Surveyors to certify descriptions.

regard to either the making, execution, certification or recording thereof, or any or all of said matters, are hereby legalized and confirmed, to the same extent and with the same effect as if the same had been in all respects properly made, executed, certified and filed.

SEC. 2. In all cases where said plats or copies, or any of them, fail to identify or show upon their face the tract of land covered or intended to be covered thereby, the surveyors, or one of them, who laid out or surveyed the same, may, within one year from the passage of this act, make and file in the register's office of the proper county, a certificate duly executed and acknowledged by him, as deeds are to be executed and acknowledged, wherein he shall set forth at length a full description of the real estate covered by the plat so made by him; which certificate so executed shall be filed and thereafter remain on file in said register's office, and shall by said register be recorded at length in a book to Book of plat be by him provided for that purpose, entitled "Book of Plat Certificates." And said register shall thereupon note upon the plat and copy thereof so filed in his office, and referred to in such certificate, the fact of filing such certificate, and the book and page where the same is recorded. And said certificate, or the record thereof, shall together with such plat be prima facie evidence in all cases of the real estate covered by said plat, to the same extent as if originally endorsed thereon. And said register shall receive the same fees as now by law provided, for filing and recording such certificate, to be paid by the person offering the same for record.

eertificates.

When proprietor may certify.

When court may determine.

SEC. 3. In all cases where the surveyor above referred to shall have died, or his place of abode be unknown, or be unable for any reason, or refuse to make and execute said certificate, the same may be so made by any one or more of the proprietors who has signed any such plat; which certificate, so made by such proprietor, shall be sworn to by him as correct in all respects, and shall thereupon, together with such affidavit made thereon, be filed and recorded as above provided, with like effect in all respects.

SEC. 4. In case the surveyor or proprietor above referred to, for any reason fails or neglects to certify to such plat, as above provided, or such certificate be not recorded and filed within three months after the passage of this act, it shall thereupon be lawful for any person being the owner of or claiming any interest in any lot or tract of land included in, described or intended to be described in or covered by any such plat, to apply to the district court of any county wherein said plat is filed, at any general or special term there

of, by petition in writing duly verified as a complaint in a civil action, to have established by the judgment of said court the real estate covered or intended to be covered by said plat. Such petition shall set forth the lot or tract claimed by such petitioner, the name of the plat to be corrected or affected, and a full description of the real estate claimed to be covered or to have been intended to be covered by such plat.

Said court shall thereupon have jurisdiction of such proceeding and shall thereupon make and enter an order therein, directing notice of the pendency thereof to be given to all persons having or claiming any estate, interest or lien in or to the land mentioned in such petition, or covered or intended to be covered by the plat therein named, by personal service thereof upon all persons resident in this state who appear of record to have such estate, interest or lien, in like manner as required for the service of summons in a civil action, and by publication of a certified copy of such order in a newspaper printed and published in said city, and named therein, for not less than six successive weeks, at least once in each week.

Such order and notice shall set forth the filing of such petition, the name of the applicant, a description of the real estate by him claimed to be covered by such plat, the name of such plat, and the time and place of hearing of such petition, which shall not be less than twenty days after the last day of publication of such notice, and shall be at a general or special term of such court. Proof of the publication of such order and notice shall be made by the printer or publisher of such newspaper, as in cases of foreclosure of mortgages by advertisement, and filed in said court. And said publication shall be deemed and taken to be due service upon all persons not resident in this state having or claiming any right, title, estate, interest or lien in or to the said real estate or any part thereof.

Order of

court, and.

notice.

claimant.

Any person having or claiming an interest in any lot objections by or tract within the real estate so described, or in said real estate, or in the real estate covered by said plat, as claimed by him, may at any time before the hearing appear in said court, in person or by attorney, and file therein in writing objections to the granting of such petition, in whole or in part, and may further affirmatively set up a full description of the real estate claimed by said objector to be covered by said plat.

court.

And said court shall thereupon proceed to hear and Hearing by determine the matter in the same manner, as nearly as may be, as in suits in equity in said court, and give judgment as the facts may appear. A certified copy of

Court shall have full power.

Finding of court as evidence.

such judgment shall thereupon be filed and recorded in said register's office, as above provided for said certificate, with like force and effect in all respects.

That said court shall have full power and control over such proceeding, and shall direct the course of practice therein, and may in its discretion award and apportion costs and disbursements therein as it shall see fit.

SEC. 5. Such plat or plats and copies thereof, together with such certificate, affidavit or judgment pertaining thereto, or record thereof, or certified copies thereof, shall thereupon be received in evidence in all cases, with the same force and effect in all respects as if the same had particularly described thereon the real estate covered thereby, and complied in each particular with the law in force at the time of the making and filing thereof. Provided, that none of the provisions of this act shall apply to any action or proceeding now pending in any of the courts of this state.

SEC. 6. This act shall take effect and be in force from and after its passage.

Approved April 1, 1897.

S. F. No. 441.

Fire limits of villages.

Councils may establish limits.

Penalty.

CHAPTER 85.

An act relating to fire limits in all villages and boroughs in this state.

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

SECTION 1. The councils of all villages and boroughs in this state shall have authority and power, by ordinance, rule or by-law, to establish and prescribe fire limits in their respective villages and boroughs, and to prohibit and regulate the erection of buildings made of wood or other combustible material within such fire limits.

And it shall be unlawful for any person, persons or corporation, to erect any building made of wood or other combustible material within such fire limits, except in accordance with such ordinance, rule or by-law.

And such council shall have power, in such ordinance, to prescribe penalties for the violation thereof, not to exceed a fine of one hundred ($100) dollars, or three (3) months' imprisonment in the county jail.

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

Approved April 1, 1897.

97 c 86 03

170

CHAPTER 86.

S. F. No. 476.

tion for coun

An act to amend section two thousand nine hundred Appropriaand seventy-four (2974) of the general statutes of ty fairs. (1894), relating to county agricultural and joint stock societies, and appropriations therefor.

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

nually.

SECTION 1. That section two thousand nine hundred Amendment. and seventy-four (2974) of the general statutes of eighteen hundred and ninety-four (1894), be and the same is hereby amended so as to read as follows: Section 2974. That the sum of fourteen thousand $14,000 andollars ($14,000) be annually appropriated out of any moneys in the state treasury not otherwise appropriated, to county agricultural societies and joint stock societies holding agricultural fairs, and Minnesota butter, cheese, dairy and stock associations, pro rata, and to be paid out in premiums at the fairs of such societies; provided, that such moneys shall be paid only to such societies as shall have an annual membership of twenty-five (25) or more members and maintain an active existence and hold an annual fair, and have paid out for premiums as much as they receive from the state under this act:

tion.

Provided, that such pro rata part shall not be paid Division of to more than one society in any county in this state, appropriawhich society shall be the oldest active society in such county; except in counties where there are two such societies of the same age, and in that case such pro rata share shall be divided equally between them and secretaries thereof respectively, upon the filing with the state auditor a sworn statement showing the holding of their fairs aforesaid, and payment of as much for premiums as they receive from the state, or that such societies have regularly advertised annual fairs and have been prevented from holding the same by weather which made the holding of same impossible, and that they have incurred expense in such advertising of such fair and in the preparation for the same, which equal the amount received from the state according to the provisions of this act; and the secretary of the state agricultural society shall on or before the tenth (10th) day of April in each year, certify to the state auditor a list of all county agricultural and joint stock societies that have complied with this act.

SEC. 2. This act shall be held to apply to the annual fairs of the year eighteen hundred ninety-seven (1897), and for all subsequent fairs.

SEC. 3. This act shall take effect and be in force from and after its passage.

Approved April 2, 1897.

S. F. No. 193.

Reimbursement for P. O. Dosseth.

State land sale.

Bought by
Dosseth.

Excess of value.

CHAPTER 87.

An act for the reimbursement and relief of P. O. Dosseth for moneys paid and to be paid to the State of Minnesota upon the purchase of a tract of state land in Wilkin county.

Whereas, prior to the sale of state lands for Wilkin county in June, 1896, the auditor of state had declared forfeited for default in making payments thereon, the contract under which the se4 of section five (5), township one hundred and thirty-six (136), range forty eight (48) (comprising 156.97 acres), had heretofore been sold, notwithstanding the fact that said original purchaser was still in possession and had sowed in the spring of 1896, about one hundred and ten (110) acres thereof to crop, which was in a good growing condition in June, 1896.

And, whereas, pursuant to his former cancellation of the contract held by said occupant, said auditor of state at the sale of the public lands in said Wilkin county, in June, 1896, offered said tract together with all crops then growing thereon for sale at public auction, and the said P. O. Dosseth, in accordance with said offer, believing he would by said purchase acquire title to both said land and crop, bid therefor(e) the sum of seventeen dollars ($17.00) per acre, and the same was struck off and sold by the state to him on said bid, and he thereupon paid thereon the sum of five hundred and thirteen dollars and sixty-eight cents (513.68), and accepted a contract under which he obligated himself to pay to the state in the installments and manner provided by law the balance of said purchase price at seventeen dollars ($17.00) per acre.

And, whereas, said P. O. Dosseth was unable to obtain said growing crop on said land the same immuring (inuring) under the law to the original defaulting purchaser who had sowed the same.

And, whereas, the land alone so sold, without the crop thereon, was at the time of said sale worth not more than twelve dollars ($12.00) per acre, a sum of seven