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annexation of

SEC. 4. The provisions of this act shall not prevent the annex- Not to affect ation of contiguous territory to cities and towns under sections provisions as to four hundred and twenty-six, four hundred and twenty-seven, four contiguous ter ritory. hundred and twenty-eight and four hundred and twenty-nine of chapter ten, title four of the code, and chapter forty-seven of the laws of the sixteenth general assembly, as amended by chapter one hundred and sixty-nine of the laws of the seventeenth general assembly.

SEC. 5. Chapter twenty-five of the laws of the fifteenth gen- Repealing eral assembly, and chapter sixty-three of the laws of the sixteenth clause. general assembly are hereby repealed.

RESURVEY OF TOWN PLATS.

[Fifteenth General Assembly, Chapter 54.]

lost, same may

SEC. 1. In all cases where the original town plat of any city, where any town, or village, of this state, or any of the additions to any such town plat is ci.y, town, or village, shall have been heretofore or may hereafter be resurveyed. be lost, mislaid, or destroyed after the sale and conveyance of any subdivision, block, or lot thereof, by the original owner or proprietor, to any person or persons, before the same shall have been recorded, it shall be lawful for any three persons interested in such city, town, village, or addition thereto, to have such original city, town, village, or addition to any such city, town, or vil- Record. lage resurveyed and replatted, and such plat made a matter of record, as hereinafter set forth; provided, that in no case shall sent of origina: such replat be made a matter of record without the consent in owner. writing, indorsed thereon, of the original owner or proprietor of such city, town, village, or addition thereto, if he be alive and his

residence known to those who desire such replat recorded.

Proviso: con

Code: 559.

SEC. 2. The county surveyor of any county of this state in Duty of county which is situate any such city, town, village, or addition thereto as surveyor. contemplated in section one of this act, is hereby authorized, empowered, and, upon payment to him of his legal fees by the persons interested, required to resurvey any such city, town, village, or a idition thereto, and shall make out a plat of such city, town, village, or addition so resurveyed, which plat shall in all respects, as near as possible, conform to the original lines of said city, town, village, or any addition thereto, that may be resurveyed, and it shali in all respects be made out as required by section 559 of the code. And in order to the perfect completion of such resurvey and plat, the said surveyor is empowered and authorized to subpœna witnesses, administer oaths, and to take evidence touching Subpoena said original plat, lines, subdivi ions of said city, town, village, or may take addition thereto sought to be surveyed and replatted; also as to evidence. whether the original proprietor be dead or living, and touching all things necessary to enable him to accurately establish the lines and boundaries of the said city, town, village, or addition thereto, and the various subdivisions here of: provided, that in all cases, Proviso: nobefore any such resurvey shut be made, the county surveyor of tice to be the proper county shall give four weeks' notice of in some newspaper published in the county, if there be any, of such contemplated resurvey, and, in case there is no such paper published in

witnesses and

given.

Surveyor to certify to plat.

Plat to be filed with County recorder.

the county, then by posting up four written notices in four of the most public places in the county, one of which shall be in said district proposed to be resurveyed.

SEC. 3. When the surveyor shall have completed said plat, as herein before contemplated, he shall attach his certificate thereto, to the effect that said plat is a just, true, and accurate plat of said city, town, village, or addition so surveyed by him; and the said plat and certificate thereto shall be filed for record in the office of the recorder of deeds of the proper county, and from the date of such filing it shall be regarded and treated, in all courts of law and equity in this state, as though the same had been made by the original owners or proprietors of said lands so resurveyed and Effect of filing replatted: provided, that any person or persons deeming themselves aggrieved by said resurvey or replatting may at any time, within six months from the date of filing said plat for record, commence action by bill in chancery in the circuit or district court against the persons employing the surveyor as aforesaid and setting up their causes of complaint, and asking that said record be canceled.

Provision for persons ag

grieved. Bill in chancery.

Trial and determina

tion or cause.

Dismissal of bill.

Cancellation of plat.

SEC. 4. If it shall appear on the trial of said cause that the said city, town, village, or addition thereto was originally laid out and platted, that the original owner or proprietor had sold any or all of the lots of such city, town, village, or addition, or that he intended to dedicate to the public the streets, alleys, or public squ[a]res of such city, town, village or addition, that the plat thereof had never been recorded, but was lost or mis aid, that the owner or proprietor is dead, or his residence unknown, and that the resurvey and replat so filed for record is a substantially accurate survey and plat of the original plat of such city, town, village, or addition thereto, then the said bill shall be dismissed at the costs of the complainants; otherwise the court shall set aside said replat and cancel the same of record at the costs of defendants.

Plats may be vacated.

the owners.

VACATION OF TOWN PLATS.

[Fifteenth General Assembly, Chapter 61.]

SEC. 1. Whenever the owners of any piece of land, not less than forty acres in amount, which has been platted into town lots, and the plat of which has been recorded, shall desire to vacate said plat or part of plat, it may be done in manner following: A Petition by all petition signed by all the owners of the town or part of the town to be vacated shall be filed in the clerk's office of the district court of the district in which the land so platted lies, and notice of such petition shall be given, at least four weeks before Notice of same the meeting of the court, by posting notices in three conspicuous places in the town where the vacation is prayed for, and one upon the court house door of the county. At the term of court next following the filing of petition and notice, the court shall fix a time for hearing the petition, and notice of the day so fixed upon shall be given by the clerk of the court in some newspaper published in the county at least one week before the day appointed for the hearing. At the hearing of the petition, if it shall appear that all the owners of lots in the town or part of

Newspaper publication.

town to be vacated desire the vacation, and that there is no valid Decree.
objection thereto, a decree shall be entered vacating such portion
of the town, and the streets, alleys, and avenues therein, and for
all purposes of assessments such portion of the town shall be as

if

may be ex

it [if] it had never been platted into lots; provided, however, that, Proviso: street any street as laid out on the plat shall be needed for the public cepted. use, it shall be excepted from the order of vacation, and shall remain a public highway; and further provided, that this act Not to affect shall not affect cities of the first and second class.

cities.

TITLE V.

OF ELECTIONS AND OFFICES.

tion.

CHAPTER 1.

OF THE ELECTION OF OFFICERS, AND THEIR TERMS.

SECTION 573. The general election for state, county, district, General elec- and township officers shall be held throughout the state on the second Tuesday of October in each year, except the years of the presidential election, when it shall be held on the Tuesday next after the first Monday of November.

R. 2459.

C. 51, 237.

Special elec-
tion.
R. 460.

Vacancies:

See Const. Art. 3, §3.

SEC. 574. Special elections authorized by any law, or held to supply vacancies in any office to be filled by the vote of the qualified voters of the entire state, or of any district, county, or township, may be held at the time designated by such law, or by the officer authorized to order such election.

SEC. 575. All vacancies in office created by the expiration of a full term, shall be supplied at the general election next precedhow supplied. ing the time of expiration.

R. 461.

R. 462.

SEC. 576. The term of office of all officers except highway Term of office. supervisors, chosen at a general election for a full term, shall commence on the first Monday of January next thereafter, except when otherwise provided by the constitution. The term of office of highway supervisors shall commence fifteen days after the date of the general election. The term of an officer chosen to fill a vacancy shall commence as soon as he has qualified therefor.

[Repealed and re enacted with the addition of the provisions as to highway supervisors. 16th G. A., ch. 72.]

See Const. Art. 4, § 15.

SEC. 577. At least thirty days before any general election, the Proclamation governor shall issue his proclamation designating all the offices to by governor. be filled by the vote of all the electors of the state, or by those of any congressional, legislative, or judicial district, and transmit a copy thereof to the sheriff of each county.

K. 462.

notice.

SEC. 578. The sheriff shall give at least ten days notice thereof, Sheriff to give by causing a copy of such proclamation to be published in some newspaper printed in the county; or, if there be no such paper, by posting such a copy in at least five of the most public places in the county.

R. 463,

tion.

SEC. 579. A similar proclamation shall be issued before any Same when special election ordered by the governor, designating the time at special elecwhich such special election shall be held, and the sheriff of each R. 164. county in which such election is to be held, shall give notice thereof as above provided.

bered years

SEC. 580. The governor, lieutenant-governor, and superintend- In odd-mment of public instruction, shall be chosen at the general elec- R. 46. tion in each odd-numbered year.

See Const. Art. 4, § 15.

10 G A ch 52, 22.

bered years.

SEC. 581. The secretary of state, auditor of state, treasurer of In even-num state, register of state land office, and attorney-general, shall be R466 chosen at the general election in each even-numbered year, and their term of office shall be two years.

As to secretary, auditor and treas- | attorney general see Const. Art. 5, urer, see Const. Art. 4, § 22. As to § 12.

R. 467.

SEC. 582. One judge of the supreme court shall be chosen at Judges suthe general election in each odd-numbered year, and a judge of preme court. said court shall also be chosen at the general election in the year 10 G. A. ch. 23, 1876, and each sixth year thereafter.

[By 16th G. A., ch. 7, it was provided that an additional judge of the supreme court should be elected at the general election in 1878, and every six years thereafter.]

See Const. Art. 5, §§ 3, 11.

221, 3.

preme court. 10 G. A. ch. 22,

SEC. 583. The clerk and reporter of the supreme court shall be clerk and rechosen at the general election in the year 1874, and each fourth porter of su year thereafter, and their terms of office shall be four years. SEC. 584. A district judge and a district attorney shall be chosen in each judicial district, except the twelfth and thirteenth, 89. and the general election in the year 1874, and each fourth year

thereafter.

See Const. Art. 5, §§ 5, 11, 13.

SEC. 585. District judges and district attorneys in the twelfth and thirteenth districts, shall be chosen at the general election in the year 1876, and each fourth year thereafter.

SEC. 586. A circuit judge shall be chosen in each judicial district at the general election in the year 1876, and every fourth year thereafter, and his term of office shall be four years, and shall commence on the first day of January next after his election. SEC. 587. Members of the house of representatives shall be chosen by the qualified voters of the respective representative districts in each odd-numbered year.

See Const. Art. 3, § 3.

11 G. A.. chs. 88,

District judge

and attorney. R. 2468.

[blocks in formation]

SEC. 588. Senators in the general assembly, to succeed those Senators. whose term of office is about to expire, shall be chosen by the R. 471. qualified voters of the respective senatorial districts in each oddnumbered year, for the term of four years.

See Const. Art. 3, § 5.

SEC. 589. Each county shall elect at the general election in each even-numbered year, a clerk of the district and circuit

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