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Location of road

SEO. 2. That in lieu of the portion of the road herein lieu of that by 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.

SEC. 3. This Act shall take effect from and after its Act, when to

passage.

Approved March 6th, A. D. 1861.

take effect

CHAPTER XIX.

An Act to Authorize the City of Wabashaw to Loan its
Bonds to the Mississippi Plank Road and Ferry Com-

pany.

SxCTION 1. Who to issue bonds in what amount.

2. In what sums each--to bear what interest.
8. Under what conditions bonds to be issued.
4. Who to execute and deliver the bonds—to be limited, in what sum.
0. Provision for the payment of interest and principal of said bonds.
6. Subject to be submitted to the electors of said incorporation.
7. Act-when to take effect.

Be it enacted by the Legislature of the State of Minnesota:

Who to issue

amount.

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 Buttalo in said State.

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

In what gums each-to bear what interest

ditions bonds to

and deliver

nually at the treasurer's office in the city of Wabashaw, and the principal reimbursable at any time within twelvé years from the time of issuing.

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 isued 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

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 proceeds 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.

SEC. 5. The entire revenue of the road and ferry from tolls, after deducting necessary expenses and repairs, shall 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 prin: rer of the city of Wabashaw by said company, and shall e said bonds 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

of

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 Subject to be submitted to the electors of the city of Wabashaw, qualsubmitted to the ified to vote at an election for charter officers of said city, electors of said incorporation

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 liereby 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

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 contirmed or not approved and confirmed, as the case may be, by a majority of all the electors who have voted at said election.

SEC. 7. This Act shall take effect from and after its Act, when to take effect

passage.

Approved February 25th, A. D. 1861.

Loan,”

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. Commissioners appointed-who to fill vacancies in case of neglect to serve.
3. To give oath for faithful performance of their duties-to cause notice to be

published of the time and place of meeting, and the purpose of the meet-
ing--commissioners to examine property taken by said road--powers of said
commissioners--to make assessment-injury, and how awarded--award of
assessment to be signed by commissioners, and delivered to whom-award

by whom confirmed-what made a part of this act.
4. Daty of Treasurer.
5. Sale-how to be conducted.
6. Damages and benefits due to and from the same person-how satisfied.
7. Proceedings against validity of sale-how commenced.
8. Duty of Treasurer after sale shall be concluded.
9. Compensation of commissioners and secretary.
10. Discharge of commissioners.
11. County commissioners authorized to issue bonds.
12. Act, when to take effect.

Be it enacted by the Legislature of the State of Minnesota:

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

the acts approved 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.

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

appointed-who commissioners decline or be unable to act, the Judge ofto 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.

Commissioners

Sec. 3. The said commissioners shall proceed as fol

lows:

the faithful per

duties

Commissioners to

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 tidelity, and to make due

return of their doings as required by law.

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 specitied, 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 ta

ken by said street or road, and at the same time to deter-
mine what property has been benefitted or injured by
such improvement, and assess the damages and expenses
thereof on the real estate benefitted.
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.

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

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.

F fih. After viewing ihe premises and hearing such

testimony as may have been offered, the said commisTo make assesse sioners slall 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 suci

owners as damages. Injury, and how

Sixth. If the land be subject to leaba, 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

cominissioners

to be awarded

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