OCR Interpretation


The Appeal. (Saint Paul, Minn. ;) 1889-19??, May 02, 1903, Minnesota Law Supplement, Image 5

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83016810/1903-05-02/ed-1/seq-5/

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E
OF
1903
CHAPTER 1-S. F. NO. 1.
AN ACT to appropriate money for the
expenses of the present session of the
legislature.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That the sum of one hun
dred and fifty thousand (150,000) dollars,
or so much thereof as may be necessary,
be and the same is hereby appropriated
from the general funds for the payment
of the per diem, mileage and other ex
penses of the members and officers of the
legislature during the present session
thereof.
Sec. 2. This act shall take effect and
be in, force from and after its passage.
Approved Jan. 12. 1903.
CHAPTER 2H. F. NO. 24.
AX ACT to amend section two (2) of
chapter three hundred seventy four
(374) of the General Laws of 1897, en
titled "An act to include the County of
Red Lake in the Fourteenth (14th) Ju
dicial district, and to fix the time for
holding the general terms in the Dis
trict Cou,rt therein.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section two (2) of chap
ter three hundred seventy-four- (34 ot
the General Laws of One Thousand
Eight Hundred and Ninety-seven (1897),
be and is hereby amended so as to read
as follows:
Sec. 2. That all writs, subpoeneas,
processes, recognizances, appeals, notices
and proceedings had, issued or returnable
for the terms of court in and for said
county, as fixed prior to the passage of
this act, shall be deemed and construed
as made, taken and returnable to the
proper term of court in said county as
lixed by this act.
Sec 3. That the general terms of the
District Court in the County of Red Lake,
in the Fourteenth (14th) Judicial district
of the State of Minnesota, shall be held
on the fourth Monday in March and the
fourth Monday in October of each year.
Sec 4. This act shall take effect and
be in force from and after its passage.
Approved Jan. 26, 1903.
CHAPTER 3S. F. NO. 34.
AN ACT to amend section one (1) or
chapter sixty-eight (68) of the General
Laws of the extra session of 1902, re
lating to terms of the District Court in
the First Judicial district.
Be it enacted by the legislature of the
State of Minnesota: ,.,,,_
Section 1. That section one (1) of chap
ter sixty-eight (68) of the General Laws
of the extra session of 1902, be and here
bv is amended so as to read as follows:
"Sec. 4912. In First DistrictThe gen
eral terms of the District Court of tne
First Judicial District of this state shall
be held at the times following:
In the County of Goodhue, on the sec
ond Wednesday in March and the third
Tuesday in October, in each year.
In the County of Dakota, on the first
Tuesday in June and the first Tuesday in
December, in each year.
In the County of Washington, on the
first Tuesday in May and the third Tues
dav in November, In each year.
In the County of Pine, on the second
Tuesday in Apl and the third Tuesday
in September, in each year.
In the County of Chisago, on the first
Wednesday in October, in each year.
In the Countv of Kanabec, on the third
Tuesday in February, in each year.
Sec. 2. All writs, processes, recogni
tsanees, bonds, orders, continuances and
proceedings, issued, made or returnable
to the general term of said District Court
in and for the said counties respectively,
as fixed bv law prior to the taking effect
of this act, shall be deemed arid con
strued as, and the same hereby are made
and returnable to the proper term of said
court in the county respectively as pre
scribed in this act.
Sec. 3. This act shall take effect and
be in force from and after Its passage.
Approved Jan. 27, 1903.
CHAPTER 4-S. F. NO. 3.
AN ACT relating to parks and park
boards in cities in the State of Minne
sota having a population of more than
fifty thousand inhabitants.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That the park boards and
boards of park commissioners in all cities
in the State of Minnesota having a popu
lation of more than fifty thousand Inhab
itants, are empowered to receive and ac
cumulate in its treasury all moneys aris
ing from the operation and control of all
parks in such cities, and to use and dis
burse the same in addition to all moneys
provided by law, in the improvement
and maintenance of such parks.
Sec. 2. All acts and parts of acts in
consistent with this act are hereby re
pealed.
Sec. 3. This act shall take effect and
be in force from and after its passage
Approved Feb. 4, 1903.
CHAPTER 5S. F. NO. 33.
AN ACT to authorize cities having a
population of 10.000 or less to issue
certificates of indebtedness for an
amount not exceeding five thousand dol
lars ($5,000).
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That the common council
of all cities organized, existing and gov
erned by and under a special charter,
containing a population of 10,000 inhab
itants or less, and which cities are en
gaged in the construction of water works,
may, for the purpose of securing funds
for the construction of such water works,
issue certificates of indebtedness and have
the same outstanding and unpaid at
one time, in the sum of not to exceed five
thousand dollars ($5,000).
Provided however, that after April first
(1), 1903, the powers herein granted shall
cease, and such cities shall thereafter
have onlv the power and authority to is
sue certificates of indebtedness which ex
isted by virtue of their special charters
before the passage of this act.
Sec. 2. This act shall take effect, and
be in force from and after Its passage.
Approved Feb. 4, 1903.
CHAPTER 0S. F. NO- 102.
AN ACT to amend section 1426 of chap
ter 10. title 5, "of the General Statutes
of 1894. as amended by subsequent
acts, relating to public libraries and
reading rooms.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section 1426 of the Gen
eral Statutes of 1894, as amended by
chapter 114 of the General Laws of 1897,
and chapters 48 and 162 of the General
Laws of 1899, and chapter 272 of the
General Laws of 1901, be, and the same
Is hereby amended so as to read as fol
lows:
Section 1426. When any city or village
council shall have been thus authorized
to establish and maintain a public li
brary and reading room or either of them
under this act, written notice shall be
Jn
)osted in three of the most public places
said city or village, signed by the
City clerk or village recorder of said city
or village requesting the qualified voters
of the city or village in which the city
or village council shall have been thus
authorized to establish or shall have es
tablished such library or reading room
or either of them, to assemble on the
third Saturday in July next following
the passage of this bill and in cases
where such authority is hereafter given,
requesting the qualified voters of any
city or-village In which the city or vil
lage council may hereafter be thus au
thorized to establish a public library or
reading room or either of them, to assem
ble on the third Saturday in July next
following the election at which said city
or village council shall be so authorized
and at some suitable place in said city
or village, to be named in said notices,
then and there to vote by ballot for nine
directors for said library and reading
room or either of them, which notices
Bhall be posted at least ten daya prior
to said meeting, and the failure of said
clerk to post said notices shall be a mis
demeanor. Provided, however, that when
any such city or.village shall have been
BO authorized to establish a public li
brary or reading, room under the pro
visions of this act at least six months
before said election, In any year, to avoid
delay in the organization of such library
board, the mayor of such city, or presi
dent of such village, shall name and ap
point said sine director* lor. said, library 1
VJM
L* \M
-1U A..
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board, whose term of office shall expire
on the fourth Saturday of the following
July, and when so appointed said di
rectors shall organize as provided by sec
tion 1427 of said chapter ten, and shall
possess all the powers therein granted
to said library boards until the expiration
of their said terms of office.
Sec. 2. This act shall take effect ana
be in force from and after its passage.
Approved Feb. 4. 1903.
CHAPTER 7S. F. NO. 108.
AN ACT to provide for the maintenance
and care of law libraries for the use
of public officials in counties having
a population of 200,000 or more and in
which there is a court house and city
hall used jointly by the county and
the city constituting the county seat.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. In all counties in this state
now having, or which shall hereafter
have, a population of 200,000 or more,
in which there now is, or shall hereafter
be, erected at the county seat a county
court house and city hall for the joint use
of such county and the city constituting
its countv seat, law libraries for the use
of the officials hereinafter mentioned may
be maintained in such court house and
city hall in the manner hereinafter pro
vided.
Sec. 2. Upon the filing of a petition
with the clerk of the district court by
any taxpayer or corporation in such
county, setting forth that it is for the
interest of the public that such law 11-
brarv should be established and main
tained, and a plan or proposition for es^
tablishing and maintaining the same, and
praying that such library shall be estab
lished and maintained in such court house
and city hall, said clerk shall issue a no
tice addressed to the county attorney
and city attorney of said county seat,
which notice shall fix a time for hearing
such petition by the district court not
less than eight days from the date of the
service of such notice. Such notice,
together with a copy of the petition at
tached thereto by the clerk, shall be
served by the sheriff upon such county
and city attorneys in the same manner
as a summons in a civil action is served,
and if any private individual or corpora
tion is referred to in said petition as a
party to the establishing and maintenance
of such library, then such notice ana
petition shall be served in like manner
upon such private person.
Sec. 3. Upon the return day mentioned
in said notice, the district court, or a
judge thereof, shall hear and determine
said matter in the same manner in which
motions are heard and determined by
the court at chambers or at a special
term. At such hearing the petitioner
shall be the moving party and the coun
ty attorney and city attorney for such
county seat shall appear and represent
such county and city, respectively.
If upon a full hearing, the court shall
determine that it is for the interests of
such county and city to maintain a law
library In such joint building, and it
shall appear that any individual of cor
poration is able and willing to install a
suitable library therein and maintain the
same in a suitable manner, the court
shall make an order, directing the coun
ty commissioners of such county and
the city council of such county seat to
provide suitable accommodations or li
brary rooms, properly heated and lighted,
for such library in such court house and
city hall, designating the same as near as
may be. Such order shall also require
such county commissioners and city coun
cil of such city to make an annual ap
propriation of not more than fifteen hun
dred dollars and not less than twelve
hundred dollars to pay the expense of
the proper care of such library rooms
and the salary of the librarian, other
than for light, heating and janitor serv
ice hereinbefore provided for such li
brary and such order shall apportion, said
appropriation between such county and
city as shall be just and equitably and
shall require such appropriation to he
made annually until further order of
said court. Provided the owner of such
library shall consent in writing to the
installing and maintaining such. library,
in said building for term .Of riot lesjs
than ten years.
Sec. 4. AH the judges of the district
court of such county and the' judges 6t
the municipal court of such city, to
gether with all city and county officials
in and for such county and city, shall
have, the free use of such library at the
library rooms, and shall be permitted
to take books therefrom to be used In
such district court and in the municipal
court of such city, subject only to such
reasonable rules and regulations as shall
ibe established therefor by such district
court.
Sec. 5. The owner of such library shall
retain the complete ownership, adminis
tration and control thereof, elect its own
officers and said librarian therefor, make
all rules and regulations for the use
thereof by others than the officials afore
said, and said ownr shall maintain said
library in reasonable repair and efficiency
while it shall remain in said building
without any charge or expense therefor
to such county or such city for such
maintenance or for use by said officials
except as hereinbefore provided.
Sec. 6. It is hereby made the duty
of all the officials of such counties and
of such cities as shall come within and
take advantage of the provisions of this
act, to take all necessary steps to make,
collect and pay over any appropriation
approved and ordered under the pro
visions of this act, in the manner in
which other appropriations are usually
made, collected and paid over by them
and to obey all the rules, orders and reg
ulations made by the district court as
herein provided to the end that the full
purpose and intent of this act shall be
carried into effect.
Sec. 7. This act shall take effect and
be in force from and after its passage.
Approved Feb. 7, 1903.
CHAPTER 8S. F. NO. 94.
AN ACT to amend Section No. 4933 of tha
General Statutes of 1894, and chapter
319 and chapter 321 of the General
Laws of 1S95, with reference to the
time of holding terms of the district
court in the several counties of the
Tenth judicial district of the State of
Minnesota.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The general terms of the
district court in and for the Tenth judi
cial district in and for the counties of
Fillmore, Freeborn. Houston and Mower
shall be held In said counties as follows:
In the county of Freeborn on the first
Tuesday in May and the second Tuesday
in December of each year provided, that
in case the business at said May term
shall not be completed for any cause
prior to holding any other term of court
in said district, said May term shall be
adjourned to the month of July follow
ing, and to such time in said month as
the presiding judge shall direct, for the
transaction of such unfinished business.
In the county of Fillmore on the fourth
Tuesday in May and the second Tuesday
in November of each year.
In the county of Houston on the fourth
Tuesday in February and the third Tues
day in October of each year.
In the county of Mower on the second
Tuesday in January and the second
Tuesday in June of each year.
Sec. 2. All writs, processes, orders,
continuances, appeals, bonds, recog
nizances, notices of proceedings issued,
made or returnable to the general terms
of court in and for said counties re
spectively, as prescribed by law prior to
the taking effect of this act, shall be
deemed and construed as made, taken
and returnable to the proper term of
court of the counties, respectively, as
prescribed in this act.
Sec. 3. All acts and parts of acts In
consistent with this act are hereby ro
pealed.
Sec. 4. This act shall take effect and
be in force from and after its passage.
Approved Feb. 10. 1903.
CHAPTER 9S. F. NO. 100.
AN ACT to amend Section No. 4915 of
the General Statutes of 1894, with, ref
erence to the time of holding the terms
of the district court in the several
counties of the Fifth judicial district
of the State of Minnesota
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The general terms of the
district court in and for the Fifth Judi
cial district In and for the counties, of
Dodge, Rice, Steele and Waseca shall be
held in said counties as follows:
In the county of Dodge on the first
Monday in April and the first Monday in
October of each year.
In the county of Rice on the first Tues
day in May.* and. the second Tuesday
after the first Monday in "November of
each year.
In the county of Steele on the first
Tuesday in June and the fourth Tuesday
In November of eachyear.
In the. county ot Waseca, pn the. thljoi
Sfii. Ifaa*ate&^_ &
iipBii mum wksmmmtm
w
Tuesday in March and the third Tuesday
in October of each year.
Sec 2. All writs, processes, orders,
continuances, appeals, bonds, recog
nizances, notices of proceedings issued,
made or returnable to the general terms
of court in and for said counties, re
spectively, as prescribed by law prior to
the taking effect of this act, shall be
deemed and construed as made, taken
and returnable to the proper term of
court of the counties, respectively, as
prescribed in this act.
Sec. 3. All acts and parts of acts in
consistent with this act are hereby re
pealed.
Sec. 4. This act shall take effect and
be in force from and after its passage.
Approved Feb. 11, 1903.
CHAPTER 10-S. F. NO. 8.
AN ACT legalizing school bonds hereto
fore voted upon by cities under the
provisions of chapter two hundred and
four (204) of the General Laws of the
State of Minnesota for the year one
thousand eight hundred and ninety
three (1893) and acts amendatory
thereof.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That all school bonds here
tofore voted upon by any city under or
pursuant to the provisions of chapter
two hundred and four (204) of the Gen
eral Laws of the State of Minnesota, for
the year one thousand eight hundred and
ninety-three (1893), as amended by chap
ter one hundred' and twenty-eight (128)
of the General Laws of the State of
Minnesota for the year one thousand
eight hundred and ninety-five (1895) and
other acts amendatory thereof, are here
by declared to be, when issued and sold,
legal and binding obligations of said
city providing that the proposition to
issue said bonds received a two-thirds
majority of all votes cast upon the prop
osition to issue said bonds at the elec
tion when said proposition was voted
upon and. provided further, that all
other requirements of law have been
fully complied with.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved Feb. 11, 1903.
CHAPTER ll^S. F. NO. 50.
AN ACT to amend that subdivision of
section two (2). of chapter one hundred
and twenty (120) of the General Laws of
the State of Minnesota, for the year
1897, entitled: "An act to prescribe the
bounds of senatorial and representative
districts, and to apportion anew the
senators and representatives among the
several districts," entitled "Thirty-third
district."
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That that subdivision of sec
tion two (2). of chapter one hundred and
twenty (120) of the General Laws of the
State of Minnesota for the year 1897, en
titled "Thirty-third District," be amended
so as to read as follows:
THIRTY-THIRD DISTRICT.
The thirty-third (33d) district shall be
composed of the First (1st) and Second
(2d) wards of the city of St. Paul, and
shall be entitled to elect one (1) senator,
and two( 2)representatives. Representative
districts divided as follows: The First
(1st) ward shall be entitled to elect one
(1) representative. The Second (2d) ward
shall be entitled to elect one (1) repre-
Sec. 2.' This act shall take effect and
be in force from and after its passage.
Approved Feb. 13, 1903.
CHAPTER 12S. F. NO. 90.
AN ACT fixing the times for holding gen
eral terms of the district court in the
counties of Lake and Cook in the Elev
enth judicial district of this state.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. General terms of the dis
trict court for the county of Lake hi the
Eleventh judicial district of this state
shall be held on the first Wednesday of
June and on the first Wednesday of De
cember in ech year
Sec. 2. A '-general term of the district
court" for the county of Cook in the
Eleventh judicial district of this state
shall be -held on the last Thursday of
Juhe in each year. -.--.-.*_
CHAPTER 13HT.
Mfe-*-*?-*.
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':-"l..
are^er^Dy^p^ledi.-':'':^-'',!:
Sep. 4. Thtevact shall take effect and
be in forcefrom and after its passage.
Approved Feb, 13, 1903.
CHAPTER 14-H. F. NO. 103.
AN ACT to provide for the disposition of
unclaimed dividends or other moneys
and the final closing up of the affairs
of any corporation or association organ
ized under the laws of Minnesota and
subject to the supervision of the public
exf miner and superintendent of banks,
in liquidation, either voluntarily or by
order of court.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Whenever any corporation
or association, organized under the laws
of Minnesota, and subject to the super
vision of the public examiner and super
intendent of banks, is in process of
liquidation, either by its voluntary act
or by order of the Court, and such liquida
tion has proceeded so far that.the .only
thing remaining to be done, to finally
close up its affairs, is the paying out of
dividends or other moneys, set apart for
payment upon claims against such liqui
dating corporation or association, and the
receiver or other liquidating officers
thereof have been unable to locate and
to pay over such dividends or other
moneys to the proper claimants, then and
in that case said unclaimed dividends and
other moneys shall be disposed of, and
the affairs of said liquidating corpora
tion or association shall be finally closed
up, as In this act provided.
Sec 2. "Whenever the public examiner
and superintendent of banks shall be
satisfied that the process of liquidating
the affairs of any corporation or associa
tion mentioned in section 1 of this act
is in the condition stated in said section
1 then it shall be his duty to forthwith
notify the receiver or other liquidating
officers thereof that further delay in clos
ing up the affairs of said corporation or
association wfl,l be a useless and unrea
sonable expense and to direct such re
ceiver or other liquidating officers to
make and certify lists in quadruplicate of
any unclaimed dividends or other moneys
remaining on hand, specifying the name
of the claimant to whom allowed, the last
known address thereof and the amount
due to present said certified lists to said
public examiner and superintendent of
banks for an indorsement thereon of his
order that said unclaimed dividends and
other moneys shall be forthwith paid into
the state treasury to then forthwith pay
into said state treasury the amount of
such unclaimed dividends and other
moneys so specified In said certified lists
to file with the said public examiner and
superintendent of banks, state auditor and
state treasurer one copy each of said cer
tified lists, and to deposit with said pub
lic examiner and superintendent of banks
any records' and proofs concerning the
claims upbn which such dividends or
other moneys remain unclaimed. The
said records and proofs, shall thereafter
be kept 'by the public examiner and su
perintendent of banks, as a part of the
state records pertaining to his office.
Sec. 3. Any receiver or other liqui
dating officer of such corporation or asso
ciation receiving the order specified in
section 2 shall at once comply therewith,
and. npon^jeceip^ X aucfc dlvidenda- or
i&^^A^s
GENERAL LAWS OF MINNESOTA PASSES AT THE LEGISLATIVE SESSION OF 1903.
other moneys ther
treasurer, it shall bf
treasurer to execufc
therefor, upon one
for the moneys so
the state treasury,
receiver or other lip
thereafter be and i
complete release, di
tion of any claim
receiver or other 11
or on account of t'
moneys, so paid inti
upon account of sup'
Sec. 4. At any
after any such divi
shall have been pal
ury, but not after
named in said certi
representative ther
plication with the
superintendent of b.
to said claimant of
unclaimed dividend
paid into the state
of said claimant,
upon proof that th
thereto, to the satlsf
attorney general an
superintendent of
faction of any two
m!m
F.organization
NO. 35.
AN ACT to legalize the4
of
certain municipal courts organized
under chapter two hundred and^twenty
nine (229) of- the General Laws of
eighteen hundred and ninety-five (1895.)
Be it enacted by the legislature of the
State of Minnesota:
Sectional. That in all cities of less than
five thousand (5,000) inhabitants in this
state, where there has heretofore been
organized or attempted to be organized,
a municipal court under the provisions of
chapter two hundred and twenty-nine
(229) of the General Laws of 1895, and
amendments thereto, and where the city
council of such city has adopted, or at
tempted to adopt and accept the provisions
of said chapter two hundred and twenty
nine (229), and where the officers of said
court have been elected as provided in
said act, and said court has been or
ganized, and has in fact proceeded to act
as a court, and to transact and carry on
business as such court, such organization
or attempted organization is hereby
legalized and declared a valid and ef
fectual organization of such court, and
all such courts shall possess and are
hereby endowed with all the rights, pow
ers and privileges, conferred under the
provisions of said act and the amend
ments thereto. n
And all officers of such court, and all
persons acting as officers of such court,
shall occupy and continue to occupy their
offices in like manner as if said court
had been in all respects duly organized.
Provided, Nothing herein shall affect
any action or proceeding now pending.
Sec 2: This act shall take effect and
be in force from and after its passage.
Approved Feb. 13, 1903.
.rom by the state
the duty of the state
Lan itemized receipt
said certified lists,
aforesaid paid into
such receipt, to such
[dating officers, shall
institute a full and
Charge and satisfac-
demand, upon such
lidating officers, for
dividends or other
said state treasury,
1 claims.
je within ten years
|nd or other moneys
into the sfiate treas
irds, any claimant
sd lists or the legal
A may file an ap
lublic examiner and
Iks for the payment
the amount of said
)T other moneys, so
feasury upon account
ithout interest, and
[claimant Is entitled
Mion of the governor,
{public examiner and
iks, or to the satis
said officers, shall
be entitled to an q*der from said last
named officers, or ahy two of them, to
the state auditor forja warrant upon the
state treasury, in fator of said claimant,
for the amount of Tanoney so paid into
said state treasury a being unclaimed by
said claimant. Uponireceipt of such order
by the state auditor^it shall be the duty
of the latter to draw*his warrant accord
ingly, in favor of such claimant or his
legal representative,. and it shall be the
duty of the state treasurer thereafter to
pay the same, and there is hereby appro
priated out of the state treasury the
amount of money necessary to pay such
warrant from the moneys so paid into
said state trea&uryj by such receiver or
other liquidating officer upon account of
the claim for which said warrant is
drawn.
At the end of ten years after said
money has been so paid into the state
treasury, as provided in section 2 of this
act, if no claim has been filed therefor
with the public examiner and superin
tendent of banks, it shall be the duty of
that officer to so note upon his copy of
the certified list aforesaid and to certify
the fact to the state, treasurer and state
auditor, who shall thereupon make like
entries upon their' respective certified
lists, and any further claim to said
money shall thereafter be absolutely
barred. I
Sec. 5. This act shall take effect and
be in force from andlafter its passage.
Approved Feb. 13, p03.
CHAPTER 15-|k. F. NO. 100.
AN ACT to amend lection six thousand
and twenty-eight (8028) of the General
Statutes of Minnesota 1894 relating to
the limitation of tHfe time within which
proceedings may b#commenced for the
foreclosure of mortfrages.
Be it enacted by the legislature of the
State of Minnesota??!
Section 1. That section six thousand
and twenty-eight (6p8) of the General
Statutes of Minnesota 1894 be and the
same is hereby amended to read as fol
lows:
Section 6028. Foreclosure by advertise
ment limitation.
"Every mortgage of real estate hereto
fore or hereafter executed containing
therein a power of saje, upon default be
ing made in any coriflition of said mort
gage, may be foreclosed by advertise
ment within fifteen &5) years after the
maturing of such mortgage or the debt
secured thereby in the cases and in the
manner hereinafter Specified," and said
fifteen (15) years shall not be enlarged
or extended by
reasonf
dence, nor'-'by reasori:
of any non-resi-
any payment or
payments made or applied upon the debt
secured'by such mortgage after the ma
turity of such debt!
Sec". 2.. The provisions of this act shall
not affect any foreclosure proceedings
now pending. i1
_,
Sec, This act shall take effect and
be in force from amE after the 1st day
of September,.1903,
Approved Fsb.
'erefbfxire
city council" or common council of any
city, together with the ordinances re
lating thereto. A,
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Any and all bonds of any
city in the State of Minnesota, heretofore
voted to be issued by the common council
or city council of any such city assuming
to act under a general law of this state
for the purpose of providing or erecting
armories for the national guard, and
signed by the proper officials in office at
*he date thereof, though in excess of the
limit fixed by law for the bonded indebt
edness of such city, together with all
ordinances authorizing the same or re
lating thereto, are hereby in all respects
validated and legalized, and the bonds so
voted and signed may be sold by the
proper authorities for the purpose afore
said, and when sold shall be and are
hereby declared to be valid obligations
of such city provided, that in voting to
issue said bonds, such city council or
common council has in other respects
complied substantially with the provisions
of the specific act of the legislature of
the State of Minnesota under which it
assumed to act and provided further,
that the bonded indebtedness of such city
shall not exceed, including the amount of
said issue but less the amount of the
credit of any sinking fund existing in
said city, 10 per cent of the assessed
valuation of the taxable property of such
city.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved Feb. 18, 1903.
CHAPTER 17H. F. NO. 18.
AN ACT to amend sections 2994, 2995, 2996
and 2997 of the General Statutes of
Minnesota for 1894, relating to the in
corporation of Masonic bodies.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That sections 2994, 2995, 2996
and 2997 of the General Statutes of Min
nesota for 1894 be and the same are here
by amended to read as follows, to-wit:
Section 2994. That any subordinate
lodge of Free and Accepted Masons, or
commandery of Knights Templar, insti
tuted under the authority of the grand
lodge of Free and Accepted Masons, or
of the grand chapter of Royal Arch Ma
sons, or of the Ancient and Accepted
Scottish Rites Masons of the Southern
jurisdiction of the United States, or grand
commandery of Knights Templar of the
State of Minnesota, or of the grand lodge,
grand chapter or grand commandery of
the United States, may become incor
porated in the manner provided herein.
Section 2995. Such subordinate lodge,
chapter of Royal Arch Masons, or com
mandery of Knights Templar, or lodge
of Ancient and Accepted Scottish Rites
Masons of the Southern jurisdiction of
the United States shall cause to be pre
pared a certificate which shall contain:
FirstThe charter name and number of
such lodge, chapter, commandery, or An
cient and Accepted Scottish Rites Ma
sons of the Southern jurisdiction of the
United States.
SecondThe time when and the author
ity by. which such lodge, chapter, com
mandery, or lodge of Ancient and Accept
ed Scottish Rites Masons of the Southern
jurisdiction of the United States was in
stituted.
ThirdThe names of the charter mem
bers of such lodge, chapter, commandery,
or lodge of Ancient and Accepted Scottish
Rites Masons of the Southern jurisdiction
of the United States.
FourthThe name, if a lodge, of its
worshipful master, senior warden, junior
warden, and secretary if a chapter, its
high priest, king, scribe and secretary
if a commandery, of Its eminent com
mander, generalissimo, captain general,
and recorder if a lodge of Ancient and
Accepted Scottish Rites Masons of the
Southern Jurisdiction of the United States,
of its venerable master, senior warden,
junior warden, and secretary, for the cur
rent term of such lodge, chapter or com
mandery. Such certificate shall be under
the seal of such lodge, chapter or com
mandery, and signed by the worshipful
master, senior warden, junior warden,
and secretary of such lodge, or by the
high priest, king, scribe, and secretary
of such chapter, or by the eminent com
mander, generalissimo, captafei general,
and recorder of such commandery, or by
the venerable master, senior warden,
Junior warden, and secretary of such*
lodge of Ancient and Accepted Scottish
Rites Masons of the Southern jurisdiction
bfothe United States, and shall be re
corded in the office of the register of
deeds of the county, where such lodge,
chapter or commandery is located.
Section 2996. Upon filing such certifi
cate in the office of such register, such
lodge, chapter or commandery, or lodge
of Ancient and Accepted Scottish Bites
Masons of the Southern jurisdiction of the
United States, shall become a body cor
porate, under ita charter nam* and,.nun*-,
54'
Defective Page
ber. and shall have and possess all the
powers of corporations at common law,
and shall have power to sue and be sued
by its corporate name, and in such name
to acquire or receive, by purchase, gift,
grant, devise, or bequest, any property,
real, personal, or mixed, and the same to
hold, sell, transfer, mortgage, convey,
loan, let, or otherwise use in accordance
with the laws and usages of said order
but said corporation has no power to* di
vert any gift, grant, or bequest from the
specific purpose designated by the donor.
Section 2997. Whenever the charter of
any sifch lodge, chapter, or commandery,
or lodge of Ancient and Accepted Scot
tish Rites Masons of'the Southern juris
diction of the United States, shall be sur
rendered to *r taken away by said grand
lodge, grand chapter, or grand command
ery of this state, or whenever by the
laws and usages of said orders such sub
ordinate lodge, chapter, or commandery
shall become defunct, the corporate pow
ers of such lodge, chapter, or commandery
shall cease and determine, except that
such corporation, as such, shall have
power to sell, convey, and dispose of its
property, and collect debts due it, and
all such property and debts shall be de
livered up to the grand lodge, grand chap
ter, or grand commandery of this stato
or, in the discretion of such grand lodges,
be disposed of in accordance with the
laws of said order.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved Feb. 18. 1903.
CHAPTER 18H. F. NO. 76.
AN ACT providing that villages, bor
oughs or cities containing a population
of ten thousand (10,000) inhabitants
or less, may designate depositories for.
village, borough, or city moneys, and
requiring the deposit of village, borough
or city money? in such depositories, and
exempting the village, borough, or city
treasurer from liabitlity for such de
posits.
Be it enacted by the legislature cf the
State of Minnesota:
Section 1. The common council, or any
body answering thereto, of the several
villages, boroughs or cities containing a
population of ten thousand (10,000) in
habitants or less, in this state, whether
organized and created under any general
or special law, may, in their discretion,
select and designate as a depository or
depositories for village, borough or city
moneys, any national, state or private
bank or banks. Such depositories shall
be required to execute and deliver good
and sufficient bond, with two (2) or more
sureties, in at least double the amount
of the sums deposited and to be de
posited, such bond to be executed to, and
in favor of, the common council, or any
body answering thereto, of such vil
lage, borough or city, and for the use of
such village, borough or city. Such bond
to be approved by the said common coun
cil, or any body answering thereto, and
such common council, or any body an
swering thereto, may require all or any
part of the village, borough or city mon
eys, as they may direct from time to time,
to be deposited by the village, borough
or city treasurer in the depository or de
positories designated as aforesaid.
Such bank of banks shall be designated
by such common council, or any body
answering thereto, in such manner as
they may deem best.
Such common council, or any body
answering thereto, shall also have power
to make such terms and conditions as to
deposits as to them shall deem for the
best interests of the village, borough or
city
Provided, that the length of time of
such deposits, shall not exceed the term
of office of such common council, or any
body answering thereto, and that new
depositories may be selected from time to
time .as the common council, or any- body
answering thereto, shall decide.
And provided further, that all such des
ignations of depositories shall be in writ
ing, setting forth all the terms and con
ditions of the deposits to be made in
pursuance thereof, and signed by the
president and recorder of such common
council, officers or members performing
similar duties of any body answering
thereto, for any such village, borough or
city and the same shall be filed in the
-office of:fha clerk,or recorder of any such
a' jegai^epbsitory for village borough
or city moneys, and thereafter the treas
urer of any such village, borough or city
shall deposit such* village, borough or city
moneys therein, as he shall be required
from time to time to deposit by such
common council, or any body answering
thereto.
Sec. 2. The village borough or city
treasurer and the sureties on his bond
shall be exempt ,from liability to the
village, borough or city, by reason of
the loss of any funds of such village,
borough or city deposited in any such
bank, from the failure, bankruptcy or
other acts of such bank, to the extent and
amount of such funds in such bank at
the time of such failure or bankruptcy.
Sec. 3. All interest on moneys deposited
as hereinbefore provided, shall be and be
come the property of such village, bor
ough or city.
Sec. 4. This act shall take effect and
be in force from and after the first day
of May, 1903.
Approved February 20, 1903.
CHAPTER 19H. F. NO. 64.
AN ACT to amend chapter 361 of the
Laws of 1901, relating to terms of the
district court in and for Kanabec coun
ty, and for the hearing and trial of all
matters, except issues of fact, by a jury.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That chapter 361 of the laws
of 1901, approved April 13th. 1901. be
amended so as to read as follows:
A general term of the district court in
and for the county of Kanabec, in the
First judicial district, shall be held in
and for said county on the third Tuesday
in August, in each year, for the trial and
determination of both criminal and civil
business and cases. Provided, that no
grand or petit jury shall be drawn or
summoned unless the court shall direct
by a written order made and filed with
the clerk of said court at least twenty
days before the holding of said court.
Sec. 2. Cases on the calendar of said
court for trial at such term may by the
order of said court be continued to the
next general term of said court.
Sec. 3. This act shall take effect and
be In force from and after its passage.
Approved Feb. 20, 1903.
CHAPTER 20S. F. NO. 56.
AN ACT relating to the tax paid by fire
insurance companies upon premiums re
ceived by them in this state, and provid
ing for the appropriation and expendi
ture thereof.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Every fire insurance com
pany doing business in this state shall
as a part of its annual statement, re
quired by sections twelve (12) and thir
teen (13) of title three (3). chapter one
(1), of General Laws one thousand eight
hundred.and seventy-two (1872). incor
porate therein a statement of the amount
of cash premiums received in each city,
town, village or other municipal corpora*
tion in the State of Minnesota, having an
organized fire department.
Sec. 2. The recorder or clerk of any
city. town, village or other municipal cor
poration having an organized fire depart
ment shall, on or before the thirty-first
(31st) day of October in each year, make
and file with the insurance commmission
er his certificate, stating the existence of
such department, the number of steam,
hand or other engines, hook and ladder
trucks, hose carts and number of feet
of hose in actual use. the number of or
ganized companies, and the system of
water supply in use in such department,
together with such other facts as such
insurance commissioner may require.
Sec. 3. The Insurance commissioner
shall embody in his annual statement
blank a blank form, with the names of
the towns thereon entitled to benefits un
der this act, and require the companies
to report at the time of making their an
nual statements the amount of premium
received by them during the year ending
December thirty-first (31st) in each and
all of the several towns named in said
blank, and thereafter and before the first
(1st) day of July, the insurance commis
pioner shall certify to the state auditor
the names of the towns, cities, villages or
other municipal corporations which have
organized fire departments as reported
to him under section two (2) of this act,
and the amount of premiums received by
said companies in each of said towns,
cities villages or other municipal corpo
rations, and the amount of tax paid In
such year by said companies upon sucu
premiums.
Sec 4. The state auditor, at the end
of the fiscal vear, shall issue and deliver,
to the treasurer of any such city, town,
village or other municipal corporation,
his warrant upon the treasurer of state
for an amount equal to the total amount
of the existing two (2) per cent tax so
paid by such fire insurance companies
upon the nremiums by ,theaa. received in
am such cite* town^yjiiJtfiot,or other mu-1
.-K.
*i
nicipal corporation as specified in the
said certificate of said insurance com
missioner.
Sec. 5. The treasurer of state is hereby
authorized and directed to, and upon the
presentation to him of the said warrant
of said auditor, he shall pay to the treas
urer of any such city, town, village or
other municipal corporation, out of the
general revenue fund of this state, the
amount in such warrant specified.
Sec. 6. The amount so paid to any city,
town, village or other municipal corpora
tion under the provisions of this act shall
be by it set aside as a special fund, and
may be appropriated and disbursed in
the same manner that other funds belong
ing to such city, town, village or other
municipal corporation, are appropriated
or disbursed, but only for the following
purposes, viz:
FirstFor the relief of sick, injured
and disabled members of any fire depart
ment in such city, town, village or other
municipal corporation, and their widows
and orphans.
SecondFor the payments of pensions
for long service to retired members of any
fire department in any such city, town,
village or other municipal corporation
of the state pursuant to the provisions
of chanter fifty-five (55), General Laws
of eighteen hundred and ninety-seven
(1897), which are hereby re-enacted.
ThirdFor the equipment and main
tenance of the fire department in any
Provided, that in case there exists or
shall exist a fire department relief asso
ciation duly organized or incoporated in
asu'rer~
mic city,
town, village or other municipal corpora
tion, or of" such relief association, and if
said complaint be found true, to report
the same to the governor. The governor
shall thereupon direct the state auditor
not to Issue any warrant for the benefit
of such city, town, village or other mu
nicipal corporation or to such relief as
sociation until it shall be made to appear
to the public examiner, who shall report
the fact to the governor that all moneys
wrongfullv expended as aforesaid has
been properly replaced. And the govern
or may take such further action as the
emergency may demand. Said public ex
aminer Is further authorized and em
powered at any time, In his discretion, to
examine the books and financial accounts
of the treasurer of any such city. town,
village or other municipal corporation, or
of anv relief association receiving part
of said tax, and make a report thereof
to the governor with his recommendation.
And the governor is authorized and em
powered to take such, action as to him
seems oroper.
See. 7. All acts or parts of acts Incon
sistent with this act are hereby repealed.
Sec. 8. This act shall take effect and
be in force from pnd nfter its passage.
Approved Feb. 20, 1003.
CHAPTER 21H. F. NO. 135.
AN ACT to legalize certain county bonds
heretofore voted and sold under chapter
297 of the General Laws of the State of
Minnesota for the year 1895.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That in all cases where the
electors of any county having voted the
issue of the bonds of said county, and
where, pursuant to said vote, the county
commissioners of said county, have after
due advertisement sold the bonds of said
county for the purpose of constructing
and repairing roads and bridges pursuant
to chapter 297 of the General Laws of the
State of Minnesota for 1S95, approved
April 5, 1895, and such bonds are defec
tive because the provisions of said chap
ter authorizing the issue of such bonds to
an amount not to exceed 2 per cent of the
taxable property valuation of the county
is inconsistent with chapter 289 of the
laws of 1895, approved April 19, 1895,
limiting the amount for which bonds may
be issued for the construction of wagon
roads and bridges not to exceed 1 per cent
of the assessed valuation of the county
the bonds so voted and sold are hereby
in all respects legalized and made au
thorized, and are made binding and valid
obligations of the county which has voted
and sold the same, according to the terms
and at the rate of interest in such bond
sale provided, however, that the time
when said bonds shall be payable and the
rates of interests which said bonds shall
bear, are within the limits prescribed by
law in such case made and provided, fur
ther, that this act shall not effect any suit
now pending relative to the legality of any
bonds so issued.
Sec 2. This act shall take effect and
be in force from and after its passage.
Approved March 3. 1903.
CHAPTER 22H. F. NO. 84.
AN ACT authorizing cities to accept, ac
quire and hold property by gift, grant
or devise, and to manage and control the
same.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Any incoporated city in the
State of Minnesota, now or hereafter or
ganized, shall have the power, and it is
hereby authorized to accept, take, acquire
the title to, and hold by gift, grant or de
vise, any real property situate within
the limits of such city, together with the
buildings thereon and personal property
furnishing or equipping the same, which
may be to it given, devised, granted or
in any manner conveyed or transferred
by any person or corporation having a
right to so dispose of the same.
Any such city shall also have the power
and is hereby authorized to hold, manage,
control, maintain and preserve such prop
erty for the use and benefit of such city
and the residents thereof, in such manner
and upon such terms and conditions, and
with such restrictions, and for such pur
poses, other than those of a purely re
ligious or sectarian character* as may be
stated or provided in the instruments or
instrument by which such property is so
conveyed or transferred to such city.
Sec 2. Before any such conveyance or,
transfer shall become operative or the
title to such property vested in such city,
a resolution reciting and accepting the
terms, conditions, restrictions and pur
poses thereof as aforesaid shall be adopt
ed by an affirmative vote of at least two
thirds of all the members of the city
council of such city at a meeting there
of, and be approved by the mayor there
of, and recorded in full, in the official
records of the meetings of said council,
fluch resolution,^ aAoRted* afiE.rpy.ed &ad
"STNN6SOTA
HISTORICA
SOCIETY, I
aaMaMlBMMMMllMHaMMHia^ia^
such city, town, village or other munic- est therein, and that no will has bee
ipal Corporation m-nhatari
oralupon
city, town, village or other municipal cor
poration, as aforesaid, shall be paid to
the treasurer of such relief association,
Instead of to the treasurer of such city,
town, village or other municipal corpora
tion.
But the secretary and treasurer of every
such relief association shall prepare an
nually a report of all the receipts and
expenditures of such association for the
previous year, showing for what purpose
the money has been paid and expended,
and to whom, which report shall be filed
in the office of the town, village or city
clerk of the city, town, village or other
municipal corporation in which such as
sociation is situated, and a duplicate of
such report shall also be filed with the
state auditor before any money shall be
paid to any such relief association. The
money paid to such relief association shall
be expended only for the relief of sick, in
jured and disabled members of any fire
department in such city, town, village or
other municipal corporation, and their
widows and orphans, and for the payment
of pensions for long service to retired
members of any fire department in any
such city, town, village or other munici
pal corporation of the state pursuant to
the provisions pf chapter fifty-five (55),
General Laws bf eighteen hundred and
ninety-seven (1897). For the purposes of
this act no substitute fireman or any one
serving on probation, or any fireman in
a c'ty. town or village having a relisf as
sociation in its fire department, who Is
not a member of such relief associntion,
shall be deemed to be a fireman within
the meaning of this act. The treasurer
of every such relief association, before
entering upon the duties of his office,
shall give a good and sufficient bond to
said relief association, conditioned for the
faithful discharge of the duties of his
office, and for the safe keeping and pay
ing over, according to law, of all moneys
which come into his hands as such treas
urer.
Provided further, that no mich moneys
shall be paid to any such relief association
hereafter organized unless such organiza
tion is made with the consent of the
council or board of trustees of the city,
village or town to which the organization
belongs.
And provided further., that it shall be
the duty of the public examiner, and he
is hereby authorized and empowered,
when complaint Is duly made to him, that
the money or any part thereof paid under
the provisions of this act. to the treas
urer of any city, town, village or other
municipal corporation, or to any of said
relief association, has been or Is being"ex
pended for purposes other than as afore
Raid to examine the^^sokso" and flnanciaJi,.
Siccoutttff 'of the tre1
any such city, town, village or other mu- such petitionn, andr the same shall be
nicipal corporation, said money due said
recorded shall constitute upon the part ol
such city an acceptance of such terms,
conditions, restrictions and purposes, and
shall be a valid contract between such
city and the donor of such property, his
heirs, or successors or assigns.
Sec. 3. Such property shall for all pur
poses and so long as the title thereto re
mains in such city be held to be property
owned by such city and used exclusively
for public purposes, and shall be exempt
from taxation.
Sec. 4. This act shall take effect and
be in force from and after its passage.
Approved March 3, 1903.
CHAPTER 23H. F. NO. 115.
AN ACT to amend Chapter 346, General
Laws of 1901, entitled "An act to deter
mine the descent of real estate in cer
tain cases and to assign the same and
make a record thereof."
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Section 1 of chapter 346,
General Laws of 1901, is hereby amended
so that the same shall read as follows:
Section 1. Whenever it shall appear by
the petition of any person, claiming any
interest in real property, to the probate
court of any county, wherein said real
property or any part thereof is situated,
that more than five years have passed
since the death of any person who died
owning said rea, propert- or,
ao
and still outstanding, including water and
light bonds, together with the proposed
issue, less the amount of the bonds of
such city which shall be in and consti
tute a part of the sinking fund of such
city for the payment of bonds, shall ex
ceed ten per cent of the assessed valua
tion of the non-exempt taxable property
of such city as shown by the last preced
ing assessment.
Sec. 3. All bonds Issued under author
ity of this act shall be sealed with the
seal of the city issuing the same and
signed by the mayor and attested bv tha
clerk or recorder and countersigned bv
the city comptroller, if such officer ex
ists in such city. The proceeds of anv
and all bonds Issued and sold under
authority of this act shall be placed in
the city treasury of the city issuing tho
same, and shall constitute a special fund
and shall be kept distinct from all other
funds of the city except from funds used
for the same purpose, and shall be used
only for the purpose of paying to the
amount of the special assessment duly as
sessed and levied therefor and in advanno
of the collection of such assessment, (1)
the cost of paving, repairing or macadam
izing any public street, lane or alley in
such city (2) the cost of any gutter or
gutters along any such street, lane or al
ley (3) the cost of laying any curb stone
along any such street, lane or alley (not
including sidewalk proper on any such
street, lane or alley) (4) the cost of lay
ing, relaying or extending any sewer pipes
in or through any such street, lane or
alley or other public grounds or any por
tion thereof and the proceeds of said
bonds or any thereof shall not be used for
any other purposes than those hereinbe
fore specified.
All said assessments, the amounts of
which have been advanced from the spe
cial fund hereby created, and used pursu
ant to the provisions of this act for pay
ing the cost of local improvements for
which such assessments are levied, shall,
together with all penalties and accrued
interest thereon, when collected, be paid
into the city treasury to the credit of tho
special fund hereby created, and the samu
shall be and become a part of said special
fund and shall be used only for the pur
poses of aid special fund as hereinbefore
expressly provided.
Sec. 4. It shall be the duty of the city
comptroller of said cities, or other officer
having like duties in case there be no city
comptroller, to ascertain annually, at the
end of each calendar year, to what extent,
if any, the whoje special fi'nd in which
said proceeds of said bonds is placed and
of which fund said proceeds form all or
any part, has been impaired or depicted
by the annullment of assessments or other
cause, and shall state in his annual report
the amount of cash in the city treasury
belonging to said fund, the amount of
uncollected and unimpaired assessments
due and to become due to said fund, to
gether with the amount of said Impair
ment or depletion of said fund, if any,
the same to be itemized under tho re
spective causes of such impairment or de
pletion. In case said impairment or de
pletion of said fund, or any part thereof,
arose by reason of any such special as
sessment being less than the actual cost
of the improvement for which the assess
ment was made, it shall be the duty of
the proper officer or officers of such city,
and they are hereby empowered to cause
a new and additional special assessment
to be made against the property which
was underassessed, so as to bring the
whole assessment against said property
up to the actual cost of such improve
ment. In case any portion of said impair
ment or depletion so ascertained arose
from other cause than such underassess
ment, it shall be the duty of the city
comptroller or other proper officer or offi
cers of such city, to transfer from the
permanent improvement funds of such
city to said impaired or depleted fund the
amount of such impairment and depletion
arising from such other cause. In case
any such city has no fund designated as a
permanent Improvement fund, then such
transfer shall be made from any funds of
such city available for public improve*
ments, and if there should not then be
sufficient permanent improvement funds
or other such funds available for such
transfer, then such transfer shall be made
out of the first funds thereafter coming
into the fund from which said transfer Is
herein, required to be made provided,
however, that this act shall not be con-'
strued to require any such reassessment
nor any such transfer except for such
impairment or depletion as arises after
the proceeds of any of said bonds have
come into said special fund.
Sec. 5. This act shall take effect and
be in force from and after its passage.
Approved March 3, 1903.
CHAPTER 25H. F. NO. 4.
AN ACT proposing an amendment to sec
tion six (6), of article eight (8), of the.]
.Constitution, of the. State, of Minne*ota{
ia
some inter-
Uno
nn
Unnw
the
ffra.nt.fid
probated and no administration granteda,v
in this state the estate de
cedent, it shall be duty of th probate
court to issue its order for hearing on
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served and published as provided by law
for the service and publication of notico
for hearing of petitions for final decrees
in said court, and such petitions shall be
heard in like manner with the petitions
for such final decrees.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved March 3, 1903.
CHAPTER 24H. F. NO. 254.
AN ACT to authorize and empower the
city council or common council of cities
in this state of over 50,000 inhabitants
to issue and sell municipal bonds and
to use the proceeds thereof for defray
ing the cost of making certain local
Improvements in advance of the collec
tion of the special assessment levied
therefor and to provide for ascertaining,
reporting and supplying any impair
ment or depletion of the fund into
which the proceeds of said bonds come.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The city council or common
council of each and every city In thin
state now or hereafter having over 50,000
Inhabitants, in addition to all the rights
and powers heretofore granted thereto by
law, is hereby authorized and empowereil
for the purposes herein designated, to
issue from time to time as needed, the
negotiable bonds of their respective city
to an amount in the aggregate not to ex
ceed three hundred and fifty thousand
dollars ($350,000.00), said bonds to be
made in such denominations and payable
at such places and at such times, not to
exceed ten years from the date thereof,
as may be deemed best, and to bear in
terest at a rate not to exceed three and
one-half (Sy2) per cent per annum, pay
able semi-annually and to have Interest
coupons attached, payable at such place
or places as shall be designated therein,
and said city council or common council,
as the case may be, is further authorized
to negotiate and sell such bonds from
time to time to the highest bidder or bid
ders therefor and upon the best terms
that can be obtained for said bonds. Pro
vided, that no such bonds shall be sold
for a less amount than the par value
thereof and accrued interest thereon
and provided further, that said bonds
shall not be issued until the issuance
thereof Is authorized by resolution duly
passed by a five-sixths vote of all the
members of the city council or com
mon council proposing to issue the same
and no bonds shall be issued under the
provisions of this act after six months
from the date of its passage.
Sec. 2. Nothing herein contained shall
authorize the Issue at any time of the
bonds bf any such city to such an amount
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