The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1889-05-09


such corporation whenever such board Of
trustees shall have duly passed q resolution
to such effect, and shall have duly amended
the articles of incorporation as to such
changes, alterations and amendments in the
manner provided by law and shall file a. GER
tllicate or such amendment, alteration or
change in the ofiice of the register of deeds
OF the county wherein such corporation has
or had its principal place of transacting bust
state within ninety (9O) days after the pas.
sage Of such resolution by said board of
trustees, provided such bylaws, rules
ana regulations are not repugnant to this
sttution of the United States.
Sec. 2 This act shall take effect and be In
force from and after its passage.
Approved April "a, 1880
ISL.
II. F. No. 1,159-AN ACT to amend section
one OF chapter ninety-nine Of the General
Laws OF 1888, relating to acknowledge
Be it enacted by the Legislature Of the State
of Minnesota:
SECTION l. That section one O of chap
ter ninety-nine Of the General Laws Of the
year A. D: 1883, be and the same is hereby
amended by adding to said section the toll
lowing: Any acknowledgment by or on be-
half of corporation made substantially in
the form herein prescribed, shall be prima
facie evidence Of the facts therein recited
executed by authority of its board of direct
ors or trustees, and that such corporation
was competent and authorized to make such
conveyance.
force from aud after it's passage.
Approved April "a, 1889.
1S2.
II. F. No. 1,299.-AN ACT to provide for
the draining OF lands in any town in this
nv 0f ho
cannot be done without affecting the lands
of others, and to repeal chapter ninety nine
(99) of the General Laws Of A. y. 1887:
Be it enacted by the Legislature Of the State
SECTION l. That the supervisors Of any
town in this state are hereby authorized to
lay out or establish any ditch or drain within
the limits of such town for the purpose Of
for. by any number Of legal voters who own
real estate. or who occupy real estate
under the homestead pre- -emption laws of the
United States, or under contract from the
done without affecting the land Of others.
SEC. 2. Whenever any number OF legal
voters, as aforesaid, determine to petition
the supervisors for laying out or construc-
their petition to be posted up in three of the
most public places of the town twenty (2O
days before any action is had in relation
thereto. Such petition shall describe as near
as possible the course Of such ditch, and
shall give as near as possible the points
where such ditch shall begin and where the
same shall terminate, and description Of
the lands through which such ditch shall be
proposed to be constructed.
SEC. 8. Upon receiving such Petition tho
supervisors shall, within thirty (3O) days,
make out notice and fix therein time and
place at which they will meet and decide
upon such petition. and SHALL at least ten
QO) days previous to such time, cause such
notice
land through which such ditch is proposed
to be constructed, which notice shall be
served personally or by copy left at the usual
place Of abode Of each OF seid occupants.
proof OF such service, to be made by an affi-
davit OF the supervisors making such notice.
SEC. 4. The supervisors, at the time and
place fixed in said notice, shall proceed to
examine 9a{ the ,eEr59rS
sons for or against the laying out or con.
structing Of The same, and shall decide upon
the application as they deem proper. If they
decide IN favor OF laying out or constructing
be made out, an accurate description thereof.
and incorporate the same in an order to be
signed by them. and shall cause such order,
together with all the petitions aud atiidavtts
office Of the town clerk, who shall note the
time of filing the same, and. On refusal OF
the supervisors to lay out aud construct such
ditch. they shall note the fact on the back OF
petition and file the same as aforesaid Al Or
award OF damages shall be made out and
filed within five ~ days after the date OF
the order for laying out or constructing such
ditch but the town cle ! shall not record
final decision is had, and not then unless
such order is confirmed: and in such case the
supervisor shall fail 10 file such order within
b WSn, S 29 DAYS 5esy sha Pc deemed to
SEC. 5. An Order laying out or directing
the construction of such ditch and a copy Of
the record duly verified by the town clerk
shall be received in all courts as competent
evidence of the facts therein contained, and
shall ne prima facie evidence Of the regu-
larity Of the proceedings prior to the making
of such order. except in case Of appeal when
an appeal has been taken within the time
limited by this act.
SEC g. The damages sustained by reason
of laying out or construction Of such ditch
may be escertained by the agreement Of the
owners and supervisors and unless such
agreement is made and the owners shall in
same shall be assessed in the manner herein
after prescribed before the same is open or
used. Every agreement OF the owners shall
be filed in the town clerks Office and shall
forever preclude the owners Of lands from
all further claims for damages not only for
the taking Of land In the construction Of
such ditch, but also shall preclude the owner
from any claim for damages by the use o4
such ditch. In case, the supervisors and
the owners of lands claiming damages can
not agree, and II the owner OF any land
through which any such ditch shall be LAID
out or constructed is unknown the super
visors shall, in their award specify the
amount of damages awarded by them 70 al
such owner or owners, giving a perfect
description of such parcel of land in their
award. The supervisors shall assess the
damages at what they deem just and right
with each individual with whom they cannot
agree and deposit statement Of the amount
of damages so assessed to each Individual
with the town clerk, who shall note the time
of fling The same. The supervisors, in all
cases of assessing damages, shall estimate
the damages and benefits which such ditch
and the construction thereof will confer on
the claimants for the same as well as the dis.
States land who has made his declaratory
statement for the same in the proper land
office shall, for the purpose OF this act, b
considered the owner Of such land.
the General Statutes Of one thousana, eight
bundled and seventy eight Qs7e) and
the acts amendatory thereto relating to
appeals from the award Of damages in the
laying out of highways shall be applicable TO
an appeal from award of damages in laying
out or constructing bitches under the pro-
visions Of this act, and such appeals shall DO
conducted under the provisions of said laws.
SEC. g.. Whenever the supervisors shall
have laid out, or authorized the construction
of said ditch or drain In conformity with the
provisions of This act the parties petitioning
therefor shall have full power to construct
such ditch or drain. provided, however, that
before they shall enter upon the lands OF
others to open such ditch or drain the petit
TONERS shall pay. or cause to lie paid, such
sums of money as may have been assessed
by the supervisors as damages 10 the owners
thereof.
SEC g. That chapter ninety nine (99) OF
the General Laws Of one thousand eight hun
dred and eighty seven Q8a7) be and 10
hereby repealed.
SEC. 10. This act shall take effect and be
in force from and after its passage.
Approved April "a, 1889.
l93.
H. F. NO. l3l8.-AN AIT to amend an act
entitled AN act to prevent debtors from
giving preference to creditors, and to &C.
cure the equal distribution of the property
of debtors among their creditors, aud for
the release Of debts against debtors"