Location of road in lieu of that SEO. 2. That in lieu of the portion of the road hereby vacated, the said road shall run on the section line beportion vacated tween sections five (5) and eight, (8) of the township and range mentioned in section one (1) of this Act, to the south west corner of said section five, (5) thence north on the section line between sections five (5) and six, (6) till it intersects the said Waterville and Owatonna State road, as now located. Act, when to take effect SEC. 3. This Act shall take effect from and after its passage. Approved March 6th, A. D. 1861. CHAPTER XIX. An Act to Authorize the City of Wabashaw to Loan its Bonds to the Mississippi Plank Road and Ferry Company. Who to issue amount. 5. Provision for the payment of interest and principal of said bonds. 6. Subject to be submitted to the electors of said incorporation. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. The common council of the city of Wabonds in what bashaw may issue bonds under its corporate seal and the signatures of the Mayor and Recorder, to an amount not to exceed six thousand dollars, and may loan the same to the Mississippi Bottom Plank Road and Ferry Company, a company incorporated by the legislature of the State of Wisconsin and approved by the Governor March 31st, 1860, to be located in the county of Buffalo in said State. In what sums each-to bear what interest SEC. 2. The said bonds to be issued in sums not less than twenty-five dollars each, and to bear interest at the rate of twelve per cent. per annum interest, payable an nually at the treasurer's office in the city of Wabashaw, and the principal reimbursable at any time within twelve years from the time of issuing. ditions bonds to SEC. 3. No portion of the above recited bonds shall be issued or loaned to said company until tho following requirements have been carried fully into effect, viz: Under what conThe Mississippi Bottom Plank Road and Ferry company be issued shall execute to the city of Wabashaw its mortgage to the amount of six thousand dollars on their real estate, road, ferry and appurtenances, to secure the payment of the interest and principal of the bonds to the city, herein authorized to be issued and deliver SEC. 4. Upon the execution and delivery to the common council of the bond and mortgage, as provided for Who to execute in the preceding section, the Mayor and Recorder of the bonds-in what city shall execute and deliver to the Mississippi Bottom sum limited Plank Road and Ferry company, the bonds of the city as authorized by the first section of this Act. The bonds shall be issued from time to time, as the same may be required by the company, but no issue shall be made at any one time exceeding the sum of one thousand dollars, and after the first issue shall have been delivered to said company, no subsequent issue shall be demanded or authorized until the company has furnished satisfactory evidence to the common council of said city, that the ceeds of the preceding issue of bonds have been actually expended for the construction of said road and ferry, and that the additional issue called for is necessary for the further prosecution or completion of their work. pro SEC. 5. The entire revenue of the road and ferry from tolls, after deducting necessary expenses and repairs, shall cipal and interest of said bonds be pledged to the payment of the interest and principal Provision for the of said bonds, and shall be paid quarterly to the treasu- payment of prinrer of the city of Wabashaw by said company, and shall be appropriated by the common council of said city for no other purpose except for the payment of the interest and principal on said bonds. In case said sum should be inadequate for the prompt or full payment of the principal or interest due on said bonds, the common council of said city of Wabashaw shall and are hereby authorized to levy a special tax at any of their meetings in the month of August in each year, for the purpose of meeting any deficiency in paying said bonds, on the taxable property Subject to be electors of said incorporation of said city, to be collected and paid over to the Treasurer of said city at the same time other taxes are, which shall not be appropriated for any other purpose except in satisfaction of said Bonds. Said tax in no one year shall exceed two mills on the dollar. SEC. 6. This Act shall not take effect until it has been submitted to the electors of the city of Wabashaw, qualsubmitted to the ified to vote at an election for charter officers of said city, which election shall be held for the purpose of determining whether it is expedient for the common council of said city to loan the corporate bonds to the said company as herein provided. The said election shall be conducted in the same manner as the charter election is now conducted in said city, and all the provisions of law relating to the same are hereby extended to, and made applicable to said election. The said inspectors of said election shall provide a box in which each elector qualified to vote at the time of said election shall deposit a ballot, on which shall be written or printed the words, "For the Loan," or the words, "Against the Loan. The said ballot box shall be kept open for the reception of ballots from twelve o'clock M., until five o'clock P. M., and the said inspectors shall immediately thereafter, canvass the ballots deposited, and certify the same to the common council of said city, the result of canvass designating how many votes were received for the loan, and how many were received against the loan. And said common council shall cause the same, within one week after said election, to be recorded in their minutes of proceedings, designating the number of votes given for the loan and also the number given against the loan, and certify to the Road and Ferry company, that the same has been approved and confirmed or not approved and confirmed, as the case may be, by a majority of all the electors who have voted at said election. Act, when to take effect SEC. 7. This Act shall take effect from and after its passage. Approved February 25th, A. D. 1861. CHAPTER XX. An Act relative to the Fort Street Road, in the County of Ramsey. SECTION 1. Said road to continue as laid out, and platted by the acts approved July 27, 1858, and May 23, 1857. 2. 3. 4. 5. 6. 7. Commissioners appointed-who to fill vacancies in case of neglect to serve. Sale-how to be conducted. Damages and benefits due to and from the same person-how satisfied. 8. Duty of Treasurer after sale shall be concluded. 9. Compensation of commissioners and secretary. 10. Discharge of commissioners. 11. 12. County commissioners authorized to issue bonds. Be it enacted by the Legislature of the State of Minnesota: the acts approved SECTION 1. That the public street or road heretofore laid out, established and platted from the westerly termi- Said road to connation of Fort street in the city of St. Paul, to the west- tinue as laid out erly limits of said city, and from thence to the ferry land- and platted by ing opposite Fort Snelling, by the commissioners appoint- July 27, 1858, ed by a certain act approved July 27th, 1858, entitled and May 23, 1857 "an act supplemental to an act relative to an improvement in the city of St. Paul, approved May 23, 1857, and to amend the same," shall continue as so laid out, established and platted. Commissioners appointed-who SEC. 2. Nathaniel McLean, J. W. Selby and Parker Paine are hereby appointed commissioners to carry out the requirements of this act; and should either of said commissioners decline or be unable to act, the Judge of to fill vacancies the District Court of the Second Judicial District shall appoint some person to fill the vacancy of such commissioner, and said Judge shall also supply any vacancy which may occur in the place of any commissioner appointed by him, and said commissioners shall have power to elect a secretary. SEC. 3. The said commissioners shall proceed as follows: First. Immediately after the passage of this Act, or their appointment, and before entering upon their duties, they shall take and file with the register of deeds of said To give oath for county, an oath to discharge their duties as such commisformance of their sioners with impartiality and fidelity, and to make due return of their doings as required by law. the faithful per duties of the time and Second. Said commissioners, within ten days after the passage of this Act, shall cause a notice to be pubTo cause notice lished once in each week for three successive weeks, in to be published two newspapers published in said city of St. Paul, that place of meeting, they will meet at a time and place therein specified, to and the purpose ascertain and assess the damages and recompense to be of the meeting paid to the owners of lands and buildings heretofore taken by said street or road, and at the same time to determine what property has been benefitted or injured by such improvement, and assess the damages and expenses thereof on the real estate benefitted. Commissioners to Third. The said commissioners, previous to the day examine proper- fixed in said notice, and as often thereafter as they may ty taken by said deem advisable, shall proceed in a body to view the property taken by said street or road, and also such premises as have been benefitted thereby. road Fourth. Said commissioners shall meet at the time and place designated in said notice, and may adjourn from day to day for the purpose of hearing testimony Powers of said and evidence on the part of parties interested, which said commissioners To make assessment Injury, and how to be awarded evidence shall be reduced to writing by their secretary, and either of the said commissioners shall be authorized to administer the necessary oaths to witnesses. Ffth. After viewing the premises and hearing such testimony as may have been offered, the said commissioners shall proceed to make their assessment, and to determine and appraise to the owner or owners the value of the real estate and buildings appropriated for the improvement, and the injury arising to them respectively in consequence thereof, which shall be awarded to such owners as damages. Sixth. If the land be subject to lease, mortgage, judgment or other lien, or if there be any other estate in it less than an estate in fee, and such fact be known to the commissioners, the injury done to such persons' in |