OCR Interpretation


The Appeal. (Saint Paul, Minn. ;) 1889-19??, May 02, 1903, Minnesota Law Supplement, Image 17

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-17/

What is OCR?


Thumbnail for 13

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are hereby repealed.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_

xml | txt