Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1881-12-03

session thereof.
Sec. 2. That whenever the word highway occurs
in said chapter five (5), far the same relates to
locating, establishing, changing or vacating high
ways running into more than one town, the same
vided, this act shall apply only to the county Of
Goodhuc.
Sec 3. This act shall take effect and be in force
from and after its passage.
Approved November IL, 1881.
IS
AN ACT in relation to plats of additions or sub
divisions thereof to any town or CITY, now on
file in any register of deeds office in this state or
copies thereof SO on file, to legalize the same as
if properly made, executed, certified to and re-
corded to provide for the Identification of the
real estate covered thereby, and to give effect to
the same, together with snch Identification of the
real estate covered thereby, as evidence.
Be it enacted by the Legislature of the State Of
Minnesota: ~
Section /. All plats of, or purporting to be Of,
additions or subdivisions thereof, to any town or
city in this state, copies thereof now Oh file in
any register of deeds office in this state, which
fail in any respect to comply with the law in force
at the time OF their making, execution, certlfca-
ton or recording, withr gard to either the making,
execution, Certication or recording thereof, or any
or all Of said matters, are hereby lcgalized and
confirmed to the same extent and with the same
effect as if the had been in all respects prop
erly made, executed, certified and filed.
Sec. 2. In all cases where said plats, or copies,
or any of them, fail to identify or show upon their
face, the tract of land covered or intended to be
covered thereby, the surveyors, or one of them
who laid ont or surveyed the same, may within one
year from the passage Of this act, make and iein
the registers Office Of the proper county, certi-
cat, duly executed and acknowledged by him, as
deeds are to be executed and acknowledged,
wherein he shall set forth at length full descrip
ton Of the real estate covered by the plat made
By him, which certificate executed shall be filed
Office and shall by said register, be recorded at
length in a book to be by him provided for that
purpose, entitled, " Book of Plat Certificates
And said register shall thereupon note upon the
plat and copy thereof filed in his Office, and re-
ferrcd in such certificate the fact of the filing of
such certificate, and the book and page where the
record thereof, shall, together with such plat, be
prma face 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 now by law provided
for Hing and recording such certificate, to be paid
by the person offering the same for record.
referred to shall have died, Or his place of abode
he unknown, be unable for any reason, or refuse
TO make and execute said certificate, the same may
be so made by any one or more OF the proprictors
who has signed any such plat which certificate so
made by sach proprietor shall be sworn to by him
correct in ali respects, and shall thereupon to-
Rether with such affidavit made thereon, be filed
ana recorded as above provided, with like effect in
All respects.
Sec. 4. In case the surveyor proprietor above
referred to- for any reason, fails or neglects to-
certify to such plat as above provided, or suh cets
titicate he not recorded and filed within thrre
months after the passage of this act 1t shslf there
or claiming any interest in anySlet 81 tact 81 sna
included in, described or intended to be descrtkfd
Il His q fy ssss y Any ss
fled, at amy general or special term thereof, b5
petition inswritng duly verified as complaint In
civil action, to have established by the judg-
1nent of said court, the real estate covered,
or intended to be covered by said plat. Such
petition shall set forth the lot or tract CLAIMED
by such petitioner, the name of the plat to be
corrected or affected, and full description of
the real estate claimed to be covered or to have
Il, tn he hv auCh mis- So
court shall thereupOn have Jurisdiction of such
proceeding, aud shall thereupon make and enter
thereof to he given to all persons having or claim
ing any estate Eterest or lien, in or to the land
mentioned in such petition, covered, or intended
to be covered by the plat therein named, by publ
cation OF certified copy Of such order in news
paper printed and published in said city, and
nam"d therein, for not less than six successive
motto" shall set forth the filing of such petition,
the name of the applicant, description of the
real estate by him claimed to be covered by snch
plat, the Of such plat, and the time and place
Of hearing of such ettion, which shall not be
less than twenty days after the last day of publ
cation OF such notice, and shall be ut general or
ton OF such order and notice shall be made by the
printer or publisher Of snch newspaper, as in cases
OF foreclosure OF mortgages by advertisement,
and filed in said court, and SAID publication shall
De deemed and ia ken to be personal service upon
all persons having or ella ming any right, title,
estate interest or lien in or 10 the said real estate
ms an interest III any lot or tract within the real
estate SO described, in said real estate, or in the
real estate covered by said plat as 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 10 the granting of such petit
non, III whole or in part. and may further affirm
atlvely 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
as nearly as may be as in suits in equity in said
court, and give judgment the facts may appear
certified copy of such Judgment shall thereupon
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 it shall see fit.
Sec. 5. Such plat plats and copies thereof
together with such certificate, affidavit or judg-
rnent Pertan ming thereto, record thereof OF
certified copies thereof. shall thereupon he received
IN evidence in all cases with the same force and
erect in all respects as if the 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 :. This act shall take effect and be in force
from and after its passage.
Approved November 18th, 1881.