CHAPTER 22. [S. F. No. 157.] AN ACT TO AUTHORIZE THE COMMON COUNCILS OF CITIES Be it enacted by the Legislature of the State of Minnesota: Vacating roads, streets and alleys. lake shores streets and vacated. SECTION 1. That in all cases where any boulevard In boulevarded shall have been laid out by the board of park commissioners of any city in this state, around the shores of any alleys may be lake wholly or partly embraced within the limits of any public park, the common council of such city shall have power and authority, upon the petition of any person. interested in the reversion of the streets, roads and alleys to be vacated, or any portion thereof, and upon the recommendation of the board of park commissioners of such city (to be evidenced by a resolution of such board to that effect, a certified copy whereof shall accompany such petition), to vacate any street, road or alley lying within the limits of such boulevard, or within a distance of one hundred and fifty (150) feet therefrom, without any compensation being paid into the city treasury therefor or any other land dedicated in lieu thereof; Provided, That nothing herein contained shall be held to affect individual rights to compensation. SEC. 2. Save as herein provided, such petition shall be made under and in accordance with existing laws governing vacations of streets, roads and public grounds so far as applicable. SEC. 3. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. SEC. 4. This act shall take effect and be in force from and after its passage. Approved March 31, 1891. CHAPTER 23. [S. F. No. 156.] AN ACT VACATING STATE AND TERRITORIAL Be it enacted by the Legislature of the State of Minnesota : SECTION 1. That in all cases where territorial or state roads have been heretofore laid out or traveled through or across land which has since been duly and legally em torial roads cated. State and terri- braced within the limits of any public park in any city in this state, which park contains walks and drives through established parks va- through the same, so much of said state and territorial roads as is embraced within the limits of any such public park is hereby vacated; Provided, however, that nothing herein contained shall apply to any portion of any road or street which has been designated as a park-way by any board of park commissioners. Roads through more than one county. Petition for same. Commissioners SEC. 2. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. Approved March 31, 1891. CHAPTER 24. [H. F. No. 888.] AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF ROADS Be it enacted by the Legislature of the State of Minnesota : SECTION 1. Whenever a petition praying that a road be laid through two or more adjoining counties in this state, or along the county lines dividing said counties, or partly along said county line and partly in one of said counties, signed by twenty (20) legal voters resident in one of said counties, shall be presented to the judge of the district court of the judicial district in which one or more of said counties is located, the said judge is hereby authorized to to be appointed. appoint three (3) commissioners, whose duty it shall be to meet at such times and places as may be necessary, and to immediately proceed to lay out a road as directed by said district judge in accordance with the prayer of the petitioners; Provided, that no road shall be ordered by any such district judge to extend more than six (6) miles outside the judicial district in which the application is made, and such road shall be extended beyond the district only for the purpose of commencing or ending at some village or public road; and Provided further, That this limitation shall not be construed to apply to that portion of such road extending along the line of the county located in such judicial district. The same notice shall be given of the presenting of such petition as is now required for the presenting of a petition for a road in more than one county by section seventy-seven (77) of Chapter thirteen (13) of the General Statutes of the state of Minnesota, and all pro Notices to be given. missioners. ceeding had hereunder shall conform as near as may be to sections seventy-seven (77), seventy-eight (78), seventynine (79), eighty (80), eighty-one (81), eighty-two (82), eighty-three (83) and eighty-four (84) of said Chapter thirteen (13) of the General Statutes of the state of Minnesota; and the commissioners hereby provided for shall have the Powers of comsame powers, rights, duties and obligations as are provided for in said sections; and in addition to the reports now required by said sections to be filed by the commissioners therein referred to, it shall be the duty of said com. missioners to file duplicate reports in each of the counties through which said road may pass, or in which the same may be partially located. tionment. SEC. 2. The damages sustained by any person by reason Damages, apporof said road, and the apportionment of the same between the counties through or along which said road may be located, shall be ascertained and paid in the same manner as is now provided for in said sections above referred to, except that the apportionment of the same between said counties shall be made by the unanimous decisions of a district judge from each of the judicial districts along or through which said road may pass. SEC. 3. This act shall take effect and be in force from and after its passage. Approved April 20, 1891. CHAPTER 25. [H. F. No. 302.] AN ACT RELATIVE TO PLATS OF TOWNS AND CITIES IN Be it enacted by the Legislature of the State of Minnesota : Plats of towns and cities. Correction of land covered plats to show thereby. filed. him or them, as deeds are to be executed or acknowledged, Certificate to be wherein shall be set forth a full description of the lands actually covered and intended to be covered by said plat. If such certificate be made by a proprietor or proprietors of such town, city, addition or subdivision, the same shall also be sworn to by him or them as being correct in all respects. And such certificates, so executed, acknowledged and verified, shall be recorded at length by said register of deeds in a book by him provided for that purpose, entitled, "Book of plat certificates;" and said register of deeds shall, thereupon, note upon such plat and the copy thereof, filed in his office as aforesaid and referred to in such certificate and affidavit, the fact of filing such certificate, and the book and page where recorded; and he shall receive from the person offering said certificate for record the fees provided by law for similar services. And such certificate or the record thereof shall, together with such plat, be prima facie evidence, in all cases, as to lands covered by said plat. SEC. 2. This act shall take effect and be in force from and after its passage. Record in book of plat certificates. Approved April 1, 1891. CHAPTER 26. [S. F. No. 409.] Organization of AN ACT TO PROVIDE FOR THE ORGANIZATION OF SCHOOL school districts. Petition therefor. DISTRICTS. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. Whenever it may be desired by residents and taxpayers of two or more school districts in this state to organize a new school district, they shall petition the board of county commissioners therefor, and such petition shall contain the following facts, to-wit. First-A correct description of the territory desired to be embraced in the proposed district. Second-The number of persons residing in the proposed district. Third-The number of children of school age residing therein. Fourth-The school districts affected by the organization of the proposed district, the number of children of school age residing in each district so affected, and the number of such children which such organization would take from such districts respectively. Fifth-Such petition shall be signed in writing by a majority of the freeholders residing in the portion proposed to be detached of each of the several districts to be affected by such organization who are entitled to vote at school meetings in their respective school districts, and each person signing such petition shall acknowledge his or her signature before some person authorized by law to take acknowledgment. commissioners thereon. SEC. 2. Upon the presentation of the petition provided Action of county in section one (1) of this act, the county commissioners shall appoint a time and place for a hearing upon it, and shall post one (1) notice thereof, setting forth the substance of the petition, and the time and place of such hearing, in some public place in each district to be affected by the organization of such district, and shall cause such notice to be published at least once in the legal newspaper printed and published in the same county, and such other newspapers printed and published in said county, not to exceed three (3), which shall be designated by said county commissioners, if any there be, and cause a copy thereof to be served upon the clerk of each district so affected, at least ten (10) days before the time appointed for such hearing. The posting of each notice shall be verified by the affidavit of the person posting the same, which said affidavit shall state the time and place of posting; and the serving of said copy, of notice upon the clerk of each district shall be verified by the certificate of the county auditor, and the publication of such notice shall be verified by the publication of such paper or papers. SEC. 3. At the time and place so appointed for said Hearing upon hearing, the commissioners, having publicly read the peti- the petition. tion, shall proceed to consider the same, and shall listen to argument by persons interested for or against the proposed organization. The hearing may be adjourned from time to time, in the discretion of the commissioners; and at the conclusion thereof the board of commissioners shall cause their decision to be entered upon their records, which shall be in the form of an order particularly describing the district thus formed, the number by which it shall be known, signed by the chairman, and attested by the auditor, who shall, if the action of the commissioners be affirmative, cause a copy thereof to be filed with or addressed by mail to the clerk of each district affected. The decision of the said board when so recorded shall be final. is in two or more counties. SEC. 4. When the territory embraced in the proposed When district districts consists of parts of two or more counties, the petition shall be in duplicate, or more, as the case may be, and one presented to the board of commissioners of each of said counties, who shall severally proceed to hear the petition in the manner directed; and it shall be requisite to the organization of such district in such case that the action of each of such boards be in the affirmative. The provisions of section two (2) of this act shall be, in such case, in all things observed. |