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

locating, establishing, changing or vacating high
ways running into more than one town, the same
shall be made to read highways or cartways: Pro.
Tided, this act shall apply only to the county Of
Sec. g. This act shall take effect and be in force
from and after lite passage
Approved November l8, 1881.
43
divisions thereof to any town or city, now
file in any register Of deeds Office in this state,
copies thereof on ile, to lecolize the same as
if properly made, executed, certified and re-
corded, to provide for the id. MITIGATION Of the
real estate covered thereby, and to give effect to
the same, together with si'ch identification Of the
Be it enacted by the Legislature of the State Of
Minnesota:
Section l. All ,plats OF, or purportlng to be OF,
city in this state, 'r copies thereof, now file in
any register Of deeds office in this state, which
fail in any respect to comply with the law in force
ton or recording withr gard to either the making,
execution, certication OF recording thereof, any
or all OF said matters. are hereby Iegalized and
conhrmed to the same extent and with the same
effect as II the had been in all respects prop
crly made, executed, certified and filed.
Sec 2. In all cases where said plats, or copies,
or any OF them, fail to identity or show upon their
face the 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, u certif-
cate duly executed and acknowledged by him, as
wherein he shall set forth at length full descrip
ton Of the real estate covered by the plat made
by him, which certificate so executed shall be filed
office, and shall by said register, be recorded at
length in book to he by him provided for that
purpose. entitled, :" Book of Plat Certificates"
plat and copy thereof so filed in his office, and re-
ferrcd to in such certificate the fact of the fling of
such certificate, and the book and page where the
OrVn Ia vrn1 And 4 tho
record thereof shall, together with such plat, be
prma tacie evidence 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 as now by law provided
Tor filing and recording such certificate, to be paid
BY the person offering the same for record.
Sec. g. In all cases where the surveyor above
referred to shall have died, or his place of abode
be unk known, or be unable for any reason, refuse
be so made by any one or more of the proprictors
who has signed any such plat, which certificate so
made by such proprietor shall be sworn to by him
as correct in all respects, and shall! thereupon, to-
gether with such affidavit made thereon, be filed
and recorded US above provided, with like effect in
all respects.
referred to, for any reason, fails or negects to
certify to such plat as above provided, su.
1liicate be- not recorded and flied within three
months after the passage Of this act it shall there
upon be lawful for any person be ng the owner of
or claiming any interest in any lot or tract Of land
included in. described intended to be described
district court Of any county wherein said pat is
h!ed at any general or special term thereof, by
petition in writing duly verified as complaint III
civil action, to have established by the judg
ment Of said court, the real estate covered,
or intended to be covered by said plat. Such
petition shall get forth the lot tract claimed
corrected or affected, and full description of
the real estate claimed to be covered or to have
soE naSe o. s s"S
proceeding, and shall thereupon make and enter
an order therein. directing notice of the pending
ing any estnte interest OF lien, in or to the land
mentioned in snch petition, covered, or intended
to be covered by tn plat therein named by publ
paper printed and published in said city, and
named therein, for not less than nix successive
weeks, at least once in each week. Such order and
notice shall yet forth the filing Of such petition,
the name Of the applicant, description Of the
real estate by him claimed to be covered by ench
plat the mime Of such plat, and the time and place
less than twenty days liter the last day of publi-
cation OF such notice, and shall be ut general or
special term OF such court. Proof of the pubica-
ton Of such order and notice shall be made by the
printer or publisher of such newspaper, in cases
Of foreclosure of mortgages by advertisement,
be deemed and taken to be q personal service upon
all persons having or ella ming any right. title,
estate, interest or lien in or to the sud real estate
ing an interest in any lot or tract within the real
estate 90 described, in said real estate or in the
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
atively set ~ full description Of the real estate
claimed by said objcctor to be covered by said
plat. And said court shall thereupon proceed to
hear and determine the matter, in the same manner
az nearly as may be as in suite in equity in said
court and give Judgment az the facts may appear
be filed and recorded in said registers office, as
above provided for said certificate, with like force
and eject 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 It shall see fit.
Sec. s. Such plat or plats and copies thereof
together with such certificate, affidavit or judg
mcnt 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 rea! estate covered thereby
and complied in each particular with the law in
force at tie time Of the making and filing thereof
Bee. 8. This act shall take effect aud be in force
from and after it's passage.
Approved November 18th, 1851.