terests may be awarded to them by said commissioners. Seventh. Having ascertained the damages and expenses of said improvement as aforesaid, the commissioners shall thereupon apportion and assess the same, together with the costs and expenses of the proceedings prospective, as well as those already incurred, upon the real estate by them deemed benefitted, in proportion to the benefits resulting thereto from the improvement, as nearly as may be, and shall describe the real estate upon Award of assesswhich said assessments are made. The award of said ment to be signed commissioners shall be signed by them, and delivered to by commissionthe Judge of the District Court of the Second Judicial ed to whom District, together with the testimony taken, and a full statement of the proceedings of said commissioners in the premises, within ninety days after the passage of this Act. ers, and deliver Eighth. The said Judge shall immediately thereafter cause notice to be published for one week, in two newspapers published in said city of St. Paul, that such award, testimony and statement have been delivered to him, and that on a day and at a place to be named therein, he will confirm said award, and every act and pro- Award by whom ceeding of said commissioners, unless objections are confirmed made thereto at that time and place in writing; such objections so made on said day, may be heard by said Judge on said day, or at any time to which such hearing may be adjourned by him; and any disputed question of fact may be referred by said Judge to a jury for their determination, if the same is requested by any person interested; said judge may confirm or annul said proceedings, and confirm or modify said award, or refer the whole subject back to the commissioners. If annulled, all the proceedings shall be void, and the commissioners shall proceed de novo, and make their report within such time as the said Judge may prescribe. If said proceedings are confirmed, and said award confirmed or modifiel, the decision of such Judge upon said proceedings and award shall be final, and such Judge shall file the testimony, statement of the proceedings of said commissioners, their award, proof of the publication of the noti ces hereby required, and his order in the premises, with the clerk of the court, who shall deliver to the county treasurer immediately thereafter, a certified copy of said What made a award as confirmed or modified by said Judge; and thereupon said street or road shall become the property of the public. If referred back to said commissioners, they shall take the same proceedings, and the said Judge shall act thereon in like manner as above required, and with the like effect; and if more than once referred back to said commissioners, the same proceedings on the part of said commissioners and said Judge, with like ef fect, shall ensue as often as such reference shall take place. Said Judge shall have power, in his discretion, to enlarge the time in which said commissioners shall make their return or do any other act. Ninth.-Subdivision 15 of section 2 of chapter 6 of part of this act city charter of the city of Saint Paul, approved March 20, 1858, is hereby made a part of this Act. Duty of Treasur er conducted SEC. 4. Within one month after the receipt of said report by said treasurer, the parties owning lands assessed for benefits shall pay the amount thereof to such treasurer; and if such payment is not made within said time, the said treasurer shall sell the lands upon which assessments shall remain unpaid to the highest bidder at public auction, at his office in the city of Saint Paul, after giving three weeks public notice of the time and place of such sale by publication once a week in some newspaper published in said city, to satisfy the assessment, penalty and cost thereon. Such notice shall contain à description of the property, and the names of the owners, if known, and shall also state when the same may be redeemed. a SEC. 5. Said sale shall be conducted, and redemptions Sale-how to be therefrom made, and the like duties be performed, and privileges allowed, and proceedings take place in reference thereto, and with like effect, as are provided by law in reference to sale of lands for delinquent taxes, except that all redemptions shall be made in two years after sale, and deeds given at the expiration of such period, by the officer authorized by law to give deeds in case of sale for delinquent taxes, and no notice shall be required to be given of the execution of such deeds. Damages and benefits due to and from the same person how satisfied SEC. 6. Where damages and benefits are due to and from the same persons, they shall be satisfied by the treasurer pro tanto, as well before as after sale. SEC. 7. No proceeding shall be entertained to affect the validity of said sale, unless commenced within one Proceedings year thereafter. against validity of sale conditional SEC. 8. As soon as said sale shall be concluded, the treasurer shall distribute all collections made by him, pro Duty of treasurer rata, to the parties entitled to damages. All damages after sale shall remaining unpaid after such distribution, shall draw in- be concluded terest at the rate of ten per cent. per annum, from the day of sale; and the treasurer, immediately after the expiration of the year's time for redemption, and as often previous thereto as there is a sufficient amount in his hands to justify the same, shall apply the redemption moneys collected by him, towards the payment thereof. All moneys remaining, after the payment of such damages and interest, shall belong to the county, and said county, at the expiration of the time for redemption, and not before, shall satisfy and pay the damages and interest remaining due and unpaid. and secretary SEC. 9. The fees of the commissioners and secretary Compensation of shall be two dollars per day, for every day necessarily commissioners employed in the performance of their duties. The treasurer's, auditor's and printer's fees shall be as now prescribed by law in reference to taxes. penses of the proceedings shall, in the first instance, if All costs and exthe parties demand it, be paid out of the county treasury. SEC. 10. The commissioners appointed under the act mentioned in section one, are hereby prohibited from ta- commissioners king any further proceedings under the same. Discharge of sioners authorized to issue bonds SEC. 11. The county commissioners of said county, are hereby authorized, if they think it advisable, to issue County commisthe bonds of the county, bearing interest at the rate not exceeding seven per centum per annum, to take bonds heretofore illegally issued for the improvement of up the Fort street; Provided however, That no more than sixty per cent. upon the dollar of the amount due upon any such bonds shall be so paid, and any bonds so taken up, shall be delivered up to be cancelled in full. SEC. 12. This Act shall take effect and be in force Act, when to from and after its passage. Approved March 12th, A. D. 1861. take effect defined CHAPTER XXI. An Act to Change the Boundary Line between the Be it enacted by the Legislature of the State of Minnesota: SECTION 1. The boundary line between the counties of Wright and Stearns shall be as follows, to wit: Beginning at a point in the centre of the channel of the Boundary lines Mississippi, and on the line between sections eight and established and nine, in township one hundred and twenty-two, north of range twenty-six west; thence running in a southerly direction on section lines to the southeast corner of section thirty-two of said township; thence in a westerly direc tion on the south line of said township, to the northeast corner of township one hundred and twenty-one, north of range twenty-seven west; thence in a southerly direction on the east line of said township to the southeast corner thereof; thence in a westerly direction on the township line, to the south west corner of township one hundred and twenty-one, north of range twenty-eight west; thence in a northerly direction, along the west line of said township to its intersection with the north line of Meeker county. Electors to vote for or against At the general election to be held in October, 1861, the electors of said counties shall vote upon the new boundary adoption of said boundary line by ballot, written or printed as follows: lines Act, when to take effect "For new boundary between Wright and Stearns counties," or "Against new boundary line between Wright and Stearns counties." SEC. 3. This Act shall take effect, upon the proclamation of the Governor, of the adoption of the same by a majority of the electors of the counties of Wright and Stearns respectively, present and voting thereon, at the next general election. Approved March 8th, A. D. 1861. CHAPTER XXII. An Act to Establish and Define the Boundaries of Lincoln county. Be it enacted by the Legislature of the State of Minnesota: Boundaries established and SECTION 1. That so much territory as is embraced in the following boundaries be, and the same is hereby established as the county of Lincoln: Beginning at the northeast corner of town one hundred and seventeen, of defined range thirty-one; thence in a southerly direction, along the range line between ranges thirty and thirty-one to the southeast corner of town one hundred and fifteen, of range thirty-one; thence in a westerly direction, along the town line between towns one hundred and fourteen and one hundred and fifteen, to the southwest corner of town one hundred and fifteen of range thirty-five; thence in a northerly direction, along the range line between ranges thirty-five and thirty-six, to the north-west corner of town one hundred and sixteen of range thirty-five; thence in an easterly direction, along the town line between towns one hundred and sixteen, and one hundred and seventeen to the northeast corner of town one hundred and sixteen, of range thirty-three; thence in a northerly direction, along the range line between ranges thirtytwo and thirty-three, to the north-west corner of town one hundred and seventeen, of range thirty-two; thence east to the place of beginning. SEC. 2. The county seat of said county is hereby es- County seattablished at the town of Lowell. where SEC. 3. Said county shall be attached to the fourth Attached to 4th judicial district for judicial purposes. SEC. 4. This Act shall take effect on the proclamation by the Governor, of its adoption by a majority of the electors of the counties affected thereby, present and voting thereon at the next general election. Approved March 8th, A. D. 1861. Judicial District Act, when to take effect |