for the effectual drainage of such swamp, ‘or other low land, so far as is hecessary for the proper construction and is maintenance of the road which runs through} into the swamp, bog or other low land, ‘and file said order, together with a state- ment of all its doMmgs in reference thereto, inckuding the damages allowed, with the Town Clerk, who shall copy the same into a book to be kept by him especially for that purpose. from such filing, eding the estimated cost of| | sufficient ‘ : ceabre icether with the “outstanding indebt- | sumelent, width to permit euch passing: cent of the as-| ‘The bonds so issued | If not appealed from withif ten days} paid determination and order | unless the center of such trees is more than six Hy a mage deter- mined ‘and awarded, whether “by the Town jor County Board, or by the Court or Jury, together with the charges of officers and other persons necessarily employed in estab: Msbing, altering or vacating any road, shall bp audited by the board making the original sfeeusment. ‘Such board syall sin its report of such audit, specify the amount of damages, nd charges due each individual such amounts shall be certifled to by the board 30 auditing the same, and, in case of Town Roads, deposited with the Town Clerk, and paid, by the Town, and in case of County oads, with the County Auditor, and paid by the Coun: Before any Town Road. is opened or used, an.amount of town orders equal to the damages assessed to each indi- vidual shall be duly “issued ang tea with the Town Clerk for the use and benefit of ssid individual, and delivered to him on demai\d. The issuing and depositing of said orders shall be deemed to be suficient se- curity for the payment of said damages. | ~ GENERAL PROVISIONS APPLICABLE TO ‘ALL ROADS. Regulations Concerning "Use of Roads. Sec. 65. MEETING AND PASSING VEHI- CLES.—When persons meet on uny road or bridge, traveling with vehicles, each shall sea- sonably drive to the right of the middle of the traveled part of such road or bridge, so that the vehicles may pass without interference. ‘The driver of any vehicle passing another vehicle traveling in the same flirection shaly drive to the left of the middle of the traveled part of the road, and, if such road be of the driver of the leading vehicle shall not ob- ‘Struct the same. Sec, 6. INTEMPBRATE DRIVERS.—No person owning or having control of a. coach or vehicle traveling upon road for the conveyance of passengers, employ any Person to drive the same wno is addicted to the excessive use of intoxicating liquors, Every ‘person who violates any provision of this section shall forfeit for each offense psuch sum as the court shall fix, not exceod- ing fifty dollars, and shall also be Mable to any “party fjured for all damages si tained by reason Of such offense; provided, that complaint for such violation shall be made within three months, and every action for damages shall be begun within one year thereafter, Sec. 67. LEAVING HORSES UNFAS- TENED.—No driver of any vehicle used for the conveyance of passengers for hire, shall leave the horses attached thereto, while any passenger remains in or upon the ‘same, with- out securely fastening such horses or leaving some suitable person in charge thereof; andy if any driver shall violate the provisions of this section, he and his employer shall, in an action for damages instituted by any person injured by reason of the violation of this Section, be deemed guilty of negligence. Sec. 68. TRACTION ENGINE—WHISTLE, ETC,—Every engineer, owner, or other person in charge of a traction engine propelled along a road, who shall blow or permit the whistle of such engine to be viown within five hundred feet of a team passing on such highway, if the team can be seen from the position of such engine, or who shall not stop the same at least one hundred feet before meeting a horse or team traveling on such road, unless on a side hill where such stoppage might expose the flues of the engine and cause an explosion, and not start the same until such horse or team shall have passed the engine, shall be guilty of a misdemeanor. : Sec. 69. TRACTION ENGINE—BRIDGES.— Every owner, engineer, or other person ‘in charge of @ traction engine, before taking such engine across q culvert or’ bridges shall place extra planking thereon for the protection of the same, and neglect to do so shall reader him Hable for one-half the expense of repairing any damage caused by his failure to do s0; Provided, the amount so paid by him shall not exceed fifty dollars. Such sum may be recov- ered in a civil action agalfst the owner. REGULATIONS AFFECTING ABUTTING OWNERS. Sec. 70. REMOVAL. OF FENCES.—When- ever a town or county board has established a road through inclosed,. cultivated or improved lands, under any of the provisions of this act, and its decision has not been appealed from, or, { appealed from, its order has been sustained, it shall give each owner or occupant of land through which such’ road is established twenty days’ notice, in writing, to remove his fences, and, if he does, not remove them within such time, it shall cause them to be removed, and the foad to be opened and worked; but no in- closire shall be so opened between ‘April 1 and October 1. Sec. 71. .SEEDING ROADS—TREES.—Any person living upon or owning land fronting on @ public road, @ portion of which is not in ac- tual use or needed for public travel, may plow, level, and seed the same to grass, except witl ing one rod of the center. But he shall not. by such Work interfere with the travel upon the road, or the improvements of the same, or be entitled to compensation therefor, or acquire title to any portion of sald road thereby. Such land owner may plant trees on the sides of such road, within six fect of the outside ling thereof, with the written approval of the Town Board as to Town Roads and the County Board as to County Roads. Any person, other than one acting under the authority of the Town or County Board, which has supervision of any road, who shall plow or dig up any part of a road, except as above specified, shall be guilty ofa misdemeanor. Sec. 72. HEDGE—FENCE IN ROAD.—A person owning property along the line of a road or street sixty f¥et or more wide, who shall plant a close hedge upon such property, may erect a fence upon such road or street not more than six feet from the line thereof, for the purpose of protecting the hedge, and ‘may maintain such fence for five y after the hedge is planted. Sec. 73. TOWN BOARD MAY CUT DOW: HEDGES AND TREES WITHIN ROAD LIM- ITS.—Subdivision (1). The tow! ards of supervisors are hereby given th ht and power to determine upon the neé@ssity and order the cutting down of hedges and trees within road limits. Provided, that trees, other than willow trees, shall not be so cut down port pe final and the Overseer shail proceed|(6) feet from the side of any road as estab- to construct such ditch under the direction of paid Board. An appeal may be taxen from f@ny such determination and order, by any party aggrieved, in like manner a» m_ the ase of appeals. from onlers of the Town Board establishing or refusing to establish a Town Road. Subdivision (5). DITCHES KEPT OPEN.— After such ditch has been opened, the Over- seer shall keep the same in good condition nd free frog obstructions, and for that pur- pose he may enter upon’ the lands through Xhich it passes whenever it becomes neces- ry Subdivision (@. OBSTRUCTING DITCHES.—Any person who shall dam up, obstruct, pr in any way injure any such @itch shail be lable in a eivil action for dou- die the damages assessed for such injury by the court or jury trying the case, and shall also be guilty of a misdemeanor. Subdivision (7). PAYMENT OF DAM- AGHS.—When the amount of damages to be paid to the owners of land taken for such Qitch shall have been finally determined in accordance with the provisions therefor» con- tained in this act, the Town Board shall pro- vide for and make payment in the manner ands taken for a public road. Ree W. SPECIAL. DUTIES OF OVER- SEER.—Whenever any public road in @ town becomes obstructed or unsafe from any cause, the Overseer shall immediately repair suci road, and render his account therefor to the Town Board. APPEALS FROM COUNTY AND TOWN BOARDS. Sec, 61. WHO MAY APPEAL—BOND— NOTICE OF APPEAL.—Any person aggrieved by any determination of a County or Town Board, or of a town Board and Village Coun- efl, either establishing, altering or discontinu. ing, or refusing to establish, alter, or discon- tinue, any, public road, or by any award of @amages made by such Town or County. may appeal therefgpm, within after the filing of such determination or award to the district court of the county, by filing with the clerk of sugh court a bond in the sum of not less than two bundred and arty dollars, aired ido by udge or by the court commissioner or fre USES Tach” county, conditioned to pay ‘all costs arising from such appeal in case Getermination or award is sustained, and ice of a notice of appeal as provided next) section. the Town or County Board deter~ ‘establish, alter or discontinue @ road, no to do, any tax payer of~the io a county road, ahd any tax- the town, as to a town road, through Foch road or any part thereof, passes, me the same right of appeal. ‘OTICB OF APPEAL—WHAT TO JThe notice of grounds of appt ‘or provided by law for the payment of damages | | Board| thirty days| Gpbeal shall state made at the expense of such. owner. fal—whether It re-|case the reasonable cost of such repairs shall |lished by statutory proceedings or dedicated specifically to public use; Provided, such trees or hedges, or either of them,’ interfere with keeping the surface of the road in good order, or cause the snow to drift on to or accumulate upon said road in quantities that materially obstruct travel. Subdivision 2. OWNER TO BE NOTIFIED. —When the town board of any town in this state shall determine that such cutting down of hedges or trees within the limits of such roads {s necessary, or that the sme-would aid materially in keeping such roads in repair or free from snow, they shatl notify the owner or owners of the abutting lands of such deeision and order the trees or hedges cut down within ninety days after such notice. If the sald owner or owners fail or refuse to comply with such notice and order within the time specified, the said town board shall have the power to cause such trees or hedges to be cut down at the expense of the town. ‘The timber and wood of such trees shall belong to the said owner or owners of the abutting land, provided they pay the expense of qitting down said trees or hedges and remove The same from the roadside within sixty (60) day: If such tim- ber or wood is not removed within said time, the town board shall seli the same or destroy it ig it cannot be sold at a profit, and if sold, pay the proceeds thereof into the road and bridge fund of said town. Subdivision (8). EXPENSES TO BP PAIT OUT OF ROAD AND BRIDGE FUND.—The ‘Town Board of Supervisors are hereby granted the further right and power to appropriate and pay out of the Road and Bridge fund of their town, or from any other fund available, the cost of cutting down such trees and hedges and the removal or destruction of the same, if done at public’ expense. ‘ Section 74. TUNNELS UNDER ROADS.— Every owner of land on both sides of a pub- Me road may tunnel under such road to per- mit stock to pass from one side to the other, but he shali at his own expense construct such tunnel so as not to endanger the public in the use of such road. Before constructing such tunnel, the land owner shall obtain trom the Town Board of the town in which it is located, its approval of the place, the kind @f tunnel, and the manner of its construction. if the tunnel be constructed without such aj proval, it shail be valid, unless within one year from its completion said Town Board shall cause the same to be abated. Bridges over tunnels shall be not less than sixteen feet wide, properly pro- tected with raflings, and constructed irri materials jad to be safe for travel; an , within one Year after the constr Of “such “bridge, the Town Board ‘shaly deem it Or its appurtenances inSecure, it may cause the same to be put in the proper condition at the expense of {ts owner, and, whenever said Board shall deem the tunnel out of re- pair, it may cause the necessary repairs to be In either Fthe damages assessed, or to the es-|be certified by the Town Clerk to the County ‘altering, or discontinuing a road, refusal so to do, aud whether it fs Mig reverse entirely the decision of the GF some portion thereof, and, if the whet portion- It shall be signed by ‘appealing, or his attorney, and pon the chairman of the Towh or as the case may be. A copy the appeal is from -the action all be filed with. the when from that he Clerk of each vn in which such’road may be located, Sec. 63. PROCEEDINGS ON APPEAL.— Such appeal shall be entered upon the cal- SB. Fer trial at the next general term of fhe court occurring more than twenty days after the mppeal is: perfected. ~ Except where the parties otherwise agree, the court or jury shall. reassess the damage, unless such’ re- assessment is rendered unnécesary by the de- termination of other matters involved; \but jis proceedings shall be based upon the same principles which the board was. required to foliow ‘in its determination. Upon final judg- ment. being rendered, the Clerk shall file @ certified transcript thereof, with the County ‘uditor, if the appeal was taken from the ‘action of the County Board, and with the Clerk of each Town affected by such de- lin the same manner as the road: taxes. |vided, that when any such public road’is fon a Auditor and by him assessed upon the land Pro- 01 Hon or sectional. subdivision line, the owner of the Jands on both sides of such ‘road shall be permitted to construct an appro- priate tunnel to be approved by the town board of such town, which tunnel the owner shall maintain at ‘his own expense for the first year and which shall be thereafter maintained by the town board at the expense of thet town. Section 75. ROADS ON MINERAL LANDS. —Whenever @ public road crosses mineral lana or other lands outside the limits of any city, village or borough, which’ the owner oF lessee desires to mine in such way as to re- move the supports of the road or to improve safd lands by building any structure ‘or build- ing. thereefi, he may, at his own expense, change such road to other land, and make new road thereon, suitable for ‘public travel; provided that no such change of road on lands other than mineral lands. shall be made uniese the same be first approved by the Town Board and the State Highway’ Com- mission, and the new road be first constructed, and approved by said Town rd and said Highway Commission; and, if he cannot obtain by any guch board or council, Toe Wane Weis ke alee ix Uae Gham places: along said road, which said notice shall, state the time when said road shall be Sec, 76, DEDICATION BY USER.—When- ever ‘any road or portion thereof shall have been used and kept in repair and worked for at least six years continuously as a public ighway, the same shall be deemed dedicated to the public, to. the width of two (2) rods on each side of the center line thereof, and be and/remain, unti) lawfully vacated, a pub- lic road, whether the same has ever been es- tablished as a public highway or not, Sec. 77. USE OF RAILROAD RIGHT OF LE ge od continued use of any road by the public upon and parallel to the right of Way of any railroad company shall not con- stitute such road a legal highway, or 2 charge upon the @own in which the same is situated, and no right shall insure to the pub- lic or any individual by such use: Sec, 78. ALTERATION OF ROAD-—OLD ROAD OPEN TWO YEARS,—Whenever a road shall be changed by order of a County or ‘own ‘Board, the road as it existed before the change shal] remain open to public travel for two years from the date of the order; but the Board may vacate such road within said two years when it deems the new road to be fit for public travel at all times, of the year. Sec, 78.® ROAD DECLARED ABANDON- ®D.—A public road in any county having a population of two hundred thousand or more, outside the limits of any city or village, which has been acquired or established In any manner other than by grant, deed or condemna: tion, or of which there is no public record, which has not been used for_public travel and on which no road: tax has been expended for three years, shall bé deemed vacated; and the title reto shall at once revest in the origina! owner of the land, his suc- cessors Or grantees, without any proceedings, except as follows: Any person haying an in- terest im-the land, and claiming such vaca- tion, shall p at least six notices in con- spicuous places in the town, including one at each end of the portion claimed to be va- cated, and give thirty days’ written notice to the Town Board, specifying in each such no- tice his claim, and a description of the road sufficient for identification, before he shall do any act to interfere with public trevel; but, where such road has been inclosed for’ three years, no notice shall be required. If the Town’ Board, after notice, shall determine that such road has not been so vacated, it shall so notify the. cli nt in writing, within thirty days thereafter, who shall not inclose or in- terfere therewith until the question of its va- cation has been lawfully determined. Failure to serve such notice shali be deemed a waiver of all yight to question such vacation. Sec. . TOWN BOARDS TO CONSTRUCT CULVERTS.—the Towa Boards are hereby re- quired to install one substantial culvert for an abutting owner in cases where by reason of grading a public highway, the same is ren- deréd necessary for a suitable approach upon said higuway over, @ttvewars, irom abutting jandg. MISCELLANEOUS PROVISIONS. Sec. 81 CONDEMNATION OF GRAVEL BEDS, ETC.—Whenever any County or Town Board or Common Council of any village or city, shall deem it necessary for the purpose of building or repairing public roads or streets Within its jurisdiction, It, may prochre, | by purchase 6r condemnation, in the manner pro- vided by Jaw (the procedure in such co! demnation proceedings shall, as near as pracy ticable, be that provided in chapter 41 of the Revised Laws of Minnesota, for 1905 and such proceduré shall apply to ‘condemnation pro: ceedings under this section) any plot of ground, not exceeding five acres, containing gravel'or stone, or clay, or sand or one or more of such road materials, suitable for road purposes, together with the right of way to the same of sufficient width to allow teams to pass, and on the most practicable route to the nearest public road. Sec. 82. SIDH ROADS,—The County Board of each county, and the Town Board of each town, may establish side roads and ford crossings adjacent to or near any bridge over @ stream in its county or town, when such bridge was built at an expense of not less than one thousand ‘dollars and forms part of @ public road. Such side road shall intersect suth main road at the nearest practicable point. It shall net be less than two nor| more than four rods wide. In other respects the same proceedings shall be had as are re- quired by Jaw for establishing county or town roads as the case may be. Sec, 83. BRIWGES, OVER MINNESOTA RIVER—RATES, OF TOLL,—Any corporation organized for the purpose, or any counties, towns, cities or villages interested, may joint- ly or separately erect and operate a fixed span bridge over the Minnesota river at any suitable point, down to and including the bor- ough of Le Sueur. All such bridges erected over said river below Le ‘Sueur shall be pro- yided with a suitable draw, with an opening of not less than eighty feet, which on rea- sonable signal or, notice, ‘shall be opened to allow the passage ‘of vessels. Before any such bridge is erected, the location and plan thereot shall be approved by the Governor. Any corporation maintaining a bridge over said river may charge and receive the follow- ing rates of toll from ail persons using the same: For each foot passenger or bicycle rider, five cents; for each hog, sheep or calf, two cents; for each head of cattle, five cents; for each vehicle or sleigh drawn by one animal, twenty cents; for each additional ani- used, five cents; for each automobile, twenty cents; for any other vehicle or ani- mal, a‘ reasonable rate of toll. Such rates of toll may be changed by law whenever the net annual income froma such bridge shall exceed a reasonable percentage of, the cost thereof. Sec. 84. BRIDGES OVER NAVIGABLE WATERS—Whenever in the opinion of the Board of County Commissioners of any coun- ty or Supervisors ef any town, or the Board of Trustees or Council of any city or vil- lage of this State, it becomes necessary, for the purpose of accommodation of travel om any highway, to erect a briege over any river or waterway within their respective jurisdic- tions, the naVigable portions of ‘which river or waterway lie wholly within: the limits of the State, such Board or council may cause the erection of a fixed bridge over such river or waterway without a draw; provided, the clear Height above the ordinary high water stage of such waterway and the clear width of the opening, shall be sufficient to accomo- date the ordinary navigation of such water- way; and provided further, that the loca- tion ang plans, thereof are ‘submitted to and approved by the Chief of Engineers of the United States Army and by the Secretary of War, before construction is commenced, Sec. §5. |'SECURING FREE USE OF TOLL BRIDGB—Any counties, towns, cities or vil- lages interested may secure the free public use of any toll bridge now or hereafter built across any streams in this State, and may jointly or severally, together or’ separately enter into any contract with the owner of such bridge, or with each other or with each other and the owner of such bridge, as they shall deem proper, to secure such “free public use of such bridge, whether by purchase, lease or otherwise. Sec, 86. FINAL PAYMENT ON ROAD CONTRACT—Final payment shail not be made on any contract for road work by any county or town board where the amount in- volved in the contract exceeds two hundred dollars, until an Assistant State Engineer has examined the work and certified that the same has been properly done and per- formed according to contract and his certif- icate to that effect shall have been filed in the office of the County Auditor of the coun- ty, or Town Clerk of the town, as the case may be. Such examination shall be made and such certificate shail be filed by the Assistant Engineer, within thirty day's from the date of written notification by the contractor to the State Engineer of the completion of the work. Any County Auditor or any Town Clerk who issues a #arrant or an order in final payment upon a road contract where the amoupt involved in such contract exceeds the sum of two hundred dollars, until such certificate shall have been filed, shall be deemed guilty of 2 misdemeanor. The provi- vions of this section shall not apply to any county now having or which may hereafter have a population of One Hundred Fifty Thousand (150,000) inhabitants or over and a county superintendent pf highways, or other officers to superintend the construction or improvement of roads within its confines, Sec. 87, STATE ENGINEER TO _IN- SPECT BRIDGES—It shal] be the duty of the State Engineer to make an annual inspec- tion of all bridges exceeding thirty feet in length, as far as time and con- ditions permit, and Teport the condition of the same to the Highway Commission and the appropriate County Board, and make such recommendations as he may deem advisable. Sec. 88. COUNTY BOARDS AUTHORIZED TO RECONSTRUCT AND REPAIR BRIDG- BS,--Subdivision (1), “Whenever it shall be- come necessary to reconstruct or repair any bridge upon any county or town road in ‘any town or towns or ‘upon any town line in this State and the said bridge is unsafe for travel or has been condemned bythe proper authorities, and the said town fails, neglects or omits to construct, reconstruct o1 repair the same, or provide for the expense and cost of so constructing, reconstructing or repairing the same, the County Board of any wn county in which said town is located hall have the power and authority and are hereby given power and authority t6 recon- struct or repair any sucit bridge, oer Bivi notice to the Town Board of such town Of their intention to do so and fixing a time land place for hearing the necessity and advisa- bility of making such reconstruction or repair. Subdivision (2). STATEMEN'T TO BE PRE: PARED IN DUPLICATE.—When any Ceunty Board shall haye reconstructed or repaired any such bridge as hereinbefore provided, such County Board ‘shail cause to be. pre- pared ‘an itemized statement. in. duplicate, -of| the cost of such reconstruction or repair.- One of such statements shall be filed with the ‘County Auditor and the other filed in the office of reconstructing or See ring such bridge. Se, BO. OESTRUCHION “OF OR Das- AGE TO HIGHWAYS.—Any person who shall, with intent to prevent the free use thereot by the public, obstruct any of- the public highways of this State in any manner, or who shall dig any holes therein, or remove any earth, vel or rock therefrom, or any part therect, or who shall in any’. manner obstruct any ditch on the side of any su highway, and thereby damage the same, shall be guilty of a misdemeanor it is hereby made the duty of the members of the Town Boards of the ‘several towns of this State to make complaint and ute all violations of the provisions of this section. Sec, 90, REMOVING SNOW.—It shall be the duty of the Town Board of each town, £0 far as funds are available for the expense thereof, to keep all highways within their towns ‘in a passable condition by the re- moval of snow therefrom; and for that pur- pose the «Road Overseer is authorized to em- ploy, by and with the consent of the Town Board, such men and teams as may be nec- essary for the purpose. The ‘Town Board nray also provide for the erection of snow fences when deemed desirable. See. 91. REPEAL.—All laws and parts of laws ‘inconsistent with the provisions of this act are hereby repealed. ‘The following laws and parts of laws are hereby expressly repealed, to-wit Subdivision (1) GENERAL LAWS, 1905. All of Chapter 13, Revised Laws of Minne- sota, 1905, except Sections 1246 to 1254 there~ of inclusive. Subdivision (2). GENERAL LAWS, 1905. 824,70, 80 All of Chapters 66, 116, 245, 161 and 215 of the General Laws, 1905. GENERAL LAWS, _ 1907. 173, 262, 285, 458 Subdivision (8). All of Chapters 423, 361, and 19 of the General Laws of 1907. Subdivision (4). GENERAL LAWS, | 1909. All of Chapters 304, 117, 50, 484, 890, 201, and 432, of the General Laws of 1909. Subdivision (6). GENERAL, LAWS, 1911. All of Chapters 217, 100, 850, 878, 855 anq 70 of he General Laws, 1911. x Provided, however, that the implied repeal by the provisions of _this act, of any law now “in force shall not t any action or proceeding now pending in any Cour or any cause of action which has already ac- erued under such law so repealed, or any proceeding which at the time of thé passage of this Jaw has been instituted for the es- tablishment, vacation, alteration, laying out, coristruetion or repair of any road or the as- sessment and payment of damages therefor, or the collection and enforcement of any taxes levied or assessed for road purposes, including road labor assessed, and any such taxes uncollected at the time of the passage of this act shall be collected and the payment there- of enforced under the provisions of law ex- isting at the time of such levy and assess- ment. Nothing‘in this act shall repeal or in any way affect the provisions of Chapter -254, Laws 1911. : Sec. 92.\This act shall take effect and be In force from and after its passage. Approved April 15, 1913. or ~ CHAPTER 236—S. F. No. 7. AN ACT to amend Section 6171 of the Re: Yised Lawa of, 1905, relating to Peace. Of- ers. Be it enacted by the Legislature of the State of Minnesota; c Section 1. That Section 5171 of the Revised Laws of Nineteen Hundred and Five be and the same is hereby amended so as to read as follows: “Section 5171. Every state or municipal of- ficer who shall appoint, swear in, or allow any person to act as policeman, special police- man, constable, special constable, patrolman, militiaman, or’ otherwise as a peace officer, for the purpose of bearing arms or maintain: ing the peace, or as a detective, spy, or secret agent, with authority to bear arms ‘and make ‘arrests, and every person acting in any such capacity before he shall have become a legal voter of the state, shall be guilty of a gross misdemeanor; provided, however, that nothing in this. section ‘be held to prohibit the appointment of females who are qualified voters “under section Bight of Article Seven of the Constitution of Minnesota, to be police women, special pqlice women, or detectives, in any incorporate city when the same shall be authorized by ‘the governing body thereof.’” Sec. 2. This act shall take effect and be in force from and after its passage. Approved April 11, 1918. CHAPTER 237—S. F. No. 54. AN ACT relating to the title to phoperty ac- quired by any woman in her owa name’ dur ing any period of time in which she shall have been or may hereafter be legally sep- arated from her husband and relating to the conveyance thereof, and declaring convey- ences. of any such property heretofore,made valid. Be it enacted by the Legislature of the State of Minnesota > Section 1, That all property, real and per- sonal, acquired by any woman in her own name’ during any period of time in which she shali have been or may hereafter be legally Separated from her husband by a decree of any court of this state, shall be and remain her separate property during the continuance of such separation and, any such real property may be conveyed »by her without her husband joining in the deed of conveyance and all such property may. be conveyed, sold and di of by her without her husband joining with her in the conveyance thereof, and any and all conveyances of such property heretofore made. are hereby declared legal and yalid and the same and all such are declared valid, provided, }yhat nothing in this act contained shall sppiy fo any action or proceedings now pepding in any court in this state. 2. All acts and parts of acts ineon- sistent with this act are hereby repealed. Sec. 8. This act shall take effect and be in force from and after its Approved April 11, 191i CHAPTER 288—S. F. No. 81. AN ACT to create a division for the deaf in| the Bureau of Labor and prescribing the duties thereof. * Be it enacted by the Legislature of tha State of Minnesota: eae Section 1. There shall be created in the Bureau of Labor a division Sec. 2. The Commissioner of Labor. shall appoint a Competent man to take charge of such division, who shall devote his time to the special work of labor tor the deaf, under the supervision of the pig trap He shall collect statistics of the , ascertain what trades or occupations are most suitable for them and best adapted+to promote their interest, and shall use his best efforts to aid fem ih securing such employment as they may be fitted to engage in, a ‘He shall keep a census of the deaf and ob- tain facts, information and statistics as to their condition in life with a view to thé betterment of their lot. He shall endeavor to obtain statistics and information of the condition of labor and employment and edu- cation of the deaf in other States with a view the general welfare of the deaf Sec. 8. He shall be designated as Chief of the Bureau of Labor for the deat. Sec. 4, This act shall take effect and be in force’ from and after its passage. ; Approved April 11, 1918, CHAPTER 239—S. F. No. 117. AN ACT to amend Section 4073 of the Re- ‘vised Laws of Minnesota for the year 1905, relating to a limitation of time for the re. SOvery, of real: SatRTR, or) toe: ponteaaton ereof. p Be it enacted by the Legislature of the State ‘of Minnesota: Section 1. That Section 4078 of the Revised Laws of Minnesota fér the year 1905, the same Is hereby amended so a# to read at follows: “Section 4073. .No action for the recovery of real estate, or the -posséssion thereof, shall be maintained unless it appears that the plain- tiff, “his ancestor, predecessor or grantor, was seized or possessed of the premises in ques- tion. within fifteen (15) years before the be- ginning of the actio Provided, however, such limitation shall not be @ bar to an action for the recovery of real estate assessed aS tracts or parcels separate from other real estate, unless it appears that the party claiming. titje by adverse possession or his ‘ancestor, predecessor, or grantor, or all of them together, shall have paid taxes on the real estate in question at least five (5) consecutive years of the time during which he claims said lands to have been. occupied ad- versely, ‘Providing, further, that the provisions of the foregoing proviso.shall not apply to ac- tions relating“to the Boundary lines ef lands, which boundary lines are established by ad- tse possession, or to actions concerning lands {Included between the government or landhal line and the line established. by. Adverse possession, or to lands not ai for taxation.’ Bec. 2. now pending in any court. See. & in force from and after October Ist, 1913, ‘Approved April 11, 1018. Re (CHAPTER 240-8. F. No. 119. AN 0 legal! veyances of real prop-| erty made! by jhusband or wife whose pepe was insane. by separate without the! jie notice for ‘which the proposed issue devoted .to the| be be and| ax ‘and the letting of contracts by school} ‘This act shall not affect any action, is act shall take effect and de| ( This act shai) take effect and pe In and after first day of Y, 1913, Approved April, 11, 1913. IAPTER 241—S. F. No. 255. AN ACT ‘to amend Section 4111, of the Re- vised Laws of 1905, relating to the of summons by publication and personal service thereof out of the state. Be it enacted by the Legislature of the State . of Minnesota: tion 1. ‘Phat Section 4111 of the Revised Laws of 1905, be and the same is hereby] amended s0 as to read as follows “Sec. 4111. In any of the cases mentioned in Section 4112, when the sheriff of the coun- ty in which the action is brought shall, have duly determined that the defendant cannot be found therein and affidavit of plaintiff or his attorney shall have been filed with the Clerk, stating the existence of of such cases and that he believes the defend- apt fs not a resident of the state, or cannot be found therein, and either that he has mailed a@ copy of the summons to the defendant at his place of residence, or that such residence is not known to him, service of the summons may be made upon ‘such defendant by three Weeks published: notice thereof; Provided, that personal service of such summons without the State proved by the affidavit of the person making the same, made before an authorized officer having a seal, shall have the same ef- fect as.the. published notice herein provided for."* Sec. 2. This act shall take effect and be in force from and after July 1, 1913. Approved April 11, 1913, - _ CHAPTER 242—8, F. No, 267. AN ACT entitled “an act to authorize cities in the State of Minnesota now or hereafter having a population of not more than twen- ty thousand (20,000) inhabitants, and opera- ting under a home rule charter, and not Jess than ten thousand (10,000) inhabitants to issue bonds for the purehase or the con- struction. of city ‘hospitals and for acqui ing sultable sites and \ds_therefor.”” Be it enacted by the Legisfature of the State ‘of Minnesota; Section 1. Any city in the State of Minne- sota now or hereafter having a population of not more than twenty thousand (20,000) in- habitants and.not less than ten thousand (10,- 000) inhabitants is hereby authorized and em- powered, acting by and through the council, common’ council or city council of such city, to issue the bonds of such city from time to time in such sums as may be (deemed nec: essary; not, however, exceeding ‘in the ag- gregate twenty-five ‘thousand dollars ($25.~ 000-00) par value; the proceeds thereof to be used solely for the purpose of purchasing or constructing city hospitals and for acqufring suitable sites and grounds therefor; provided, that before any such bonds be issued, the issuance thereof be approved ky three-fifths of the voters voting on the question, at a special election called for that purpose, or by @ majority of those voting atthe regular city election, in the notige for which the proposed issue shall have/been™ plainly sub- mitted for approval or rejection. ‘Sec. 2. The bonds authorized by Section One of ‘this act, or any portion thereof. may be issued and ‘sold by any such city not- withstanding any limitation contained in the charter of such city or in the law of this state, prescribing or fixing any limit upon the bonded indebtedness of such city; but, the full faith and credit of any such city shall at all times be pledged for the payment of any bonds issued under this act,“and for the current interest thereof, and ‘the council, common council or city council of such city hall each year include in the tax levy. for such city a sufficient amount to provide for the payment of such interest, and for the accumulation of a suitable sinking fund for the redemption of such bonds at their ma-| turity. ‘ Sec. 3, No bonds hereunder shall be issued by any such city for the purposes herein au- thorized, to run for a longer period than thirty years; or bearing a higher rate of interest than five and one-half per cent (5%) per annum, but. the place of payment of the principal and interest thereon and ‘the de- homination in which the same shall be issued shall be such as may be prescribed by the eouncil, common council or city council, and may be in the form of coupon bonds or reg- istered certificates, so-called, “All such bonds shall be signed by” the Mayor, attested by. the City Clerk, and shall be sealed with the seal ‘of such city; provided, that the signatures to the coupons attached to such bonds, if any, may be lithographed, thereon, and’ none of said bonds shall be sold at jess than, their par value and accrued interest, and then only fo the highest responsible bidder therefor. ‘Sec. 4. ‘This act shall also apply to cities existing under a charter framed” pursuant Section 36 of Article 4 of the Constitution, Sec. 5. This act shall take) effect and be in force from and after its ‘Approved April 11, 1913. CHAPTER 243—S. F. No. 268. AN ACT entitled ‘‘An Act to authorize cities in the State of Minnesota now or hereafter having a population of not more than twen- ty thousand (20,000) inhabitants, and operat- ing under @ home rule charter,’ and not less than ten thousand (10,000) inhabitants to issue bonds for the purpose of constructing: city halls and city lockups and for acquiring suitable sites and grqunds therefor." Be it enacted by the Legislature of the State of. Minnesota: * Section 1. Any city in the State of Min- nesota. now having a population of not more than Twenty Thousand (20,000) inhabitants and @enot less than ten thousand~(10,000) inhabitants, is hereby the bonds five Thousand apthorised ahd empowered to issue such city not exceeding Seventy- lars ($75,000) par value; the proceeds thergof to be used solely for the pur- se of constructing a City Hall and City kup in such city and for acquiring suitable sites and grounds therefor; when approved by three-fifths of the voters voting on the ques- tion, at a special election called for that pur- pose, or when approved by a majority of those voting at the regular city election, in ave been plainly submitted for approv: rejection, . 2, The bonds authorized by Section One of this act, or any portion thereof, maj be issued and sold by such city notwithstand- ing any limitation contained in the charter of such city or in the laws of the State, pre- scribing or fixing any limit upon the bonded indebtedness of such city; but the full faith and credit of any such efiy shall at all times jledged for the payment of any bonds is- su jer this act, and for the current inter est thereof, and the council, common council. or city coimeil of such city shall each year include in the tax levy for city a suf- ficlent amount to provide for the payment of such interest and for the ulation of a uitable sinking fund for redemption of. such bonds at their maturity. See. 3, No bonds hereunder shall be issued by any such city for the purpose herein au- thorized, to run for @ longer period than thirty years, or bearing a higher rate of in- terest than five and one-half (5%%) per cent per annum, but the of payment of the principal and interest thereon and the de- Romntnation in which the same shall be issued, shall be such as may be- prescribed by the council: common council or city council, and may be in the form of coupon bonds or regis- tered certificates, so-called. All such bonds shall be signed by the’ Mayor, attested by the City Clerk, and shall be sealed with the seal of said city, provided, that the signatures to the coupons’ attached ‘to such bonds, if any, may be Mthographed thereon, and none of sai bonds shall be sold at less than their par value and accrued interest, and then only to the highest responsible bidder therefor. ‘Sec. 4. ‘This act shall also apply to cities existing under a charter framed pursuant to Section 86 of Article 4 of the Constitution. ‘Sec. 5. This act-shall take effect and be tn force from and after its passage. Approved April 11, 1913, or CHAPTER 244—-S, F. No, 284. ACT relating to the advertising for bids boards of common and independent school districts. 3 Be it enacted by the Legislature of the ‘State of Minnesota. Section 1. No. contract for worl or labor, or for the purchase of furniture, fixtures, or other property, or for the ‘construction’ or ir of school houses, the estimated cost or value of Which shall ‘exceed Five Hundred Pollars ($500.00), shalt be made by the School Board of any common or independent school district without ‘first, advertising for bids or D Is in some newspaper of the county Toy, two @) weeks, published notice in the cliy or village) located nearest to the school @istrict in which such contracts are proposed to be let, (or some newspaper published in. the County. Seat in such: County). Such notice Shall state the time and place of awarding the contract, and contain a brief description of the work to be performed, materials to be furnished or building to, be constructed or_repaired. ‘sec. 2 Every such contract shell be awarded to the lowest responsible bidder, Shall be duly executed in writing, and the person to whom the same is. awarded shall give a sufficient Yond to sthe Board: for its faithful performance, and otherwise, condi, wired ‘by Sections 4535, 4538, 4535), Revised Laws, 1905. as If no’ satisfactory: bid ts received, ‘Board may readvertize. Every cont without | ogmpliance with the provi: of this aet shall be void; provided, that Sens the nubile interests. would reto, where the: i woul delay. contracts for repairs tems aot AN ACT to locate and establish the fAtth State Fish Hatchery in the eran ad Yel- low Medicine, within the city its of the os of Granite Falls, in the of Chippewa, within the city limits of Granite Fall or within either or and to authorize abd direct the Board o Game and Fish Commissioners in the State of Minnesota to acquire a site therefor and to equip, develop and maintain the same and to appropriate money therefor. Be it enacted by the Legislature of thé State of Minnesota: . Section 1. That the Fifth State fish Hatchery for the propagation and cultiva~ tion of fish under the laws of this state, shall be, and the same is hereby located at or ng the city limits of the City of Granite ‘in the County or Yellow Medicine, State of Minnesota, or wxthin the city limits of Bast Granite Falls, m the County of State of Mi ta, or within shall be known shery. State Fish Hateh-| ery shall be subject to the management and control of the Board of Game and Fish Com- missioners of the State of Minnesota, as now exists by virtue of the laws of this’ State. Sec. 3. The said Board of Game and Fish Commissioners are hereby authorized, em- powered and directed as soon “as practicable after the passage of this act, to acquire by gift; in the name of and on bebalf of the State of Minnesota, any real property, lands, premises, right of’ way or easement, public or private, fent or proper for the establishment, equip- ment, maintenance and development ot said fish hatehery and grounds, and for the pur- pose of g and conducting to and from sald hatchery waters necessary or desirable for the use of said hatchery in such manner ag the Board of Game and Fish Commission- ers may deem fit. Sec. 4. The said Board of Game and Fish Commissioners © are hereby authorized, . em- powered and directed as soon as practicable after the passage of this-act, to erect upon the premises so acquired, a pfke-perch hatchery, Such buildings and equipments as in its juda- ment ft may deem necessary for the pur- poses of this act. Sec. 5: This act shall take effect and be in force from and after its passage. Approved April 11, 1913. or CHAPTER 247—8. B. No. 852. AN ACT to amend Section 2871 of the Re- vised Laws of 1905, relating to the amend- ment of certificates’ of incorporation of cor- portions, Be it enacted by the Legislature of the State ~of Minnesota: Bection 1. That section 2871 of the Revised Laws of the State of Minnesota for the year 1905 be and the same hereby is, amended so as to read as follow: y “Sec, 2871, The Certificate of Incorpora- tion of any corporation now or hereafter or- ganized and existing under thé laws of this State may be amended so a to change Its corporate name, or s0 as to increase its cap; {tal stock, “or so as to change the ‘number and par value of the share of its capital Stock, or In respect of any other matter which an original ce of a corpora- tion of the same kind might lawfully have contained, by the adoption of a resolution Specifying the proposed amendment, at a ular meeting or at a special meeting called for that expressly stated purpose, in elther of the following ways: (1) by majority vote meta), bye majority ‘vote of lis Tioeabatks. Bee 2 = majority vote of its holders ge members, and rs or mem! Slution to be embraced in a certificate executed by its Rd and secretary, or fte ‘corporate seal, and apotores filed, act shall take effect in force from and after Approved April 11, 19: >| CHAPTER 248—S. F. No. 415. AN ACT to amend Section 1539 of the Revised| ‘Laws 1905, as amended by Chapter 483 of| ‘the General Laws of Minnesota for the 3907, as further amended by Chapter the General Laws of MinneSota for 1909, re- lating to the distribution of liquor license| money. f Be it enacted py \the Legislature of the State ‘ot Minneso' “ Section 1. That Section 1589 of the Revised Laws 1905 as amended by Chapter 438 of the General Laws of Minnesota for the year 1907, and as further amended by Chapter 450 of the General Laws of Minnesota for 1909, be and the same hereby is further amended so that| said_ section shail read ag follows: “Section 1539. All mohey paid in. to ‘the County Treasury for liquor licenses shall be credited one-half to the County Road and Bridge fund and ‘one-half to the Road: and Bridge of the town in which the drink- ing place is situated, yt that in counties having a population’ of 275,000 or more in-| habitants, the entire amount of such liquor| Iicense money shall be credited to the road and bridge fund of the town in which the drinking, place from which such money came is situ Bted. All money paid into. any municipal treasury except cities of the first, second and third class, shall be distributed as follows: ep per cont therent, shalt be paid into a! fund to be a ted as a ‘road improvement fund,’ and shall be expended under the direc- ‘of the Common Couneil or governing body of such municipality in the repair and irp- provements of roads outside of but leading in Such municipality. The Temaining ninety per: cent shall be credited to the General fond of the municipality issuing such license. \Pro- Dibethapd to" cat Chapter 43 of the ‘Special construed to pter Laws of the State of Minnesota for the year 1899.’ , Sec. 2. Ks eRe Om cece a ; ines force from ‘Approved: April CHAPTER '249—S. F. No. 475, AN ACT regulating the appoint duties ‘and ccmpensstion of a Phouogesphis re: porter for the District Court in districts: Peas a aitie Sot hag pops: comprise, a single county having a 3 tion cf ‘more than two hundred thousand (200,000) and less than two hundred ninety- two’ thousand 000) inhabitants. Be it enacted by ‘the Legislature of the State of Minnesota. Bection 1. ‘That the Judges of the District Court in sny judicial ict in state, which comprises, or which may. hereafter a. aingit ‘county having @ popula more tl two hundred thousand (200,000) and. less two hundred ninety- Bigemearaphis reporter, "w sworn officer of said court, and who shall his office “during the pleasure of the]; ‘him, and shall devote and attention.to the duties and shall not accept other The ti dollars | ($13. annum, pay- Rev cay stata of ASMke Treasurer of the county comprised in su judicial district, from any funds In hei hands’ not otherwise appropriated. | Provided, how. er, that in said Judges shall ‘exceed six (6) in number, the compensation of said ter shall be increased two thousand dol- |e lars ($2,000) per annum for each additional judge. 3ygSS; 2. Tt shall be the duty of sald phono- yhic reporter to take or cause to be (aken fall phonographic notes of ail trials and pro- ceedings in sald court before the Judges. so ating him, whenever ao directed: “said fudges; -and said reporter shal an ity of tary to weld, TudES “ sree eo “{nem, “or elther of. weit, taking notes af ane nding in 5 oF Meta Mequrt! or at chmibers, "and ate ‘eh said. porter shall, when requested by said formishing © copy ot a not eetion in said cour a to Judges. or Naf es that may be necessary, ‘conven | said res duly | the 5 3 8 : at z tt ; 5 iret & yee