May assess railroad companies.

Warrant for collection.

Lien on real estate.

Notice of collection by publication.

and the said assessment, as so confirmed and established, shall be final, conclusive and binding upon all parties interested, and no appeal shall lie in any case from such confirmation; and the several amounts charged in such assessment as so confirmed and established against the several lots and parcels of land therein mentioned, shall be collected as hereinafter provided.

If any assessment be annulled or set aside the said officer or officers designated to make such assessment shall proceed de novo to make another or new assessment in like manner, and like notice shall be given as herein required in relation to the first.

SEC. 11. When in any case any portion of the cost and expense of making any improvement mentioned in this act shall by virtue of any valid law or ordinance, or by virtue of any valid contract, be chargeable upon any railway company, the amount so chargeable may be assessed upon such railway company, and the balance only upon real estate chargeable as provided by this act, and the city may collect the amount so assessed upon said railway company by distress and sale of personal property, in the manner provided for by the general laws of this state in the case of taxes levied upon personal property, or by suit brought for that purpose; provided, however, that any real estate belonging to such railway company shall be assessed as in other cases.

SEC. 12. When any special assessment shall have been confirmed it shall be the duty of the clerk or recorder to issue a warrant for the collection thereof, which shall be under the seal of such city, and signed by the mayor and such clerk or recorder of such city, and shall contain a printed or written copy of the assessment roll as confirmed as aforesaid, or so much thereof as describes the real estate and the amount of the assessment in each case.

SEC. 13. All warrants issued for the collection of special assessments shall be delivered by the clerk or recorder to the city treasurer of such city within five days thereafter, taking his receipt therefor.

SEC. 14. All assessments levied under the provisions of this act shall be a paramount lien on the real estate upon which the same may be imposed, from the date of the warrant issued for the collection thereof.

SEC. 15. Upon the receipt of any warrant for the collection of any special assessment authorized by this act, the city treasurer shall forthwith give notice by one publication in the official newspaper of the city that such warrant is in his hands for collection, briefly de

scribing its nature, and requiring the respective owners of the several lots and parcels of land mentioned in such assessment to pay the amount therein assessed against such lots or parcels respectively, to said city treasurer within thirty days from the date of the first publication of such notice.

sessments.

SEC. 16. At the expiration of the time limited in the Unpaid asnotice required by the last preceding section, the city treasurer shall return to the recorder a list duly certified by him, said treasurer, of the assessments so made which shall remain unpaid, giving in such list the description of the several lots or parcels on which the assessments have not been paid, and the several amounts assessed thereto,

The city recorder shall thereupon add to each such Penalty. delinquent and unpaid assessment a penalty of ten per cent, and forthwith transmit a duly certified list of such unpaid assessments, with a description of the several lots or parcels of land on which the same are made, and the names of the respective owners thereof, if known, to the county auditor of the county in which such city is located, who shall enter the several amounts of the said unpaid assessments on the tax list for such city for the next ensuing year, and levy the same upon the several lots or parcels of land to which the same are respectively chargeable, and the same shall thereupon be collected as other taxes on real estate are collected.

SEC. 17. No assessment in this (chapter) provided for shall be set aside or held invalid by reason of any error, omission, informality or irregularity in the proceedings prior to the entry thereof on the tax list by the auditor of said county as hereinabove required, unless it shall appear that by reason of such error, omission, informality or irregularity substantial injury has been done to the party or parties claiming to be aggrieved.

The certified list of all unpaid assessments transmitted by the city clerk to the county auditor, as designated in this act, shall be prima facie evidence that the proceedings up to the date of such certified list were valid and regular.

SEC. 18. In all cases where any court shall hereafter for any cause whatever set aside or declare void any assessment made under any of the provisions of this act the city council shall without unnecessary delay instruct its officer or officers to make a reassessment or new assessment to defray the expense of such improvement, and such reassessment or new assessment shall be made in accordance with the provisions of this act,

not invalidated, except.

Assessments

Reassessment

Issue of new warrants.

Suspension of work.

Affidavit of publication,

and when the same shall have been made and confirmed by the city council, it shall be enforced and collected in the same manner that other assessments are enforced and collected under this act.

And in case where any court shall hereafter set aside or declare void any assessment upon any lot or parcel of land for any cause, the said lots or parcels of land may be reassessed or newly assessed from time to time until each separate lot, piece or parcel of land has paid its proportionate part of the costs and expenses of said improvement as near as may be.

SEC. 19. In all cases where the city treasurer, county auditor or county treasurer shall be unable to enforce the collection of any special assessment authorized by this act by reason of irregularity or omission of any proceedings subsequent to the confirmation of such assessment, the clerk and mayor of such city are hereby authorized and empowered to issue a new warrant to the treasurer for the collection of any assessment which by reason of such irregularity or omission remains unpaid or not collected.

Thereafter all proceedings shall be had under such new warrants to enforce the assessments therein specified in the same manner, as near as may be, as is prescribed by the provisions of this act for the enforcement and collection of special assessments after the same shall have been confirmed as in this act provided, and as often as any failure shall occur by reason of such irregularities or omissions a new warrant may issue and new proceedings be had in like manner til such special assessment shall be fully collected as to each and every tract and parcel of land charged therewith.

un

SEC. 20. In all cases where work contemplated by the provisions of this act shall be suspended before final completion by failure of the contractor to perform the same, or for any other cause, the city council may relet the unfinished portion of such work in the same manner, as near as may be, as provided in this act for the letting of contracts, and in every case of such new contract the work shall be paid for in the same manner as contracts for other like improve

ments.

SEC. 21. When any notice is required to be published in any newspaper under this act an affidavit of the publisher or printer of such newspaper, or of the foreman or clerk of such publisher or printer, annexed to a printed copy of such notice taken from the paper in which it was published, and specifying the time when, and the paper in which such notice was published, shall

be evidence in all cases and in every court or judicial proceeding of the facts contained in such affidavit.

SEC. 22. If for any cause the proceedings of the city council or of any officer may be found irregular or defective, whether jurisdictional or otherwise, the city council may order a new assessment from time to time, and as often as need be, until a sufficient sum is realized from the real estate abutting on the street in which such improvement has been made to pay the costs, damages and expenses incurred thereby, it being the true intent and meaning of this act to make the cost and expenses of all public improvements provided for in this act local to such city and payable by such abutting real estate.

SEC. 23. This act shall take effect and be in force from and after its passage.

Approved March 12, 1897.

When new may be or

assessment

dered.

CHAPTER 51.

H. F. No. 156.

eontracts, re

idays.

An act to amend section 10 of chapter 23 of general Notes and statutes of 1878 being section 2230 of general statutes lating to hol1894, relating to the time of payment of bills and notes due or payable on holidays and contracts to be executed on holidays, and relating to the protest of bills and notes due or payable on such holidays.

Be it enacted by the Legislature of the state of Minnesota:

SECTION 1. Section 10 of chapter 23 of general statutes of 1878, being section 2230 of general statutes 1894, is hereby amended so that the same shall read as follows:

Bills of exchange, drafts, promissory notes, and contracts due or payable or to be executed on Sunday, Thanksgiving day, Good Friday, the first Monday of September, the first Tuesday after the first Monday of November of each even numbered year, Christmas day, New Year's day, the twenty-second day of February, the fourth day of July, the thirtieth day of May, the twelfth day of February, or on the following day when either of the six days last mentioned occurs on Sunday, shall be payable or performable upon the business day next preceding said days; and in case of non-payment or non-fulfilment, shall be noted and protested upon such preceding day; but notice of the dishonor, nonpayment or non-fulfillment need not be given until the business day next following the days above specified.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved March 13, 1897.

CHAPTER 52.

An act to permit villages or cities situated in one or more towns to separate themselves from the town government of the towns in which they are situated, for all purposes.

Be it enacted by the Legislature of the state of Minne

sota:

SECTION 1. That any incorporated village, city or town in this state situated in one or more towns may at any annual or special election, by an affirmative majority of votes cast at such election, be made a separate election district, and a separate assessment district, and become separate from the town or towns in which such village, city or town is situated, for all purposes, and any town may in like manner separate itself from any village or city within its limits; provided, that it shall be lawful for any towns in which any village, city or town so separated is situated or partly situated, to hold its town meeting and any election within the limits of said village, city or town, at a place to be designated therefor; but no resident of such village, city or town shall have the right to vote at any such town meeting or election.

SEC. 2. Whenever it is desired to submit such a proposition to the voters of any such village, city or town, notice thereof, signed by at least twenty electors of the village, city or town to be separated, shall be filed with the village, city or town recorder. When any such notice is filed with the village, city or town recorder not less than twenty days before the annual village, city or town election, he shall give notice thereof, in the notice of such annual election, but where such notice is filed more than twenty days before the annual election, it shall be the duty of the village, city or town recorder to give notice of a special village, city or town election for the purpose of voting upon such proposition, in the manner provided for calling special village, city or town elections in such village, city or town. If a majority of the votes (which) are cast at any such election upon such proposition be in favor thereof, the said village, city or town,