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this Article, any one of the petitioners may appeal from such determina tion, in the same manner and subject to the same provisions and restrictions as relates to persons who feel themselves aggrieved by a determination of the Supervisors to alter, discontinne or lay out a new road.
Sec. 14. When an appeal shall have been made from the determination of the Town Supervisors, refusing to lay out, alter, or discontinue a road and the County Supervisors shall reverse such determination, such County Supervisors shall alter, discontinue or lay out the road applied for, as the case may be, and in doing so shall proceed in the same manner in which Supervisors are directed to proceed in like cases. Such roads shall be opened by the Supervisors of the town, in the same manner as if laid out by themselves.
Sec. 15. In case any one of the County Supervisors to whom such application shall have been made shall become unable to attend before the determination of such appeal, it shall be the duty of the Supervisors named therein to select another of the Supervisors of the county, who shall act with them in all subsequent proceedings in the same manner as if he had been originally named in the appeal. In case the term of office of any County Supervisor shall expire before the determination of such appeal, he shall continue to act in the premises the same as if he had been re-elected.
Sec. 16. The amount of damages as finally settled by the three County Supervisors, or as agreed on by the Town Supervisors together with all charges of officers and other persons employed in laying out or discor tinuing any road, shall be rendered by the Town Supervisors to the Board of Town Auditors, with the amount of damages and charges due each individual, which accounts shall be audited by said Board, certified to and deposited with the Town Clerk. The Town Clerk shall make out the aggregate amount of such damages and charges, with his certificate thereto attached, and deliver the same to the chairman of Supervisors of the town previous to the annual meeting of the Board of County Supervisors.
Sec. 17. After a final decision by any three Supervisors to whom any road difficulty has been appealed, if in the opinion of the Town Supervi. sors. Town Clerk and Justices of the Peace, or any four of them, the damages are manifestly too high, and that in providing for the payment thereof an oppressive tax will have to be levied on the property of said town, they may petition the Board of County Supervisors, at any meeting of said Board held within six months after such decision, for relief either from the whole or part of the damages. The Board shall hear the reasons for and against granting such relief, and if a majority of them shall be of opinion that the town should be relieved from the whole amount of damaces then and in that case the opening of said road shall be posponed until the damages, or a major part thereof, are in some other way provided for than by levying a tax on the property of the town.
Sec. 18. Whenever the Supervisors of any town shall disagree with the Supervisors of any other town of the same county or of another county, relating to the laying out of a new road, or the alteration of an old road, which shall extend into both of such towns, the Supervisors of both towns shall meet together at the request of either disagreeing Supervisors and make their decision on the subject of disagreement.
Sec, 19. Whenever the Supervisors of any town receive a petition praying the location of a new road, alteration or discontinuance of an old one, on the line between two towns, such road shall be laid out, altered or discontinued by two or more of the Supervisors of each of said towns, either on such line or as near thereto as the convenience of the ground will admit, and they may so vary the same, either to the one side or the other of such line as they may think proper.
Sec. 20. It shall be the duty of the said Town Supervisors when there may be such highway, to divide it into two or more road districts, in such manner that the labor and expense of opening, working and keeping in repair such highway, through each of the said districts, may be equal, as near as may be, and to allot an equal number of such districts to each of said towns.
Sec. 21. Each district shall be considered as belonging wholly to the town to which it may be alotted for the purpose of opening and improve ing the road and keeping it in repair, and the Supervisors shall cause such highway and the petition and allotment thereof, to be recorded in the office of the Town Clerk in each of said towns.
Sec. 22. All roads heretofore laid out on the line between any two towns, shall be divided, allotted, recorded, and kept in repair in the man. her above directed.
Sec. 23. Whenever the Supervisors shall have laid out any public road through any inclosed, cultivated or improved lands, in conformity with the provisions of this Act, and their decision shall not have been appealed from, they shall give the owner or occupant of the land through which such road shall have been laid, sixty days notice in writing, to remove his fences. If such owner does not remove his fences within sixty days, the Town Supervisors shall cause such fences to be removed, and shall direct the road to be opened and worked.
Sec. 24. If the decision of the Town Supervisors shall have been appealed from, then the sixty days notice shall be given after the decision of the County Supervisors upon such appeal shall have been filed in the office of the Town Clerk of the town.
Sec. 25. The public roads now legally existing are declared the highways of the towns in which they shall lie.
Sec. 26. All public roads to be laid out by the Supervisors of any town shall not be less than four rods wide.
Sec. 1. Each town acting under this Act shall constitute an election precinct, and the Supervisors shall be the Judges of Elections. The Town Clerk shall cause notices of general elections to be posted up in the same manner as is now required by Sheriffs.
Sec. 2. Each City shall be allowed one member of the Board of County Supervisors from each Ward contained in such city. And the senior Councilman in each Ward shall be such member, unless the city shall elect some other person for that purpose.
Sec. 3. Every town which may contain more than eight hundred in habitants shall be allowed to send one additional Town Supervisor as a member of the Board of County Supervisors for each additional eight hundred inhabitants, and for any additional fraction of over four hun. dred.
Sec. 4. Each town assessor shall in each year assess on the property in his town, as valued on the assessment-rolls for County and State taxes, a sum sufficient to defray all lawful town charges for such year, and shall make a separate tax list for the same, which he shall deliver to the Collector after depositing a copy of the same in the office of the Town Clerk ; and the Collector shall collect such town tax at the same time and in the same manner as he collects the State and County tax, and shall pay the same over to the Chairman of Supervisors as soon as collected, and take his receipt therefor.
Sec. 5. All laws now in force applicable to the Board of County Commissioners, shall apply to the County Supervisors' Court as created under the provisions of this Act.
Sec. 6. All acts or parts of acts inconsistent with this Act are hereby repealed.
RICHARD G. MURPHY,
President pro tem. of the Senate. APPROVED—March twentieth, one thousand eight hundred and fifty. eight.
CHAS. L. CHASE, Acting Governor. SECRETARY'S OFFICE, Minnesota,
March 20, 1858. I hereby. certify the foregoing to be a true copy of the original on file in this office.
Chas. L. Chase, Secretary.
Joint Resolution relative to the Sioux and Winnebago
Whereas, The reservation now occupied by the Sioux Indians, embraces a much larger tract of country than is necessary for their use, or compatable with the interests of the State, and whereas, the civilization of these Indiang Joint resolution would be greatly promoted by securing to each head of a to representative
in congross to family a tract of land sufficient for agricultural purposes, ürgo the opening with such assistance from the general government as may be up to settlomont deemed requisite to withdraw them from the chase and afford
od of the sioux ret.
word ervation proper agricultural and mechanical education.
And, whereas, The reservation now occupied by the Winnebago Indians, in the counties of Blue Earth and Waseca, embraces a territory now entirely surrounded by white settlements, and which reservation is near the centre of one of the most densely populated districts of the State.
And, Whereas, the location of said reservation is auch, that it is impossible to prevent a constant trade being carried on between the white settlers and the Indians occupying the said reserve, and through the influence constantly kept up between the whites and the Indians, the latter are constantly being supplied with spirituous liquors, the free use of which by the Indians often leads to the most unfortunate results, both as relates to the whites and the Indians. And whereas the civilization of these Indians would doubtless be greatly advanced by removing them beyond the influence above alladed to, and by locating them upon lands where each Indian can be possessed of a farm beyond the white settlements.
Therefore, Resolved by the Senate and House of Representatives of the State of Minnesota, that our Senators and Representatives in Congress, be and are hereby requested to urge upon the Indian department at Washington, such measures as may be necessary to open to settlement the surplus and unoccupied land now contained within the Sioux reservation, and such additional measures as may be deemed proper to heal the difficulties heretofore and still existing between the whites and Sioux, bordering upon our State line, and to secure
the peaceful occupancy of the lands upon our western fron-
RICHARD G. MURPHY,
President pro tem. of the Senate. APPROVED—February twenty-fifth, one thousand eight hundred and fifty-eight.
CHARLES L. CHASE, Acting Governor. SECRETARY'S OFFICE, Minnesota, l
February 25, 1858. S I hereby certify the foregoing to be a true copy of the original on file in this office.
Chas. L. Chase, Secretary.
Joint Resolution of the Legislature of the State of Mina
instructions to anessora to tas
Whereas, The impression has gone abroad in this State,
that lands sold by the United States are not taxable until Joint resolution the Patents therefor have been issued, and that the Supreme
to taz Court of the United States has decided to that effect; and pre-emptod but Whereas, Reliable information has been received from the wpatented lando Clerk of the Supreme Court of the United States, that no such
decision has been made by said Court:
Therefore, be it Resolved by the Senate and House of Representatives of the State of Minnesota.
That the different Assessors of this State, are hereby directed to assess all lands sold by the United States, whether patents have been issued for the same or not.
Resolved, That the Secretary of State is hereby requested to furnish each Register of Deeds in this State, a copy of these resolutions immediately.
Resolved, That it shall be the duty of the Register of Deeds