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ment of such taxes, are hereby made applicable to this act so far as may be and all acts and Darts of acts Incon sistent with the provisions of this act are hereby repealed. Sec. 4. Upon failure to pay the amount of such taxes legally due upon the date heretofore provided by law for the pay ment thereof, in addition to existing remedies, collection may be enforced in a civil action brought in the name of tne State of Minnesota in the district court of any county. __ Sec. 5. Before any railroad company shall be heard to contest or continue to contest the validity of this act or any part thereof, such railroad cpany shall as a condition precedent thereto, pay into the treasury of the fotate oi Minnesota, the amount of taxes due r payable from such railroad .company under the existing tax laws of this state applicable to such company. Sec. 6. This act shall be submitted to the people of this state for their ap proval or rejection at the next general election' for the year 1904. The secretary of state shall cause, to be printed in bold type upon the baHot usee In voting for state officers or upon a separate ballot, if so Provided by law at the said election in manner conform able with the requirements of the gen eral election law, the words. For in creasing the gross earnings tax of rail road companies from three to four per cent. Yes And'e-ich voter voting at such elec tion shall designate his vote by a. cross mark made opposite one or the other ot the words "Yes" or "No" and the said elector shall in all respects, conform. as far as may be, to the requirements of the general election law, and the re turns of said election shall be made, canvassed and certified, and the results thereof declared in the manner provided by law for returning, certifying and can vassing votes cast for state officers. Sec 7 This act shall take effect and be in force from and after its passage Approved April 18, 1903. CHAPTER 254H. NO. 58. A N ACT with reference to assessment. for building sidewalks in cities of over flftv thousand (50.000) inhabitants. Be it enacted by the legislature of the State of Minnesota: Section 1. In case any city in tms state, of over fifty thousand (oO.OOO) in habitants, has constructed or caused tor be constructed any sidewalk "P along any public highway therein, with out such sidewalk having been first pe titioned for, the assessments therefor, whether heretofore made or hereafter to be made, are herebv declared to be as valid as though the building of such sidewalks had been petitioned for as re quired by the governing law of sucn Ci Sec The provisions of this act shall not affect anhyc action nowe pending in a ^c 0 8 rt Thl. it 8 SSai tak effect and be in force from and after its passage. Approved April 18, 3903. CHAPTER 255-H. NO. 871. A N ACT to amend section eight (8) or. chanter three hundred eleven (311) of the General Laws of 1897 entitled/'An act tr amend and consolidate the several ^cts^eTating to court comrnissioner^ to define the powers and jurisdiction of, and to regulate actions and pro ceedings before such officers. Be it enactPd by the legislature of the State of Minnesota: Section 1. That sect on eight (8) of chanter three hundred eleven (dll) oi ine General llws of 1897 is hereby amended to read as follows: mmi Court commissioners for services men tioned in this act in actions or Proceed ings pending in the district court, shall be allowed the following fees. For examining any P^jtion complaint, affidavit or any paper .^^making is required, one (1) dollar. For rnaKing and entering an order on the same fifty f=av cents For passing and deciding on the return of a writ of habeas corpus Sree (3) dollars for each day necessarily nr-niDied in the hearing of the same. For eleh examination for the commit ment of insane persons the sum of five /ESFarqL For all examinations of fudSFen? dSorsin proceedings supple mentary to execution and for all dls- SureT in garnishment Proceedings committed in writing at the J-\l fifteen (15) cents perfolio of one fu* rtrprf words so committed to W Y""- CWAPTER 256H. F. 794". AN AcTSng chapter 30 of the general statutes of 1866, relating iu ^T&^S^ & legislature of the i^?l*T^ection twelve of chipter "thirty of the general statutes of 1866 (the same being section 2341 or the general statutes of 1894) be and the Sme* is hereby amended so as to read as follows: E alte ration which is made in the names of the parties, in S nature of the business, or In the capi tal or shares thereof, or In any other matter specified in the original certificate shall be deemed a dissolution of the partnership and every such partnership which in anv manner is carried on after anv such alteration Is made, shall be deemed a general partnership unless re newed as a special partnership according to the provisions of the last section, provided, however, anything in this chapter to the contrary notwithstanding, that any alteration heretofore or here after made by death in the membership of a limited partnership established un der the piovisions of this chapter, shall not be deemed to be and shall not work a dissolution of such partnership, in any case where the contract under which it was formed provides to the effect, that the business thereof shall or mav be carried on after any such death or deaths by one or more of the surviving general partners, during or until the end of the period of duration specified in the original certificate of its formation and that in any and everv such case the carrying on of such partnership or the business thereof, after an alteration in the membership thereof so caused, shall not operate to convert said limited part nership into a general partnership, nor io create or establish a partnership be l^een the surviving general and special utne or partners thereof nor shall any surviving special partner, or the estate of any deceased special partner become or be liable for any debt or debts hereafter contracted in so carrying on said partnership or its business in any such case and provided further that it shall be competent and lawful to provide in a contract for the formation of a limited partnership under the provisions of this chapter, that the partnership business shall or may be carried on oy the sur\iving general partner or partners after the death of any one or more of the general or special partners therein, and until the expiration of the period specified In the original certificate of its formation and that all such contracts heretofore or hereafter made are hereby confirmed and made valid and binding on all the parties thereto. Sec This act shall take effect and be in force from and after its passage and approval Approved April 18, 1903. CHAPTER 257H. F. 748. A N ACT to amend section four (4) of chapter one hundred and seventy-six OT6) general laws of 1897 being an act to provide against the manufacture, adulteration or sale of spices and condiments to prevent fraud and pre serve the public health. Be it enacted by the legislature of the State of Minnesota. Section 1. That section four (4) of chapter one hundred and seventy-six (176) general laws of 1897 be amended to read as follows: _*i E\ery person or firm or corporation manufacturing for sale, offering or ex posing for sale, or sells or delivers to a purchaser any spice, condiment or any mixture or compound intended for use as a spice or condiment, which is adul terated as hereinbefore defined, shall securely affix or cause to be affixed in a conspicuous place upon the side of every box or package wherein the same is contained, offered or exposed for sale or sold, a label, upon the outside and face, on which is distinctly printed upon a background of a single color, in the Eng lish language and in legible type not Bmaller than double pica, the name and location of the factory of the person, firm or corporation manufacturing the same, the words, "Mixture,"" and "Adulterated," and immediately following and below these words the common English name of the spice or condiment which the box or package contains, also the net weight of the package, whether the contents are pure or adulterated, must be printed in plain type upon the label. Sec. 2. This act shall take effect and be in force from and after its passage. Approved April 18,1903. CHAPTER 25SH. F. 732. I N ACT to prevent trespassing upon lands situated within Itasca State Park, or the placing of logs or other property, 1 or any debris whatsover, in. Itasca lake, or any other waters situat ed In said park. Be it enacted by the legislature of the State of Minnesota. Section 1. The hauling or moving of any logs or timber over or upon lands, the property of the State of Minnesota, or which have been conditionally or therwis granted to said state by the government of the United States situated within the outer limits of Itasca State Park, or the placing of any logs or timber in Elk Lake, Lake Itasca, or any stream running into or out of either of such lakes, situated within the outer limits of said park, without first procuring a license therefor signed by the governor, the state auditor, and the president of the Minnesota State Historical society, is hereby made a felony and the policy of the State of Minnesota to preserve for the benefit of this and future generations, Itasca State Park surrounding the ulti mate source of the Mississippi river in a state of nature (except as the same may have heretofore in isolated portions been disturbed), is hereby reaffirmed. Sec. 2. Any person violating the pro visions of section one (1) of this act, shall be punished by imprisonment in the state prison not less than three (3) months or over one (1) year, or by a fine' of not less than one thousand (J1.000) or over five thousand ($5,000) dollars, or both in the discretion of the court. Sec. 3. This act shall take effect and be In force from and after its passage. Approved April 18, 1903. CHAPTER 259H. F. 727. A N ACT fixing the time for holding the general terms of the district court, in Olmstead county, Wabasha county, and Winona county. in the Third judicial district, and to amend section 4913 of the general statutes of Minnesota for the year 1894 as amend ed bv chapter 363 of the general laws of 1897. Be it enacted by the legislature of the State of Minnesota Section 1. The general terms of the district court in and for the county of Olmstead in the Third judicial district shall be held on the second Monday in June and the second Monday in December in each year. Sec. 2. The general terms of the dis trict court in and for the county of Wabasha. Third judicial district, shall be held on the third Monday of May and the second Monday of November in each year. Sec. 3. The general terms of the dis trict court in and for the county of Winona in the Third judicial district shall be held on the second Monday in January and the first Mondav in Mav and the third Monday In September in each year. Provided that no grand Jury shall be drawn or summoned for the May term of said court in the county of Winona, except upon the direction of the presiding of the district court of said county. Sec. 4. Inconsistent acts in former laws are hereby repealed. Sec. 5. All writs, processes, continu ances, bonds. recognizances, appeals, notices and proceedings had, issued or returnable to the terms of court, as here tofore established by former statute, shall be deemed and construed as made, taken and returnable to the term of court as fixed by this act. Sec. 6. This act shall take effect and be In force from and after January 1, 1904. Approved April 18, 1903. CHAPTER 260H. F. NO. 602. A N ACT to .prohibit the sale or having In possession with intent to sell, of human foods mixed with any chemical or chemical preservative or compound in jurious' to the public health, or which tends to conceal evidences, of decay or putrefaction existing therein, or the mixing thereof for sale, and to protect the public health and providing penal ties for a violation thereof. Be it enacted by the legislature of the State of Minnesota: Section 1. The sale, offering for sale, or having in possession with intent to sell, of any article or product, used or intend ed for use as human food, when mixed with any chemical, or chemical compound or preservative injurious to the public health, or which conceals or tends to conceal or destroy the odor or evidences of putrefaction existing in such articles of food, is hereby prohibited and made unlawful. Sec. 2. The mixing for sale of any ar ticle or product used or intended for use as human food, with any chemical or chemical compound or preservative in jurious to the public health, or which conceals, or tends to conceal or destroy the odor or evidence of putrefaction ex isting in su^h articles of food, is hereby prohibited and made unlawful. Sec. 3. Any person, corporation, officer, agent, trustee or employ* of any corpora- tion violating any of the provisions of this act, shall be deemed guilty of a mis demeanor and upon conviction thereof, shall be punished in any court having jurisdiction, by a fine of not less than twenty-five (23) or over one hundred (100) dollars, or by imprisonment in the county jail not exceeding ninety (90) days. Sec 4. This act shall take effect and be in force from and after August 1st, 1903. Approved April 18, 1903. CHAPTER 261H. NO. 589. A N ACT abolishing days of grace and fixing the maturity of negotiable In struments and other evidences of in debtedness. Be it enacted by the legislature of the State of Minnesota: Section 1. N promissory note, draft, not drawn at sight" check, acceptance, bill of exchange or other evidence of indebted ness, shall be entitled to days of grace, but the same shall be payable at the time fixed therein without grace. Sec 2 All promissory notes, drarts, checks, acceptances, bills of exchange, or other evidences of indebtedness, falling due or maturing on Sunday, or on any legal holiday, shall be deemed due or maturing on the next succeeaing business day and when two or more of these df.ys come together, or immediately suc ceed each other, then such instrument, paper or Indebtedness shall be deemed as due or maturing on the day following the last of such days. Sec 3. All acts and parts of acts incon sistent herewith are hereby repealed. Sec. 4. This act shall take effect and be in force from and after June 30. 1903. Approved April 38, 1903. CHAPTER 262-H. NO. 683. A N ACT to prohibit the use of velocl ped9s, track bicycles and tricycles on B^it enacted by the legislature of the State of Minnesota: Section 1. It shall bo unlawful for any person not an employe of a railroad com pany with (without) a permit from said company, to ride, operate or propel a velocipede, track bicycle or tricycle on or along the tracks of any railroad. Sec 2 An oerson violating tho provi sions" of this act shall be subject to a fine of not more than one hundred dol lars ($100) or to Imprisonment in the county jail for not more than three Sec 3 This act shall take effect and be in'force from and after its passage. Approved April 18, 1903. CHAPTER 263H. NO. 496. ^N ^CT to amend sections five thou sand one hundred and eighteen (5118) and five thousand one hundred and nineteen (5119) of the General Statutes of 1894. relating to justices of the Be it 1C enacted by the legislature of the State of Minnesota: Section 1. That section five thousand one hundred and eighteen (5118) of the General Statutes of Minnesota of 1894, be and the sanv Is hereby amended so as to read as follows: Section f118 Whenever any conviction for any offense against the laws of the State of Minnesota Is had before a Jus tice of the peace, he shall make a cer tificate of such conviction under his hand which it shill be sufficient briefly to tate the offense charged and a convic tion and judgmeut thereon, and if any fine has been collected, the amount there- For his fees for making such certificate and causing the same to be filed the jus tice of the peace shall be allowed the sum of twenty-five cents (25c) and no more. Sec 2. That section five thousand one hundred and nineteen (5119) of the Gen eral Statutes of Minnesota of 1894, be and the same is hereby amended so as tn read as follows: Section 5119. Within twenty days after uch conviction, the said justice shall cause such certificate to be filed in the office of the'clerk of the district court of the county in which such conviction was kad and shall within such time pay to the'county treasurer of such county, the amount of the fine, if any has been col lected? The clerk of said district court shall forthwith duly file, index and enter such case or proceeding in a book to be kept for that purpose, in the same man a proceedings in civil actions are now entered, and shall receive from the treasury of said county, the same fees as Ire now allowed by law for like serv lnv lustlce of the peace failing to make nnrt fll such certificate of conviction within said twehtv days, or failing to pay said toe to the county treasurer wit.Jn the said twenty days shall be guilty of a Sec 01 3 ea Eik-joj^^rrrnirl 3 -yd i ,46^^^^U^^Mv^^^^^^^ iMiOik This act shall take effect and be in force from and after^ts passage, ftf" 1* 1 _1MB-ftoft CHAPTER 264H. NO. 432. A N ACT to authorize the payment from county funds of certain expenses of county attorneys in counties "having a population of 75,000 Inhabitants or less." Be it enacted by the legislature of the State of Minnesota: Section 1. The board of county com missioners of each county of the State of Minnesota "having a population of 75,000 inhabitants or less" may audit and allow duly itemized and verified claims of the county attorney of such county for the actual and necessary expenses In curred and paid by him in the conduct of the business of the county for sta tionery, telegraph, telephone and post age. Such claims before being audited and allowed as heieinbefore provided shall be itemized and verified as provid ed by law, and on being audited and al lowed by the county commissioners, as herein provided, shall be paid out of the revenue fund of the county in the man ner provided by law for the payment of claims against the county. Provided, that no appeal shall be had on the refusal of the said board of county commissioners to allow said claims In whole or in part. Sec, 2. This act shall take effect and be in force from and after its passage. Approved April 18, 1903. CHAPTER 265H. NO. 408. A N ACT relating to the cancellation of license for the sale of intoxicating liquors and providing for the refunding of the unearned portion of such license in certain cases. Be it enacted by the legislature of the State of Minnesota: Section 1. That the officers of any county, village or municipality within the State of Minnesota having authority to grant license for the sale of Intoxicating liquors may, in case of the death of any licensee, where its officers issuing such license deem it Just and to the best inter ests of such county, village or munici pality, refund to the legal representa tives of such licensee an amount not ex ceeding such proportion of the amount paid for such license as the unexpired term bears to the term for which such license was granted. Sec. 2. This act shall take effect and be in force from and after its passage. Approved April 18, 1903. CHAPTER 266H. F. NO. 319. A N ACT to assess a tax to raise funds and to appropriate the same for build ings and other equipment for the de partment of agriculture of the Univer sity of Minnesota. Be it enacted by the legislature of the State of Minnesota: Section 1. The state auditor is hereby authorized and directed to levy for the years 1903 and 1904 such fraction of a mill tax on all the taxable property of the state as will produce in the aggregate $250,000, said tax to be levied and col lected as other state taxes are levied and collected, the proceeds of said tax levy to be used through such agency as pro vided by law in further equipping the de partment of agriculture of said university as follows: For the construction and equipment of a main building to be used by the agricul tural department for instruction and ex periment work for the entomological and sewing departments executive offices rooms for the farmers' special course schoolrooms for college and school of ag riculture library and museum and for such other and further uses as may be required. Also for enlarging the heating and lighting plant, and for the construc tion and equipment of a live stock build ing. Sec. 2. This act shall take effect and be in force from and after its passage. Approved April 18, 1903. CHAPTER 267S. F. NO. 848. A N ACT to confirm, legalize and validate bonds heretofore issued by organized townships in certain cases. Be it enacted by the legislature of the State of Minnesota: Section 1. That all bonds which, prior to the passage of this act, have been is sued and sold by any organized town (or township) in this state, for the purpose of constructing, altering or repairing roads (or highways) in said town, or for the purpose of constructing, altering or repairing roads and bridges in said town, or for the purpose of constructing, alter ing or repairing a town hall in said town, or for any. other lawful town im provement, or for the purchase of any real or personal property by said town, whether purporting to have\been Issued under authority of chapter thirty-one (81) of the General Laws of eighteen hundred and sixty-seven (1867), as amended by ohapter fifty (50) of the General Laws of eighteen hundred and sixty-eight (1868), or purporting. tor have been Issued una** the authority of a,ny other law or laws, are* hereby declared to be fn all things confirmed, ratified, legalized and validat ed, and are hereby declared to be valid and binding obligations against the town or towns issuing the same. Provided, that the proposition to issue such bonds has been submitted, prior to such issue, to the electors of said town or township, and has been passed by a two-thirds (2-3) vote of all the voters present and voting at any regular or special meeting, duly called for that purpose. Provided fur ther, that this act shall not apply to any suit or action now pending relative to the legality of any bonds so issued or to any bonds where the legality of the same either as to principal or Interest has been questioned in any action or proceeding in any court. Sec 2. This act shall take effect and be In force from and after its passage Approved April 18, 1903. i*r .S H. tutlon Jfi7tftr proposition in accordance with, thajex-J rmmsm!mmmimm:- "-k 268.-S. F. NO. 359. APTE A N ACT to legalize and make valid sales of real estate made by executors, admin istrators or guardians under license of the probate court after the time limited in the order of license. Be it enacted by theof legislature of StateonofKMinnesota: *tSec sales real propertythe A GENERAL LAWS OF MINNESOTA PASSED JgE,THB LEGISLATIVE SESSION OF 1903. in this state belonging to the estate of de cedents made by executors or adminis trators of such estate, and all sales of real property belonging to any ward made by the guardian of such ward, un der an order of license of a probate court in this state, where such sales have been made after the time limited there for in such order of license, but which have been reported to and confirmed by the probate court issuing such license, if the law in respect of such sale has In all other respects save that as to the time of sale as fixed by the order of li cense been fully complied with, then such sales shall oe and they are herebv made as legal and valid in all respects as if said sales had been made within the time limited In the order of license Provided, that the provisions of this act shall not apply to, or in any way affect, any actions now pending affecting the title to any such real estate. Sec. 2. This act shall take effect and be in force from and after its passage. Approved April 18, 1903. CHAPTER 269.-S. F. NO. 173. A N ACT proposing an amendment of section seven (7) of article one (1) of the constitution of the State of Minne sota relating to criminal prosecutions and the rights of the accused. Be it enacted by the legislature of the State of Minnesota: Section 1. The following amendment to section seven (7) of article one (1) of the constitution of the State of Minnesota is hereby proposed to the people of the State of Minnesota for their approval or rejection that is to say, that section seven (7) of article one (1) shall be amended to read as follows: Section 7. N person shall be held to answer for a criminal offense without due process of law, and no person for the same offense shall be put twice in Jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property without due process of law. All persons shall before conviction be bailable by sufficient sure ties, except for capital offenses when the proof is evident or the presumption great and the privilege of the writ of habeas corpus shall not be suspended unless when in case of rebellion or in vasion the public safety may require. Sec. 2. This proposed amendment shall be submitted to the people of this state for their approval or rejection at the general election occurring next after the passage of this act, and the qualified electors of this state in their respective districts may at such election vote for or against such amendment by ballot and the returns thereof shall be made and certified within the time, and such votes canvassed and the result thereof de clared in the manner provided by law with reference to the election of state officers, and If It shall appear thereupon that a majority of all the electors voting at said election as provided In the next section have voted In favor of the same, then the governor shall make a. proclama tion thereof, and such amendment shall take effect and be in force as a part of the constitution. Sec. 3- The ballots used at said elec tions* on said amendment shall have Printed on them "Amendment to Section even (7) of Articlefo Oncriminaf pressed will o7 tlie elector as provided by the election laws of the state. Bee. 4. This act shall take effect arid be in force from and after its passage. Approved Aprtt*iB, 1903. CHAPTER 27p.S. F. NO. 59. A N ACT to amend sections one (1). three (3), six, (6) and seven (7) of Chapter 154 ofTthe General Laws of Minnesota for 1?99, entitled An act establishing a probation system for juvenile delinquents, and to amend sec tions two (2) andrfour (4) of said chap ter as amended $ Chapter 102 of the General Laws of-Minnesota for 1901* Be it enacted by Ih legislature of the State of Minnesota^ Section 1. That section one (1) of chap ter 154 of the'General Laws of Minne sota for the year $899 be amended so as to read as follo ws In each county of the State of Minnesota containing more than fifty thousand (50,000) inhabitants there shall be appdjnted an officer to be known as a probation officer. The said probation officer shall be nominated by the board of control of state institutions, but said nomination shalTnot be effective until it shall be anproved and confirmed by a majority of the judges of the dis trict court in and^ or such county, and such probation officer shall have the power and authority to appoint one or more deputy probation officers, subject to the approval of the judges of the dis trict court. Said probation officer and his deputies shall,be appointed for a term of four years*, subject to removal by a majority of the district judges for cause. The county commissioners of said coun ties shall provide said probation officer and deputy suitably furnished office rooms, record books, blanks, stationery and postage as may be required for the proper execution of the purposes of this act, said furnishings and office supplies to be paid for out of any monies in the general fund of their respective coun ties not otherwise appropriated upon bills duly authorized and allowed In the usual manner by Said commissioners. Sec. 2. That sectior two (2) of said chapter 154 of the General Laws of Min nesota for 1899 as amended by chapter 102 of the General Laws of Minnesota for 1901, be amended so as to read as follows: It shall be the duty of said probation officer or his deputy to be present at all sessions of the municipal court in and for the principal city in said county, and to be present in, the district court of said county whenever any person un der the age of twenty-one (21) years is brought into court for trial, charged with incorrigibility, vagrancy or with any vio lation of any state ^or municipal law or ordinance or regulation. It shall be the duty of said probation officer or his deputy to be present in the probate court of such county whenever any such child shall be brought into said court for the purpose of having It determined whether such child shall tee committed to the proper state Institution and to super vise and be responsible for the convey ance of all children" committed by said court to the state public school at Owa tonna, and without-compensation there for other than transportation and other actual expenses incurred. Sec. 3. That section three (3) of chap ter 154 of the General Laws of Minne sota for 1899 be amended so as to read as follows: It shall be the duty of the said pro bation officers to represent the interests of such child in c#rt to make investi gations with reference to the case, which the judge may direct to make inquiry into the nature of *very Juvenile crimi nal case brought before the court under whose jurisdiction^ they act and they may recommend that any .such person so convicted by said'court be placed upon probation to take #n oversight of such child should the citse be continued or the sentence be suspended and in gen eral to perform sucfi acts with reference to such child as tb judgment of the court may direct, \$Mch judgment may be such as shall beMeemed for the best interest of the child &nd of society. Said probation officers shall not be active members of the regiiar police force, but shall in the execution of their official duties have all theCBqwers of police offi cers. An officer (refuses or neglects to make returns or if perform any of the duties required of by this act shall forfeit two hundreiraffiOO) dollars to the use of the commonwealth. Sec. 4. That sect#T four (4) of said chapter 154, as amended by chapter 102 of the General "Lawfel of Minnesota for 1901. be amended sbs to read as fol- When any child unfar the age of twen tyone (21) years s|Il be found guilty of the violation of 5 law, ordinance: or te5ulation or of i|i#rrigibility, or va grancy in any coutlf of record in any Sun%containing^A than fifty thou Uand, $$tm iahifcits, -after pro- theexecntloti^ttfe ^gBatehee for sticTr] period as he jxray deem proper, con ditioned upon the good behavior of the child, committing the child on probation during such stay to the care of the pro bation officer, or he may return the child to the custody of his natural guardian, subject to the supervision of the proba tion officer, under such conditions as the court may prescribe. If at any time dur ing the stay of execution of the sentence it shall be made to appear to the satis faction of the court that the sentence should be enforced, the court shall have the power to revoke the stay of execu tion and enforce the sentence immediate ly If at the expiration of the stay it shall appear to the satisfaction of the court that the said child has complied faithfully with the conditions of his pro bation, the court may suspend sentence absolutely. The court may in its discre tion hold separate sessions for the trial and disposition of such cases. Sec 5. That section six (6) of said chapter 154 be amended so a^ to read as Itshall be the duty of said probation officers to report in writing to the court as often as the court shall require with reference to the children committed to his care, and it shall be the duty of said officers to report to the board of control of state institutions the condition and disposition, and such other pertinent facts relative to such children, quarterly, on Such: blanks as the said board may prescribe and furnish. Sec 6 That section seven (7) of said chapter 154 be amended so as to read as f0 in^ounties of more than one hundred thousand (100,000) inhabitants accord ing to the last state or national census the said Probation officer shall receive from the county treasurer of the county whereinT such services are rendered, a Sarv of twelve hundred (1,200) dollars ner year and the deputy probation officer Fn such counties shall receive in the same manner five hundred (500) dollars per war And in counties of less than one hundred thousand (100,000) inhabitants and more than fifty thousand (oO.OOO) fn^ab^ants a^rdingto said census he nrobatSn officer shall receive from the county treasurer of the county wherein services are rendered a salary, of & hundred (600) dollars per year. Said salaries to be paid by the county treas urers of said counties in twelve (12) SSoiT^tlTSarJr of saW counties fo said amounts shall be in full compensation for all tehees rendered by said officerseffecr tle 7 de That this act shall take and be in force from and after its pas- SaAp'proved April 18, 2903. PHAPTBR 271-S.F. NO. 148. ATM APT to amen chapter one hundred A N AC J. to a^J5"d (General Laws of SPTho'usanTeight 1 nd tual (1) the Con providing prosecu tions and the rights of the accused." "YesNo," and each elector voting on said amendment shall place a cross mark thus (X) in a space left opposite lither the word "Yes* or the word "No and shall be counted for or against the ,rL -nW* hundred eighty-five MsaS) entitled "An act authorising the S^iV^nf companies for mutual in- ,?rXe against loss and damage bv hau. Sfloes cyclones and hurricanes," tornadoes, cyciu amen datory there bein I acPto revise and codify ll=Knf state this state with reference to & 2 formation of companies for mutual ^,rn^ against loss by nsur SSS?-dSes cyclone,sandddamage an hurricanes, a SSSteTby & legislature of the lecUon^^TnTnlimber of persons, not lffi?!T t, SS^*^SSi aVb ^rnnrlt egainsr fo tuS^nsurance thes purposme ogfemu asa loso/daaby fie cyclones and hurricanes. ln S^^STwlS the provisions of this fkLf&%& ^mpany^JntTl Sfii i^rf twoVhund?edC thousand dollars ($200._S insurance) in not 251 hundred (400 separate risks upon nrooertv located in not less than ten (10) S522 and upon risks not exceeding S?tP^n fl5) of one hundred and sixty (160) Pach in any one township In the I S of Minnesota, have been actually fuhscribed for and entered on its books, I S Serf has been paid by each sub -ZnthZ? for such insurance an original ^SmbersMD fee of three dollars, for which fnTsubscriber shall be given a receipt executVd in duplicate, conditioned forth S of such sum if the company does not^mlllt" its organization within one SrfS the date of such receipt, the S so receivld from the subscribers for f.ri?,J^r. *h&ll be deposited some good ton^and shall there remain until the romDlete organization of the company and toe receipt of its license to do busi ^Lc the duplicate of such receipts to gether with a certificate from the bank or hanker that such deposit has been made. Rhail be filed with the insurance conimis- sKrwithin ninety (90) days of the date ^aloT 2. Suci, compajries^ah^^rg^nlze Defective Page by adopting and signing articles of lnoor portion, which shall contain: FirstTho name of the corporation, which shall not be the same as that pre viously assumed by any other corporation in this state, and which shall contain in its title the word "mutual." SecondThe general nature and the proposed method and plan of its business, and the place Of its principal office, with the time and place where shall be held Its annual meetings. _. ThirdThe names and residences of the persons so associated to form such cor poration. FourthThe time of commencement, and the period of duration of such cor poration. FifthThe number, names and places of residence of its first board of directors, the first officers, and the time and place of electing their successors. Sec. 3. Such articles shall be acknowl edged by the persons signing them in the manner provided by law for the acknowl edgement of deeds, and together with a certificate of the president and secretary under oath, reciting the amount of Insur ance subscribed, the number of risks, how many counties and townships located and the largest number in any one town ship, and reciting the membership fees collected, to be not less than the amount of insurance, number and distribution of risks and amount of fees provided in sec tion one (1) of this act, shall be filed for record in the office of the insurance com missioner for this state. Sec. 4. The insurance commissioner or this stato shall, before recording such articles, and without unnecessary deny, examine the certificates, and if he shall find that all of the provisions contained in section one (1) of this act have been complied with, and if he shall find that such articles have been executed in con formity with the provisions of this tct he sFall endorse thereon the wora "approved," date and sign the same, ana he shall thereupon record the same in the records of his office, and shall issue under his hand and official seal, and deliver to said corporation his certificate to the effect that such corporation has been duly incorporated under the provisions of this act and is a body politic and corporate with power of perpetual succession ana full authority to transact business from and after the date thereof, subject to the provisions of this act. Such certificate shall be recorded In the office of the register of deeds of the coun ty wherein such corporation shall have its principal office, and said certificate and records and any certified copy thereof shall be received in all the courts of this state as prima facie evidence that such corporation has been duly organized and created under the laws of this state, provided, that If any such company shall not commence to issue policies within one year from the date of such certificate Its corporate power shall expire by its own limitation, and upon petition of the insurance commissioner, of which a copy shall be served upon such corporation In the same manner as is provided by law for the service of summons in civil actions, the jud^e of the district court in and for the countv wherein the articles of incor poration designated to be its principal of fice, may upon ten (10) days' notice to such corporation of the time and place or hearing, and upon due investigation, by decree limit the time within which it shall settle and close up its affairs. Sec 5. Upon the issuance of such cer tificate, such incorporators shall be and become a corporation, and authorized to transact the business of mutual Insur ance against loss or damage to property by hail, tornadoes, cyclones, and hurri canes, in such manner and upon such terms as may be herein provided and au thorized by its by-laws, it shall have perpetual succession, sue and be sued, contract and be contracted with, im plead and be Impleaded by Its corporate name, In any court of this state, and shall possess the usual powers and be subject to the usual duties of corpora tions. Sec. 6. The articles of incorporation may be amended in any respect not in consistent with the provisions of this act, at any annual meeting of the members of the corporation, upon a vote of two thirds (2-3) of the members present and represented at such meeting. Sec. 7. The general management of the business of such corporation shall be vested in a board of not less than five (5) directors, each of whom shall, during the term of his office, be a mem ber of said corporation, such directors may be divided into one, two, three, four or more classes, as may be provid ed by its by-laws, and shall be elected at the annual meeting, in such manner as that the members of one class shall re tire and their successors be chosen each vear, or at such other time or times as the by-laws may prescribe, and who sor ar duly thrdWS electeds andyqualified cxw Va cancies "in "any" clas ma "be filled by the board for the unexpired term, com pensation to be fixed by the by-laws. The directors shall choose from among their own member a president, secretary, treasurer, and such other officers as the by-laws may provide, who shall give such bonds with such surety as shall be required by the by-laws or the directors of the corporation, whose respective terms of olfice shall be one (D year, and until their successors are elected and qualified, and whose duties and compen sation shall be such as is provided by the by-laws, provided such by-laws shall not be so amended as to increase the salary of any officer, except by a major ity vote of all of the members present and represented at any annual meeting of the company provided, further, that such salary shall be in full compensation to all officers, and neither the officers or directors shall receive any commissions. Sec. 8. Every person Insured under the provisions of this act shall be a mem ber of the corporation while his policy is in force, entitled to one vote for each policv he holds, and shall be notified of the time and place of holding its meet ings, by written notice, or by an imprint upon the back of each policy, which no tice shall be substantially as follows: The assured is hereby notified that by virtue of his policy he is a member of the insurance company of a that the annual meetings of said com pany are holden at its home office in.... ......on the day of. i in each vear at o'clock The blanks shall be duly filled in writ ing or print, and the same shall be deemed a sufficient notice. Members of such corporations are en titled to vote by proxy at any meeting of the company, proxies to be returned and filed on or before ten (10) days prior to any annual meeting provided, no proxy shall be valid after a period of three months from date, and to be exe cuted and dated not earlier than the first day of October of any year. Such corporations shall provide In and by their by-laws the manner, terms and conditions upon which any member may withdraw, be suspended or expelled and his policy cancelled and terminated. Sec 9 AH companies organized under the provisions of this act shall charge and collect on their policies at the time of delivery thereof a full mutual pre mium in cash, or notes absolutely pay able at a rate which shall not be less, in the hail department, than two and one-half per cent per annum of the face amount at risk. Each policy holder, In addition to the premium paid or contracted to be paid shall be liable to an assessment, to pay his proportional part of all losses and expenses sustained and incurred while a member of such company, not exceeding, however, in addition to the premium named in his policy and contract, a sum eaual to such premium, provided such as sessment, in addition to the premium theretofore paid or contracted to be paid, shall not In any one year exceed the sum of five per cent provided, he is notified of such assessment within nine ty (90) days after the expiration of his nolicv and if his policy is for more than one (1) year, within ninety (90) days after the expiration of his annual insur ance thereunder. The mailing of such notice to the last known address of the member shall be deemed sufficient notice of such assessment. The total amount of liability to which a member is liable shall be plainly, legibly and correctly stated both in the application, policy and note, if a note be given. Sec 10. Whenever a company organ ized under this act has not sufficient funds for the payment of incurred and adjusted losses and expenses, it shall be the duty of the board of directors to levy, by resolution, an assessment for the amount required to pay such losses and expenses, upon the members in propor tion to their several liabilities. Such resolution shall require payment of the assessment within sixty (60) days, shall be signed by the president and sec retary recorded at length in the records of the' company, and a certified copy thereof transmitted to and filed with the insurance commissioner. Sec 11. The directors of any company organized under and pursuant to the pro visions of this act may. from time to time and when the cash assets exceed the amount authorized to be maintained as a guaranty fund shall, by resolution, fix and determine the amount to be paid as a dividend to its members. Sec 12 Whenever any company organ ized under the provisions of this act shall fail or neglect for a period of four (4) months to meet its legal obligations, the Insurance commissioner shall have au thority if upon examination he deems the condition of said company to be such as ous to the public or to its towadet W flgttSnSwwoSiig towgrUgnTia WMJ* MarcU of each *ear,jy mmmatssmmm policy- And whenever the Insurance comniis siorer shall ha*re reason to doubt the solvency of any company, or to believe that any company is doing a fraudulent, extravagant and unsafe business, he mav, at the expense of such compan-v. cause an examination of its books, rec ords, papers and securities, and if upon such examination the commissioner sha1 find that such company is not paying its legal obligations or is conducting its busi ness in a fraudulent, extravagant or un rafe manner, or is violating any of the provisions of this act or of law, he may irstitute proceedings for ihe winding up of its affairs as provided in section twelve (12) of this act. Sec. 14 No company organized under tho provision of this act shall insure any property other than hay, grain, corn and ether farm crops and products, while growing or while in the bin, crib or granary upon the premises of the in sured, and dwellings, barns and othjr farm buildings and their contents, and live stock while on the premises of the insured or running at large. Provided, that no company shall in its hail depart ment insure more than one hui dred ana rixty (160) acres in any one section find net to exceed thirty-two hundred (3AMJ) ac~s in any one townsnip Sec. 15. All companies organized under the provisions of this act are authorized to issue policies of insurance signed by the president and secretary, contracting to pay to the persons insured under such policies all loss and damage to the prop erty insured, which they may sustain on classes of property named in section fourteen (14) of this act, for a period not exceeding five (5) years, and in a sum not exceeding the amount and subject to the conditions specified in the application and policy of insurance. Sec. 16. Every company organized and pursuant to this act, and every company now engaged in the business of insuring against loss by hail, tornadoes, cyclones and hurricanes, as a mutual insurance company, under the laws of this state, shall create a guaranty surplus fund for the better protection of its policyholders and for the payment of its losses when its annual premium receipts are insuffi cient therefor, and for the purpose of creating such fund every such company shall set aside and credit to such fund all of the income received in each year remaining after the payment of all legal obligations of such company, until such fund shall have to its credit the sum of one hundred thousand dollars, and shall annually thereafter be set aside, in the same manner and from the same fund, a sufficient sum to maintain such gijar anty warplas fund. "Provided, ,that such fund so created shall not exceed the sum of one hundred thousand dollars. Such fund may, and if possible shall, be invested at Interest upon securities and in the manner provided by section thirty two (32) of chapter one hundred seventy five (175) of the General Laws of one thousand eight hundred ninety-five (1895) and amendments thereto. Sec. 17. The secretary or other proper officer of each company doing business under the provisions of this act shall, at each annual meeting of the company, make a detailed statement of its condi tion, financially and as to its business transacted during the preceding year, and shall also make annually such re port to the insurance commissioner, at the time, in the manner, upon the blanks and as fully as he shall require, and such annual statement shall, in a com pact and comprehensive form, be pub lished once in a weekly legal newspaper having general state circulation in Min nesota. The filing and making of the annual statement to and with the insurance commissioner shall be a condition prece dent to the issue by the insurance com missioner of an ahnual license or certifi cate of authority to continue its business Upon the filing of such report it shall be the duty of such commissioner annually to issue to such company a renewal cer tificate of authority to continue its busi ness if such report is satisfactory to him, which certificate shall be issued promptly and with no unnecessary delay, any may be filed in the office of the reg ister of deeds in the county where the principal office of the company is located. Sec. 18. Foreign insurance companies, of the same character, provided to be or ganized under this act, may, upon com plying with the following conditions, be admitted to transact business in this state by its duly licensed and constituted agents resident therein, any class of in surance business authorized by this act subject to all general laws now or here after in force relative to the duties, ob ligations, prohibitions and penalties of insurance companies, and all laws of this state applicable to the transaction of such business by foreign insurance com panies and their agents. Sec. 19. N foreign insurance company shall be so admitted and authorized to do business until: (1) It shall deposit with the insurance commissioner a certified copy of its char ter, or articles of incorporation and of Its by-laws, and a statement under oath of Its financial condition signed by its president and secretary or other proper officers, and shall pay to the commis sinnor for the filing of such copy the sum of thirty dollars, and for the filing of such statement the sum of twenty dol lars. (2) It shall satisfy the insurance com missioner that it is fully and legally or ganized under the laws of Its own state, to do the business it proposes to trans act and that it is conducted on as safe a basis as companies of the same class or ganized and doing business in this state. (3) It shall, by a duly executed instru ment in writing, filed in his office, con stitute and appoint the commissioner or his successor its true and lawful attor ney In fact, upon whom all lawful pro cesses in any action or legal proceeding against may be served, and therein shall agree that any lawful process against it which may be served upon its said at torney, shall be of the same force and validity as if served upon the company, and that the authority thereof shall con tinue in force irrevocable so long as any liability of the company remains out standing in this state. The service of such process shall be made by leaving the same in the hand or office of the commissioner, copies of such instrument certified by the com missioner shall be deemed sufficient evi dence thereof, and service upon such at torney shall be deemed sufficient service upon the principal. When legal process is served upon him as attorney for a foreign company under the provisions of this act, the same shall be by duplicate copies, one of which shall be filed in the office of said commissioner, and the other by him immediately mailed, postage prepaid, to home office of the company, or to the address of the authorized resi dent attorney in thfs state, as the com pany may designate in such stipulation. (4) It shall appoint as its agent, or agents in this state, some resident or residents, thereof. Upon written notice by such company of its appointment of a suitable person to act as its agent within this state, and the payment of a fee of one dollar, the insurance commis sioner shall, if the facts warrant it, grant such certificate. Such certificate shall continue in force until the first day of March next after its issue, and, by re newal thereof on the annual payment for such renewal of a fee of one dollar be- until revoked by 1 holders, to apply to the Judg i the district court of and for the county where the principal office of the company is located, or, upon the refusal or neglect of such judge to act then to the judge of any district court in the state for an in junction restraining it in whole or in part from further proceeding with its busi ness. Suci judge may in his discretion issue an injunction forthwith or issue the some upon notice and hearing, and after a full nearing of the matter may dissolve or modify such injunction or make it perpetual, and make all orders and de crees needful In the premises, and may appoint agents or receivers to take pos session of the property and effects of the company, and to settle its affairs subject to such rules and orders as the court may from time to time prescribe. Service of process in such proceedings shall be suffi cient if made upon any officer of *he com pany. Sec. 13. The insurance commissioner in addition to the powers and authority vested in him by the provisions of sec tion twelre (12) of this act is hereby authorized and empowered to call for a report of and from any company organ ized under the provisions of this act, when in his judgment the interests of the public and the policy holders require, and it shall be the duty of the proper officers of such comnany to make prompt return and reply to" such call, and fully answer all interrogatories regarding its business methods, financial condition and all mat ters lawfully inquired about, in addition to tho annual statement and, such per sonal examination and .nspection as the commissioner may require. If any officer of the company having charge of its books and papers, shall tail or neglect tc make such report Dromptly, or if such company shall cairy on its business in a fraudulent, extravagant and unsafe man ner, and so as not to afford to Its policy holders protection against loss or dam age to their property, or if said companj' violates any df the provisions of this act or if the expenses other than the abso lute payment of losses of any company shall excesd in any year, one per cert on the face amount of the risks, the irsur ance commissioner is hereby authorized and empowered to revoke the authority and license of such compary to do busi ness in this state. shalllibrary. thethTOmmissIoner to* I non-compliance with laws or until the appointment of the agent is revoke^ by written notice from tne company that effect filed with the Insurance com. missioner. While such certificate remalni in force the company shall be bound the acts of the person named therein, within his apparent authority, as its ao knowledged agent. (5) It shall obtain from the insurancs commissioner a certificate that it has complied with the laws of this state and is authorized to make contracts of in surance, and such license must be re newed annually. (6) It shall annually file a sworn state ment covering its business and financial affairs as of December 31st prior, in such detailed form upon blanks furnished by, him as the commissioner may require. Such statement made, filed and satisfac tory to the commissioner shall be a con dition precedent to the renewal of th annual license. Sec. 20. When by the laws -of any other state, any taxes, fines, penalties, licenses, fees additional to or in excess of those imposed by the laws of this state upon foreign insurance companies and their agents, are imposed on Insurance com panies of this state and their agents, doing business in such state, the same taxes, fines, penalties, licenses and fees shall be imposed upon all insurance companies of such state and their agents doing business in this state, so long as such laws remain in force. Sec. 21. There shall be paid to the Insur ance commissioner by domestic insurance companies organized under this act, and by foreign insurance companies admitted under the provisions hereof the following (1) Domestic companies For filing the articles of incorporation and accompanying certificates and receipts the sum of twenty dollars. For filing annual statement the sum of ten dollars. For each certificate furnished the sum of one dollar. For the certificate of license the sum of one dollar. (2) Foreign companies For filing certified copy of its charter or articles of incorporation the sum of thir ty dollars. For filing the statement required by sec tion nineteen (19) of this act the sum of twenty dollars. For each agents' certificate of authority the sum of one dollar. For receiving and filing each annual statement the sum of ten dollars. Sec. 22. Every company organized tinder the provisions of this act, shall make and adopt by-laws, not repugnant to law, this act or to Its articles of incorporation, and shall therein provide such regulations, terms and conditions as may be neces sary to effectually and fully carry out its plans and methods of insurance, and the by-laws in force at the time of the date of any policy of insurance issued by such company, shall have the force and effect of law in the determination of all ques tions and claims arising under such policy, between the insured and the com pany. And such by-laws shall contain a pro ision requiring all printed matter to hav& plainly and prominently displayed thereon the word "mutual." And such by-laws shall provide that the policies or contracts of insurance contain the following provision, viz.: "In case of loss under this policy, end a fail ure of the mrties to agree as to the amount of loss, it is mutually agreed that the amount of such loss shall referred to three (3) disinterested men, the company and the Insured each choos ing one, out of three persons to be named by the other, the third being selected by the two so chosen: the award in writing by a majority of such referees shall be conclusive and final upon the parties as to the amount of loss or damage, and such reference, unless waived by the par ties, shall be a condition precedent to any right of action in law or equity to re cover for such loss. No suit or action against this company for the recovery of any claim by virtue of this policy shall be sustained in any court of law or equity in this state, un less commenced within six (6) months from the time the loss occurred. Such by-laws shall also provide the form, manner and time of notice to be given the company by the insured of any loss by him sustained. Sec. 23. No corporation formed under the provisions of this act shall continue for a longer period than thirty (30) years. Sec. 24 Any corporation organized or doing business under this act may trans fer its risks to, or reinsure them in any other insurance company, corporation, association or society doing business in this state on the mutual or stock plan. Provided, that the contract of transfer or reinsurance shall have be^ri\flrst sub mitted'to aod approved by -ttwViratirknce commissioner of this state, and has been approved by a two-thirds vote of the members and policy holders present, rep resented and voting at any regular meet ing of such corporation, or at a special meeting thereof called to consider the same, of which special meeting a written or printed notice shall have been mailed to each policy holder at his last known, address, at least thirty (30) days before the day fixed for such meeting. But no such transfer or reinsurance shall be made to any Insurance company organ ized under the laws of another state which is not at the time legally author ized to do business in this state. Sec. 25 Nothing herein contained shall be construed so as to limit or abridge the rights of anv company or corporation heretofore organized in this state under the provisions of chapter one hundred eighty-six (186) of the General Laws of the year one thousand eight hundred and eighty-five, and amendments thereto, but every such company shall in the future management and conduct of its business conform to all of the provisions, limita tions and requirements of this act. Sec 26 All acts or parts of acts incon sistent or in conflict herewith are hereby and herewith repealed. Sec. 27. This act shall take effect and be In force from and after its passage. Approved April 18, 1903. CHAPTER 272S. F. NO. 304. A N ACT to cjdLfy and amend the laws concerning the state library and appro priating money for its care and main tenance. Be it enacted by the legislature of the State of Minnebota. Section 1. The state library shall con sist of the books, pamphlets, maps, charts and locuments of every kind now beh-nging to the same, together with t-uch others ac it may acquire by gift, purcitase, exchange or otherwise. Sec. 2. The governor, by and with the advice and consent of the senate, shall appoint a state librarian at a salary of two thousand dollars ($2,000) per year, who shall hold his office for two year1 and until his successor is appointed and qualified. Before entering upon his duLlei he shall take the oath of office and give a bond to the state in the sum of two thou sand dollars ($2,000) with two sureties to be approved by the governor conditioned for the faithful performance of his offi cial duties, the tafe keeping and delivery to his successor of all rrcpeity belonging to the library, an^ the proper disburse ment or payment to his succesror of all moneys coming into his hands as librarian. Such oath and bond shall ba filed in the efflce of the secretary of state. Sec. 3. The librarian is hereby author ized to appoint a clerk io assist in the duties of his office, whose salary shall ba $900 per annum and who shall hold office at the pleasure of the librarian. There shall also be appointed by the librarian an aistant 1 brsrian whese salary shall be $1,500 per nnnum. Provided, that tie appointment of said assistant before tak ing efftet shall be approved by the su preme court. Sec. 4. The librarian shall have the custody and charge of all property be longing to the library. He shali under th3 direction and control of the judges of the supreme court attend to all sales and purchases. shall furnish the cus todian of public documents with a Hat of states, territories, ccuntries and insti tutions with which he deems it desirablo to csrry on exchanges for the benefit nf the state library, and it shall be the duty of said custodian of public documents to furnish and forward the volumes request ed for such exchange, as provided by law. He shall, as respects himself, obey, and, as inspects other persons, enforce such rules and regulations as may be pre scribed for the government and conduct of the library and its affairs shall with or without suit, collect in his own name, for the use of the library, such damages as may be sustained by injury to or failure to return any books or otner property of the library, as well as all fines imposed by any of the rules or reg ulations before mentioned. He shall keep a book in which he shall enter a detailed and chronological ac count of all exchanges, purchases and sales of the books added to the library during the preceding twelve months oes iir\ating which have been added by gift, wMch by exchange and Which by pur chase a list of the books lost during the said twelve months a statement of th amount collect3d for the use of the library during the same period for loss nf hooks or injury thereto, and for fines and also a statement of the amount ex fended for the library, designating in a gen. ral way the purposes for which such .-expenditures have been made. Sec 5 The judges of ths supreme court mil' exercise a general. supervision of thP They shall have power to I adopt aU such rules and regulations for |h^B government aaa conduct of. tt MWWJ ^iJL_