OCR Interpretation


The Appeal. (Saint Paul, Minn. ;) 1889-19??, May 02, 1903, Minnesota Law Supplement, Image 6

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relating to school funds, education and
SC16UC6
it enacted by the legislature of the
State of Minnesota.
Section 1 The following amendment to
section six (6), of article eight (8), of the
Constitution of the State Minnesota, is
hereby proposed to the people of the State
of Minnesota for their approval or rejec
tion, that is to say, said section shall he
amended to read as follows
Section 6 The permanent school and uni
versity fund of this state may be in
Vested in the bonds of any county, school
district, city, town or village of this state,
but no such investment shall be made un
til approved hy the board of commis
sioners designated by law to regulate the
Investment of the permanent school
fund and the permanent university fund
of this state, nor shall such loan or in
vestment be made when the bonds to be
Issued or purchased would make the en
tire bonded indebtedness exceed fifteen
(15) per cent of the assessed valuation of
the taxable real property of the county,
school district, city, town or village is
suing such bonds nor shall such loans or
Indebtedness be made at a lower rate of
Interest than three (3) per cent per an
num, nor for a shorter period than five
(5) years, nor for a longer period than
twenty (20) years, and no change of the
town, school district, city, village, or of
county linos shall relieve the real prop
erty in such town, school district, county,
village or city in this state at the time
of the issuing of such bonds from any
liability for taxation to pay such bonds.
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 declared
in the manner provided by law with ref
erence 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 proclamation
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
tion on said amendment shall have
printed thereon. "Amendment to section
six (6), of article eight (8), of the Con
stitution providing for loaning the pei
znanent school or university funds to or
the purchase of bonds of cities, villages.,
towns, counties and school districts,
YesNo," and each elector voting on said
amendment shall place a cross mark thus
(x) in a space
toorbe
left
the word
Eervisors
Secf 8rThis*'act W
Be
opposite,
either
'Yes the word "No and
Bhall be counted for or against the prop
osition in accordance with the expressed
will of the elector, as provided by the
election laws of the state
Sec. 4. This act shall take effect and
be In force from and after its passage
Approved March 8, 1903
CHAPTER 26S NO 46
A BILL, for an act to amend chapter 239
of the General Laws of 1897, as amend
ed by chapter 59 of the General Laws or
1899, entitled "An act to permit voters
of any township In this state to hold
their elections within an incorporated
village when such village is located in
ss.id town
Be it enacted by the legislature of the
State of Minnesota
Section 1 That section one (1) of chap
ter two hundred and thirty-nine (239) of
the General Laws of one thousand eight
hundred and ninety-seven (1897) as
amended by chapter fifty-nine (59)1 ofI the
General Laws of one thousand eight hun
dred and ninety-nine (1899). be and the
same Is hereby amended so as to read as
ollo*ws
Section 1. That whenever a majority of
the legal voters of any township In this
state shall petition the board of super
visors of such town to change the place
of holding elections from where last held
to an incorporated village, or to an in
comorated city containing less than ten
thousand inhabitants, located in whole or
in part within such town, then said su
may procure a suitable hail or
uUdlng in such village or city where
the voters of such township shall hold
their elections, and said township shall
have power to purchase and own neces
sary real estate in such incorporated vil
lage or city for such purpose, provided
however, that no village or city election
Bhall be held in hall, or place so procured
by said town for election purposes
Sec 2. That section two (2) of chapter
two hundred and thirty-nine (289) of'the
General Laws of one thousand eight hun
dredL and ninety-seven (1897). be and the
same is hereby amended by inserting
after the word ''village' .occurring in the
third line of said section two (2 the
shall take effect and
be in force from and after its passage
Approved March 3, 1903.
CHAPTER 27S NO. 12
A N ACT to amend section 254 of chaptei
46 of the General Laws of the State of
Minnesota for the year 1889. relating to
appeals from Probate Court
Be it enacted by the legislature of the
State of Minnesota"
Section 1 That section 254 of chapter
46 of the General Laws of the State of
Minnesota for the year 1889 be amended
so as to read as follows*
Section 254 In all other cases the appeal
can only be taken by a party aggrieved
who appeared and moved for or opposed
the order or judgment appealed from,
0
1
who. being entitled to be heard thereon,
did not appear and take part in said pro
of*diner3
Sec 2 This act shall take effect and be
In force from and after its passage.
Approved March 8, 1903.
CHAPTER 28-9 NO 110
A N ACT to amend sections twenty-three
(23) and twenty-seven (27) of chapter
one hundred and forty-five (145) of the
General Laws of 1885, the same being
sections 1240 and 1244 of the General
Statutes of 1894, relating to the incorpo
ration of villages and to their powers
it enacted by the Legislature of the
State of Minnesota:
Section 1 That section twenty-three
(23) of chapter one hundred and forty-rive
(145) of the General Laws of 1885, being
section 1240 of the General Statutes of
1894, be and the same is hereby amended
so as to read as follows:
Section 23 Whenever the village council
shall intend to erect or construct any
pumps, water mains, reservoirs, engine
houses or other water works, or, to lay
out and open, change, widen or extend
any street, lane, alley, public grounds,
eauare or other places, or to construct
and open, alter, enlarge or extend drains,
canals or sewers, or alter, widen or
Btraighten water courses therein, or take
eround for the use or improvement of a
harbor, and it shaH be necessary to take
private property therefor, they shall
cause an accurate survey and plat there
of to be made and filed with the record
er, and they may purchase or take by
donation such grounds as shall be need
ed by agreement with the owners, and
take from them conveyances thereof to
the village for such use or in fee but
otherwise they shall, by resolution, de
clare their purpose to take the same,
and therein describe by metes and bounds
the location of the proposed improve
ments, and the lands proposed to be
taken therefor, defining separately each
parcel and the amount thereof owned by
each distinct owner, mentioning the
names of owners or occupants, so far
as known, and therein fix a day, hour
and place, when and where they will
apply to a justice of the peace, resident
in such village, for a jury to condemn
and appraise the same They shall there
upon cause to be made by the recorder,
a notice of the adoption of such resolu
tion embracing a copy thereof and no
ticing all parties interested, that the
council will, at the time and place named,
apply to the justice named for the ap
pointment of a jury to condemn and ap
praise such land A copy of such notice
shall be served by any constable on the
owner of each such parcel of land to be
taken, if known and resident within the
county, such service to be made in the
manner prescribed for serving a summons
In justice court, and the return of the of
ficer shall be conclusive evidence of the
fact stated therein If the notice cannot
be so given as to all the parcels, then
the same shall be also published once in
each week for three (3) successive weeks
in a newspaper published in such village
or county, and the affidavit of the printer
or foreman of such newspaper shall be
conclusive evidence of such publication.
Such notice shall be served, and such
publication made for three (3) weeks,
complete at least one (1) week before the
time fixed therein for such application If
any person so served with notice shall be
a minor, or of unsound mind, the jus
tice, before proceeding, shall, on the day
fixed for hearing such application, ap
point for him a guardian for the pur
pose of such proceeding, who shall give
security to the satisfaction of the magis
trate, and act for such ward.
Sec 2 That section twenty-seven (27)
of said chapter one hundred and forty
fhe (145) of the General Laws of 1885.-
the same being section 1244 of the Gen
eral Statutes of 1894, be and the same Is
amended so as to read as follows.
Section 27. If the verdict of the jury first
called find It necessary to take such land
or any part thereof, the village board
may, upon return thereof to the recorder,
enact an ordinance In accordance there-
such pumps, water mains, reservoirs, en
gine houses or other waterworks, or for
laying opt, changing, widening or extend
ing and opening any such street, lane, al
ley, public ground, square or other public
place, or constructing and opening, altering,
enlarging or extending any such drains,
canals or sewers, or altering, widening
or straightening any such water course,
or for the use or improvement of a har
bor, but shall not enter upon any such
land therefor until the owner be paid in
full or the damages be set apart for him
in the hands of the treasurer, and an or
der therefor lawfully executed to him be
deposited with the clerk to permanently
remain subject to his order. A any
time before causing any such land to be
actually taken or put to public use, and
before the rendition of a judgment in the
district court for damages, the village
board may discontinue all proceedings
theretofore taken, and the village shall in
such event be liable for the costs only.
All the costs of every such proceedings
shall be paid by the village, except when
it recovers costs in the district court.
Sec. 3 This act shall take effect and be
in force from and after its passage.
Approved March 4, 1903
CHAPTER 29- S. F. NO 83.
A N ACT to amend section one (1) of
chapter one hundred and ninety-six
(196) of the General Laws of the year
one thousand eight hundred and ninety
three (1893), entitled "An act to pro
vide for waterworks and lights in all
villages in the state operating under
special or general laws of this state,"
being section twelve hundred and twen
ty-five (1225), General Statutes of one
thousand, eight hundred and ninety
four (1894).
Be it enacted by the legislature of the
State of Minnesota:
Section 1 That section one (1) of chap
ter one hundred and ninety-six (196) of
the laws of the year one thousand, eight
hundred and ninety-three (1893), being
section twelve hundred, twenty-five (1225)
General Statutes of one thousand eight
hundred and ninety-four (1894), be and
the same is hereby amended so as to
read as follows:
Section 1 That all villages now or here
after organized under the special or gen
eral laws of this state shall have power
to make, erect, establish, purchase,
lease and control waterworks for the
supply of water for public and private
use in said village, also purchase, lease,
build, establish and control all necessary
buildings, machinery, apparatus and ma
terial for making, generating and sup
plying light for public and private use in
said villages. Provided, that in all pro
ceedings under this act the question of
establishing such waterworks or such
light plants, or the purchase or leasing of
the same, shall first be submitted to a
vote of the people of such village in the
same manner as shall be provided by law
for the issuing of municipal bonds for
lawful public improvements and provid
ed, further, that the question of estab
lishing such waterworks and such elec
trict light plants, or the purchasing or
leasing of the same, and the question of
issuing the bonds of such village to raise
money in payment therefor, may be sub
mitted to the electors of such village In
one proposition.
Sec 2. This act shall take effect and be
in force from and after Its passage.
Approved March 4, 1903,
CHAPTER 30S. NO. 178.
AN ACT to amend section one (1) of
chapter one hundred thirty-four (184) of
the General Laws of Minnesota for the
year 1899, as amended by section one
(1) of chapter sixty-seven (67), General
Laws of Minnesota for the year 1908,
relating to salaries of district judges.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section one (1) of chap
ter one hundred thirty-four (134) of the
General Laws of Minnesota for "the year
1899, as amended by section one (1) of
chapter sixty-seven (67) of the General
Laws of Minnesota for the year 1902, be
and the same hereby is amended so as
to read as follows:
Section 1. The Judges of the district
court shall each receive a salary of three
thousand five hundred dollars ($3,500) per
annum
Provided, That when any county shall
have a population of seventy-five thou
sand (75,000) or more, there shall be paid
annually by each said county out of the
county funds to each of the said judges
of the district court of such county the
sum of fifteen hundred dollars ($1,600) in
addition to the said sum of three thou
sand five hundred dollars ($3,500) and all
salaries and compensation of the judges
of the district court of this state shall
be payable monthly subject, however, to
the provisions- of chapter forty-seven (47)
of the General Laws of this state for the
year 190L
Sec 2 This act shall take effect and
be in force from and. after Its passage.
Approved March 4, 1903.
CHAPTER 31S. F. NO. 7.
A N ACT to legalize certain incorporation
of villages under chapter one hundred
forty-five (145) of the General Laws of
one thousand eight hundred and eighty
five (1885), and the several acts amenda
tory thereof, and to legalize any and all
conveyances from and to such incor
porations, and any ordinances, resolu
tions or bv-laws adopted or taxes levied
by such village
Be It enacted by the legislature of the
State of Minnesota.
Section 1 That in all cases where there
has been heretofore an attempted forma
tion and organization of a village under
the provisions of chapter one hundred
and forty-five (145) of the General Laws
of eighteen hundred and eighty-five (1885)
and the several acts amendatory thereof,
and the petition, copy of notice of elec
tion and certificate of Inspectors of elec
tion filed in the office of the register of
deeds of the proper county, and said vil
lage has in fact proceeded to act as an
incorporated village, and transact and
carry on business as such village, In the
corporate name assumed by it, such at
tempted formation and organization of
such village, under the name assumed,
in each and every such case is hereby
legalized and declared a valid and effec
tual formation and organization of such
village, under the name assumed, from
and after the time of the actual filing as
aforesaid of such petition, copy of notice
of election and certificate of Inspectors
of election, notwithstanding the omission
of any matter or thing by law prescribed
to be done or observed In such formation
or organization and notwithstanding any
defect in such petition, notice of election
or certificate of Inspectors of election.
And any and all conveyances of prop
erty, real or personal, in good faith and
lawful form, made to or by any such vil
lage under the corporate name so as
sumed, and any ordinances, resolutions
or by-laws adopted, or taxes levied by
such village, are hereby legalized and de
clared as valid and effectual as if such
village had been originally in all things
duly and legally incorporated.
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 March 4, 1903.
CHAPTER 32S. F. NO. 78.
A N ACT providing for the filing and re
cording In offices of registers of deeds,
or registration In offices of registrars
of titles, of instruments relating to
standing timber, stone, ores, minerals,
or .similar property, in place in or upon
the earth, and making the record for
registration theFeof notice of the con
tents of such instruments after, as well
as before, the severance of such prop
erty ^from the land
Be JjL enacted by the legislature of the
State of Minnesota
Section 1 Any Instrument In writing
heretofore or hereafter executed and de
livered by way of lease, mortgage, con
veyance, or in any other form, which re
lates in whole or in part to, or in any
manner affects, standing timber, or stone,
ores, minerals, or any other similar prop
erty in the State of Minnesota, in place
in or upon the earth, may, if duly wit
nessed and acknowledged in manner re
quired .for conveyances of real property,
be filed
for record, and when so filed,
shall be recorded, in the office of the
register of deeds of the county In which
such timber, stone, ores, minerals or other
property may be situated or, if the title
to the lands upon which such property
may be situated shall have been regis
tered under the provisions of chapter two
hundred thirty-seven (237) of the Laws of
Minnesota of 1901, commonly known as
the Torrens land title act, said Instru
ment may be registered in the county
where said property Is situated, in the
manner in said act prescribed and the
record or registration of every such in
strument heretofore or hereafter filed for
record, or registered, as provided in this
act shaH be fulr and sufficient notice of
the contents thereof, from the day of
such filing or presentation for registra
tion, to any and all persons and parties,
and full and sufficient notice of the rights
of all parties, as shown by such Instru
ment, in and to such property, as well
after the- severance or separation of such
property from the land as before such
severance or separation: Provided, how
ever, that this act shall not affect any
action or other legal proceeding now
pending.
Sec. 2. This act shall take effect and
he in force from and after its passage.
Approved March 6, 1903.
CHAPTER S3S. F. NO, 71,
A N ACT to amend section^one thousand
the General Statutes 1894, relating to
public libraries and reading rooms.
Be it enacted by the legislature of the
State of Minnesota:
Section 1 The section one thousand
four hundred and twenty-five of the
General Statutes 1894, be and the same
is hereby amended by striking out the
words "one mill" where they occur in the
fourth (4th) line of said section, and in
serting in lieu thereof the words "two
mills
Sec. 2. This act shall take -effect and
be in force from and after its passage.
Approved March 6, 1903.
CHAPTER 34H NO 82
A N ACT to authorize and empower the
city council and common council or
cities of this state of over 50,000 in
habitants to issue and sell municipal
bonds and to use the proceeds thereof
for defraying the cost of making cer
tain local Improvements in intersections
of streets and in front of property ex
empt by law from special assessments.
Be ft enacted by the legislature of the
State of Minnesota:
Section 1. The city council or common
council of each and every city in this
state now or hereafter having over 60,000
inhabitants, in addition to all the rights
and powers heretofore granted thereto by
law, is hereby authorized and empowered,
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 one hundred and fifty thousands dol
lars ($150,000). 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 interest at a
rate not to exceed three and one-half (3%)
per cent per annum, payable semi-an
nually and to have interest coupons at
tached, 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 bidders
therefor and upon the best terms that
can be obtained for said bonds. Provided,
that no such bonds shall be sold for a
less amount than the par value thereof
and accrued interest thereon and, pro
vided further, that said bonds shall not
be issued until the issuance thereof is
authorized by a resolution or ordinance
duly passed by a five-sixths vote of ail
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 the expiration
of six months from the date of its
passage. ._
Sec 2 Nothing herein contained shall
authorize the Issue at any time of the
bonds of any such city to such an amount
that the whole amount of the principal
of the bonds actually issued by such city
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 constitute
a part of the sinking fund of such city
for the payment of bonds, shall exceed 10
per cent of the assessed valuation of the
non-exempt taxable property of such city
as shown by the last preceding assess
ment.
Sec. 3. All bonds Issued under authority
of this act shall be sealed by the seal of
the city issuing them and signed by the
mayor and attested by the clerk or
recorder and countersigned by the city
controller, if such officer exists in such
city. The proceeds of any and all bonds
issued and sold under authority of this
act shall be placed in the city treasury
of the city issuing the same and shall
constitute a special fund and shall be kept
distinct from all other funds of the city
and shall be used only for the purposes
of paying for the cost of paving, re
paving or macadamizing in street inter
sections, and the cost of constructing curb
and gutter in street intersections, and
also the cost of laying or relaying of
sewer pipes in the intersections of streets,
and the cost of paving, repaving or
macadamizing in front of property ex
empt by law from special assessments,
and the cost of constructing curb and
gutter in front of property exempt by
law from special assessments, and also
the cost of laying, relaying or extending
sewer pipes in front of property exempt
by law from special assessments, and
also for the increased cost of sewers
which are larger than two feet in dia
meter and the proceeds of said bonds or
any thereof shall not be used for any
other purpose than those hereinbefore spe-
CSeo.' 4. This act shall take effect and
be in force from and after its passage.
Approved March 0, 1903.
CHAPTER 35-H. F. NO 207
AN, ACT to amend section thirty-one (81)
of chapter three hundred and nine (809)
of the Laws of 1901, relating to the
appropriation for building a bridge
across Root river, in the township of
Mound Prairie, Houston county, Min
nesota.
Be it enacted by the legislature of the
State of Minnesota.
Section 1 That section 81 of chapter
309 of the laws of 1901 be amended to
read as follows
That the sum of five hundred dollars
($500) is hereby appropriated out of any
moneys in the state treasury belonging
to the internal improvement fund, or out
of the first moneys which shall come into
the state treasury belonging to said
fund, not otherwise appropriated to aid
in repairing or rebuilding, as the case
may be, a bridge over Root river, in the
township of Mound Prairie, Houston
county, Minnesota, at a point In section
thirty-one (31), township one hundred
and four (104), range five (5), Houston
county, Minnesota
That said sum shall be expended un
der the direction of the supervisors of
Mound Prairie township, and when said
work is completed said supervisors shall
certify the fact to the state auditor, who
shall draw his warrant upon the state
treasurer, for said amount in favor of
said town
Sec 2 This act shall take effect and
be in force from and after its passage
Approved March 6, 1903
CHAPTER 86-H NO 112
A N ACT to authorize the Issuing of
bonds by organized towns for the pur
pose of building roads, bridges and
town halls
Be it enacted by the legislature of the
State of Minnesota*
Section 1 Every organized town In this
state is hereby authorized to issue bonds
for the purpose of raising money for the
purpose of building roads, bridges and
town halls within such organized town
by conforming to the provisions of this
Sec, 2 Whenever the town supervisors
of any organized town in this state shall
determine, by resolution duly passed and
recorded, to raise the amount of money
stated in such resolution for the purpose
of building roads, bridges and town halls
in said town, said resolution to describe
definitely where such roads, bridges or
town halls are proposed to be built or
when a petition addressed to the town
supervisors of any organized town, and
signed by at least ten (10) of the voters
and freeholders residing in such town,
setting forth in such petition that it is
the desire of such petitioners that such
town shall build certain roads, bridges
or town halls within the said town, the
location of said proposed roads, bridges
or town halls being definitely described
in said petition, the cost whereof shall
not exceed the amount named in said
petition, it shall be the duty of such
town supervisors to cause the proposition
expressed in such resolution or petition
to be submitted to the electors of such
town at the next following annual town
meeting to be held therein or at such
special election as the said town super
visors shall by resolution designate. No
tices of such election shall be posted in
at least five (5) public places within the
said town not less than ten (10) days be
fore such annual or special town meet
ing is held, said notices to state definite
ly the purpose and amount of the pro
posed bonds
Sec 3 There shall be provided by the
town in case of such election a suitable
box, in which ballots cast at such elec
tion for or against such proposition,
shall be deposited The ballots used at
said election on said bonding proposition
shall have printed thereon: For Road,
Bridges or Town Hall Bonds Yes
For Road, Bridges or Town Hall Bonds
No. And each elector voting on
said proposition shall place a cross
mark, thus (X), in a space to be left op
posite, either the word "Yes" or the
word "No." The said election shall be
conducted and the votes cast thereat
shall be canvassed and counted, and the
result certified in like manner as in the
case of an election for town officers
Sec 4 If a majority of the votes cast
at such election be in favor of such
proposition, the said town supervisors
may issue and negotiate bonds of such
town to the amount stated in the election
notice, such bonds shall not be nego
tiated or sold for less than their par
value.
Provided, that no town shall be author
ised to issue or sell its bonds to an
amount so that the aggregate bonded in
debtedness thereof shall at any one time
exceed fifteen (15) per cent of the as
sessed valuation of the taxable property
of such town as indicated by the last
preceding assessment of such property
Such bonds shall be due and payable
within twenty (20) years from date of
issue of such bonds, and that the said
bonds shall not bear more than six (6)
per cent interest per annum.
GENERAL LAWS OF MINNESOTA PASSED AT THE LEGISLATIVE SESSION OF 1903.
authorised to issue its bonds as herein
before provided, the town supervisors
shall give notice by publication for three
(8) consecutive weeks In the official
newspaper of the county In which said
town is situated and by a similar pub
lication for the same length of time in a
weekly or daily newspaper printed at the
capital of the state, all of which said
newspapers shall be designated therefor
by a resolution of such town supervisors,
duly made and recorded that the said
supervisors will receive bids for the sale
of said bonds at the tune and place to be
named in such notice.
Sec 0. At the time and place named
in such notice, the Said town super-*
visors shall open and consider said bids,
and may thereupon sell said bonds to the
person, company or corporation offering
the most advantageous terms for the in
terest of such town provided, that the
said town supervisors may reject any
and all bids offered for the purchase of
such bonds, if they deem it necessary
for the best interest of the town so to do.
Sec 7 The money realized upon the
sale of such bonds shall be placed in the
town treasury, and devoted as far as
may oe necessary to the purpose named
in the aforementioned resolution or peti
tion, and the residue thereof, after the
cost and expense of building such road,
bridge or town hall shall have been paid,
and discharged, shall be paid into the
road and bridge fund of such town,
Sec. 8 Said board of supervisors and
their successors are hereby authorized,
on or before the first day of October next
after the date on said bonds, and in each
and every year thereafter, on or before
the first day of October until the pay
ment of said bonds, and Interests, is
fully provided for, to levy, and in due
form certify to the auditor of the county
in which such town is situated a tax
upon the taxable property of said town
equal to the amount of principal and in
terest maturing next after such levy,
and in the discretion of said board of Su
pervisors such further sum as it shall
deem expedient, not exceeding fifteen (16)
per cent of such maturing bonds and in
terests, which taxes shall be payable In
money and shall constitute a fund for
the payment of said ponds or Interest
thereon.
Sec 9 AH acts and parts of acts In
consistent with this act are hereby re
pealed
Sec 10 This act shall take effect and
be in force from and after its passage.
Approved March 6, 1603.
CHAPTER 37H. F. NO. 148.
A N ACT entitled an act providing for
the election of a vice chairman of boards
of county commissioners and defining
the powers and duties of such vice chair
man
Be it enacted by the legislature of the
State of Minnesota
Section 1 The commissioners of each
county of this state at their first regular
session after the passage of this act, and
hereafter at their annual session in Jan
uary, or at their first session in each
year, shall elect one of their number as
vice chairman, who in case of the ab
sence, illness or incapacity of the chair
man, shall perform all the duties which
the chairman of the board of county com
missioners Is now or may hereafter be
authorized or required by law to do or
perform
Sec 2 This law shall be in force and
effect from and after its passage.
Approved March 6, 1903.
CHAPTER 38H. F. NO. 148.
A N ACT to amend section 8678 of the
General Statutes of 1894, as amended by
chapter 15 of the General Laws of 1899,
relating to school meetings in common
school districts
Be it enacted by the legislature of the
State of Minnesota:
Section 1 That section 3678 of the Gen
eral Statutes of 1894, as amended by
chapter 15 of the General Laws of 1899.
be and the same is hereby amended so as
to read as follows
Section 8678 The officers of each com
mon school district shall be a director, a
treasurer and a clerk, who shall together
constitute the board of trustees, and hold,
their offices for the term of three years,
or until their successors are elected and
qualified. They shall be elected by bal
lot, one each year, at the annual meeting
which shall be held on the third Saturday
in July of each year, at seven o'clock p.
unless a different hour shall have been
fixed at the preceding annual meeting,
and the polls shall remain open for one
hour The term of office of each trustee
so elected shall commence on the first day
of August following his election provided,
that in each school district which con
tains ten or more townships the trustees
shall hereafter, commencing with the gen
eral election to be held in 1904, be elected
biennially at the-genferal election two
trustees at every-isueh- election the term
of office of one ft* corn/menee TMI the first
day of August in the year following his
election, and that of the other on the
first day of August in the second year
following his election, the time of the
commencement of the term of each to be
indicated on the ballot Whenever trus
tees are elected at the annual school
meeting, the clerk shall forthwith notify
them of their election, and when elected
at the general election, the auditor of the
county in which suoh district is situated
shall give them seasonable notice.
Whenever a new district is formed, ft
meeting for organization may be called
upon the written application of three or
more freeholders and legal voters resid
ing within the limits thereof, by ten days'
posted notice, stating the object of such
meeting Such meeting so called shall
have the same powers as an annual meet
ing, except that the board of trustees
then elected shall hold office only until
the next annual meeting At the first
annual meeting after organisation a di
rector shall be elected for one year, a
treasurer for two years and a clerk for
three years, provided, that if any annual
meeting is not held, or for any reason a
trustee is not elected, the incumbent shall
hold over until the next annual meeting,
when his successor shall be elected for the
unexpired term.
Sec 2 This act shall take effect and
be in force from and after its passage,
Approved March 6, 1908.
CHAPTER 39H F. NO 83.
A N ACT to amend section 49 of chapter
309 of the General Laws of 1901, as
amended by chapter 76 of the General
Laws of the extra session of 1902, relat
ing to the appropriation of money out
of the internal improvement fund, to
aid in building a bridge In Murray coun
ty
Be it enacted by the legislature of the
State of Minnesota-
Section 1 That section forty-nine (49),
of chapter three hundred nine (309). of
the General Laws of 1901, as amended
by chapter seventy-six (76), of the Gen
eral Laws of the extra session of 1902,
be and the same is hereby amended so as
to read as follows:
Section 49. That the sum of four hun
dred (400) dollars is hereby appropriated
out of any moneys In said fund to aid
in building a bridge across the Des Moines
river where the section line between sec
tions twenty-seven (27) and thirty-four
(34), in town one hundred six (106), range
thirty-nine (39), in Murray County, crosses
the same
That the work shall be done under the
supervision of the town supervisors of
the town of Des Moines River, Murray
county, Minnesota.
Sec 2 This act shall take effect and
oe in force from and after its passage.
Approved March 7. 1903.
CHAPTER 40H F. NO. 139
A N ACT entitled "An act empowering
boards of education in Incorporated
cities having over fifty thousand (60,000)
Inhabitants, and constituting special or
independent school districts, to provide
for the conveyance of pupils at public
expense in certain cases.""
Be it enacted by the legislature of tho
State of Minnesota:
Section 1. The board of education In
any incorporated city having over fifty
thousand (50.000) inhabitants and consti
tuting a special or independent school dis
trict may, when in their opinion the same
will be for the best interest of the pupils
in any such city, provide for the convey
ance of pupils living at a distance of
more than one mile from any school
house wherein a graded school shall be
held, to and from such schoolhouse at
public expense.
Sec. 2. This act shall take effect and be
in force from and after its passage.
Approved March 7, 1903.
CHAPTER 41H NO. 98.
A N ACT to legalize certain corpora
tions, and to validate transfers of prop
erty made to and by such corporations.
it enacted by the legislature of the
State of Minnesota:
Section X. That in all cases where an
attempt has heretofore been made to
form and organise a corporation under
any of the statutes of this state, and
the -persons so attempting to form and
organize suoh corporation have actually
adopted, signed and filed in the office of
the register of deeds of the proper coun
and of the secretary of State, articles
of incorporation in which the business
specified as such as might be lawfully
carried on by such corporation under the
laws of this state, and have in fact is
sued stock and transacted business under
the corporate name therein assumed,
such attempted organization in every suoh
case is hereby legalized and made valid
and effectual under the corporate name so
assumed, notwithstanding the omission
of any matter, thing or requirement by
law prescribed to be done or observed in
the formation of-such^rporatin ~ftaH
and lawful form, made to or*y such body
under such corporate name, are hereby
legalized and made as valid and effect
ual for the purposes intended as if such
body corporate had been in all things
duly and legally incorporated at the
time of making the same provided, that
this act shall not apply to any action
now pending, involving the validity of
the organization of such corporation.
Sec. 2. This act shall take effect and oe
in force from and after its passage.
Approved March 7, 1903.
CHAPTER 42-H F. NO 243
A N ACT to govern the sale of gasoline,
benzine and kerosene in certain quan
tities and prescribe penalties for violas
tion thereof.
Be it enacted by the legislature of the
State of Minnesota.
Section 1. Any manufacturer, vendor
or dealer who shall sell, cause to be sold,
fill or cause to be filled for the purpose
of sale or other use, any can or other
container with gasoline or benzine, in
quantities of more than one pint and less
than six gallons, without such can or
other container being of bright red color
and plainly tagged, labeled or branded in
large plain letters, with the name of the
contents, or any manufacturer, vendor,
or dealer who shall sell or cause to be
sold, fill or cause to be filled for the pur
pose of sale or other use with kerosene
or other illuminating oils, in quantities
of more than one pint and less than six
gallons, any can or other container, when
said can or other container is not of a red
color, shall be deemed guilty of a misde
meanor, and, upon conviction, shall be
subject to fine of not more than one hun
dred dollars.
Sec. 2 This act shall take effect and
be In force from and after July 1, 1903.
Approved March 7, 1903.
CHAPTER 43-H. F. NO. 91.
A N ACT providing for the election of
town school superintendents in certain
cases, defining their duties, and method
of compensation
it enacted by the legislature of the
State of Minnesota*
Section 3. That the legal voters of
every organized town in this state, which
forms part of a common school district,
containing twenty or more townships, at
its annual town meeting in each year, in
addition to the business now provided by
law to be trarsactod at such meetings,
shall elect one resident legal voter of
such town, who shall be known and des
ignated as town school superintendent.
The duties of such superintendent shall
be to advise the board of trustees of the
school district of which such town forms
a part, in all matters pertaining to th*1
pchools in said town, such as the loca
tion of schoolhouses, the employment of
teachers, the furnishing of school sup
plies, and the erection and repair of
schoolhouses He shall look after truants,
\lsit the schools, and from time to time
make report to the board of trustees as
to the condition of schools and school
buildings in bis town, witn suggestions
as to their improvement, and whenever
duly authorized in writing by said board
cf trustees, or any member thereof, he
may make \alid contracts for the fur
nishing of wood and other necessary
school supplies, and for ordinary repairs
on the schoolhouses in his town.
Sec 2. That such town school superin
tendent shall receive as compensation for
services so performed by him such sun.,
if any, as may be determined by vote of
the town at any annual meeting thereof,
to be paid out of the town funds.
Sec. 3. This act shall take effect and be
In force from and after its passage.
Approved March 7, 1903.
CHAPTER 44H F. NO. 250.
A N ACT to amend section five thousand
six hundred and thirty-eight (5638) of
the General Statutes of eighteen hun
dred and ninety-four (1894), relating to
oaths and acknowledgments.
It enaeted by the legislaUire of the
State of Mh-nesota:
Section 1. That section five thousand
Six hundred and -hirty-eight (5638) of the
General Statutes of oignteen hundred an/1
ninety-four (1894), be and the same is
hereby an.ended so as to read as, follows:
Section 5638. The clerks of the circuit and
district courts of the United States fo*
the district of Minnesota, and United
States commissioners, duly appointed by
the district court of the United States for
the district of Minnesota, shall have the
same authority to administer oaths, and
to take the acknowleagment of instru
ments, which notaries public now have,
or hereafter may have, under the laws of
this state.
Sec. 2 This act shall take effect and be
In force from and after its passage.
Approved March 7, 1903
CHAPTER 45-H. F. NO. 827.
A N ACT to amend seitlon fifty-four (64)
of chapter thiee hundred and nine (809)
of the General Laws of 1901, relating to
appropriations lor building bridges,
constructing roads or draining lands In
certain counties of this state.
Be it eracted by the legislature of the
State of Minnesota.
Section 1. That section fifty-four (54)
of chapter three hundred and nine (309)
of the General Laws fot 1901, be amend
ed so as to read as follows*
Section 54 That the sum of two hundred
(200) dollars Is hereby appropriated out
of said fund, to aid in ihe building of a
bridge act oss the Otter Tall river, in the
town of Perham, Otter Tail county, Min
nesota, at a point wherp the principal
toad running east from the village of
Perham towards the village of N ew York
Mills, across said river, in section twenty
four (24), township one hundred thirty
six (136), range thirty-nine (39),
That the work shall be done under the
supervision of the town supervisors of
the said town of Perham.
That the sum of one hundred dollars
($100) Is hereby appropriated out of said
fund to aid in building approaches to a
bridge crossing the Pelican river, in sec
tion four (4), of the town of Earhard's
Grove, county of Otter Tail. That the
work shall be done under the supervision
of the town supervisors of said town.
That the sum of two hundred (200) dol
lars is hereby appropriated out of said
fund to aid in building a bridge across
the outlet of Prairie Lake on the state
road on lot four (4), section fourteen (14),
township one hundred thirty-six (136),
range forty-three (48), being In the town
ship of Pelican That the work shall be
done under the supervision of the board
of supervisors of said town.
That the sum of two hundred (200) dol
lars is hereby appropriated out of said
fund to aid in the construction of a
bridge and build approaches or abut
ments thereto across ^Lake Lida near
Stoney Bar road, and grading said road in
sections thirty-two (32), and thirty-three
(S3), township one hundred and thirty
six (136), range forty-two (42), being in
the town of Lida, in Otter Tail county,
Minnesota. That the said appropriation
shall be expended under the direction of
the board of supervisors of said town of
Lida.
Sec 2. This act shall take effect and be
in force from and after its passage.
Approved March 7, 1903.
ST
HAPTER 40H F. NO. 554.
prescribing the time of holding
the general terms of the district court
in the county of Benton in the Seventh
judicial district of the State of Min
nesota.
Be it enacted by the legislature of the
State of Minnesota:
Section 1 That the general terms of
the district court in and for the county
of Benton, in the Seventh Judicial dis
trict, in said State of Minnesota, shall be
held upon the fourth Monday of April
and upon the first Monday of December
In each year, providing that no grand or
petit Jury shall be summoned for the
April term of the year 1904, or for any
April term thereafter unless ordered by
the court, as provided by law
Sec. 2. The adjourned term of the dis
trict court appointed to be held on March
16. 1908, in said county, Is hereby ad
journed to the fourth Monday of April
Sec. 8. All acts and parts of acts In
consistent herewith are hereby repealed.
Sec. 4. This act shall take effect and
be in force from and after its passage.
Approved March 6, 1903.
CHAPTER* 47-S NO S
A N ACT to prevent the destruction of
grasses, grains and other crops by
grasshoppers.
it enacted by the legislature of the
State of Minnesota:
Section 1. Every tract or parcel of land
in this state so infested in any year with
the eggs of grasshoppers as to be so emi
nently dangerous to grasses, grains or
other crops growing or to grow in or
upon lands situate in the vicinity of the
tract or parcel so Infested as to threaten
the destruction of a great part of any
of such grasses, grains or other crops,
shall from and after the date when It he
comes the duty of the owner or lessee
thereof to plow the same as provided in
this act, and so long as the same re
mains unplowed and so Infested, be
deemed a public nuisance.
Sec. 2. The board of county commis
sioners in any county in this state is
hereby authorized at any regular or spe
cial session thereof to hear and consider
complaints relative to any tract or par
cel of land claimed to be infested with
the eggs of grasshoppers* and to fully in
vestigate the facts in any suen case.
The certificate of the state entomologist
to the effect that he has made examina
tion of any such infested tract or par-,
ceLOT any portion thereof, described toy
2m, and that to bit opinion, wen jtrr~*
scribed, Is or is not so infested with
the eggs of grasshoppers as to be great
ly dangerous to grasses, gr-alns or other
crops growing or to grow on lands situ
ate in the vicinity of the tract or parcel
so infested as to threaten the destruc
tion of a great part or any thereof, shall
be prima facie evidence of the facts there
in stated at any such hearing of said
board, or in any civil action authorized
by, or arising from anything done pur
suant to, this act The person com
plaining shall cause notice to be served
upon the owner of such tract, or his
lessee, at least ten days prior to the
day of such hearing, describing therein
the tract complained of, the nature of
the complaint, and the session of the
board when application will be made for
such hearing, naming the first day of
such session, whereupon the bearing may
be had on said day or upon such future
day as the board shall then appoint
therefor. Such notice may be served in the
manner as provided in section 8 of this
act for the service of a copy of the
order therein authorized.
Sec 3. If the board of county com
missioners shall, after the hearing and
Investigation authorized by the preceding
section, be of the opinion that any tract
or parcel of land or any portion thereof
Is so infested with the eggs of grass
hoppers to the extent contemplated by
section one (1) of this act, it shall make
and file its order to that effect, directing
therein that the owner or lessee of such
tract or parcel plow the same within
the time therein stated, and cause a copy
of such order to be served upon such
owner, or his agent, or lessee, within such
time as the board shall direct, not less
than twenty days from tne date of said
order. Such copy shall be served upon
such owner or lessee, If he be a resident
of the county, in the same manner that
a summons is served in a civil action
find if such owner or lessee resides In
another county, service thereof may be
made upon the agent of such owner, or
lessee, if any, residing In the county
and if the owner is not a resident of this
state, or his residence Is unknown, and
he has no known agent or lessee In the
county, then service may be made py
publication for two consecutive weeks in
a legal newspaper printed at the county
seat ef Buch county, the last of which
publications shall be made not less than
ten days prior to the date when the
plowhig of any such tract or parcel Is re
quired to be commenced.
The order of the said board author
ized by this section may be in substan
tially the following form:
Whereas, at a meeting of the board of
county commissioners of county,
held on the day of 19,
the said board did duly hear and Investi
gate relative to a complaint that the
tracts or parcels of land hereinafter de
scribed are so infested with the eggs of
grasshoppers as to be greatly dangerous
to grasses, grains or other crops growing
or to grow on the lands situate In the
vicinity of such tracts, as to threaten the
destruction of a great part of such grass
es, grains or other crops, and, whereas,
the said board is of the opinion that suoh
danger exists, the said tracts being de
scribed as follows.
(Here insert description)
It is hereby ordered and directed that
the owner (or his lessee) of said tract or
parcel of land shall, not later than the
day of 19, begin, and with
reasonable dispatch continue, the plowing
of said tract or parcel and all thereof,
and complete such plowing prior to the
day of 19,
(Or if all the lands complained of are
not infested, then describe the portions
thereof found to be so infested and re
quired to be plowed).
The county auditor is hereby required
to cause a copy of this order to be
served upon the owner of the lands here
by required to be plowed, or his agent
(or lessee), the manner required by
law for the service thereof.
Chairman Board of County Commis
sioners.
Attest: Dated
County.
State of Minnesota.
County Auditor.
Sec. 4 If the owner, or his lessee, of
any tract or parcel of land described In
any order made pursuant to section 3
of this act, upon whom service of a copy
of such order has been duly made, shall
fail or neglect to substantially comply
therewith, he shall be deemed to main
tain a public nuisance within the mean
ing of this act, and to consent that the
said tract or parcel of land may be
plowed by the county and the board of
county commissioners, when informed of
such failure or neglect, shall cause the
land found by it to be so Infested to be
plowed, under the direction of the chair
man of said board: and the expenses In
curred by reason of such plowing shall he
paid out of the county treasury upon the
warrant of the county auditor, In favor
of the person entitled to the same.
Sec. 6. Whenever any tract of land
shall have been plowed by the county,
pursuant to the provisions of this act,
and the plowing thereof, shall be of value
to the owner, or his lessee thereof, in
the raising of any crops thereon during
the season immediately following such
plowing, such owner, or lessee, shall be
liable to the county to the value of such
plowing. Whenever the board of county
commissioners is of the opinion that any
feuch liability has arisen by reason of
such plowing, It shall determine the sum
for which such owner lessee is so lia
ble, and direct the county auditor to de
mand the Immediate payment thereof
Into the county treasury and If the same
is not paid upon such demand it is here
by made the duty of the county attorney
to bring a civil action in the name of
such board against the party so in de
fault, for the recovery of the same and
interest thereon from the date of such
demand, provided that the amount so
determined by the board of county com
missioners shall be prima facie evldenoe
of the value of such plowing.
Sec 6 For the purposes of this act
the entomologist employed by the regents
of the University of Minnesota, at the
state experiment station, located at the
capitol of the state, shall be deemed the
state entomologist
Sec 7 This act shall take effect and
be in force from and after its passage.
Approved March 10, 1903.
CHAPTER 48S F. NO 122.
A N ACT to amend chapter twelve (12) of
title fifteen (15) of the penal code of the
State of Minnesota, as amended by
chapter three hundred and twenty
seven (327) of the General Laws of the
State of Minnesota for the year 1897 re
lating to the willful or malicious injury
to real or personal property
it enacted by the legislature of the
State of Minnesota:
Section 1, That chapter twelve (12) of
title fifteen (15) of the penal code of the
State of Minnesota, as amended by chap
ter three hundred and twenty-seven (827)
of the General Laws of the State of Min
nesota for the year 1897, be, and the same
is, amended so as to read as follows.
Section 1 Chapter twelve (12) of title
fifteen (15) of the penal code of the State
of Minnesota is hereby amended by add
ing thereto the following sections, to
wn:
Section 491 A A person who shall wil
fully or maliciously destroy, injure, dis
connect, displace, cut, break, deface,
ground or in any way Interfere with any
pole, cable or wire legally ereoted, put
up or strung, or any underground con
duit, subway or cable, or any electrical
or other apparatus, lamps, transformer,
switch, appliance, instrument or ma
chinery of any kind used In the construc
tion of or in the operation of any electric
or telephone plant, line or system, or used
in the producing, generating or transmit
ting of electric light, heat or power, or
who shall aid, agree with, employ or con
spire with any other person or persons to
do any of the aforementioned acts, shall
be deemed guilty of a misdemeanor, and
upon conviction thereof shall be punished
by a fine not exceeding one hundred dol
lars, or by imprisonment in the county
jail not exceeding ninety days.
Section 491 B, Whoever shall wilfully
or maliciously make any connection with
any meter, pipe, conduit, wire, line or
other apparatus belonging to any person
or company using or engaged in the
manufacture, supply, sale pr distribution
of electricity or of electric current for
the purpose of taking, using or wasting
such electricity or electric current, or
shall wilfully or maliciously prevent an
electric meter from duly measuring or
registering the quantity of electricity sup
plied, or shall in any way interfere with
Its proper action or just registration, or
shall, without the consent of such per
son or company, wilfully or maliciously
divert any electrical current or power of
such person or company, or in anywise
wilfully or maliciously use or cause to be
used without the consent of such person
or company any electricity manufactured
or distributed by such person or com
pany or shall aid, agree with, employ
or conspire with any other person or per
sons to do any of the aforementioned
acts, ehall be deemed guilty of a mis
demeanor, and shall for every offense be
punished by a fine not exceeding one
hundred dollars, or by imprisonment In
the county Jail not exceeding ninety
Sec. 2. All acts and parts of acts in
consistent with the provisions of this act
"sec^l^TWB^t^shall take effect n
be in force from and after its passage.
Approved March 10,180J.
2HLAPTBB 40r-S. F. VO. 4,
*_______ 1
and twenty-nine (229) of the General
Laws of eighteen hundred and ninety
five (1895) the same being an act es
tablishing municipal courts in incor
f)orated cities having a population of
ess than five thousand (5,000 inhabi
tants.
Be It enacted by the legislature of theti
State of Minnesota:
Section 1 That section thirty-seven of
chapter two hundred and twenty-nine
(229) of the General Laws of eighteen
hundred and-mnetv-five (1895) be, and
the same is, amended so as to read as
follows:
Section 37. In all examinations of per
sons charged with crime under the laws
of this state, and in all trials of criminal
cases under such laws, when the defend
ant is acquitted and when he is con
victed and does not pay his fine and the
costs accruing therein after the final
determination of said cause, the clerk
shall make out an itemized bill of the
costs accruing in said case, or such ex
amination, in said municipal court, cer
tified to under his hand and the seal of
said court, and file such bill with the
auditor of the county in which said city
is situated, who shall upon such presenta
tion draw his warrant upon the treasurer
of such county for the amount of the bill
so presented, in favor of the judge of
said court, and the treasurer shall forth
with pay the same, and it shall be the
duty of the judge of Bald court to dis
burse the costs so accruing In each crimi
nal cause or examination to the persons
entitled thereto if at any time after the
conviction or examination of such de
fendant he shall pay the fine and costs
accruing therein to said municipal court,
it shall be the duty of the judge of said
court to forthwith pay the same to the
county treasurer taking his receipt there
for in duplicate and file one with the
auditor of said county.
In all trials of criminal cases under the
ordinances, by-laws and regulations of
said city, when the defendant is ac
quitted and when he is convicted and does
not pay his fine and the costs accruing
therein, after the final determination of
said cause, the clerk shall make out an
Itemized bill of the costs accruing in said
case, in said municipal court, certified
to under his hand and the seal of said
court, and file such bill with the recorder
or clerk of said city, who shall, upon
presentation, draw his order upon the
treasurer of said city for the amount of
the bill so presented in favor of the Judge
of said court, and the treasurer of said
city shall forthwith pay the same, and
It shall be the duty of the judge of said
court to disburse the costs so accruing
In each criminal cause to the persons
entitled thereto If, at any time after
the conviction of such defendant he shall
pay the fine and costs accruing therein to
said municipal court, it shall be the
duty of the judge of said court to forth
with pay the same to the treasurer of
said city, taking his receipt therefor in
duplicate and file one with the recorder
or clerk of each city.
Sec. 2 This act shall take effect and
be in force from and after" its passage.
Approved March 11, 1903.
CHAPTER 50S. F. No 281.
A N ACT to authorize cities having a
population of ten thousand inhabitants
or less to purchase, or otherwise ac
quire, extend and Inmrove water works,
and. to issue bonds for such purpose
Be it enacted by the legislature of the
State of Minnesota
Section 1, In addition to the rights and
powers heretofore granted by law to the
several cities of the state of Minnesota,
which rights and powers shall not be
abridged or affected by this act, there is
hereby granted to all cities that are or
may be hereafter organized within the
State of Minnesota, having a popula
tion of ten thousand inhabitants, or less,
according to the last officially promul
gated state or United States census, and
Which having owned a system of water
works and sold or disposed of the same,
and having by contract or otherwise re
served the right to repurchase the same,
the right and power to issue bonds for
the purpose of purchasing or otherwise
acquiring the same and extending and im
proving such water works, and such cities
are hereby authorized and empowered
to purchase, subject to the approval of
the legal voters of such city, as is herein
after provided, any such water works
system and plant and extend and Improve
the same.
The words "purohasing" and "acquir
ing" herein shall be deemed and taken
to Include the acquiring of any such
works or plants by contraot with the
owner or owners thereof or pursuant to
any right reserved in any conti act with
the owner or owners thereof or pursuant
to or by virtue of the exercise' of the right
of eminent domain In any condemnation
proceedings had or taken for the purpose
of acquiring any such works or plants
Provided,, that this act shall not relate
to any oity whose contract of repurchase
Includes the right to repurchase gas or
electric plants
Sec. 2. The bonds of any city issued
pursuant to the terms of this act may be
issued from time to time by a vote of the
electors of such city, as hereinafter pro
vided, but the total amount of such
bonds outstanding shall not at any time
exceed in the aggregate the sum of one
hundred and fifty thousand dollars
($150,000), except as hereinafter provided
Sec. 3 All bonds authorized by this act
shall run not more than thirty years
from the date of the Issuance, bearing
interest at not more than five per cent
(5 per cent) per annum, principal and
interest payable at such time and place
as may be fixed by the common council
of such city, such bonds to be sealed
with the seal of the city Issuing them
and signed by the mayor and attested
by the clerk or recorder and shall be
sold at not less than par value and ac
crued Interest to the highest responsible
bidder, after notice published once in
each weeH for three (3) successive weeks
in a daily paper, If one there be, if not,
then in a weekly paper In the city where
such bonds are to be issued, and also in
a daily paper published in the city of St
Paul, a failure to publish said notice,
however, shall not invalidate said bonds
Sec. 4. Bonds issued under or pursuant
to the provisions of this act shall be so
issued only when authorized by the voters
of such city at a general or special elec
tion called for that purpose in the man
ner hereinafter provided.
Sec 5. In addition to the bonds herein
before authorized to be Issued a further
and additional amount of bonds, not ex
ceeding in the aggregate the sum ol
fifty thousand dollars ($50,000) may
be Issued by any such city for any
and all of the purposes hereinbe
fore provided for, provided the com
mon council of such city shall euthor
Ize such issuance by a majority vote of
all members elect and the question of
suoh issuance shall be submitted to the
voters of such city at a general election
or at a special election called for that
purpose as hereinafter provided and two
thirds of the voters voting at such elec
tion shall vote in favor of such Issuance
and in estimating the number of voters
only male voters shall be considered
Sec. 6 All elections provided for in
this act shall be called and conducted in
the manner prescribed for municipal elec
tions in such cities and the notices of
election shall contain a statement of the
amounts and purposes for which such
bonds are proposed to be Issued with the
date of their maturity and the rate of
interest they shall bear. All elections
provided for in this act may be called
by resolution of the common council, pas*
sed by a majority vote of all members
thereto, which resolution shall distinctly
state the purpose of the election and the
question to be submitted to the vote of
the people. The ballot to bo voted at all
elections under this act may read as fol
lows: "In favor of the proposition of
issuing water works bonds to the ex
tent of "Yes N o"
The voters voting in favor of such propo
sition shall mark a cross (x) opposite the
word "yes" and those against such
proposition shall mark a cross (x) op
posite the word "no" on said ballot in a
space provided for that purpose. If the
required number of votes cast at any such
election shall be In favor of issuing the
kind and amount of bonds designated
in the ballot, the city voting in favor
thereof, through its proper officers with
out further act is authorized to issue
such bonds to the amount voted and to
Issue and sell the same The votes cast
at such election shall be counted, re
turned and canvassed the same as at
other municipal elections and tho result
certified to the clerk or recorder by the
canvassing board. It shall he the duty
of the common council to expend the
moneys derived from the sale of said
bonds in accordance with the directions
of the voters as ehown by said election
None of the proceeds of any of the bonds
issued pursuant to the provisions of this
chapter shall be used, or any part thereof
for any purpose except such as designated
In the resolution and vote of the electors
cast at any election authorizing the is
suance of said bond and an member
the?
common councilrsor of said
wn
a
1 yot fo
orofficery
in any
1 1
tff
manneyfocit
participate In the appropriation or ex
penditure of any of ihe proceeds of any
of such bonds for any other purpose shall
be deemed guilty of misdemeanor and
punished as by law orovided.
Sec. 7r None of the bonds of any suoh
oity, issued pursuant to the terms, and
Siken
revisions of this act, shall be deemed on
to be a part of the indebtedness
of such city within the purview of any
law limiting the amount of the Indebted
ness of any city and the bonds provided
foe in this act may be issued without *e-
gard to the Indebtedness of any suoh city.
Sec, S. This act shall take effect and?
be,In force front and. aftej its passage.
i-

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