OCR Interpretation


The Appeal. (Saint Paul, Minn. ;) 1889-19??, May 02, 1903, Minnesota Law Supplement, Image 14

Image and text provided by Minnesota Historical Society; Saint Paul, MN

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83016810/1903-05-02/ed-1/seq-14/

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with the countv auditor a notice of ap
peal, stating that an appeal is taken to
the district court fEom the award of the
viewers, and filing with the auditor a
bond in the sum of five hundred dollars
($500), with sufficient sureties to be ap
proved by him, conditioned if the award
and decision of the viewers is sustained
the appellant will pay the cost of the
appeal and abide and satisfy any Judg
ment the court may render against him
in the premises.
Before the taking of the appeal the
auditor shall forthwith file with the clerk
of the district court the original petition,
the award and bond on appeal, and there
upon there shall be pending in the ""strict
court a civil action to determine whether
anv damage has been done the land ae
scribed in the petition, that come withm
the provision of the first section of this
Act and the amount of such damages,
and said action shall be tried in theman.
ner provided for the trial of civil ac
1 Any party may appeal from the judg
ment or any appealable order of the dis
trict court to the supreme court in the
same manner as appeals incml actions
are taken. The final judgment in tne
action, if in favor of the Petitioner shall
be certified to the county auditor and as
sessed in the manner provided in section
two (2) of this act for the assessment of
th* award of the viewers.
Sec 4 This act shall takje effect and oe
in force from and after its passage.
Approved April 14. 1903.
CHAPTRR 189S. F. N
300.of AN ACT tofSe'nl chapter teO (10)
General Laws of the btate OT
Jo'ta'for the year 1887 being an ac to
regulate common ca-riers c,*",",?
in! railroad and warehouse commission
of the State of Minnesota and denning
the duties of such commission in reia
tion to common carriers.
Be it enacted by the legislature of the
State of Minnesota:
(e) Whenever the commission in any
proceeding commenced under the provi
sions of subdivisions (e) or (f) of section
e'ght (8) of this act shall decide that It
hats no jurlsaiction to determine the rea
sonableness of any rates, fares, charges
or classifications under consideration In
such proceeding, for the reason that the
traffic covered bv said rates, fares,
charges or classifications is interstate
commerce, it mav make its order dismiss
ing the proceedings as to such tratnc,
stating the grounds for such dismissal.
Anv pa'-ty to the proceedings or mter
\enor therein, or the attorney general
av within thirty days after a copy of
sucn order is served on him, appeal to
the district court of any county of this
state in which the defendant carrier or
ary one of them, if more than one carrier
is a party to the proceeding operates any
part of its line of railroad, by serving on
the defendant earners and filing with the
commission a not:ce of appeal, stating
that he appeals from the order to the dis
trict court, naming the county and giv
ing the title of the proceedings before the
tcmmission and the date of the order. If
one of the members of the railroad and
warehouse commission dissent from tne
order of dismissal, the commission may
'crtify the question of its jurisdiction to
the district court of any county to which
the app3al herein provided mav be taken,
:n the commission shall notify defend
ant carriers and all other parties to pro
eedings that it has certified the question
to the district court, stating the county
the date of the certificate upon the
inking of an appeal or the certifying the
question of jurisdiction to the court, the
commission shall forthwith file with the
clerk of the cojrt to which the appeal is
taken or certificate made, all the papers,
p!eadings or orders, proceedings and evi
dence had before the commission includ
irg the notice of appeal and the findings
of the commission and order of dismissal,
and upon the filing of such papers, there
^hall be pending in said court a civil ac
tion for the purpose of determining the
question of jurisdiction of the commis
sion to hear and determine the reason
ableness of the rates, fares, charges or
classifications involved in the decision
nnd order of the commission hereinbefore
irferrel to. That said action may be
brougit on for hearing by either party
ten days notice in term time or in
\acations, and the court shall proceed to
hear the same upon the evidence taken
before the commission, and such further
evidence as may be offered in the manner
provided by law for tne trial of civil ac
tions. Af*-r hearing the evidence, the
our shall make its order affirming or
if versing the ord.-r of the commission
find in case the order of the commission
is reversed the proceeding shall be again
taKen up by the commission and the
nuestion Involved determined on their
Any party to the action, the attorney
general or the railroad and warehouse
commission, may appeal tfo thappeals
th
of village officers and payment of or-
|^L
^S
en
.State of Minnesota:
Section 1 Tha:tf one thousand
two hundrejdn and nineteen (1219) of Gen
eral
sec
council, attested bjr
twgri
fif+a._ M-,\ nf
Section 1. That section fifteen (i oi
chapterVn (10) of the General Laws of
1887 is hereby amended by adding the
following subdivision: ._, ir, ariV
supreme
in
curt xrom the orderd of the district court
c?vll actions1191
prov,e
Sec. 2. This act shall take effect and be
In force from and after its passage
Approved April 14, 1903.
section one thousand
CHAPTER 190-S. P. NO. 131
tirA(lT
a
men
two hundred and nineteen (1219) of the
General Statutes of one thousand eight
hundred and ninety-four (1894), as
amended by section two (2) of chanter
thirty-three (33) ofp thvel GeneralIofLaw*
of one thousand) eight hundred and
of vin
din
ne
S for duties
1899
le Sislatur the
(1884), as amended
et usection
Statutes of one thousand eight hun-
&
6
a
*y
tion two (2) of chapter thirty-three
(d3li of General Laws of one thousand
eight hundred and ninety-nine (1899) be
and the same is herebyeamended so as
read as follows:
*J"Sct&Ln
1219
Villa S Officers-Oatho
Bond Treasurer's Duties. The inhab
itants of said village having the qualifi
cations of electors of members of the leg
islature of the State of Minnesota, as
hereinafter provided, may elect a presi
dent, three trustees, a treasurer, a re
corder, and, if said village is a separate
election district, an assessor, who shall
hold their respective offices for one year
or until their successors are elected and
qualified also two justices of the peace
and two constables, who shall hold their
respective offices for two years, or until
their successors are elected and quali
fied and. before entering upon the duties
of their respective offices, they shall each
take an oath or affirmation to support
the constitution and laws of the State of
Minnesota, and faithfully discharge the*
duties of his office. The treasurer shall
give bonds for twice the amount of funds
collected. The treasurer shall keen a
true account of all moneys by him re
ceived by virtue of his office, and the
manner which the same are disbursed
in a book provided for that purpose, and
shall exhibit such account, together with
his vouchers, to the village council at its
annual meeting, or at any time when
called for by resolution of said council
for adjustment, and shall deliver all books
and papers belonging to his office, and
the balance of all moneys, as such treas
urer, to his successor office. Provided
that the treasurer shall not pay out any
moneys In his hands except upon the
written order of
thethe
president of the
recorder Th
treasurer shall, from time to time, draw
from the county treasury such mon
eys as may be due said cor
poration, for the use of said vil
Jage, and. on receipt of said moneys,
i give proper vouchers therefor. And pro
vided, further, that each and every vil
lage treasurer in this state shall keep a
suitable book, to be provided at the ex
pense of the village, in which he shall
enter the village orders that he cannot
pay for want of funds when presented
to him for payment, which orders when
presented shall be indorsed by such treas
urer by putting on the back of the same
the words "not paid for want of funds,"
giving the date of such indorsement,
signing the same as village treasurer.
Every such order shall bear interest at
the rate of six per cent per annum from
the date of presenting same to the treas
urer until the treasurer serves a written
notice upon the payee, or his assignee,
personally or by mail, that he is prepared
to pay such order, such notice may be.
directed to the payee or his assignee at
the address given in writing by such
payee or assignee to such treasurer at
any time prior to the service of such no
tice. No order shall draw any interest
if such address is not given when the
game is unknown to the treasurer.
All village orders shall be paid in the
order that they are now or may here
after be registered out of the first moneys
that come into the village treasurer's
hands for such purpose.
Sec. 2. All acts and parts of acts incon
sistent with this act are hereby repealed.
Sec. 3. This act shall take effect and
be in force from and after its passage.
Approved April 14, 1903.
CHAPTER 191.S. F. NO. 268.
AN ACT authorizing cities of over fifty
thousand inhabitants to set apart any
street or avenue or section thereof as a
parkway, to regulate and limit the use
thereof, and to place the same under
the supervision of the Board of Park
I Commissioners or other public body
I charged with the management, control
^^^^M^BiiM^W^^^^^^M
or supervision of public parks or park
ways with power to acquire building
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The common council of any
city in this state now or hereafter having
a population of over fifty thousand in
habitants, according to the next preced
ing state or national census, shall have
power to set apart any street or avenue
or any section thereof as a parkway and
to place the same under the supervision
of the board of park commissioners or
other public body charged with the man
agement, control or supervision of public
parks or parkways for such specific and
limited purposes of improvement, orna
mentation and control, including the es
tablishment of building lines and the ac
quisition of building line easements, as
may be named in the resolution or ordi
nance of such common council. And
such common council may regulate and
limit the traffic and travel upon such
street or avenue or section thereof so set
apart as a parkway and may prohibit the
hauling of heavy loads over or upon the
same, or over or upon any part thereof,
and may place such other restrictions
upon the use thereof and the vehicles
permitted thereon as may be necessary
and proper to preserve its character as a
parkway. Provided, however, such com
mon council shall not have power to set
aside as a parkway nor to limit the
traffic upon any such street or avenue
upon and along which any street car line
is now located and operated, or which Is
a direct continuation of and is used in
connection with any county road, or to
which there are no streets running paral
lel.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 14, 1903.
CHAPTER 192S. F. NO. 89.
AN ACT to authorize the state auditor,
as ex-offlcio commissioner of the land
office of the State of Minnesota, with
the approval of the governor of said
state, and of its attorney general, to
deed real estate which has become
property of the State of Minnesota by
escheat.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That in any case where any
real estate has become the property of
the State of Minnesota by escheat, and
where said property is encumbered by
taxes, special assessments, or other en
cumbrances, the state auditor of the
State of Minnesota as ex-officio commis
sioner of the land office of the State of
Minnesota, with the approval of the gov
ernor of said state and of its attorney
general, may make, execute and deliver
in the name of the State of Minnesota,
its deed to any property situated as
above described, to the holder or holders
of the several encumbrances upon said
land for a consideration to be determined
by said state auditor as ex-officio com
missioner of the land office of the State
of Minnesota, and the governor and the
attorney general of said state.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 14, 1903.
CHAPTER 193H. F. NO. 165.
AN ACT regulating the filing and record
ing of deeds, conveyances, and other
instruments relating to real property
within newly organized counties, pend
ing proceedings instituted by the state
to test the validity of the organization
of such counties, and legalizing such
records heretotore made.
Be it enacted by the legislature of the
State ot Minnesota:
Section 1. That during the pendency of
an action on behalf of the state, to test
the validity of the organization of any
new county, all deeds, mortgages, powers
of attorney and other instruments relat
ing to and affecting real property within
the territory of said newly organized
county, which by law are required to be
filed and recorded in the office of the
register of deeds for the county where
said real property is situated, may be
recorded in the office of the register of
deeds for the county in which said real
property was situated before the creation
of said new county, and such record
shall be effectual to all intents and pur
poses, and of the same force and effect
in all respects, for the purpose of notice,
evidence, and otherwise, as if said deeds,
mortgages, powers of attorney and other
instruments were actually recorded in
the office of the register of deeds for
said newly organized county. And the
register of deeds for the county in which
real property was situated prior to
the creation of said new county is re
quired to admit to record all such con
veyances, deeds, mortgages, powers of
attorney and instruments when otherwise
executed and acknowledged as required
by law, provided that nothing herein
shall be construed to authorize the rec
ord of any such deeds, mortgages, pow
ers of attorney or instruments after said
proceedings are terminated in any other
than the county where the real property
affected by said deeds, mortgages, pow
ers of attorney and other instruments is
actually situated.
Sec. 2. That in all cases where any
deeds, mortgages, powers of attorney or
other instruments conveying or affecting
in any manner any interest in or title to
real property situated in newly organized
counties have been filed and recorded in
the office of the register of deeds for the
county in which said real property was
situated at the time of the creation of
said new county, since the creation and
organization of said new county, ana
before the passage of this act,
such record is, in all respects,
legalized and made valid and ef
fectual, for the purpose of notice, evi
dence or otherwise, as though the same
had been recorded in the office of the
register of deeds for the county where
said property was actually situated. Pro
vided, that nothing herein contained shall
in any manner affect the rights or title
of any bona fide purchaser without notice
for a valuable consideration of any such
real estate prior to the passage of this
act, and shall not apply to or affect any
action or proceedings now pending in any
court of this state.
Sec 3. This act shall take effect and
be in' force from and after its passage.
Approved April 14, 1903.
CHAPTER 194-H. F. NO. 49.
AN ACT to enable municipalities to es
tablish and acquire building line ease
ments along streets, highways, parks
and parkways, and defining the nature
of such easements.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The common council of any
city may establish along any street or
highway within such city a building line
upon the land adjoining sucn street or
highway, or any portion thereof, and dis
tant not more than fifty feet from the
margin of such street or highway, and
may, in behalf of the city, acquire an
easement in the land between such line
and the exterior street line, such that no
buildings or structure shall be erected or
maintained upon said land. Such ease
ment shall be known as a building line
6 3.S6THCIIt
Sec 2. Such easement may be ac
quired by the city council by purchase,
or by grant, or by condemnation. It
may also be created by dedication by in
dicating such building line upon any
town Plat hereafter recorded in the ot
fice of the register of deeds of the coun
tv where the land lies and city councils
shall have power to refuse to accept or
approve plats of lands unless building
lines are shown thereon.
Sec 3. Any board of park commission
ers having control of any pane or park
way may in like manner acquire building
line easements along the same, or any
portion thereof.
Sec 4 The easement above specified
may be acquired by proceedings to be
conducted in the following manner by the
board of park commissioners, in case or
parks and parkways controlled by a
board of park commissioners, and by the
city council in other cases.
The term "governing body' Is used in
this and the following sections to desig
nate the appropriate body in any given
case, whether the city council, or board
of park commissioners, the governing
body shall first designate the easement to
be acquired and define the lines by which
it is bounded, and shall have power to
condemn for the use of the public a
building line easement as defined above,
and when such condemnation shall have
been completed, as in this section provi
ded the title to such easement shall
pass to and be vested in the city for the
public use. For the purpose of malting
said condemnation all the tracts of land
required for any improvement may be
included in the same proceeding.
Provided that no such easement shall
include or take in any portion of a pri
vate residence existing at the time of the
passage of this act excepting by pur
clia.se or gTS-nt.
After making the designation the gov
erning body shall proceed in manner fol-
1Sec1S'5
FirstThe governing body shall
appoint' five appraisers, who shall be dis
interested freeholders and qualified vot
ers of said city, and none of whom shall
be residents of the ward or wards in
which the property so designated is sit
uated to view the premises and appraise
the damages which may be occasioned by
the taking of private property or other
wise in making such improvement.
Said appraisers shall be notified as soon
as practicable by the secretary of the
board or the city clerk, as the case may
be, to attend at a time fixed by
him, for the purpose of qualifying and
entering upon their duties. Whenever a
vC-V*
vacancy may occur among said apprais
ers by neglect or refusal of any of them
to act or otherwise, such vacancy shall
be filled by the governing body.
SecondThe appraisers shall be sworn
to discharge their duty as appraisers in
the matter with impartiality and fidelity,
and to make due return of their acts to
the governing body.
ThirdThe appraisers shall give notice,
by publication in the official newspaper
of the city, once a week for two consecu
tive weeks, which last publication shall
be at least ten days before the day ft
such meeting, which notice shall contain
a general description of the lands desig
nated by the governing body, and give
notice that a plat of the same has been
filed in the office of the city clerk or sec
retary, as the case may be, and that saia
appraisers will meet at a place and time
designated in the notice, and thence pro
ceed to view the premises, and appraise
the damages for property to be taken, or
which may be damaged by such improve
ment, and to assess benefits in the man
ner hereinafter specified.
FourthThe secretary or city clerK
shall, after the first publication of such
notice, and at least six days (Sundays ex
cluded) prior to the meeting specified in
said notice, serve upon each person in
whose name each tract or parcel of land
is then assessed, a copy of said notice oy
depositing the same in the postofflce of
said city, with postage prepaid, directed
to such person at his place of residence,
if known to the secretary, or city clerk^
but if not known, then to his place OL
residence as given in the last published
city directory of said city, if his name ap
pears therein.
After the first publication of such no
tice, and at least six days (Sundays ex
cluded) prior to the meeting specified in
said notice, a copy of the same shall
also be served upon the person in posses
sion of each of said tracts or parcels of
land, or some parts thereof, if the same
be actually occupied, in the same manner
as provided for the service of summons
in a civil action in the district court. A
copy of all subsequent notices relating to
said proceedings which are required to be
published, shall be mailed by said clerk or
secretary in the manner above specified,
immediately after the first publication
thereof, to such persons as shall have ap
peared in said proceedings and requested
in writing that such notice be mailed to
them.
FifthAt the time and place mentioned
in the notice, the said appraisers shall
meet and thence proceed to view the
premises, and may hear any evidence or
proof offered by the parties interested,
and may adjourn from time to time for
the purposes aforesaid. When their lew
and hearing shall be concluded they shall
determine the amount of damages, if
any, suffered by each piece or parcel of
land of which that taken is a part. They
shall also determine the amount of bene
fits, if any, to each piece or parcel of
land of which that taken Is a part. ,If
the damages exceed the benefits to any
particular piece, the excess shall be
awarded as damages. If the benefits ex
ceed the damages to any particular piece,
the difference shall be assessed as bene
fits but the total assessment for benefits
shall not be greater than the aggregate
net award of damages and in every case
the benefits assessed upon the several
parcels shall be in proportion to the ac
tual benefits received, and no assessment
upon any particular piece shall exceed
the amount of actual benefits after de
ducting the damages, if any.
SixthIf there be any building stand
ing, in whole or in part, upon any parcel
of the land to be taken, the said apprais
ers shall, in such case, determine the.
amount of damages which should be paid
to the owner or owners thereof, in case
such building, or so much as may be
necessary, should be taken, and shall also
appraise and determine the amount ot
damages to be paid such owner or own
ers in case he, or they, shall elect to re
move such buildings.
SeventhIf the land and buildings be
long to different persons, or if the land
be subject to lease, mortgage or judg
ment, or if there be any estate less than
an estate in fee, the injury or damage
done to such person or interests respect
ively may be awarded to them separate
ly by the appraisers. Provided, that
neither such award of the appraisers, nor
the confirmation thereof by the govern
ing body, shall be deemed to require the
payment of such damages to the perron
or persons named in such award in case
it shall transpire that such person or
persons are not entitled to receive the
same.
EighthThe said appraisers having ss
certained and appraised the damages and
benefits as aforesaid, shall make and file
with the secretary or city clerk, as the
case may be, a written report of their ac
tion in the premises, embracing a sched
ule and appraisement of the damages
awarded and benefits assessed, with de
scriptions of the lands, and the names of
the owners, if known to them, and also
a statement of the costs of the proceed
ing.
NinthUpon such report being filed, the
secretary of the board or city clerk shall
give notice that such appraisement has
been returned, and that the same will be
considered by the governing body at a
meeting thereof, to be named in the no
tice, which notice shall be published In
the official newspaper of said city, once
a week for two consecutive weeks, and
the last publication shall be at least ten
days before such meeting. Any person
interested in any building standing, in
whole or in part upon any land required
to be taken by such Improvement, shall
on or before the time specified for said
meeting in such notice, notify the gov
erning body in writing of his election to
remove such building, if he so elect. The
governing body upon the day fixed for
the consideration of such report, or at
any subsequent meeting to which the
same may stand over or be referred, shall
have power in their discretion to confirm,
revise or annul the appraisement and
assessment, giving due consideration to
any objections Interposed by parties in
terested in the manner hereinafter speci
fied, provided that said governing body
shall not have the power to reduce the
amount of any award, nor increase any
assessment. In case the appraisement
and assessment is annulled, the govern
ing body may thereupon appoint new ap
praisers, who shall proceed, in like man
ner, as in case of the first appraisement,
and upon the coming in of their report,
the governing body shall proceed in a
like manner and with the same powers as
in the case of the first appraisement. In
case any owner or owners shall elect to
remove any building or buildings, and
thereby reduce the amount of damages to
be paid, the amount of reduction shall be
deducted from the benefits assessed to
each parcel proportionately before con
firmation thereof.
TenthIf not annulled or set aside,
such awards shall be final, and shall be
a charge upon the city, for the payment
of which the credit of the city shall be
pledged. Such assessments shall be and
remain a Hen and charge upon the re
spective lands until paid. The awards
shall be paid to the persons entitled
thereto, or shall be deposited and set
apart in the treasury of the city for the
use of the parties entitled thereto, with
in six months after the confirmation of
the appraisement and award. But in
case any appeal or appeals shall be tak
en from the order confirming said ap
praisement and assessment, as hereinaf
ter provided, then the time for payment
of said awards shall be extended until
and including sixty days after the final
determination of all appeals taken in the
proceeding, and in case of any change in
the awards or assessment upon appeal,
the governing body may, by resolution
duly adopted, at any time within sixty
days after the determination of all ap
peals, set aside the entire proceeding.
Any awards so set aside shall not be
paid, and the proceedings as to the
tracts for which the awards are so set
aside shall be deemed abandoned. Any
awards not so set aside shall be a charge
upon the city, for the payment of which
the credit of the city shall be pledged.
All awards shall bear interest at the rate
of six per centum per annum from the
time of the filing of the original ap
praisers' report, and all subsequent
awards and awards upon appeals shall be
made as of the day and date of filing of
such original reports.
EleventhUpon the conclusion of the
proceedings and the payment of the
awards, the several tracts of land shall
be deemed to be taken and appropriated
for the purpose of this act, and the ease
ment above specified shall vest absolute
lv in the city in which the lands are sit
uate. In case the governing body shall
any case be unable to determine to whom
the damages should in any particular
case be paid, or in case of adverse claim
in relation thereto, or in case of the legal
disability of any person interested, the
governing body shall, and in any and
every case, the governing body may in
its discretion deposit the amount of dam
ages with the district court of the county
in which such lands are situate, for the
use of the parties entitled thereto, and
the court shall, upon the application of
any person interested and upon such no
tice as the court shall prescribe, deter
mine who is entitled to the award, and
shall order the same paid accordingly.
Any such deposit shall have the same ef
fect as the payment to the proper per
sons.
TwelfthIn case any owner or owners
of buildings, as aforesaid, shall have
elected to remove his or their buildings,
ne or they shall remove them within
thirty days from the confirmation of said
report, or within such further time as the
GENERAL LAWS OF MINNESOTA PASSED AT THE LEGISLATIVE SESSION OF 1903.
governing body may allow for ,tho pur
pose, and shall be entitled to the pay
ment of the amount of damages awarded
in such case, in case of removal. When
such person or persons shall not have
elected to remove such buildings, or shall
have neglected (after having elected) to
remove the same within the time above
specified, such buildings, or so much
thereof as may be necessary, upon paying
or depositing the damage? awarded for
such taking in manner aforesaid, may be
taken and appropriated, sold or disposed
of as the said governing body shall di
rect.
ThirteenthAny person whose property
is proposed to be taken or interfered with
or assessed under any provision of this
chapter, and who deems that there is any
irregularity in the proceedings of said
governing body, or action of the ap
praisers, by reason of which the award
of the appraisers ought not to be con
firmed, or who is dissatisfied with the
amount of damages awarded to him for
the taking of, or interference with his
property, or the assessment thereon, may
at any time before the time specified for
the consideration of tho award and as
sessment by the governing body, file
with the secretary of the board or the
city clerk, as the case may be, in writing,
his objections to such confirmation, set
ting forth therein specifically the partic
ular irregularities complained of. and
the particular objection to the award or
assessment, and continuing a description
of the property in which he is interested,
affected by such proceedings and his in
terest therein, and if, notwithstanding
such objections the said governing body
shall confirm the award, or assessment,
such person so objecting shall have the
right to appeal from such order of con
firmation of the governing body to the
district court of the county where such
land is situate, within twenty days after
such order. Such appeal shall be made
by serving a written notice of appeal
upon the secretary of the board, or the
city clerk, as the case may be, which
shall specify the property of the appel
lant affected by such award and refer to
the objection filed as aforesaid, there
upon said secretary or city clerk, at the
expense of the appellant, shall make out
and transmit to the clerk of the district
court a copy of the record of the entire
proceedings, and of the award of the ap
praisers as confirmed by the governing
body and of the order of the governing
body confirming the same, and of the ob
jections filed by the appellant, as afore
said, and of the notice of appeal, all cer
tified by said secretary or city clerk to be
true copies, within ten days after the
taking of such appeal. But if more than
one appeal be taken from any award, it
shall not be necessary that the secretary
or city clerk in appeals subsequent to the
first, shall send up anything but a certi
fied copy of the appellant's objections.
There shall be no pleading on any ap
peal, but the court shall determine in the
first instance whether there was in the
proceedings any -such irregularity or
omission of duty prejudicial to the appel
lant and specified in his written objection
that as to him the award or assessment
of the appraisers ought not to stand, and
whether said appraisers had jurisdiction
to take action in the premises.
FourteenthThe case may be brought
on for4 hearing on eight days' notice, at
any general or special term of the court,
and the judgment of the court shall be to
confirm or annul the proceedings, only so
far as the said proceedings affect the
property of the appellant proposed to oe
taken or damaged or assessed, and de
scribed in said written objection. In case
the amount of damages or benefits as
sessed is complained of by such appel
lant, the court shall, if the proceedings
be confirmed in other respects, appoint
three disinterested freeholders, residents
of said city, appraisers, to reappraise
said damages, and reassess benefits as to
the property of appellant. The parties
to such appeal shall be heard by said
court upon the appointment of such ap
praisers, and the court shall fix the time
and place of meeting of such appraisers,
they shall be sworn to the faithful dis
charge of their duties as such appraisers,
and shall proceed to view the premises
and to hear the parties interested, with
their allegations and proofs pertinent to
the question of the amount of damages
or benefits such appraisers shall be gov
erned by the same provisions in respect
to the method of" arriving at the amount
of damages or benefits and in all other
material respects as are in this chapter
made for the government of appraises
appointed by said governing body. They
shall, after the hearing and view of the
premises, make a report to said court of
their award of damages and assessment
of benefits in respect to the property of
such appellant. The appellant shall with
in five days of the notice of filing the
award file his written election to remove
the building if he so elect. Such election
shall not affect his right to a review. The
award shall be final unless set aside by
the court. The motion to set aside shall
be made within fifteen days. In case
such report is set aside, the court may, in
its discretion, recommit the same to the
same appraisers, or appoint new
appraisers, as it shall deem best
said court shall allow to said appraisers
a reasonable compensation for their serv
ices, and make such award of costs on
such appeal, including the compensation
of such appraisers as it shall deem just
in the premises, and enforce the same by
execution. In case the court shall be of
the opinion that such appeal was frivo
lous or vexatious, it may adjudge double
costs against such appellant. An appeal
may be taken to the supreme court of the
state from any final decision of the dis
trict court in said proceedings.
Sec. 6. As soon as such condemnation
proceedings have been completed, it shall
be the duty of such governing body to
cause maps or plats of such improve
ment to be made, with a list of the par
cels of land taken and the amount paid
on account of each parcel, and to file one
of such maps and list duly certified by
the president of the governing body and
the clerk or secretary, as the case may
be, in each of the following offices, to-wit
the office of the city engineer, the office
of the register of deeds of the county,
and the office of the city clerk or secre
tary of the park board, as the case may
be and the same shall be prima facie
evidence of the full and complete condem
nation and appropriation of such ease
ment for the public use. As soon as the
assessments are confirmed, the secretary
of the board of park commissioners or
the city clerk, or the clerk of the dis
trict court, as the case may be, shall
transmit a copy thereof duly certified, to
the county auditor of the county in which
the lands lie. The county auditor shall
include the same in the next general tax
list for the collection of state, county and
city taxes, against the several tracts or
parcels of land, and said assessments
shall be collected with and as a part of,
and shall be subject to the same penal
ties, costs and interest, as the general
taxes. Such assessments shall be set
down in the tax books in an appropriate
column to be headed, "Building Line
Assessments," and when collected a sep
arate account thereof shall be kept by
the county auditor, and the same shall be
transmitted to the treasurer of the city,
and placed to the credit of the proper
Sec. 7. The governing body shall have
power at any time to vacate such build
ing line easement or any portion thereof.
Sec 8. This act shall take effect and
be in force from and after its passage.
Approved April 14, 1903.
CHAPTER 195H. F. NO. 533.
AN ACT to provide for the release and
discharge ot executors, administrators
and guardians, and for the depositing
with the county treasurer of funds be
longing to absent heirs, legatees, wards
or creditors, or other persons whose
whereabouts cannot be ascertained.
Be It enacted by the legislature of the
State of Minnesota: t/
Section 1. That whenever an executor
or administrator shall have fully com
plied with all the terms and conditions
of the final decree of distribution and of
all other decrees and orders of the pro
bate court appointing him, and shall have
paid over to the distributees named in
such final decree of distribution of the
said court, all moneys and funds and
property to them awarded by such final
decree, and when such executor shall
have in all other respects fully complied
with the terms and conditions of said
flnal decree, and have fully complied
with all the orders and decrees of the
said court, the court may, upon due no
tice given, and after full hearing arid ex
amination, find such facts, and if it shall
appear to the court that the executor or
administrator has paid over all moneys to
theproper parties, and that he has in all
Sta gs complied with the orders of the
court and the terms of the Anal decree in
the said estate, and that he has in all
thfnls, well, faithfully and fully admin
istered his trust as such execu
tor or administrator. the court
ay enter an order and decree
fully discharging the said executor or ad
ministrator and the sureties on Jus bond
from all further liability, and from all
liability by reason of said trust and by
have paid over Jd delivered to the per
sons entitled thereto the property and
fSnds in his hands as such guardian and
whenever such guardian- shallJn all oth
errespects have fully complied with the
terms and conditions of the decrees and,
orders of said court, the court may, upon
due notice given, and after full hearing
and examination, find such facts, and if
it shall appear to the court that said
guardian has paid over all moneys and
delivered all property to the proper par
ties, and has in all things complied with
the orders and decrees of said court in
the matter of said guardianship, and that
he has in all things well, faithfully and
fully administered his trusts as such
guardian, the court may enter an order
and decree fully discharging such guar
dian, and the sureties on his bond, from
all further liability, and from all liability
by reason of his said trusts, and by rea
son of said guardianship.
Sec. 3. Whenever it shall appear to the
probate court that any of the parties, en
titled to a portion of any estate as dis
tributees or legatees, under the final de
cree of said court, or as creditor of any
estate, pending in said court, or any ward
under guardianship in said court, cannot
be found, or that the whereabouts of
such heir, legatee, distributee, creditor or
ward cannot be ascertained, and that
there are funds in the hands of the ex
ecutor, administrator or guardian, which
funds, under the terms of the final de
cree of distribution, or under any judg
ment or decree of said court, should be
paid to such heir, legatee, creditor, dis
tributee or ward, whose whereabouts is
unknown, then, and in any such case the
probate co.urt may,, by its order duly en
tered, require the administrator, execu
tor or guardian to deposit the funds be
longing to the said person, whose where
abouts is unknown, with the county
treasurer of the county in which such
probate court is situate, and the said ex
ecutor, administrator or guardian shall
thereupon deposit said funds with the
county treasurer of such county, taking
duplicate receipts from the county treas
urer therefor, and shall file one of said
receipts with the county auditor of the
said county, and one in the probate court
of the said county. And upon filing said
receipts, showing such deposit with the
county treasurer, said administrator, ex
ecutor or guardian shall be discharged of
his trust in respect to such payment, to
the same extent as if payment of such
sum had been made to such heir, legatee,
distributee or. ward personally.
Sec. 4. The*county auditor shall charge
to the county treasurer such sums so
paid by any such administrator, executor
or guardian, and the same shall be depos
ited to the credit of the county revenue
fund. The county treasurer shall accept
and receive such deposits, and credit
them to the county revenue fund of his
county, and such deposits shall remain in
and form a part ot the county revenue
fund of said county until such time as
the probate court, after due and proper
showing, and after due notice of hearing
given to the county treasurer and the
county attorney personally, shall by or
der of the court direct the county treas
urer to pay the same to the person whose
whereabouts was unknown, named in
such final decree, or to such creditor, dis
tributee or legatee, or to such ward, or
to the persons lawfully entitled thereto.
A copy of said order shall be filed with
the county auditor, who shall issue his
warrant upon the county treasurer in fa
vor of the person entitled to the said
moneys or funds under the provisions of
said order. Provided, that if any hnal de
cree of the probate court, under which
such funds were deposited with the coun
ty treasurer is subsequently modified or
changed by the said probate court, or by
the district court on appeal, the county
treasurer shall hold such funds subject
to the terms of such modified, changed or
amended decree.
Sec. 3. If any heir, ward of creditor, or
any person entitled to such funds, under
a final decree of distribution, or his heirs
or assigns, shall not claim the sums so
deposited within twenty-one years from
the date when they are so deposited, the
same shall belong to and be part of the
county revenue fund of said county. Pro
vided, however, that no interest shall at
any time be allowed to the claimant for
any funds deposited under the provisions
of this act.
Sec. 6. This act shall take effect and
be in force from and after its passage.
Approved April 14, 1903.
CHAPTER 196H. F. NO. 491.
AN ACT to amend section 14 in chapter
116 of the General Statutes of Minne
sota for 1878, the same being section
7364 of the General Statutes of Minne
sota for 1894, relating to peremptory
challenges.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section 14 in chapter
116 of the General Statutes of Minnesota
for 1878, the same being section 7364 of
the General Statutes of Minnesota for
1894, be and is hereby amended so as to
read as follows:
Section 14. If the offense charged is
punishable with death, or with imprison
ment in the state prison for life, the
state is entitled to ten peremptory chal
lenges and the defendant to twenty per
emptory challenges. On a trial for any
other offence, the state is entitled to
three peremptory challenges and the de
fendant to five peremptory challenges.
Sec 2. All acts and parts of acts in
consistent herewith are hereby expressly
repealed.
Sec. 3. This act shall take effect and be
in force from and after its passage.
Approved April 14, 1903.
CHAPTER 197H. F. NO. 468.
AN ACT to validate and legalize bonds
heretofore issued or purporting to have
been issued under chapter one hundred
and fifty-seven (157) of the General
Laws of eighteen hundred and ninety
three (1893), entitled "An act to regulate
the construction and management of
county jails."
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That all bonds heretofore
issued or purporting to have been issued
by any county in this state, under chap
ter one hundred and fifty-seven (157) of
the General Laws of eighteen hundred
and ninety-three (1893), entitled "An act
to regulate the construction and manage
ment of county jails," be and the same
are hereby validated and legalized in all
things, and be and the same are hereby
declared to be valid and binding obliga
tions on the county or counties issuing
the same, providing that the same shall
have been issued in conformity with the
provisions of sections twenty-six (26),
twenty-seven (27) and twenty-eight (28)
of said chapter one hundred and fifty
seven (157) of the G/meral Laws of eigh
teen hundred and ninety-three (1893).
Sec 2. This act shall take effect and
be in force from and after its passage.
Approved April 14, 1903.
CHAPTER 198H. F. NO. 4S7.
AN ACT to amend chapter one hundred
and fifty-seven (157) of the General
Laws of eighteen hundred and ninety
three (1893), being "An act to regulate
the construction and management of
county jails, and to amend the title of
said act. ..,.,_
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That the title of chapter one
hundred and fifty-seven (157) of the Gen
eral Laws of eighteen hundred and nine
ty-three (1893), be amended so as to read
as follows:
"An act to regulate the construction
and maintenance of county jails, and
sheriff's residences, and to provide funus
therefor, either by taxation or by the is
suance of county bonds."
Sec 2. That section one (1) of chapter
one hundred and fifty-seven (157) of the
General Laws of eighteen hundred and
ninety-three (1893) be amended so as to
read as follows:
Section 1. County commissioners au
thorized to construct and maintain a jail
and sheriff's residence.
The county commissioners in every
county shall have authority to construct
and maintain, at the expense of the coun
ty, a jail for^the safekeeping of prison
ers, and also adjoining and connected
with such jail a residence for the use of
the sheriff during his term of office
Sec. 3. That section twenty-six (261 of
chapter one hundred and fifty-seven (157)
of the General Laws of eighteen hundred
and ninety-three (1893), be amendeu so as
to read as follows:
Section 26. Funds, how provided-Be
fore making any contract for the erection
of either a county jail or sheriff resi
dence or both, it shall be the duty of
the county commissioners to take steps
to provide the necessary funds, either by
levying a sufficient tax for the purpose
upon the taxable property of the county,
or by issuing the bonds of the county for
such sum as may be necessary therefor
Provided that no bonded indebtedness
shall be created under this act in excess
of such limit as has been or may here
after be established by law.
Sec 4 This act shall take effect and
be in" force from and after its passage.
Approved April 14, 3903.
CHAPTER 199-H. F. NO. 461.
AN ACT to amend section 44 of chapter
6 of the General Statutes of 1878, as
amended by section 1 of chapter 6 o*.
the General Laws of 1881 general ses
sion, as amended by section 1 of chap
ter 39 of the General Laws of 1881 spe
cial session, as amended by section 1
of chapter 10 of the General Laws of
1883, and being as amended section 3oil
of the General Statutes of 1894, relating
to use of certain funds.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section of chapter 6
of the General Statutes of 1878, as
sf*MMi9gani
Defective Page
amended by section 1 of chapter 6 of the
General Laws of 1881, general session,
as amended by section* 1 of chapter 6V ot
the General Laws of 1881, special ses
sion, as amended by section 1 of chapter
10 of the General Laws of 1883, and be
ing as amended section 353 of the Gen
eral Statutes of 1894, be amended to read
as follows, viz: The state treasurer is
authorized to borrow and use temporarily
from funds having an available balance
in the treasury, six hundred thousand
dollars, or as much thereof as may be
necessary to supply any .deficiency that
may exist in the revenue fund provided,
it will not impair said respective funds
so that they cannot meet all demands as
the exigencies may require and pro
vided further, that the interest received
on deposits of permanent trust funds in
banks shall be apportioned to the proper
current fund.
Sec. 2. This act shall take effect and
be in force from and alter its passage.
Approved April 14, 1903.
CHAPTER 200H. F. NO. 413.
AN ACT to amend section one (1) of
chapter three hundred and forty-one
(341), General Laws, Minnesota, 1001,
relating to the allowance of expenses of
county superintendents of schools.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section one (1) of chap
ter three hundred and forty-one (341),
General Laws, Minnesota, 1901, is hereby
amended so as to read as follows:
Section 1. That in all counties in this
state where the salary of the county su
perintendent of schools does not exceed
the sum of eighteen hundred (1,800) dol
lars per annum, and the population of
said countv be not less than seventy-five
thousand (75,000) nor more than one hun
dred and fifty thousand (150,000), the
board of county commissioners shall al
low such superintendent a reasonable
sum for traveling expenses, and expense
of keeping of one team, but the expenses
so allowed shall not, in the aggregate,
exceed the sum of two hundred and fifty
($250) dollars in any year. The provisions
of this act shall apply to counties where
the compensation of the superintendent is
fixed by special act as well as when the
same is established by general law.
Sec. 2. This act shall take effect and
be in force from and after January 5th,
1905.
Approved April 14, 1903.
CHAPTER 201H. F. NO. 366.
AN ACT to provide for the disposition of
monev received from liquor licenses in
townships outside of the limits of incor
porated cities and villages.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. All moneys received from
licenses issued by the board of county
commissioners to sell intoxicating liquors
in any township of this state, outside of
the incorporated villages and cities, shall
be disposed of as follows: One half of
said moneys shall be paid into the coun
ty treasury and be placed in the county
road and bridge fund, and one-half of
said moneys shall be paid into the treas
ury of the township for which such li
censes may be issued, to be used for the
construction and maintenance of roads
and bridges within such township, the
same to be expended under direction of
the town board.
Sec. 2. Tins act shall take effect and
be in force from and after its passage.
Approved April 14, 1903.
CHAPTER 202H. F. NO. 365.
AN ACT providing for the division of
certain special school districts within
this state, and the organization of inde
pendent school districts from such ter
ritory.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Any special school district
within this state containing an area of
ten congressional townships or more may
be subdivided and new independent school
districts created from portions of such
territory in the manner hereinafter pro
vided but no new district shall contain
more than two congressional townships,
nor shall any district created therefrom
be so formed as to divide any incorpo
rated village into two or more districts.
Sec. 2. Whenever the people residing in
any portion of such special school dis
trict shall desire to create an independent
school district from a portion of such ter
ritory, they shall present to the board of
county commissioners of the county
which such school district is situated, a
petition signed by a majority of the free
holders residing in the territory proposed
to be so organized, asking to be organized
into an independent school district, which
petition shall be accompanied by a plat
showing the metes and bounds of such
proposed new district.
Sec. 3. Upon presentation to the board
of county commissioners aforesaid of a
petition and plat, as specified in section
two of this act, the said commissioners
shall fix a time and place for a hearing
on such application, which hearing shall
not be less than three weeks from the
date of fixing the same, and they shall
also cause to be published in the official
paper of said county, for two consecutive
weeks, a notice of the application and of
the time and place of the hearing there
on they shall also cause to be furnished
to the county superintendent of schools a
copy of said petition and plat.
Sec. 4. At the time and place fixed for
the hearing on said petition, all persons
having an interest for or against the es
tablishment of such independent district,
may appear and be heard thereon if
after such hearing the said commissioners
deem it for the general good of the
schools and cause of education, they
shall make an order establishing such in
dependent district, and cause such order
together with the petition and plat show
ing the metes and bounds thereof, to be
recorded in the record of their proceed
ings.
Sec. 5. The county superintendent of
schools shall within thirty days after re
ceiving the copy of order establishing
any such district, cause written notices
to be posted in three places within such
district, of the time and place where the
electors shall meet and elect a board of
education for such independent district,
at which time they may also transact
such other business as may be necessary
to the perfect organization and manage
ment of such* district such officers shall
hold their respective offices until their
successors are elected and qualified as
now provided by law.
Sec. 6. Districts organized under tho
provisions of this act shall be governed
by the laws now in force relating to in
dependent school districts of this state,
all of which is hereby made applicable to
districts organized under this act.
Sec. 7. The board of education of any
district organized under this act shall
have power to provide for the transpor
tation of children to and from the schools
at public expense, subject to such rules
and regulations as they may adopt, and
may require sufficient bonds for the faith
ful performance of such duty.
Sec. 8. Districts organized under the
provisions of this act shall succeed to all
their just rights of property belonging to
the original district, including its just
share of all public moneys and school
funds, and be liable for its equitable
share of bonded indebtedness.
Sec 9. This act shall take effect and
be in' force from and after its passage.
Approved April 14, 1903.
CHAPTER 203H. F. NO. 571.
AN ACT to amend section eight (8) of
chapter two hundred and sixty-nine
(269) of the General Laws of eighteen
hundred and ninety-seven (1897), as
amended by chapter two hundred and
five (205) of the General Laws of nine
teen hundred and one (1901), relating to
public printing.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section eight (8) of
chapter two hundred and sixty-nine (269)
of the General Laws of eighteen hundred
and ninety-seven (1897), as amended by
chapter two hundred and five (205) of the
General Laws of nineteen hundred and
one (1901), be amended so as to read as
follows:
Section 8. The official reports allowable
and which the commissioners of public
printing may publish under this act are:
Annual reports of the state treasurer,
railroad and warehouse commission, in
surance commissioner, commissioner
State Park of the Dalles of the St. Croix,
state agricultural society, and the state
horticultural society, and the annual re
port to the governor of the commander
of the department of Minnesota. Grand
Army of the Republic, and annual re
ports and publications of the state histori
cal society, and the Minnesota Farmers'
Institute annual provided, that the board
of administration of said Minnesota far
mers* institute shall turn over to said
printing commission the account now ap
propriated by law for the printing of
said Minnesota Farmers* Institute an
nual, and the following biennial reports:
Auditor of state, land commissioner, leg
islative manual, secretary of state, su
perintendent of public instruction, public
examiner, adjutant general, state libra
rian commissioner of statistics, bureau
of labor, dairy and food commission,
boards of pardon and corrections and
charities, attorney general, governor's
message, and executive documents.
All reports of boards, commissioners,
societies and state institutions not enu
merated in this section shall be published
bv the respective officer thereof to be
paid for by the appropriations made for
the support of such boards, commissions,
societies and state institutions provided,
the said officers shall consult with the
commissioners of public printing In order
that such'reports may be uniform.
The governor, upon reviewing sucn re
ports, shall deliver the same to the com
missioners of printing and said commis
sioners are hereby authorized, in connec
tion with the printing expert, to examine
said reports, and shall be empowered to
edit and condense such reports as are di
rected by law to be published, and de
termine whether any of the reports
whose publication is not mandatory may
not be published without detriment to the
state or to the public and shall deter
mine the number of copies and the style
o* binding of each report to be pu~ shea,
except where otherwise specified by law.
In accounting under this act when a
charge is allowed for binding, no charge
shall be allowed for the folding, collect
ing, stabbing, stitching, end papers, dry
ing and pressing sheets, or for lettering
volumes, but all these items of work
Bhall be deemed to be included in the
charge allowed for binding.
Sec 2 This act shall take effect and bo
in force from and afterjts passage.
Approved April 14, 1903.
CHAPTER 204H. F. NO. 305.
AN ACT providing a contingent fund in
each county of the State of Minnesota,
for U-c u&e of th3 countv a' orney, for
the payment of Buch expenses is i
necessary and not otherwise provided
for in the trial and preparation lor tiutl
of criminal cases, and in investigations
before the grand jury, and providing
for the auditing and payment of such
expenditures.
Be it enacted by the legislature of tho
State of Minnesota:
Section 1. The county commissioner!*
of each county in this state are hereby
authorized and directed to set apart at
their first meeting in January of each
year, from any funds then in the county
treasury, not specially appropriated or
set aside for other purposes, in an
amount to be fixed by said board of coun
ty commissioners, a sum of money not
less than one hundred dollars and not
more than one thousand dollars, to be
used by the county attorney of each
county as a contingent fund for the pur
pose of defraying such necessary ex
penses as are not otherwise specifically
provided for in the trial and preparation
for trial of criminal cases, and in the
payment of such necessary expenses as
are not otherwise provided for in con
ducting investigations by the grand jury.
Sec. 2. The county attorney of each
county, by and with the consent and ap
proval first had and obtained of the dis
trict court, or any judge thereof, in and
for his county, is hereby authorized and
empowered to incurr the expenses spe
cified in section one (1) of this act. so far
as is necessary, to the amount annually
appropriated bv said board of county
commissioners for said purpose.
Sec. 3. All disbursements from said
fund shall be made in the usual manner
by the county treasurer of each county
upon the warrant of the auditor of each
county, which auditor's warrant shall be
executed and delivered in an amount,
and to the person designated by the or
der of the county attorney, countersigned
by any judge of the district court for
that county.
Sec. 4. Before any such approval shall
be endoised upon any such order of any
countv attorney so applying for the same,
it shall be the duty of said county attor
ney so applying for the same, to present
to said judge of the district court an
itemized and detailed statement of the
expenses, for the payment of which he
then makes application, and which state
ment shall be verified by said county at
torney in the usual manner, provided for
the verification of claims against the
counties of this state.
Sec. 5. Immediately upon such Judge
of the district court affixing his endorse
ment to said order of the county attor
ney, said judge, if in his opinion the pub
lic interests will not be prejudiced there
by, and if he be of the opinion that the
public interests would be prejudiced
thereby, then as much as the public in
terest will permit, shall file in the office
of the county auditor of the county on
which said order is drawn, said itemized
and verified list so furnished by said
county attorney.
Sec. 6. Any sum remaining in said
fund on the 31st day of Decbmber of each
year shall then be transferred by the
county auditor to the general county rev
enue fund of said county.
Sec. 7. During the year 1903 the ex
penses mentioned in section one (I) of
this act shall be paid in the manner pro
vided for herein from any funds in the
county treasury not specially appropri
ated or set aside for other purposes.
Sec 8. This act shall take effect and
be in force from and after its passage.
Approved April 14, 1903.
CHAPTER 205H. F. NO. 192,
AN ACT to legalize conveyances of real
property made by husband direct to
wife, and the record of such convey
ances.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That all conveyances of
real property within this state made be
tween March 20th, 1898, and March 22,
1898, in which a married man has con
veyed real properly directly to his wife,
shall be and the same are nereby de
clared to be legal and valid, and the rec
ords of all such conveyances heretofore
actually recorded in tho office of tho
proper county shall be In all respects val
id and legal, and such conveyances and
records thereof shall have the same force
and effect in all respects for the I urpose
of notice, evidence or otherwise as aro
or may be provided by law in regard to
conveyances in other cases.
Provided, that the provisions of this
act shall not apply to any action or pro
ceeding now pending in nny of the court3
of this state provided, firmer, that this
act shall not be construed to extend to
any case where vested lights in any such
property have been acquired by third
Sec 2. This act shall take effect and
be in force from and alter its passage.
Approved April 14, 1903.
CHAPTER 206H. F. NO. 62.
AN ACT to amend chapter 252 of the
General Laws of 1901, entitled an act
to prohibit so-called "blind pigs, and
other places and devices for keeping,
selling or using intoxicating liquors
contrary to law, to abolish the practice
of handling intoxicating liquors under
false and nctitious names and to effect
the confiscation of intoxicating liquor
unlawfully handled, together with the
appliances used in such unlawful hand
ling of intoxicating liquors
Be it enacted by the legislatuie of the
State of Minnesota:
Section 1. That section 1 of chapter-o2v~ro*at,
of the General Laws of the State of Min
nesota for the year 1901 be amended to
as to read as follows:
Every person who shall directly or in
directly keep or maintain, by JumseU: or
by associating or combining with others,
or who shall in any manner aid, assist or
abet in keeping or maintaining any blind
nig or other room or rooms, place or
places in which intoxicating liquors are
received or kept for unlawful use, barter
or sale as a beverage or for unlawful
distribution or division among the mem
bers of any club or association by any
means whatever, within the limits of
anv township, village, city or county
which has voted against granting license
to sell intoxicating liquors, or whereby
municipal charter or ordinance or by
state law the sale of intoxicating liquor
is forbidden and every person who shall
receive, barter, sell, assist, or abet an
other in receiving, bartering or selling
any intoxicating liquors so received or
kept, and every person who, as agent, or
as owner, lets any building or any prem
ises, or any portion of any building or
premises, knowing that it is intended to
be used for any purpose specified in this
section, or any person who permits any
building or premises, or any portion of
any building or premises, to be so used,
shall be guilty of a misdemeanor, and
upon conviction thereof shall be punished
as hereinafter set forth.
Sec. 'i. Any acts or parts of acts incon
sistent herewith are hereby repealed.
Sec. 3. This act shall take effect and
be in force trom and alter its passage.
Approved April 14, 1903.
CHAPTER 207-II. NO 7P1
AN ACT providing for the isolation of
persons convicted of, or charged with
crime, from idle public gaze, by requir
ing the use of covered vehicles and a
trol wagons for their coin eyance, and
providing penalties for omission to nbey
the provisions hereof.
Be it enacted by the legislature of the
State of Minne&ota:
Section 1. Whenever any public offi
cial, or any person acting as. such, in the
State of Minnesota, in citic.i bavii a
population of more *han 50,000 -nhabi
tants, shall have the care and custodv of
persons either charged witn, or oc-.n-ieted
of crime, in transferring said persons
from one place of trial, hearing or de
tention to another such place, or in
transferring said persons to a place of
trial, hearing or detention, and the said
transfer or transfers are made a pub
lic vehicle, or at the expense of the publlo
in any vehicle, it is hereby declared the
duty of such public official to provide a
closed conveyance for such transfer,
wherein said person or persons so trans
ferred shall be safe from the general gaze
Said vehicle shall be closed at the sides,
front and rear, with only such aper
tures as may be necessary for the admis
sion of light and air.
Sec. ^^ny^ person or person* who
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