The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1903-05-02

recorded shall constitute upon the part Of
such city an acceptance of such terms;
conditions, restrictions and purposes, and
shall be valid contract, between such
city and the donor Of such property, his
heirs, or successors or assigns.
Sec. 8. Such property shall for all pur-
poses and so long as the title thereto re-
mains in such city be held to be property
owned by such city and used exclusively
for public purposes, and shall be exempt
from taxation.
Sec. T. This act shall take effect and
be in force from and after it's passage.
Approved March 3, 1903.
CHAPTER 23-H. F. NO. lis.
AN ACT to "a amend Chapter S4e' General
mine the descent of real estate in GER
tain cases and to assign the same and
make record thereof"
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Section Of chapter s4e;
General Laws of 1901, is hereby amended
so that the same shall read as follows,
the petition Of any person, claiming any
interest in real property, to the probate
court of any county, wherein said real
property or any part thereof is situate nsa
since the death of any person who died
owning said real property or some inter-
est therein, and that no VIII has been
probated and no administration granted
in this state upon the estate of such de-
cedent, it shall be the duty of the probate
court to issue its order for hearing on
such petition, and the same shall be
served and published as provided by law
for the service and publication Of notice
for hearing Of petitions for final DEGREES
in said court, and such petitions shall be
heard in like manner with the petitions
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved March 3, 1903.
CHAPTER 24-H. F. NO. 254
AN ACT to authorize and empower the
city council or common council of cities
in this state of over SO, 900 Inhabitants
to use the proceeds thereof for defray
ing the cost of making certain local
improvements in advance Of the collec-
ton Of the special assessment levied
reporting and supplying any impair
ment or depletion of the fund into
which the proceeds of said bonds come.
Be it enacted by the legislature of the
Section 1. The city council or common
council Of each and every city in this
state now or hereafter having over $4,000
Inhabitants, in addition to all the rights
law, is hereby authorized and empowered
for the purposes herein designated, to
negotiab}e bonds Of their re respeetive ' city
to an amount in the aggregate not to ex
coed three hundred and fifty thousand
dollars ($350, 000.oo), said bonds to be
at such places and at such times, not to
exceed ten years from the date thereof
as may be deemed best, and to bear in,
one-half (a1a) per cent per annum, pay
able semi-annually and to have interest
coupons attached: payable at such place
or places as shall be designated therein,
and said city council or common council;
as the case may be, is further authorized
to negotiate and sell such bonds from
time to time to the highest bidder or bid
that can be obtained for said bonds. Pro
vided, that no such bonds shall be sold
for less amount than the par value
thereof and interest
shall not be issued until the issuance
thereof is authorized by resolution duly
passed by a f1ve-sixths vote, of all the
members Of Of the city council or com.
and no bonds shall be issued under the
provisions Of this act after six months
from the date of it's passage.
Sec. 2. Nothing herein contained slla II
authorize the issue at any time of the
bonds OF any such city to such an amount
that thg wh9ls aR3eunt 81 ths pgiRsipal ef
and still outstanding, including water and
light bonds, together with the proposed
issue, less the amount Of the bonds of
such city which shall be in and consti-
city for the payment of bonds, shall eX-
coed ten per cent Of the assessed valua-
ton Of the non exempt taxable property
Of such city as shown by the last preced-
ing assessment.
Sec. 3. All bonds issued under author
1ty or this act shall be sealed with the
s seal Of IT. the e. city issuing the same and
clerk or recorder and countersigned by
the city comptroller, if such officer ex-
lists in such city: The proceeds of any
the city treasury Of the city issuing tho
same, and shall constitute a special fund
and shall be kept distinct from all other
funds Of the city except from funds used
for the same purpose, and shall be used
only for the purpose Of paying to the
amount of the special assessment duly as
sessed and levied therefor and in advance
of the collection Of such assessment, "a
the cost of paving, repairing or macadam-
ling any public street. lane or alley in
cutters along any such, street, lane or al
ley; 60 the cost Of laying any curb stone
along, any such street, lane or alley; (not
including sidewalk proper on any such
ing, relaying or extending any sewer pipes
in or through any such street, lane or
alley or other public grounds any por-
ton thereof; and the proceeds of said
any other purposes than those hereinhe-
fore specified.
All said assessments the amounts Of
which have been advanced from the spe-
cial fund hereby created. and used purs,l :
ant to the provisions Of this act for pay
Ing the cost of local improvements for
which such assessments are levied. shall.
together with all penalties and accrued
interest thereon, when collected be paid
into the city treasury to the credit Of the
special fund hereby Great ted, and the sa mo
n ,yf1F tn
fund and shall be used only for the p11r-
poses Of said special fund as hereinbeforc
expressly provided.
Sec. a.. 1t shall be the duty Of the city
comptroller Of said Cities or other officer
having like duties in case there be no city
comptroller, to ascertain annually, at the
end of each calendar year. to what extent.
If any, the whole special fund In which
said proceeds Of said bonds is placed and
Of which fund said proceeds form all or
any, part, has been impaired or depleted
cause, and shall state in his annual report
the amount of cash in the city treasury
belonging to said fund, the amount OF
uncollected and unimpaired assessments
gether with the amount of said IMPAIR
ment or depletion of said fund. if any.
the same to be itemized under the re-
spective causes Of such impairment or de-
pletion. In case said impairment or de-
pletion Of said fund, or any part thereof.
arose by reason of any such special as
sessment being less than the actual cost
Of the Improvement for which the assess
ment was made, it shall be the duty Of
the proper officer or officers of such city.
and they are hereby empowered to cause
to be made against the property which
was underassessed so as to bring the
whole assessment against said property
up to the actual cost Of such improve
ment. In case any portion Of said impair
ment or depletion so ascertained arose
from other cause than such underassess-
ment, it shall be the duty of the city
GERS Of such city, to transfer from the
permanent improvement funds Of such
city to said impaired or depleted fund the