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Itasca county detached from Aitkin county.

Organized into a county.

Commissioners

by governor.

CHAPTER 147.

[H. F: No. 58.]

AN ACT DETACHING THE COUNTY OF ITASCA FROM AITKIN,
AND ORGANIZING AND PROVIDING FOR THE ELECTION
OF COUNTY OFFICERS FOR ITASCA COUNTY.

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

SECTION 1. That all the territory within the boundaries of Itasca county, as now established, is declared to be and is hereby organized into a county to be known as Itasca county, and shall have, possess and enjoy all the privileges, rights and powers of organized counties in this state.

SEC. 2. The first board of county commissioners shall to be appointed be appointed by the governor of this state from the qualified electors of said Itasca county, who shall at once divide the county into commissioners' districts, and who shall hold their offices until the next general election after the passage of this act.

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SEC. 3. The officers of said county shall be appointed by the board of county commissioners of said county, so appointed, as soon as convenient after the passage of this act, who shall hold their offices until the next general election after the passage of this act and until their successors are elected and qualified; Provided, That the sheriff of Aitkin county shall remain and be sheriff of Itasca county, the same as now provided by law, until the next general election and until the sheriff of said Itasca county is elected and qualified.

SEC. 4. The county seat shall be selected and chosen by the vote of the legal voters of said county, at the next general election held after the passage of this act. At such election the electors or voters shall designate by their ballots the place or village where they desire said county seat to be located, and the place or village receiving the greatest number of votes shall be the location of the county seat, and the votes so cast shall be canvassed and returned in the same manner as votes for county officers; and until such location by election the county seat shall remain and be at such a place as may be designated by a majority of the board of commissioners of said county.

SEC. 5. The county of Itasca is hereby detached from Aitkin county for all purposes whatever, except as provided for in this act, but shall remain and be in the Fifteenth (15th) judicial district.

SEC. 6. The county officers of Aitkin county shall, as soon as the officers of said Itasca county are chosen and qualified, deliver to them, upon demand, all records or files kept or made by said officers of Aitkin, or in their posses

sion, relating to said Itasca county, that have been kept separate from the records or files of Aitkin county. All Transcribing of records or files made by or in the possession of said officers records in Aitkin county to be of Aitkin county, relating to Itasca county, which have not made by officers been kept separate from the records and files of Aitkin of Cass county. county, shall be transcribed by the respective officers of said Itasca county, to which said records or files belong, and said officers shall receive for said transcribing ten (10) cents per folio.

SEC. 7. All acts and parts of acts inconsistent with this act are hereby repealed.

SEC. 8. This act shall take effect and be in force from and after its passage.

Approved March 7, 1891.

CHAPTER 148.

[S. F. No. 726.]

AN ACT TO DETACH CERTAIN TERRITORY FROM THE
COUNTY OF MORRISON AND ATTACH THE SAME TO THE
COUNTY OF CASS.

Boundary line between Morrison and Cass counties.

Proposition to

Be it enacted by the Legislature of the State of Minnesota : SECTION 1. That all that part of the county of Morrison lying north of the north line of township numbered one detach part hundred and thirty-one (131) be and the same is hereby and attach same detached from the county of Morrison and attached and to Cass county. annexed to the county of Cass.

SEC. 2. This act shall be submitted to the electors of the counties of Morrison and Cass at the next general election to be held after the passage of this act, and the qualified electors of said counties may at such election vote by ballot for or against the adoption of this act.

from Morrison

To be voted

upon at next general election.

SEC. 3. That at the time of giving notice of the next Notice of this general election to be held in said counties of Morrison and voting to be Cass it shall be the duty of the officers of each voting pre-election district. given in each cinct therein to give notice of the submission of this act to the electors thereof for their approval or disapproval; Provided, That a refusal or neglect to give such notice shall not invalidate such election.

SEC. 4. That at said election each voter of either of said Form of ballot counties of Morrison and Cass who shall be in favor of to be used. adopting the provisions of this act, shall have written or printed, or partly written and partly printed, upon his ballot the words, "For the act detaching certain territory

Canvass of votes and result of election.

Territory named to be

tion, its proportion of debt of Morrison county,

from the county of Morrison and attaching the same to the county of Cass-Yes." Those of the said electors who shall be opposed to the adoption of said provision, shall have written or printed, or partly written and partly printed, upon their ballots, "For the act detaching certain territory from the county of Morrison and attaching the same to the county of Cass-No." Such ballots shall be received and canvassed at the same time and in the same manner, and the returns thereof made by the judges of election to the county canvassing board in the same manner, as is required with reference to ballots for county officers, and the county canvassing board shall canvass such returns at the same time and in the same manner as the returns of the votes cast for county officers.

SEC. 5. If upon canvassing the votes aforesaid it shall appear that the provisions of this act shall have been adopted by the voters of said counties of Morrison and Cass, the territory so detached shall remain a part of the county of Morrison until such time as the adjoining territory of the county of Cass to which the same is to be attached shall become organized; and when said county of Cass shall become organized, the territory detached from the county of Morrison by the provisions of this act shall be organized with and become a part of such organized county.

SEC. 6. That all the detached territory heretofore described shall remain subject to taxation to pay the principal subject to taxa- and interest of the existing indebtedness of the said county of Morrison, from which the same is hereby detached, and shall be subject to taxation to pay the principal and interest of any indebtedness of the said county of Morrison which may hereafter be incurred pursuant to any act of the legislature of the said state which may be passed at the session held during the year A. D. one thousand eight hundred and ninety-one (1891), to the same extent as though this act had not been passed, and shall not be liable to taxation for the existing bonded indebtedness of the county to which it is hereby attached, nor of any bonded indebtedness of said county of Morrison other than as herein before specified; and the county auditor of said county of Morrison, from which said territory is hereby detached, shall annually, after said detached territory shall have become a part of the organized county of Cass, certify in due season to the board of county commissioners of said Cass county the amount of tax to be levied upon said detached territory on account of such bonded indebtedness, which tax shall thereupon be levied and collected as other taxes and paid over to the county treasurer of the county from which the same shall have been so certified.

Not to be liable for any existing

bonded indebtedness of Cass county.

SEC. 7. This act shall take effect and be in force from and after its passage.

Approved April 14, 1891.

CHAPTER 149.

[S. F. No. 103.]

AN ACT TO AMEND SUBDIVISION THREE (3) OF SECTION
TWENTY-ONE (21) OF CHAPTER ONE HUNDRED AND
FORTY-FIVE (145) OF THE GENERAL LAWS OF THE YEAR
ONE THOUSAND EIGHT HUNDRED AND EIGHTY-FIVE
(1885), RELATING TO THE INCORPORATING OF VILLAGES
AND DEFINING THEIR DUTIES AND POWERS.

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

SECTION 1. That subdivision three (3) of section twentyone (21) of Chapter one hundred and forty-five (145) of the General Laws of the state for the year one thousand eight hundred and eighty-five (1885) be amended so as to read as follows:

Third-To receive, purchase and hold for the use of said village any estate, real and personal, and to sell, convey, lease or otherwise dispose of the same, and to dispose of, for any purpose and in any manner, all surplus light, heat, steam, water or electricity which may be had or produced after providing for the streets and the furnishing of water for the use of the village and its inhabitants.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved April 21, 1891.

CHAPTER 150.

[H. F. No. 293.]

AN ACT TO AMEND CHAPTER FOURTEEN (14) OF THE GEN-
ERAL LAWS OF ONE THOUSAND EIGHT HUNDRED AND
EIGHTY-FIVE (1885), ENTITLED "AN ACT TO AMEND CHAP-
TER FIFTY-EIGHT (58) OF THE GENERAL LAWS OF THE
EXTRA SESSION OF ONE THOUSAND EIGHT HUNDRED
AND EIGHTY-ONE (1881), ENTITLED ‘AN ACT RELATING TO
LOCATING, ESTABLISHING AND VACATING HIGHWAYS
AND CARTWAYS IN GOODHUE COUNTY, AND TO AMEND
SECTION FORTY-NINE (49), CHAPTER THIRTEEN (13),
GENERAL STATUTES.'"'

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

SECTION 1. That Chapter fourteen (14) of the General Laws of Minnesota for one thousand eight hundred and eighty-five (1885), entitled "An act to amend Chapter fifty

General Laws of 1885, amending Chap. 145-village incorporations.

Powers of vil

lage council to hold real estate, and to dispose steam, water or electricity.

purchase and

of light, heat,

General Laws of 1885, amending Chap. 14-locating and vacating highways.

Relating to establishing and vacating highways and cartways.

Goodhue county
exempted from
above provi-
sions, but
amenable to
Chap. 58, Gen-
eral Laws of
1881, extra ses-
sion.

eight (58) of the General Laws of the extra session of one thousand eight hundred and eighty-one (1881), entitled 'An act relating to locating, establishing and vacating highways and cartways in Goodhue county, and to amend section forty-nine (49), Chapter thirteen (13), General Statutes,'" be and the same is hereby amended so as to read as follows: "If twenty-four (24) freeholders of any county containing one hundred (100) or more legal voters, and twelve (12) freeholders of any county containing less than one hundred (100) legal voters, petition the board of commissioners of such county for the location, establishment, change or vacation of any highway or cartway running into more than one town, or on the line between two towns of said county, and not within the limits of any incorporated city, whether such highway or cartway is connected or to be connected with other roads or not, setting forth in such petition the beginning, course and termination of the highway or cartway proposed to be located, established, changed or vacated, together with the names of the owners of the land, if known, through which the same may pass, the auditor of such county shall lay such petition before the board of county commissioners at the next session thereafter."

SEC. 2. That the provisions of this act shall not apply to the county of Goodhue, but that as to said county Chapter fifty-eight (58) of the General Laws of the extra session of one thousand eight hundred and eighty-one (1881) shall remain in full force and effect.

SEC. 3. That wherever the words "highways" or "roads" occur in Chapter five (5) of the General Laws of Minnesota for one thousand eight hundred and seventythree (1873), so far as the same relates to the locating, establishing, changing or vacating highways running into more than one town, said chapter shall be made to read, "highways or cartways," or, "roads or cartways."

SEC. 4. This act shall take effect and be in force from and after its passage.

Approved April 18, 1891.

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