The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1881-12-01

Judgments, their heirs or legal representatives
snail accept the same in full settlement aud salts
ON account thereof.
Sec. I. ANY person having q subsistips. legal
snd valid claim aganst either Of The land graft
Minnesota STATE railroad bonds from the state or
against any contractor. sub-contractOr Or other
i'erscn, which accrnc. for work. labor or services
performed III Inc location or construction Of either
OF the lines OF railroads Of said companies, or for
boarding. engineers, contractors. Sul,-contFactors
workn'en or others while engaged in the location
or construction IF said lines of road or any part
thereof or for hire OF teams for provisions for
men or teams, goods OF other supplies. ties piles
tluber lumber, stone Or other material furnished
lor aerial use i'll the location construction of
either or any part Of raid lines OF railroads, and
which claim so accrued prior to the time when the
sate acquired said lines Of railroad and trans
fcrred the same to other companies, may have the
same adJusts and settled herein provided; soch
claimant shall flea petition with, and addressed
t" the SKATE auditor within thirty days after the
passage of this act verified bv himself, agent or
attorney To be trne to the best OF his knoWlcdye.
Information and belief. settjn, forth the nature
an0 charac,sr or MS claim and against whom it
accrued and Su1s'sts AMI asking for an adjustment
OF the same nnd + the provisions Of this act.
any error, 'n'stakc or defect in any such petition
may *: remeaied by an amendment in the diecre-
tl;,n OF the commissioners hereinafter mentioned
The petitions which have been filed with the
sats auditor under chapter 1Ca OF the general laws
adjustment OF the Minnesota stale railroad bonds.
may stand ard he considered and treated as filed
under this act. ~
The governor, attorney general and state auditor
are hereby constituted p commission to consider
anu pas: upon said claims, any two of whom may
act and tho determination Of any two SHAH b.
shs! fix npon time and place for hearing the
same same and may appoint a clerk, and adjourn
from time to time in their discretion.
IL Small nc incumbent upon the claimant TO estah-
lish his claim and that it is Of the character herein
contemplated, by the same legal evidence As wooid
oe required to establish the same facts in an action
against the party primarily liable therefor.
II said commission tlnds any OF said claims Or
any part thereof to be Of the character and deecrip-
ton hereinbefore mentioned they shall report the
amount thereof with Interest up 70 December first
A. D. 1881, and in connection with which road it
accrued and file their report n the Office of the state
+, re Gas statute Of limitations shall not be allowed
10 9cfest or operate against any suCh claims.
salu commission may embrace determinations
upon all the claims in one report, or NAV make aud
lille two or more reports.
There shall be paid by the governor to the own
ers OF such claims rs shall BE- found by said com.
mission to be Of the character and descri ption
hereinee1ore in this section mentioned their heirs
or assigns, agent or attorney, either in cash or
III new bonds Of the state, of the tenor and
effect mentioned in section two of this act an
amount equal TO ,ty per cent Of the amount OF
on by said commission. Provided, that NO bonds
or coupons thereof, issued by either Of said land
grant railroad companies, nor the Claim or de-
n'and Tor or on account OF which the same were
Issued, nor any claim O. demand for money loaned
to- or advanced for either of eaid companies shall
De considered or taken to be claims provided for or
Withln the meaning Of this section, and no such
claim shall be allowed BY said commission And
provided further. that the aggregate amount Of
money or new bonds to be paid on account of the
CLAIMS provided for IN this section, shall not ex-
coed the sum Of $50, Ooo which sum If insufficient
therefor in full, shall b. divided pro rata on the
same: And provided further, that the amount
which shall be so allowed on said claims, shall be
respectively spportioned pro rata upon such OF sad
bonds as We're Issued on account of the line OF
railroad in connection with which said allowed
Claims respectively accrued, and shall Le deducted
from the percentage to he paid on such bonds
nneer the provisions Of section two e. Of this act;
and provided further, that the amount SO to be
paid TO each claimant provided shall be less the
pro rata share of such of the Minnesota State rail-
road bonds issued to the road out OF the cOnstruc
lion OF winch such claims arose as have not at the
time OF euch payment been filed for cancellation
Under the provisions OF this act; and such pro raa
share shall be deducted from the amount payable
to the owners Of such bonds under the provisions
OK TINS act, anu Paid TO the respective claimants
shall hle them and receive new bonds therefor
Sec g. The governor, auditor of state and attor-
ney general shall be and they hereby conetitu-
ted board of commissioners under this act whose
duty it shall be to set apart annually from the rum
recel'ed by the state from the various railroad
com panies in this state in payment Of taxes upun
their gross earnings. a sufficient sum to meet the
sem-annual payments Of interest on said bonds to
be issued under the provisions Of this act.
Sec. 9. 1t shall be the duty of the treasurer Of
STATE to pay the emiannuAl maturing interest cou-
pons attached to said bonds as they mature at the
place in the city of New York which shall be desip.
mated in said bonds; upon the warrant of the aud
itOr Of STATE out funds so set apart for said
purposes aforesaid. ~
ssc:7: AL acts am parts OF acts inconsistent
with this act arc hereby repealed.
Sec. g.. This act shall take effect and be in force
from and after its passage.
Approved November 4th, 1881.