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dered.

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 when new

assessment council or of any officer may be found irregular or de- may be or: fective, 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.

CHAPTER 51.

H. F. No.156,

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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 Minne

sota:

performable on business

ing.

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 con- Payable or tracts due or payable or to be executed on Sunday, or Thanksgiving day, Good Friday, the first Monday of day precedSeptember, 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.

S. F. No. 154.

CHAPTER 52.

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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

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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,

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from and after the determination of such results, shall be separated for all purposes from the towns or townships in which it is situated.

Sec. 3. In case any village, city or town, and the Joint indebttown or towns in which any village, city or town is ca located shall heretofore jointly or together have contracted any bonded or other indebtedness, then and in every such case, it shall be the duty of the county auditor in the county in which such village, city or town and towns are located, to apportion the amount of the taxes necessary to be levied in each year to pay the interest and principal of such indebtedness, as the same may become due and payable, upon the taxable property of such village, city and town or towns pro rata, according to the valuation of such town, towns and village or city until such joint indebtedness with the interest thereon is fully paid. Where such indebtedness is to be provided for by tax levied upon the property of such village, city and town, or towns jointly, it shall be the duty of the board of supervisors in each of the towns thereby affected to file with the county auditor a statement showing the amount of taxes to be raised for such purpose.

Sec. 4. If, by a majority vote, the proposition car- Separate recries, then within ten days after the election the village, lists. city or town recorder shall notify the county auditor of the county in which said village, city or town is located; and the county auditor shall after that time keep the records and tax list separate and distinct from the town or towns in which such village, city or town is located in the same manner as the town records and tax lists are kept.

Sec. 5. This act shall take effect and be in force from and after its passage.

Approved March 15, 1897.

ords and tax

CHAPTER 53.

H.F.No. 175.

An act to provide for attaching territory to indepen- School dent or special school districts.

districts.

Be it enacted by the Legislature of the state of Minne

sota:

SECTION 1. That whenever the principal part of the To attach

territory. territory in any incorporated town or city in this state is organized as an independent school district or a special school district, and any portion of the territory

On petition.

Notice and hearing.

included within the incorporated limits of said town or city is not connected with said independent or special school district, it shall be lawful to attach the said territory to said independent or special district in the manner hereinafter set forth.

Sec. 2. A petition signed by a majority of the resident freeholders who are entitled to vote at school meetings in the territory so to be attached, stating that said petitioners desire to have said territory attached to said independent or special district, shall be presented to the board of trustees or board of education of said independent or special school district, at any regular or special meeting thereof. The territory to be so attached shall be accurately described in said petition.

Sec. 3. Upon the coming in of such a petition, the said board shall fix a time for the hearing of said petition and shall cause notice of said hearing to be served upon the clerk of each district affected by said proposed change and also to be posted in three conspicuous places in the said territory so to be attached, which notice shall be so served and posted at least ten days before the date fixed for said hearing.

SEC. 4. At the time fixed for said hearing the said board shall hear all parties interested in the said matter and consider the said petition, and shall enter their order relating to the same, and said order so entered shall be final.

Sec. 5. This act shall take effect and be in force from and after its passage.

Approved March 18, 1897.

Order to be final,

H, F, No. 26

CHAPTER 54.

Assessment and collection of taxes.

An act to amend section fifteen (15) of chapter two (2) of the general laws of eighteen hundred and eightyfive (1885), the same being an amendment of section sixty-nine (69) of chapter eleven (11) of the general statutes of eighteen hundred and seventy-eight (1878), relating to the assessment and collection of taxes.

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Be it enacted by the Legislature of the state of Minne

sota:

Amendment.

SECTION 1. That section fifteen (15) of chapter two (2) of the general laws of Minnesota for the year eighteen hundred and eighty-five (1885), be and the same is hereby amended so as to read as follows:

Sec. 15. On the first day of June of each year a

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one-half pay

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penalty of ten (10) per cent shall immediately accrue. 10 % penalty

.. after June 1. and thereafter be charged upon all unpaid taxes on real estate on the lists in the hands of the county treasurer, and any treasurer who shall make out and deliver any receipt for such taxes without including such penalty therein, and who shall receive payment of such tax without including such penalty therein, shall be liable to the county for the amount of such penalty; provided, Provisi that if one-half (12) of the amount of the tax on any ment of taxes. real estate shall be paid before the first day of June of each year, then no penalty shall be charged or collected on the one-half (42) remaining unpaid, provided, such one-half (12) remaining unpaid shall be paid before the first day of November of each year, but if said remain- Remaining ing one-half (42) of said tax shall not be paid before before Nov. 1. said first day of November, then a penalty of ten (10) per cent shall immediately accrue, and thereafter be charged upon the one-half (12) of any such real estate tax remaining unpaid. On the first Monday in January of each year, the county treasurer shall return to the county auditor the several tax lists in his hands, haying compared the same with his duplicate receipts on file in the auditor's office, and written opposite the amount of each tax so receipted for, the words "paid in full” or “one-half paid" as the case may be, and the number of the treasurer's receipt or receipts given in discharge of such tax, and each tract or lot of real property against which the taxes or any part thereof Delinquent. remain unpaid shall be deemed delinquent, and there- day in Jan.,

5% additionupon an additional penalty of five (5) per cent on the al penalty. amount of the original tax remaining unpaid shall immediately accrue, and thereafter be charged upon all such delinquent taxes; and any auditor who shall make out and deliver any statement of delinquent taxes without including the penalties imposed by this section therein, and any treasurer who shall receive payment of such taxes without including such penalties, shall be liable to the county for the amount of such penalties omitted.

Sec. 2. This act shall take effect and be in force from and after January first (1), eighteen hundred and ninetyeight, (1898).

Approved March 18, 1897.

after 1st Mon

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