The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1881-12-01

shall be made to read highways or cartways: Pro
yided. this act shall apply only to the county OF
Goodhue.
Sec 8. This act shall take effect and be in forcs
from and after its passage.
Approved November Is, 1881.
as
AN ACT In relation to plats Of additions OF sub
divisions thereof to any town or city, now on
die in any register of deeds office in this state, or
copies thereof so on file, to legalize the same as
il properly made, executed, certified to and re-
corded, to provide for the idt ntiacation OF the
real estate covered thereby, and to give eject TO
the same together with snchident a OF the
Be It enacted by the Legislature OF the State Of
Section !. All plats Of, or purporting to be Of,
additions or subdivisions thereof to any town or
city in this state, copies thereof, now on file in
any register of deeds office in this state, which
ut the time Of their making, execution, certifca-
ton or recording, with gard to either the making.
execution. certfcation recording thereof or any
confirmed to the same extent and with the same
effect il the same had been in all respects prop
crly made, executed, .rtified and dlcd.
Sec 2 In ali cases where said plats, or copies,
or any Of them. fail to identity or show upon their
face. ihe tract of land covered or intended to be
covered thereby. the surveyors, or one OF them,
year from the passage Of this act, make and file in
the registers office of the proper county, certif-
cate daily executed and acknowledged by him, as
wherein he shall set forth at length full descrp-
ton Of the real estate covered by the plat go made
10y him, which certificate SO executed shall be filed
Office. and shall by said register. be recorded at
length in book to be by him provided for that
purpose. entitled, s Book OF Plat Certificates"
And said register shall thereupon note upon the
plat and copy thereof filed in his office, and re-
ferred to in such certificate the fact of the flng Of
such certificate, and the book and page where the
same is recorded. And said certificate, or the
record thereof shall, together with such plat, be
rima face eydenre in all cases of the real estate
covered by said plat, to the same extent as if
originally endorsed thereon. And said register
shall receive the same fees now by law provided
for fling and recording such certificate, to be paid
by the person offering the same for record.
Sec. 5. In sill cases where the surveyor above
referred to shall have died, or his place Of abode
be unknown or be unable for any reason, or refuse
70 make and execute said certificate, the same may
be so made by any one more Of the proprctors
who has signed any such plat, which certificate so
made by such proprietor shall be sworn to by him
ge,her with such affidavit made thereon, be 6led
and recorded as above provided, with luxe eject in
all respects. -
Sec. 4 In case the surveyor or ps0pRietor above
referred to. for any reason, fails or neglects to-
certify to such plat rs above provided, or su COR
tifcate I've not recorded and filed within three
upon be lawful for any person be ng the owner of
claiming interest in any lot or tract Of land
included in, described or intended to be described
5s,re; court Of any county e% p Wherein saa pat is
iiled. at any general or special term thereof, by
petition in writing duly verified as a complaint in
a civil action, to have established by the juGg-
ment OF said court. the real estate covered,
or intended TO be coverd by said plat. Such
petition shall set forth the lot or tract claimed
corrected or affected, and a full description of
the real estate claimed TO be covered, or to have
been intendt d TO be covered by such plat. Said
proceeding, and shall thereupon make and ev ter
an order therein. directing notice of the pending
thereof, to lie 81 ven to all persons having or claim
ing any estate, interest or lien in or to the land
mentioned in such petition covered, or intended
to he covered by tine plat therein named, by publ
cation OF certified cory OF such order in news.
paper printed and published in said city, and
named therein, for not less than elk successive
weeks, at least once in each week. Such order and
notice shall get forth the filing Of such petition,
the name OF the applicant description of the
real estate by him Claimed to be covered by such
plat, the nane Of such plat and the time and place
OF hearing OF such ietihon, which shall not be
less than twenty days after the last day of publ
cation of zach notice, and shall be at general
special term OF such court. Proof Of the publica-
ton of snch order and notice shall be made by the
printer or publisher OF such newspaper, IS cases
of foreclosure of mortgages BY advertisement,
and filed in said court. and said publication shall
be deemed and taken to be personal service upon
all persons having or ella ming any right. title,
estate interest OR lien in or to the said real estate
or any part thereof. Any person having or claim
ing an interest IN any lot or tract within the real
real estate covered by said plat claimed by him,
may at any time before the hearing pear in said
court in person or by attorney, and file therein in
writing objections to the granting of such petit
ton, in whole or in part and may further affirm
ntively set up full description Of the real estate
claimed by said objector to be covered by said
plat. And said court shall thereupon proceed to
hear and determine the matter, in the same manner
a. nearly as may be as in cults in equity in said
court. and give Judgment as the facts may appear.
A certified copy of such Judgment shall thercupon
be filed and recorded in said registers Office, as
above provided for said certificate, with like force
and effect in all respects.
The said court shall have full power and control
over such proceed ngs and shall direct the course
OF practice therein, and may in its discretion
award and apportion costs and disbursements
therein as il shall see it,
Sec, S. Such plat or plats and copies thereof,
together with such certificate, affidavit or judy
ment pertaining thereto or record thereof or
certified copies thereof shall thereupon be received
in evidence in all cases with the same force and
effect in all respects il the same had particularly
described thereon the real estate covered thereby
and complied in each particular with the law in
force at tie time of the making and filing thereof.
Sec. 6. This act shall take effect and Be- in force
from and after its passage.
Approved November 18th. 1881.