OCR Interpretation


The Appeal. (Saint Paul, Minn. ;) 1889-19??, May 02, 1903, Minnesota Law Supplement, Image 15

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-15/

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shall hereafter transfer any such prisoner
or prisoners in any vehicle not so closed
from public view, shall be deemed guilty
of a misdemeanor under the laws of the
State of Minnesota, and shall upon trial
end conviction thereof be puiushcd there
for as by law provided.
Sec. 8. This act shall take effect and
be in force from and after the first day
pf February, 1904.
Approved April 14, 1903
CHAPTER 208-H. F. NO. 766
ia.N ACT to amend sections twelve hun
dred (1200) and twelve hundred and
one (1201) of the General Statutes of
the State of Minnesota of eighteen hun
dred ninety-four (1894), relating to the
incorporation of certain villages.
JBG it enacted by the legislature of the
Sate of Minnesota:
Seotion 1. That section twelve hundred
1(1200) of the General Statutes of the
Btate of Minnesota of eighteen hundred
ninety-four (1894), be and the same is
hereby amended to read as follows:
Section 1200. Any district, sections, or
trts of sections, not in any incorporated
(Village, and in the State of Minnesota,
which has been platted into lots and
blocks, also the lands adjacent thereto,
when said plat has been duly and le
gally certied according to the laws of
this state, and filed in the office of the
register of deeds for the county which
*aid lands or the larger portion thereof
lie, said territory cdntaining a resident
population of not less than one hundred
end forty, may become incorporated as
a village under this act in the following
manner:
Seo. 2. That section twelve hundred one
1(1201) of the General Statutes of the
'State of Minnesota of eighten hundred
ininety-four (1894), be and the same Is
hereby amended so as to read as follows:
Section 120L Twenty-five or more of
the electors then residents upon the
jlands so to be incorporated, may peti
tion the county commissioners of the
icounty In which the whole or larger part
-of said lands are situated, to appoint a
time and place when and where the elec
tors actually residing upon said lands
knay vote for or against such incorpora
tion, and such petition shall set forth the
'boundaries of such territory, with their
courses and distances, the quantity of
land therein embraced, the name of such
proposed village, and the number of per
sons actually residing in said territory,
which shall have been duly ascertained
by said petitioners, or under their direc
tion, by a census taken of the resident
population as it may be on some day not
more than eight weeks previous to the
time when said petition is presented to
Bald commissioners, and said petition
shall be verified by at least three of said
petitioners, to the effect that such cen
BUS has been accurately taken, and that
lali the facts in said petition contained
ere true.
Seo. 2 This act shall take effect and
be in force from and after its passage.
Approved April 14, 1903.
CHAPTER 209H F. NO 706.
JAN ACT extending the time within which
a board of fifteen freeholders heretofore
i appointed under the provisions of chap
ter 851 of the General Laws of Minne
sota for 1S99 may prepare, frame and
return a draft for a proposed charter
of an incorporated city
it enacted by the legislature of the
State of Minnesota'
Section 1. Wherever a board of fifteen
fxreeholders has been heretofore appointed
to frame a charter for any incorporated
city in this state under the provisions of
chapter 351 of the General Laws of Min
nesota for 1899 and the several acts
amendatory thereof, and such board has
failed to return to the chief magistrate
Of such city a draft of such proposed
(charter within six months after its ap
pointment, such board may at any time
within one year from and after the pas
eage of this act prepare, frame and re
turn in manner as provided in said chap
ter 851 a draft of such proposed charter
and the same and all of the proceedings
of said board relative thereto shall for
all purposes be valid and of the same
force as though the said draft had been
prepared, framed and reported within six
months after the appointment of said
board.
Sec 2 This act snail take effect and
Ibe in force from and after its passage.
Approved April 14. 1903.
CHAPTER 210H. F. NO. 682.
A N A.CT to authorize county commis
sioners to grant additional salary to
county auditors in certain cases.
it enacted by the legislature of the
State of Minnesota
Section 1 That in counties having a
population of not less than twenty-eight
thousand (28,000) inhabitants where the
annual salary of the county auditor is ar
bitrarily fixed by special law at twelve
hundred (1,200) dollars or less, the coun
commissioners may grant such county
auditor an additional sum not to exceed
Six hundred (600) dollars annually.
Sec 2 This act shall take effect and
be in force from and after its passage.
Approved April 14, 1903.
CHAPTER 211H. F. NO. 171.
JA.N ACT to locate and establish the sec
ond state fish hatchery at or within
two miles of the village of Glenwood,
in the County of Pope, Minnesota, and
to empower, authorize and direct the
board of game and fish commissioners
of the State of Minnesota to acquire a
site therefor and to equip, develop and
maintain the same, and to appropriate
money therefor
it enacted by the legislature of the
State of Minnesota
Section 1 That the second state fish
fcatchery, for the propagation and culti
vation of fish, as provided by the laws
of this state, shall be and the same is
(hereby located at, or within two miles of
the village of Glenwood, in the County
Pope and State of Minnesota, and the
tame shall be known as the second state
qfish hatchery.
Sec 2 The said second state fish hatch
itery shall be subject to the management
hand control of the board of game and fish
commissioners of the State of Minnesota,
was now constituted and existing by virtue
the laws of this state
Sec. 8. The said board of game and
fmsh commissioners are hereby authorized,
^-empowered and directed, as soon as prac
ticable after the passage of this act, to
nacqulre by gift, lease, purchase or con
demnation in the name of and on behalf
*ttf the State of Minnesota, any real prop
erty, lands, premises, right of way, or
easement, public or private, that may be
necessary, convenient or proper for the
I establishment, equipment and develop
ment of said fish hatchery and grounds,
and for the purpose of receiving and con
ducting to and from said hatchery waters
necessary or desirable for the use of said
hatchery, in such manner as said board
of game and fish commissioners may
Beem best and in case the owner of any
real estate, land or premises and the said
hoard of game and fish commissioners
cannot agree as to the value of the prem
ises taken or so to be taken for any such
use, the value thereof and the price so
to be paid therefor shall be determined
toy the appraisal of three competent, dis
interested persons, residents of said
county, commissioned to ascertain and
determine the amount to be paid by said
board of game and fish commissioners to
the owner or person interested said com
missioners to be appointed on application
of the said board of game and fish com
missioners by the Judge of the district
court in and for the said County of Pope
according to the provisions of Title one
(1), of Chapter thirty-four (34), of the
General Statutes of 1878, and amend
ments thereto, so far as reasonably ap
plicable, which said law shall apply to
*.nd govern proceedings under this act.
Sec 4 There is hereby appropriated
tout of the general revenue fund, in the
Btate treasury not otherwise appropri
ated, the sum of twenty thousand dollars
S20,000 for the purposes of this act. Ten
thousand dollars ($10,000) of said sum
shall be available for the fiscal year end
ing July 31. 1903, and ten thousand dol
lars for the fiscal year ending July 31,
O-904
Sec 5 This act shall take effect and
be in force from and after its passage.
Approved April 14, 1903.
CHAPTER0 212-H. F. 807.
IaN ACT to
amen0dimprovement
Ofnera ilws of
appropriatNO. money out
section sixty-two (62)
th
lioi^J i +,an.
aj.
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na
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fund, to
and construct-
id
Udin
the purpose
ing roads certain counties of this
stat and repealing certain approprfa-
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maa
tIi
a A?."*
of building bridges, constructing roads
Eent
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Section 1. That section sixty-two (62)
chapter three hundred and nine (009)
Of the General Laws of 1901 be amended
lo as to read as follows- ~~***w
Section 62 That the sum of two hun
flred (200) dollars is hereby appropriated
put of said fund to aid in "building a steel
bridge across the Cannon river, in the
town of Warsaw, at the outlet of Cannon
lake, in section four (4), township one
hundred and nine (109), range twenty-one
(21), in Rice county, Minnesota. The
,work shall be done under the supervision
pf a committee consisting of Charles
Hutchinson and W. Blodget, of the
city of Faribault, and R. Jewett of
{lice county, Minnesota, and two of said
commissioners may act in the premises.
Provided that if the said commissioners
find that the sum hereby appropriated la
Insufficient to build said bridge, they
ay expend the same in the improye
of the approaches to said bridge
&*--
and of the road along the north shore
of said Cannon lake
Sec. 2. This act shall take effect and
be In force from and after its passage.
Approved April 14, 1903.
CHAPTER 213H. F. NO. 808.
A N ACT entitled an act to empower
cities now or hereafter having a popula
tion of over fifty thousand inhabitants
to replace old sidewalks with new walks
without any petition therefor by owners
of property fronting thereon, and to
legalize assessments for the cost there
of heretofore or hereafter made
Be it enacted by the legislature of the
State of Minnesota:
Section 1 That in cities of this stat
now or hereafter having a population of
over fifty thousand Inhabitants, when any
sidewalk therein becomes old, decayed or
worn, and unsafe for public travel there
on, the common council of such city may,
by a four-fifths vote of all members elect
thereof, and without petition of the own
ers of any property fronting thereon, or
der and cause the same to be removed
and replaced by a new sidewalk of the
same or different material, and cause the
necessary cost and expense thereof to be
assessed against property benefited by
such improvement, the same as for the
first and original construction of side
walks upon any street.
Sec 2. That all assessments heretofore
or hereafter made by any such city for
the construction of new sidewalks, to tak
the place of walks previously on the Bame
street or streets, which have been ordered
without any petition therefor by the own
ers of property fronting or abutting there
on, be and the same are hereby legalized
and made valid and binding to the same
extent as if a proper petition therefor
had been presented provided that noth
ing in this act shall affect any action
or proceeding now pending wherein the
validity of any such assessment is now
being contested by any property owner
affected thereby
Seo. 3. This act shall take effect and be
ln force from and after its passage.
Approved April 14. 1903.
CHAPTER 214H. F. NO. 898
A N ACT to provide for payment of ex
penses incurred in entertainment of
President Roosevelt and Admiral Schley,
and to appropriate money therefor
Be It enacted by the "legislature of the
State of Minnesota.
Section 1. That the sum of two hun
dred ($200), or so much thereof as may
be necessary, is hereby appropriated out
of any money in the state treasury not
otherwise appropriated, to pay for deco
rations and expenses necessarily incurred
in receiving and entertaining President
Roosevelt and Admiral Schley.
Sec. 2 This act shall take effect and
be ln force from and after its passage.
Approved April 14, 1903.
CHAPTER 215H. F. NO. 278.
A N ACT to repeal the first proviso of
section 6 of chapter 167 of the Laws of
1901, and also to authorize any and all
municipal corporations of less than ten
thousand Inhabitants operating under a
special law or special charter to avail
itself of the provisions of chapter 167,
Laws of 1901.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That the first proviso of sec
tion six (6) of chapter one hundred and
sixty-seven (167) of the Laws of 1901,
which proviso reads as follows: "Pro
vided, however, that this act shall not
apply to any city or village of this state
having a population of less than ten
thousand operating under a special law
or special charter," be and the same
hereby is repealed.
Sec. 2 This act shall take effect and
be in force from and after its passage.
Approved April 14, 1903.
CHAPTER 216-H. F. NO. 288.
A N ACT to legalize and validate the de
fective acknowledgment of deeds, mort
gages, powers of attorney and other in
struments and the record thereof.
Be It enacted by the legislature of the
State of Minnesota:
Section 1. Any acknowledgment to any
deed, mortgage, power attorney or
other instrument heretofore taken before
a deputy auditor of any county in this
state, under the seal of the county au
ditor Is, together with the record of said
deed, mortgage, power of attorney or
other Instrument, hereby legalized and
made as valid and effectual to all In
tents and purposes, and of the same force
and effect in all respects for the purposes
of notice, evidence, or otherwise as
though said deputy auditor was at the
time of taking said acknowledgments ex
pressly authorized by law so to do.
Sec. 2. The provisions of this act shall
not effect any action now pending in
any court in this state.
See. 3. This act shall take effect and
be ln force from and after Its passage.
Approved ApriP14, 1903.
CHAPTER 217H. F. NO, 862.
A N ACT to amend the title of chapter 318
of the General Laws of the State of
Minnesota, for the year 1897, entitled
"An act entitled, An act to create a
board of state drainage commissioners
and prescribe its duties."
it enacted by the legislature of the
State of Minnesota:
Section 1. That the title of chapter 818
of the General Laws of Minnesota for
the year 1897 be and the same is hereby
amended by adding at the end thereof
the words, "and to prescribe the duties
of boards of county commissioners in con
nection therewith," BO that said title
when amended shall read as follows:
"An act entitled, an act to create a
board of state drainage commissioners
and prescribe Its duties, and to prescribe
the duties of boards of county commis
sioners in connection therewith." Pro
vided this act shall not apply to anything
done or omitted to be done by any board
of county commissioners, acting under
said chapter 318, prior to the passage of
this act.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 14. 1903.
CHAPTER 218H. F. NO. 824.
A N ACT to add certain lands to Itasca
State Park.
Be it enacted by the legislature of the
State of Minnesota:
Section 1 The west half (w%) of the
west half (w%) of the west half (w%) of
sections twenty (20), twenty-nine (29) and
thirty-two (32), of township one hundred
forty-three (143), north of range thirty
five (85) west, situated in Hubbard county
In the State of Minnesota, is hereby
added to and made a part of Itasca State
Park Said tracts of land are hereby de
clared to be park property and subject
to the operation of all existing laws ap
plicable to said park
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 14. 1903.
CHAPTER 219.H F. NO. 879.
A N ACT legalizing the appointment of
administrators made without notice ln
certain cases.
Be it enacted by the legislature of the
State of Minnesota.
Section 1. Whenever prior to the taking
effect of chapter fifty-nine (59) of the
General Laws of the State of Minnesota
for the year 1901, relating to the appoint
ment without notice of administrators ln
certain cases, any person appointed ad
ministrator of an estate has neglected for
twenty days after being notified of his
appointment to file the oath and bond
required by law and the probate court,
having jurisdiction of said estate, has in
good faith appointed such other person
as is next entitled to administer such es
tate as administrator thereof, without no
tice, and such other person has filed the
oath and bond required by law and has
received from said court letters of ad
ministration, and has* entered upon the
execution of his said trust:
Then in all such cases such appointment
and letters of administration and all acts
dono thereunder by said administrator
are hereby legalized and confirmed.
Seo 2. This act shall not be construed
to apply to any case now pending which
involves the legality of such appointment,
or letters, or any acts performed thereun
der.
Sec. S. This act shall take effect and be
in force from and after its passage.
Approved April 14. 1903.
CHAPTER 220 H. F. NO. 266.
A N ACT to confirm, legalize and deter
mine the title to real estate ln certain
cases where the boundaries of school
districts have been changed and to
limit the time for commencing actions
concerning the same.
Be it enacted by the legislature of the
State of Minnesota:
Section 1 Whenever the limits of a ny
school district, or city or village con
stituting a common or an Independent or
special school district, have heretofore
been extended so as to include a portion
of the territory of any adjoining school
district, or whenever a portion of any
school district in any way has been added
to an adjoining school district, and such
enlarged school district has claimed
thereby to ba ve acquired title to, or has
thereafter assumed to have title to, any
real estate within such enlarged territory
which was owned at the time of such
enlargement by the school district from
which such territory was taken, such en
larged district shall be deemed by such
enlargement to have acquired title to
such real estate and such title is hereby
legalized and declared to be in such
school district by whatever corporate
name known, its successors and assigns,
as fully and effectually as if a specific
grant thereof had been made to* such en
larged district, unless the school district
from which such territory was taken or
I
its successors in interest shall prior to
Jan. 1, 1904, commence a civil action to
establish its claim to the said real prop
erty or an interest therein.
Sec. 2. N action for the recovery of
any such real property, or of the posses
sion thereof, or of any interest therein
shall be maintained by any school dis
trict from which the same was taken or
its successors in interest unless such ac
tion shall have been commenced prior to
Jan. 1, 1904.
Sec. 3. The term school district In this
act shall mean and include all school dis
tricts, common, independent or special
Sec. 4 This act shall take effect and
be in force from and after its passage.
Approved April 14, 1903.
CHAPTER 221H. F. NO 839
A N ACT to establish and maintain farm
ers' institutes \n Minnesota, and to ap-
Be it enacted by the legislature of the
tiia.ta of Minnesota
fiction 1. That the sum of eighteen
thousand dollars ($18,000) shall be and is
hereby annually appropriated beginning
with the fiscal year ending July 31. 104'
ior the maintenance of farmers ^insti
tutes to be held in the several counties of
this state as hereinafter provided.
Sec. 2. That the average cost of said
farmers' Institutes to be paid out of such
appropriation shall not exceed the sum
of one hundred and fifty dollars ($150),
and in such expenditures shall only be In
cluded as legitimate and necessary the
board and travsling expenses of the in
structors and a reasonable condensation
for their services. The salary of the sup
er'ntendent and his traveling and need
ful expenses, together with the cost of
the necessary outfit of models, charts,
outlines, etc, and the expenses conse
quent upon doing preliminary work, prep
aratory to the holding of these institutes,
shall not be Included in calculating this
average cost
Sec. 3. It is hereby provided that none
of thess moneys shall be expended for
hall rent, fuel, lights, local advertising
nor compensation for services of instruc
tors other than those regularly employed
Sec. 4. That a board of administration
shall be and is hereby created to super
intend the execution of this act, and or
and after August 1st nineteen hundred
ond three (1903) said board shall be con
stituted as follows.
Three (3) members of the board of re
gents of the University of Minnesota, to
be selected by said board of regents the
president of the state agricultural so
ciety, the president of the state dairy as
sociation and the president at the state
horticultural society.
Sec. 5. Each member of the board of
regents, aforesaid, shall hold his office
for the period of his regency unless oth
erwise changed by an act of the board of
regents of the University of Minnesota
The president of the said agricultural so
ciety shall hold his office for three years
from the firat day of August nineteen
hundred and three (1908), the president
of the state dairy association shall hold
his office for two years from the first day
of August, nineteen hundred and three
(1903),
The president of the state horticultural
society shall hold his office for the period
of one year from the first day of August
nineteen hundred and three (1903).
When the periods of office of the presi
dent of the state agricultural society, the
president of the f-tate dairy association
and the president of the state horticul
tural society shall have expired, then the
presidents of such societies as named who
may have been elected as presidents shall
become their successors ln office to hold
such offices for the period of three years,
said board of administration may select
one of Its number as president thereof,
and one of their number as Secretary
Sec. 6, This board of administration is
hereby empowered by a majority vote
thereof to appoint a suitable and com
petent person as state superintendent of
farmers' institutes. The superintendent's
term of office shall conurence on August
first, nineteen hundred and three (1903),
and shall continue for two years subject
to the discretion of the board of adminis
tration.
See- 7. The board of administration
shall ln conjunction with the superintend
ent arrange the Institute circuits to be
held annually, determining the times and
places where such institutes shall be held
during each year, and shall audit the ac
counts as hereinafter provided.
Sec 8. The duties of the superintend
ent of farmers' institutes shall be as fol
lows, viz.: To superintend the several in
stitutes when located as herein provided
to engage eompjtent Instructors therefor
to receive, examine and report upon all
bills for expenses and services payable
from established appropriation and at
the end ot each fiscal year to make a de
tailed report of all farmers' Institutes
held und*r his direction with an Itemized
account of all expenditures under this
act during the year last past to said
board of administration.
Sec. 9. That the expense of such Insti
tutes together with the salary of said
superintendent, which is hereby fixed at
fifteen hundred (U500) dollars per annum,
and the necessary expenses of his super
intendence, and all other money named in
this act shall be paid out of said Institute
fund by the state treasurer upon war
rants issued by the state auditor, which
warrants shall only be drawn upon the
certificate of the superintendent of Insti
tutes, approved by the president of the
board of administration.
Sec. 10. That said board of administra
tion is hereby empowered to act as an
auditing board, and shall receive and
audit reports and accounts of said super
intendent as aforesaid at the close of
each fiscal year. Such auditing by said
board shall be final. Subsequent to such
auditing all vouchers and accounts so ap
proved by said board of administration
including the report of the superintendent
as called for in this act shall be filed in
the office of the state auditor.
Sec. 11 That said board of administra
tion shall cause to be published annually
a hand book of practical agriculture for
free distribution among the farmers of
this state. Said book shall be called a
"Farmers' Institute Annual," and the
necessary expenses for Buch publication
shall be met out of the appropriation
herein made. All accounts for said an
nual shall appear in the annual report
made as hereinbefore provided.
Sec. 12. In arranging for such farmers'
institutes, they shall be held so far as
possible at times and places when most
convenient to the farmers of this state
each meeting shall continue for not less
than one day nor more than three days,
with morning, afternoon and when prac
ticable, evening sessions each shall be
free to the public and each shall consist
of practical and lectures
upon,
^l
PWpftfwn*Instructive to the farm and home 03
with incidents and addresses, discussions
and illustrations of such methods and
practices as possess real merit and are
adapted to the conditions ofthour agricul
ture the sole obj act and purpose of these
institutes being to disseminate practical
state.
Pertaining to
uJ?ili u^ fPU
sn
1o
6
2H!^,I?1 eEe
agriculture, hortloulture, stock and dairy
farming wit the least expense and in-
's2?nfeM?*th?
Sec. 13 It Is hereby provided that the
expenditure of moneys for institute ex
penses which may be made prior to Au
gust first of any fiscal year from a fund
already provided, as due August first of
the fiscal year followinge shall not bte oon--
etrued as a
deficiencny
fund provided also
needs of fihV
that the fund thetn3 to be due aJ^eady
been appropriated by the act bf legts
th
tht
a
8acl
stltute's seasons can bee met and be made
state!"1 A
N
flSCal
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WtS
Bee. 14. All acts Inconsistent with thl
act aretwreby repealed
GJDJNEKA1, L.AW8 O*' Ml^JN^UiA JfASSSED AfifTHE LJboioL.Aii*K SK^lt)!^ Oi1
rm
$
Sec 15. This act shall take effect and
be in force from and after Its passagBe
Approved April 14, 1903,
0,ia
222.-H. F. NO. 489. *CHAPTER
ACr P/even the abandonment
and neglect of wife or children ofper
sons charged by law with the main
tenance thereof to make such abandon
ment and neglect unlawful and to
prescriboe BSL*
the therefor
^ated bpunishment the legislature of the
State of Minnesota:
Section 1. On complaint being made to
any justice of the peace or judge of any
municipal court by the wife of any per
son accusing such person of wilfully
omitting without lawful excuse to fur
nish proper food, clothing and shelter, or
suitable care in case of sickness, to his
wife or minor child under fifteen years
of age, the justice or judge shall take
such complaint in writing, under the oath
Of such wife, and shall thereupon Issue
his warrant against the person accused,
directed to the sheriff or constable of
his county, commanding him, forthwith,
to bring such accused person before the
justice or judge to answer such com
plaint,
Sec. 2. The justice or judge Bhall enter
an action in his docket in which the State
of Minnesota is plaintiff and the accused
is defendant, and Bhall make such other
entries as are required in criminal ac
tions. On the return of the warrant with
the accused the justice or judge shall
proceed to examine under it the com
plainant and such other witnesses as may
be produced by the parties respecting the
complaint, and such examination shall be
reduced to writing by the justice or
judge The accused shall be entitled to
removal of such action as in a criminal
examination before the justice of the
peace.
Sec. 3. If such accused person pays or
secures to be paid to the wife complain
ing such sum of money or other property
as the court shall order or as she may
agree to receive In full satisfaction, of
Defective Page
which order or agreement the justice or
judke shall make memorandum upon his
docket and shall also pay all expenses
and the costs of prosecution and shall
also give bond to the State of Minnesota
ln such sum as the justice or judge shall
fix, with sufficient sureties, to be ap
proved by the justice or Judge, condi
tioned that he will furnish such child
and wife with the necessary and proper
home, food, care and clothing, then the
justice or judge shall discharge such ac
cused person.
Sec 4 In case any person accused as
aforesaid does not comply with the pro
visions of the preceding sections and
there 1B probable cause for belief that he
is guilty as charged in the complaint, the
justice or judge shall require such person
to enter into recognizance with one or
more sufficient sureties to be approved
by the justice or judge in a sum Qf not
less than $100 nor more, than $500, to
appear at the next term of the district
court for the proper county to answer
the said complaint and abide the order of
said court thereon, and on his neglect
or refusal to give such recognizance the
justice or judge shall commit him to jail
of the county, there to be held to answer
such complaint at the next term of such
court and such justice or judge shall
thereupon certify the examination taken
before him and return the same and all
processes and papers In the case to the
clerk of said court
Sec 5 If at any time there is any
sufficient reason therefor, the court xhay
order a continuance of the cause, and
such continuance shall operate to renew
the recognizance and the same shall re
main in full force until final judgment
provided that, if the sureties in the rec
ognlzanoe shall at any term of said
court surrender the accused and request
to be discharged such recognizance, or
if the court shall for any cause deem It
proper, such court may order a new rec
ognizance to ba taken and commit the
defendant until he gives such new rec
ognizance.
See 6. Upon the trial of the actWfc,
the issue shall be whether the accused
is guilty or not if he is found gujlty or
if he admits the truth of the accusation
he shall be adjudged to pay such wife
or minor child such sums of money and
in such manner and at such times as the
court may fix and direct.
Sec. 7. And if such person shall disobey
such order or directions, the court may
sequester his personal estate and the
rents and profits of said real estate to
be applied according to the terms of
such order or direction Or the court,
whenever it shall find the fact to be that
such person has an Income or earnings
from any source sufficient to enable him
to pay the sum or* sums specified ln such
order or obey such directions^ and fails
so to do, may punish such person for
contempt and the court, if it shall have
reason to believe that said person can
earn sufficient to enable him to pay such
sums or obey such order, may ciuse such
pel son to be confined in the county jail
until such person complies with the di
rection and order of the court, or in the
discretion of the court until the said per
son shall give bond, with good and suffi
cient sureties, in an amount to be pre
scribed by the court, conditioned to pay
such amount and to comply with the or
ders and directions of the court, which
bonds shall be approved by the court.
Sec, 8, In all cases brought under the
provisions of this act the wife shall be
a competent witness against her husband
without his consent, and may be sub
poenaed and compelled to testify against
him.
Sec. 9 That Chapter 816, General Laws
of the State of Minnesota for the year
1901, be and the same is hereby repealed.
Sec. 10. This act shall take effect and
be in force from and after its passage.
-Approved April 14, 1903.
CHAPTER 228H. F. NO. B78.
A N ACT legalizing village bonds in cer
tain cases.
Be It enacted bv the legislature of the
State of Minnesota:
Section 1. All Instruments heretofore
executed or issued by any village of this
state purporting to be bonds of such vil
lage and to have been issued in pursuance
of authority of the legislature of the
State of Minnesota authorizinR villages
to issue bonds for lawful improvements
are hereby declared to be binding and
valid bonds and obligations of the village
Issuing them, provided only-
FirstThat a resolution authorizing the
issue of bonds for the purpose or pur
poses stated in such bonds was adopted
by the council of the village Issuing the
same.
SecondThat the legal voters of any
such village, at an election held for that
purpose, by a majority ot all votes cast,
voted to issue bonds for the purpose or
purposes stated ln such bonds.
ThirdThat the aggregate bonded In
debtedness 'of any suchPMUage, at the
time such bonds were Iflmied and includ
ing any and all such bonds did not exceed
15 per centum of the assessed valua
tion of the taxable property of such vil
lage as indicated by the assessment of
such property last preceding the Issue of
such bonds.
Sec. 2. Nothing herein contained hall
be construed as legalizing bonds now in
litigation.
CHAPTER 224H. NO. 600.
A N ACT entitled an act fixing the sal
aries of county attorneys and assistant
county attorneys in all counties in the
State of Minnesota having a population
of one hundred and fifty thousand in
habitants and not more than two hun
dred thousand inhabitants.
it enacted by the legislature of the
State of Minnesota:
Section 1. That in all counties in this
state that now have or may hereafter
have according to the last completed
state or national census, a population of
not less than one hundred and fifty thou
sand (150,000) and not over two hundred
thousand (200,000) Inhabitants, the salary
of the county attorney shall be and Is
hereby fixed at four thousand five hun
dred ($4,500) dollars per annum, and in
all such counties the salary of the as
sistant county attorney shall be and is
hereby fixed at two thousand seven hun
dred ($2,700) dollars per annum, which
salaries shall be payable out of the coun
ty treasury equal monthly Instalments.
Sep 2. All acts and parts of acts in
consistent herewith are hereby repealed.
Sec. 3 This act shall take effect and be
in force from and after Its passage.
Approved April 14, 1903.
CHAPTER 225-H. F. NO 622.
A N ACT to amend section one (1) of
chapter three hundred and twelve (812)
of the General Laws of eighteen hun
dred and ninety-seven (1897) entitled,
"An act to amend section two (2) of
chapter one hundred and five (105) of
the General Laws of eighteen hundred
and ninety-flve (1895), entitled, An act
to amend chapter twenty-two (22) of
the General Laws of eighteen hundred
and eighty-nine (1889). relating to the
sale and lease of mineral and dther
lands belonging to the State of Minne
sota.
Be it enacted by the legislature of the
State of Minnesota-
Section 1. That section one (1) of chap
ter three hundred and twelve (312) of the
General Laws of eighteen hundred and
ninety-seven (1897) be and the same is
hereby amended so as to read as follows:
The application for a mineral lease as
herein provided shall be In such form as
the state land commissioner may pre
scribe. It shall correctly describe the
land desired to be leased, and shall con
sist of contiguous descriptions, which, in
the aggregate, shall not exceed one hun
dred and sixty (160) acres In any one
lease, unless some of the descriptions
shall be fractional subdivisions. In which
case the acreage may exceed the number
above mentioned.
Before any lease shall be granted, the
applicant shall pay to the state treasurer
the sum of twenty-five dollars ($25.00),
and the first person or corporation mak
ing such application, and either tender
ing the sum of $25.00 to the state auditor
therefor, or paying the sum of $25 00 to
the state treasurer on the order of the
state auditor therefor, shall be entitled
to receive the lease herein provided for.
In case two or more persons shall apply
for a mineral lease of the same property
at the same time, then the one who will
pay the largest sum of money therefor
shall be entitled to receive the lease first
provided for In this act. Persons apply
ing at the same time shall be construed
to mean all persons making applications
for a lease upon the same land within
the same minute of time, at the office of
the state auditor, or all persons who are
simultaneously standing in line, or who
are in process of advancing, ln the audi
tor's office, and who shall actually ad
vance forthwith and present for filing
applications for a lease upon the same
property. Separate applications made by
the same mall delivery shall also be
deemed to be made at the same time and
at the moment of delivery.
Provided, that ln case two or more ap
plications are received for the same prop
erty on the same mail delivery, the state
auditor shall fix a time at which said
lease will be offered to the highest bid
der among such applicants, and at the
time so fixed the state auditor shall pffer
such lease to any of said applicants who
will pay the largest sura therefor, such
notice to be sent at least ten days before
such time to each of such applicants, by
registered mall, and the, privilege being
granted such applicants either to be pres
ent ln person to bid upon said lease or to
submit a bid sent by registered mail to
the state auditor accompanied by a. certi
fied check lor the amount Qt such bid
provided further, that only such bids by,
ifei
&*3**ss&a'miwurs
mall shall be considered as tbatt be
actually In the bands of the state auditor
at the time of offering such lease pro
vided further, that in the event of ap
plications being received by mail at the
same time at which personal applications
are received for the same property, all
persons who* have applied^ at the same
time for such property, either In person
or by mall, shall receive a notice, as
aforesaid, of the time at which the state
auditor will offer such lease, and the
granting thereof and the -proceedings In
relation thereto shall be as aforesaid.
It shall be the duty of the auditor to
mark upon each application presented to
him the exact time of filing same, and
to preserve all of such applications In his
office.
The holder of a mineral lease, secured
as above provided, shall have, the right
to prospect for iron ore on the lands em
braced therein for the period of one (1)
year from the date of issue of said lease,
after which period his right to enter and
prospect on said land shall terminate un
der said lease And no prospecting lease
for the same lands shall be issued to the
same person for two (2) years in suc
cession
Provided, that no iron ore shall be re
moved therefrom until a contract as here
inafter provided shall have been executed.
Provided, further, that any Person per
sons or corporation heretofore holding a
fy__- ..-^J^ *iu of factions one
oi tne uenerai jua-wa
v.*-," il Z~ZA
for the year one thousand eight hundred
and ninety-nine (1899). or under ections
one (1) and two (2) of chapter one hun
dred and five (105) of the ^Hhouland
of Minnesota for the year one thousana
eight hundred and ninety-flve i\fo), on
any lands belonging to the rtte. who,
before the expiration of the term of such
lease shall have applied to the commis
sioners of the state land office far a con
tract as hereinafter or in said chapter
provided, or who may hereafter or during
the continuance of said .original lease
mlssioner, shall have a P^
0r ^^-J? JS:
mand and receive from said commissioner
the contract hereinafter Provided and
perSf persons or corporation on de-
feoS. This act Bha i take effect and
be in force from and after its passage.
Approved April 14, Igw.
CHAPTER 229.H. NO. J1.-.--.
A N ACT t5 fix the compensation of judges
of the Drobate court in the state oi
MtanesoSbounties having a popula
tion of not less than one hundred anu
fw $^?^ff-to&&>*
fifSwiSad hy the lecture the T*gLfb* compensaofn of
lef teionf
ludges of the probate court in an coy"
ffigot
this state having "wowggjto,
then last completed state or national cen
sus a population of not less than one
hundred fifty thousand inhabitants, and
not more than two hundred twenty nve
thousand Inhabitants, is hereby fixed at
the sum of four thousand fly^e hundred
dollars per annum, which shall. De pty"
in equal monthly installments.outo^the
county treasury of such counties upon
^SS^^^o^^ the
lafte
state^rWhNationalS
th sfn
Ee
A
Sec, 8. This act shall take effecA and
be in force from and after Its passage.
Approved April 14. 1903.
census, thethe Populan
tion of any county of this
now has a population of j68.statn
itants
hundred and fifty thousand inhabitants,
iha.ll a.-riuire not less than that number,
two hundred and twenty-five thousand in
Of such county shall no longer apyiy
3 All acts or par-* of acts lnepn-
slft'ent^I^tffact 'l^ffVt^andfe
Sec 4 This act shall take effect ana ne
InfMfTom'and after^Its passage.
Approved April 14. 1003
A N A^SdaI S ffdAon of
fSylwfSr^tn? S^eVa? ft.
Sta&tS of theT State of Minnesota, be
section ten (10), of chapter seventy
three of the General Statutes of im. as
amended by chapter seventy-two (TO) of
the General Laws of 1879, relating xo
ft*enacted by the, legislature of the
!Sg3o?J*ffi?$i first eubdWlsion of
section five thousand six hundred and
sixty-two (5662) of the General 1894 Sta
tutes of the State of Minnesota, relating
to evidence be and the same Is hereby
amended so as to read as oBwi:
First-Husband and wife. A hjusband
cannot be examined for or against his
wife without her consent nor a wife tor
or against her husband, without his con
sent nor can either, during the marriage
or afterwards, be without the consent
of the other, examined as to any com
munication made by one to the other dur
ing the marriage but this exception does
not apply to a Civil action cr proceeding
by one against the other, nor to a crim
inal action or proceeding for a crime
committed by one against the other, nor
to an action or proceeding for abandon
ment and neglect of the wife or children
bv the husband.
Bee. 2 This act shall take effect and
be in froce from and after its passage.
Approved April 14, 1908.
CHAPTER 228 -H. NO 251
A N ACT to legalize acknowledgments
of conveyances and other instruments,
and the record thereof.
Be it enacted by the legislature of the
State of Minnesota:
Section 1, That all acknowledgments
to any conveyances or other instruments
heretofore taken by any commissioner of
the circuit court of the United States for
the district of Minnesota, or any United
States commissioner duly appointed by
the district court of the United States for
the district of Minnesota, be and the
same are hereby legalized and made of
the same validity as though taken before
a notary public or other officer authorized
to take such acknowledgments in the
State of Minnesota, and the, records of
such conveyances or other instruments
are hereby declared to be legal and valid
and effectual for all purposes provided,
that the provisions of this act shall not
apply to any action or proceeding now
pending in any court of this state.
^Seo 2. This act shall take effect and
be in force from and after its passage.
Approved April 14. 1908.
CHAPTER 229-H. F. NO. 9.
A N ACT to determine salaries of county
treasurers and county auditors in coun
ties of this state having a population
of more than seventy-five thousand
(75,000) and less than one hundred
thousand (100,000), and to determine
the amount to be appropriated for clerk
hire In the offices of such treasurers
and auditors by the i county commis
sioners of such counties
Be it enacted by the legislature of the
State of Minnesota:
Section 1. In each county of this state
then last taken, the county. treasurer
thereof shall receive as annual compen
sation *or his services as such treasurer
the sum of three thousand (8,000) dol
lars to be paid in the manner and at the
times provided by the laws of this state
relating to the compensation of county
treasurers and that the county auditor
of such county shall receive as annual
compensation for his services as such
auditor the sum of thirty-five hundred
(3.500) dollars, to be paid in the manner
and at the times provided by the laws of
this state relating to the compensation of
county auditors
Sec 2 The board of county commis
sioners of such county is hereby author
ized to appropriate out of the general
funds of such county for paying clerk
hire in the office of such county treas
urer such sum as they shall deem x
pedient, not exceeding the sum of nine
thousand (9,000) dollars per annum. And
such board Is also hereby authorized to
appropriate out of the general funds of
such county for clerk hire in the office
of such county auditor such sum as they
shall deem expedient, not exceeding the
sum of fifteen thousand (15,000) dollars
per annum, _*.,..
Sec 8- All acts or parts of acts incon
sistent herewith are hereby repealed.
Sec. 4 This act shall take effect and
be ln force from and after its passage.
Approved April 14, 1908.
CHAPTER 280H. F. NO. 869.
A N ACT to amend section seven thou
sand eight hundred fifty-nine (7859
General Statutes of Minnesota, eigh
teen hundred ninety-four, relating to
paving bounty[fqr tree planting.
Belt enacted by the legislature of the
State of Minnesota:
Section 1. That section seven thousand
eight hundred fifty-nine, General Statutes
of eighteen hundred ninety-four, be and
the same Is hereby amended so as to
read a follows: ._ ._
gee. 2. That any person who has here
tofore or shall hereafter plant, cultivate
and keep In a growing, thrifty condition
ISi'Vgj. r^t* *rJr *W
Vf r**,\f
itfU3.
one acre and not more than ten acres
of prairie land with any kind of forest
trees, except black locust, and shall
plant, or nave planted, said treeB not
more than twelve feet apart each way,
and maintain them at that distance^ by
replanting in each year any that may die,
shall be entitled to compensation at the
rate of two dollars and fifty cents per
acre for a period of six years. Provided,
that this act shall not apply to any rail
road company planting trees within two
hundred feet of its track, nor to any
person planting trees in compliance with
an act of congress entitled: "An act to
encourage the btovvth of timber on West
ern prairies," approved March three,
eighteen hundred and seventy-three, or
any act amendatory thereto provided,
further, that this act shall not apply to
any person who has received bounty un
der said section seventy.
Sec 8. This act shall take effect and
be in force from and after its passage.
Approved April 14, 1903.
CHAPTER 231 H F. NO. 670.
A N ACT amending section 60 of chapter
2 of the General Laws of the State of
Minnesota for the year 1902, the same
being an act relating to the taxation of
real estate, providing for the penalties
relating thereto, the entry of tax judg
ments, and the sale and disposition of
such delinquent real estate redemption
from such sale, and the payment of
taxes upon real estate so delinquent
Be it enacted by the legislature of the
State of Minnesota:
Section 1 Section 60 of chapter 2 of
the General Laws of the State of Minne
sota, for the year 1902, be and the same
is hereby amended to read as follows:
Section 60 When refunding in judicial
proceedings When any tax sale Is de
clared void by Judgment of court, such
judgment shall state for what reason said
sale is annulled and in all cases where
any sale has been, or hereafter shall be
so set aside for either of the grounds
stated in section 58 of this act, the money
paid by the purchaser at the sale, or
by the assignee of the state on taking
the assignment certificate shall, with in
terest at the rate of seven per cent per
annum from the date of such payment,
be returned to the purchaser or assignee,
or the party holding his right, out of the
county treasury, on the order of the
county auditor provided, that in all ju
dicial proceedings for refundment, the
county, wherein said tax proceedings were
had upon which said refundment is asked,
shall be made a party defendant
Sec 2 This act shall take effect and be
in force from and after its passage.
Approved April 14, 1903
CHAPTER 232H F. NO 803,
A N ACT to amend chapter three hun
dred and twelve (312) of the General
Laws of nineteen hundred and one
(1901) of Minnesota, relating to the
names of political parties on tne official
ballot
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That chapter three hundred
and twelve (312) of the General Laws of
Minnesota for the year nineteen hundred
and one (1901), entitled "An act relating
to the names of political parties on the
official ballot," be and the same hereby is
amended so as to read as follows:
Section 1 That a political party, which
at the last preceding general election
polled at least 1 per cent of the entire
vote cast in the state (the same to be
determined bv the highest vote cast for
its state candidates), and which has here
tofore or shall hereafter adopt a party
name, shall alone be entitled to the use
of such name for the designation of its
candidates on the official ballots at any
and all elections held in this state, and no
other candidate nqs party shall be en
titled to use or have printed c?n the offi
cial ballots as a party designation any
part of the name of such a political party.
And in no case shall the candidate of
any political partv be ent^'ed to be desig
nated upon the official b^iot as the can
didate of more than one political party,
and shall be designated upon the official
party ballot in accordance with the cer
tificate of nomination first filed with the
proper officers.
Sec. 2. This act shall take effect and be
in force from and after its passage
Approved April 14. 1903
CHAPTER 23JPi F. NO 462
A N ACT to amend section 1 of chapter
215 of the General Laws of 1887, being
section 519 of the General Statutes of
1894, relating to temporary loans to pay
appropriations from the revenue fund,
and pay interest thereon
Be it enacted by the legislature of the
State of Minnesota:
Sectien 1. That section 1 of chapter 215
cf the General Laws of 1887, being sec
tion 519 of the General Statutes of 1894,
be amended to read as follows, viz: That
the governor, auditor ard treasurer are
authorized whenever in their judgment
it becomes necessary in order to meet the
current demands in the revenue fund for
the payment of appropriations from Bald
fund to make agreements or contracts
with banks or other
corporationshor
sons, to pay warrants issued by
'4j .*h
*5& jfi*%A,iH* ^-jJkTkf-Zm.
per-
state
auditor against the revenue fund in pay
ment of any claim or demand upon said
fund for the payment of which the legis
lature has made or hereafter may make
an appropriation, and to pay interest on
euch warrants vntil the state treasury
can redeem the same at a rate not exceed
ing five per cent per annum provided,
that the amount of such warrants out
standing at anv time shall not exceed
two hundred and fifty thousand dollar?
Sec. 2 This act shall take effect and be
in force from and after its passage
Approved April 14, 1903.
CHAPTER 234S NO 473
A N ACT to amend sections 1, 5, IS, 14, 15,
18, 30, 52 and 58 of chapter 237 of the
General Laws of the State of Minne
sota for 1901, relating to the registra
tion of the title to land ln certain coun
ties
Be it enacted by the legislature of the
State of Minnesota*
Section 1 That section one (1) of chap
ter 237 of the laws of the State of Minne
sota for the year 1901 be amended to
read as follows: "In counties of this
state having over seventy-five thousand
(75,000) inhabitants the owner of any es
tate or interest in land therein, whether
legal or equitable, may apply as herein
after mentioned to have the title of said
land registered. The application may be
made by the applicant personally, or by
an agent thereunto lawfully authorized
in writing, which authority shall be exe
cuted and acknowledged in the same
manner and form as is now required as
to a deed, and shall be recorded in the
office of the register of deeds before the
making of the application by such agent.
A corporation may apply in its own be
half or by its authorized agent, an in
fant or any other person under disability
by his legal guardian Tenants ln com
mon shall join ln the application The
person In whose behalf the application is
made shall be named as applicant plain-
tiff,"
Sec. 2 That section five (5) of said
chapter 237 is hereby amended to read as
follows: "Any number of adjoining pieces
of land in the same county and owned
by the same person, and in the same
right, or any number of pieces of property
In the same county having the same
chain of title and belonging to the same
person, may be included in one applica-
tion."
Seo. 8, That section thirteen (1?) of
said chapter 237 be amended to read as
follows: "The judges of the district
court in and for tjie judicial districts for
which they are elected or appointed shall
appoint one or more competent attorneys
in each county within their district to be
examiner of titles and legal advisers of
the registrar, and such examiner of titles
shall hold office subject to the will and
discretion of the judges of the district
in which they are so appointed. The com
pensation of examiner of titles and legal
advisers of the registrar in each county
shall be fixed by the judges of the dis
trict court in and for the district i
which the county is situated and shall be
paid in the same manner as the com
pensation of other county employes is
paid
Sec. 4 That section fourteen (14) of
said chapter 237 be amended to read as
follows "If the applioant is not a resi
dent of the State of Minnesota he shall
record in the office of the register of
deeds ln and for the county wherein the
land is situated a written agreement,
duly acknowledged, appointing an agent
residing ln the state, giving his name in
full and postoffice address, and shall
therein agree that the service of any legal
process in proceedings under or growing
out of the application shall be of the
same legal effect when made on said
agent as if made on the applicant within
the commonwealth. If the agent so ap
pointed dies or removes from the state,
the applicant shall at once make another
appointment in Uke manner, and if he
fails so to do, the court may dismiss the
application. In subsequent applications
made by the same applicant, he may re
fer to said written authority, so recorded,
provided the agreement or authority is
sufficiently general to cover the case or
cases in which any application is filed
Sec 5. That section fifteen (15) of said
chapter 237 be amended to read as fol
lows: "The application shall be filed in
the office of the clerk of the court, to
whom the application is made, and the
clerk shall docket the same in a book to
be kept for that purpose, which shall be
known as the "Land Registration Docket,*
The application shall entitled (name of
applicant), application to have registered
the title to (here insert description to
the land), plaintiff, against (here Insert
brance, right, title or interest in the Ian*
and the names of all persons who Shan
be found by the report of the examine*
hereinafter provided for to be ln posses*
sion or to have any lien, incumbrance,
right, title or interest in the lartd), als4
all other persons or parties unknown*
claiming any right, title, estate, lien o%
Interest in the real estate described in
the application herein, defendants. All
orders. Judgments and decrees of th
oourt in the case shall be minuted in such
docket. All final orders or decrees shall
be recorded, and proper reference mada
thereto in such docket The applicant
shall file with the said clerk, as soon
after the filing of the application aB is
practicable, an abstract of title such as
is now commonly used, satisfactory to
the examiner who is to examine the title,
which said abstract shall be brought
down to a date subsequent to the filing
of the copy of the application in the office
of the register of deeds
Sec. 6. That section 18 of said chapter
287 be amended to read as follows* "If,
ln the opinion of the examiner, the ap
plicant has a title, as alleged, and proper
for registration, or, if the applicant, after
an adverse opinion of the examiner, elects
to proceed further, the clerk of the court
shall, Immediately upon the filing of the
examiner's opinion or the applicant's
election, as the case may be, issue a sum
mons substantially ln the form herein
after provided for. The summons shall
be issued by the order of the court and
attested by the clerk of the court. When
ever, ln the opinion of the examiner, the
State of Minnesota has any interest ln
or claim upon the land, he shall state the
nature and character thereof ln his re
port, and in all cases where the examiner
reports that the state has, or may have,
some Interest In or claim upon the land.
It shall be joined as a party ln said pro
ceedings and named ln the summons as
a party thereto, in order that its interest
or claim may be defined, protected and
preserved. The summons shall be served
upon the state by delivering a copy there
of to the attorney general, who shall ap
pear in the proceedings and represent the
state therein. The judgment and decree
rendered ln said proceeding shall adjudi
cate and determine the Interest ot the
state in said land and Its claim upon ox
against the same."
Sec. 7 That subdivision one (1) of seo
tion thirty (30) of said chapter 237 be
amended to read as follows: "I. Liens,
claims or rights arising or existing under
the laws or the Constitution of the
United States, which the statutes of this
state cannot require to appear of record
in the registry
Seo. 8 That section fifty-two (52) of
said chapter 237 be amended to read as
follows "An owner of registered land
cenveying the same, or any portion there
of, in fee, shall execute a deed of con
veyance which the grantor shall file with
the registrar of titles in the county where
the land lies The owner's duplicate cer
tificate shall be surrendered, at the same
time, and shall be by the registrar
marked 'cancelled The original certifi
cate of title shall also be marked 'can
ceiled The reglstiar of titles shall there
upon enter in the register of titles a new
certificate of title to the grantee, and
shall prepare and deliver to such grantee
an owner's duplicate certificate. All in
cumbrances, claims or interests adverse
to the title of the registered owner shall
be stated upon the new certificate or cer
tificates, except so far as they may be
simultaneously released or discharged
When a deed in fee is for a part only of
the land described ln a certificate of title
the registrar of title shall enter a new
certificate and issue the owner's duplicate
certificate to the grantor for that part
of the land not conveyed by the deed
The registrar shall require an affidavit
by the grantee or some one on his behalf
and said affidavit shall set forth tho
name, age and residence of the grantee,
whether the grantee (except in the case
of a corporation) is married or not, and
if married, the name of the husband or
wife
Sec 9 That section fifty-eight (58) of
said chapter 237 be amended to read as
follows. "Whenever a mortgage upon
which a mortgagee's duplicate has been
issued is assigned, extended or otherwise
dealt with, the mortgagee's duplicate
shall be presented with the Instrument
assigning, extending or otherwise dealing
with the mortgage, and a memorial of
the instrument shall be made upon the
mortgagee's duplicate and upon the orig
inal certificate of title When the mort
gage is discharged or otherwise extin
fuished, the mortgagee's duplicate shall
surrendered and stamped 'cancelled
In case only a part of the charge or of
the land is intended to be released, dis
charged, or surrendered, the entry shall
be made by memorial in like manner aa
before provided, for a release or dis
charge. The production of the mort
gagee's duplicate certificate shall be con
clusive authority to register the instru
ment therewith presented
Sec. 10. That sections 1, 5, 13, 14, 15, 18.
80, 52 and 58 of chapter 237 of the General
Laws of the State of Minnesota for 1901,
and all acts and parts of acts Inconsistent
herewith, be and the same are hereby re
pealed
Sec 11. This act shall take effect and
be ln force from and after Its passage.
Approved April 17, 1903.
CHAPTER 233S ^O 855.
A N ACT to authonzo cities of over fifty
thousand inhabitants to iasue and sell
their bonds for acquisition of larids for
park and parkway purposes and relat
ing to expenditures for park and paik
way purposes by such cities.
Be it enacted by the legislature of the
State of Minnesota.
Section 1. Any city In this state now
or heieafter having over fifty thousand
inhabitants is hereby authorized to issue
and sell its bonds in any amount up to
one hundred thousand dollars for the
rurpose of adding to its funds available
for the acquisition of land tor park and
parkway purposps by purchase oi other
wise, any or all of the moneys so ac
quired, to b3 subject to expenditure by
paid city in any one year, or from time
to time, as may be deemed advisable,
and any balance remaining on hand at
the end of any fiscal year to the credit
of the park fund of any such city, fom
whatever source derived, shall be car
ried forward as an additional appropria
tion to that fund for the next ensuing
year, but moneys derived from the sale
of the bonds herein and hereby author
ized shall be expended only for the pur
poses herein expressed
Sec 2 Anv such bonds shall be issued
in the following manner, to wit: upon tho
unanimous request of the board of park
commissioners of any such city, lis com
mon council may first, by an ordinance
passed by a two-thirds vote, authorize
the issuance of bonds of such city to tun
not more than thirty years and to bear
interest at not more than four and one
half per cent (4V4) per annum The prin
cipal and interest thereon to be payable
at such times and places as may be fixed
in and by the terma of such ordinance,
and the bonds to be of such denomination
or denominations as may be determined
by the common council in such ordinance.
All such bonds shall be signed by the
mayor and sealed with the seal of the
city issuing the same, attested by the
City clerk and countersigned by the city
controller.
Sec. S Any such bonds so Issued may
bo sold by such city at not less than
their par value to the highest responsible
bidder therefor after a notice published
at least once in each week for three con
secutive weeks in the official paper of
such city.
Sec. 4. This act shall take effect and be
In force from and after its passage.
Approved April 17, 1908
CHAPTER 236H. NO. 421
A N ACT to provide for a county road
and bridge fund and regulate the ex
penditure thereof in counties having a
population of one hundred and fifty
thousand Inhabitants and not more than
two hundred thousand inhabitants.
Be it enacted by the legislature of the
State of Minnesota:
Seotion 1 There shall be established
and provided by the county com
missioners of all counties which now
have or which hereafter may have
a population of not less than one
hundred and fifty thousand (150,000)
inhabitants, and not more than two hun
dred thousand (200,000) inhabitants, a
fund for the construction, improvement,
maintenance and repair of roads and
bridges in such counties, to be known as
the general road and bridge fund, and
upon which fund shall be drawn all war
rants for the construction, improvement,
maintenance and repair of all county and
town roads and bridges ln such counties
that may by the board of countv com
missioners be from time to time directed,
determined or ordered provided, that thfl
board of county commissioners shall not
appropriate In any one year more than
two hundred (200) dollars for the con
struction, maintenance and repair of any
one town road and provided further,
that nothing in this act shall be consid
ered or construed as relieving the super
visors of the different towns in said
counties from the duty of keeping the
county roads In their respective towns in
repair as now provided by law.
Sec. 2. The county commissioners of
such counties may annually, at the time
of their meeting in July, include in the
tax levy for such counties, taxes pot ex
ceeding one mill on the dollar of the tax
able valuation of such counties for the
benefit of the road and bridge fund of
such counties, and the taxes so levied
and collected shall constitute a fund for
the construction, maintenance and repair
of such county and town roads and
bridges in such counties, or any town
thereof,,
as such county
the names of all persons named in the
application as being in possession of the shall by'resolution, adopted and entered
premises, or as having aax lien, incjim- 1 in their minutes, order and determine.
mm
11
commissioners-*.-**
$

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