The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1909-04-30

fairly stated therein. they shall SO certify
| to the state auditor OF the State OF Mime
that a refundment should be made to the
holder of said certificate or certincates, or
amy Of them for the tSonfan the
| Of the amount paid therefor. together with
| the amount of other subsequent taxes upon
| but without interest upon any of said
| amounts. and upon the surrender or proper
auditor shall draw an order upon the treas
urer of said county for the sum SO author
signed sign and ' paid like other county orders.
The several funds-state. county, town, city,
village school and otnsr nroporsions Of the
Sec. g. This act shall take effect from
| and after its passage. ,ooo
Approved April "a, 1908.
CHAPTER 4s2-H. T. NO 1856.
AN ACT relating to the liability of towns
and territory detached therefrom in cases
where bonds have been heretofore issued
thereby and the territory comprising same
has been thereafter divided, or territory
detached therefrom, ana ,Pa spSviaahs the
manner of enforcing such liabilly.
Be 1t enacted by the Legislature OF tne
State of Minnesota: :.
| this state has heretofore been incorporated
| or has been attempted to become incorpor-
ated into a town under the laws OF TINS
state, and has acted or assumed TO act as
"
purported to exercise or assume the pre-
negatives, privileges, functions or duties OF
town and where the SAID Town or puI
| ported town has prior to SUCH division or
! detachment of territory therefrom, actually
| issued its bonds. for valuable considera,
tion received by said town. or purported
| town, and the said town or purported town
was thereafter, and after issuance OF SAID
| bonds and the receipt of the consideration
| therefor divided or constituted into one
| or more additional towns. or the territory
constituting, or purporting to constitute
portion of such town or pufpotseo low .omn
either by the vote of the people, or by
operation of law, or by reason that at
the time of the Incorporation or attempted
| or purported Incorporation of said town.
territory not proper or laWI9t TO De IN
cluded therein was so included, or pur.
ported to be included, or by reason that
| at the time of said incorporation or pur-
ported Incorporation the boundary lines OF
the county wherein said town was SO IN,
corporated or purported to be Incorporated
was in doubt or was unknown, and because
thereof for any other reason, territory
purported to be included within said town
| so Incorporated purported TO be lncor-
| porated, and where such original town has,
since such division such detachment or
| territory therefrom, continued to act as
and perform the functions and duties OF a
town under the laws Oh TINS ms. STATE, an 40
territory, and either before or after SIX
years prior to the time of the passage of
this act, paid the said bonds so issued as
aforesaid, or the interest thereon, or either
of the same, any part Thereon, and such
| territory so detached or set on has since
the issuance of said bonds been fncorpor-
ated purported to become incorporated
into a town under the laws of this
state, and has been since. ana is now e4 *
1 town under the laws OF TINS state. and
| such portion thereof of such detached or set
off therefrom, or such new town compris-
| ing the same. has not. since such division
| or detachment paid any portion of the
amount Of such bonds or interest thereon
| hap md ~, hot nr
| them, the said territory 80 set off or de-
| tached and the said town comprised there
| of shall nevertheless be liable for and
shall pay to such original town which has
| paid the said bonds such pro-rata share Of
i the whole Of such amount or amounts SO
| or either of both thereof of such original
! town. after such division or detachment
Of territory, as the proportion of the as
| sessed valuation of all taxable property
/ in such town or such detached or set
| off territory, fixed by the state board of
payment of or on said bonds and interest
| thereon. or either of them bears to the as
| sessed valuation Of all taxable property as
| then likewise equalized In the entire terri
| tory comprising such town or purported or
| de facto town at the time of the issuance
| of such bonds.
| shall in any manner effect any action or
proceeding now pending in any OF the
courts Of this state in relation to any
| bonds issued.
Sec. 2. Any town which has paid any
! of said bonds and interest as hereinbefore
/ provided, may maintain an action in any
| of the courts of this state against the new
| town comprising such territory detached
| or divided from such original town as pro,
establish the amount for which such new
| town or the territory comprising the same is
liable as provided in section / hereof, and
may obtain judgment therefor against such
new town comprising the territory liable
| therefor and all the provisions Of Sections
| 696 and 697, Revised Laws of 1908, shall be
applicable to the enforcement of any judg-
ment obtained or rendered. provided
that. II said Judgment is not paid or
annual town meeting mentioned in said
section 697 the town board does not add
| levy as therein provided, the court shall
thereupon. on motion on behalf of the plain
| tiff. and in such original action. and upon
| proof of such failure. order the county au-
dftor of the county wherein such town
| against which judgment was rendered is
situated, to enter the amount of such judg-
ment tax against the taxable property
! of such town liable therefor. and it shall
thereupon. become and be the duty of such
county auditor to forthwith assess, enter
and spread the as tax against such
taxable property and enter the same as
| such tax on the next succeeding tax dupli-
Gates of his said county and the same shall
be levied and collected as other taxes and
shall. with interest. when. and as the same
is collected, be paid over by the said
county treasurer to the town treasurer of
such town obtaining such Judgment
Sec. 8. This act shall take effect and be
Approved April "a, 1909.
| CHAPTER 4es-H. F. NO. 1874
AN ACT fixing the charges to be paid to
the railroads for transporting the Minnesota
national guard or the Minnesota naval
militia or reserve and their baggage. the
terms of transporting the same and pre-
scribing a penalty for the violation of
said act.
Be 1t enacted by the LEGISLATURE Of the State
of Minnesota:
| Section l.. Rate Of one cent.-That when
ever 1t shall be necessary for any or all of
guard or the Minnesota naval militia or re-
| serve to travel upon any railroad in the state
under orders from competent authority to
| perform military duty, such railroads shall
| cent per mile for the whole distance to be
| travelled upon such railroad or railroads
within the limits of the state for each Of
fcer or enlisted man so carried, including the
| usual amount Of baggage: and all station
| or ticket agents or conductors shall sell
first class tickets or furnish first class passage
at the rate named upon being notified that
such officer or officers or enlisted men are
| travelling upon military duty. Such noti-
fication must be issued by the adtutant gem
eral and may be by telegraph or by fling
general for such transportation with the
station or ticket agent or conductor. This
rate shall apply to officers or men travel
panies so that whenever one or more mem
| bers Of the guard shall present an order for
transportation issued by the adjutant general
by the conductor and received in lieu Of fare.
and when presented by the railroad COM
panies to the adjutant general shall be au-
dited to be paid at once at the fixed rate.
road agent officer thereof, any person
whose duty 1t is to transport or carry pas
sengers or baggage thereon. who shall will
fully refuse to transport or furnish the
| ms franSnnrffnQ n ha of