OCR Interpretation


The Appeal. (Saint Paul, Minn. ;) 1889-19??, May 02, 1903, Minnesota Law Supplement, Image 8

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such raiiroad company of an issue to re
tire all prior mortgage Indebtedness of
such railroad company or in the bonds
of any railroad company within the
United States, which are guaranteed or
assumed by another railroad company,
within the United States provided that
the railroad company (except a railroad
company whose bonds are guaranteed or
assumed as aforesaid) either issuing,
guaranteeing or assuming any of said
bonds has not within five years prior to
the time of making such investment by
said bank failed in the payment of a
dividend, upon its entire capital stock
outstanding, of not less than four (4) per
cent per annum each fiscal year during
paid five year period and has not within
five years prior to the time of making
such investment by said bank, defaulted
in the payment of any part of the prin
cipal or interest of any debt incurred by
it and secured by mortgage or trust deed
Cipon its railroad, or any part thereor,
-yr in the payment of any part of the
principal or interest of any bonds guar
anteed or assumed by it and provided
further, that no savings bank shall ever
loan upon, or invest in railroad bonds to
exceed in the aggregate twenty (20) per
cent of its deposit nor shall such savings
bank ever loan upon or invest in the
bonds issued or guaranteed or assumed
by any one railroad company, to exceed
in the aggregate five (5) per. cent of its
deposits. ,_,
Sec. 3. That section fifteen (lo) of the
above entitled act be, and the same is
hereby amended to read as follows:
Section 15. The board of trustees shall on
or before the first day of February in
each year make a report in writing to
ihe public examiner a nd in such form as
he shall prescribe, of its condition on
the morning of the first day of January
Dr6C6(3incr.
Sec. 4. This act shall take effect and
be in force from and after its passage.
Approved March 19, 1903,
CHAPTER 72-H. F. NO. 146.
AN ACT providing for the deposit of
wills during the life of the makers IF
the office of the judge of probate of
the county of the residence of the
maker, and for the keeping and disno
State of Minnesota:
sition of the same.
Be it enacted by the legislature of the
Section 1. Any will in writing, being
inclosed in a sealed wrapper, and having
indorsed thereon the name of the testa
tor and his place of residence, and the
day when, and the person by whom it is
delivered, may be deposited by the per
son making the same, or by any person
for him. with the judge of probate in
the countv where the testator lives, and
the judge of probate shall receive and
safely keep such will and give a certifi
cate of the deposit thereof.
Sec. 2. Such will shall during the life
time of the testator be delivered only to
himself, or to some person authorized by
him bv an order in writing, said order to
be dulv acknowledged and witnessed by
at least two subscribing witnesses: and
after the death of the testator, and at
the first probate court session, after no
tice thereof, it shall be publicly opened
by the judge of probate, and be retained
by him.
Sec. 3. The judge of probate shall give
notice of such will being in his posses
sion to the executor therein appointed,
if there be one, otherwise to the persons
interested In the provisions of the will:
or if the jurisdiction of the case belongs
to any other court, such will shall be de
livered to the executor named in said
will, or to some other trusty person in
terested in the provisions of the same,
to be presented to such other court.
Sec. 4. The provisions of this act with
regard to the care, custody and disposi
tion of wills deposited in accordance with
the provisions thereof with judges of
probate shall apply to all wills hereto
fore deposited in the office of judges of
probate in this state.
Sec. 5. This act shall take effect and
be in force from and after its passage.
Approved March 19. 1003.
CHAPTER 73-H. F. NO. 138.
AN ACT entitled "An act empowering
board of education in incorporated
cities having over fifty thousand (50,-
000) inhabitants and constituting spe
cial or independent school districts to
make rules and regulations for the
government and management of
schools and for the employment and
examination of teachers therein."
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Boards of education in in
corporated cities having over fifty thou
sand (50,000) inhabitants and constitut
ing special or independent school dis
tricts may employ superintendents and
teachers and may make rules and regu
lations for the government of schools
and for the employment and examination
of teachers and prescribing their powers
nnd duties and prescribing the descrip
tion, grading and classification of schol
ars and their management and the course
of instruction and books to be used and
other matters pertaining to the govern
ment and welfare of schools.
Sec. 2. This act shall not be construed
RS modifying or attempting to modify
anv charter adopted under and pursuant
to "section 36, article IV. of the constitu
tion of the State of Minnesota, as
amended, and chapter 351 of the General
Laws of 1800 and amendments thereto.
Sec. 3. This act shall take effect and
be in force from and after its passage.
Approved March 19, 1903.
CHAPTER 74H. F. NO. 121.
AN ACT authorizing appropriations by
boards of county commissioners in coun
ties now or hereafter having a popula
tion of one hundred and fifty thousand
inhabitants or more, for public imnrove
ments in, or about navigable lakes.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That wherever there exists,
in any organized county in the State of
Minnesota now or hereafter having a
population of one hundred and fifty thou
sand (150.000) inhabitants or more, a nav
igable lake, or lakes, which is. or are.
wholly or for the greater part thereof
within the territory or limits of such
county and which is, or are, not, either
wholly or in part, within the corporate
limits of any city in such county), the
board of county commissioners of said
county is hereby authorized and empow
ered to appropriate, each year, from the
revenue fund of such county, such sums
for public improvements on. in or about
said lake or lakes as. in the opinion of
said board, may be necessary.
Provided. That the total amount of
eaid sum or sums so appropriated during
the years one thousand nine hundred and
three, one thousand nine hundred and
four, one thousand nine hundred and five,
shall not exceed the sum of ten thousand
($10,000) dollars in either of said years,
and that the total amount of said sum
or sums so appropriated shall not ex
ceed the sum of five thousand ($5,000) dol
lars in any year thereafter. Provided,
further, That the question of population
Bhall be determined by the official census
next preceding any appropriation made
under the provision of this act.
Sec. 2. All acts or parts of acts Incon
sistent with this act are hereby repealed.
Sec. 3. This act shall take effect and
be in force from and after its passage.
Approved March 19. 1903.
CHAPTER 75H. F. NO. 110.
'AN ACT to declare certain highways
abandoned and vacated and to provide
for the restoration of the use of the
land to the owner.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That any public road or, oth
er highway or any part thereof in any
county in this state having a population
of two hundred thousand or more, and
not within the limits of any incorporated
city or village, which has been acquired,
or established by common law dedication,
by prescription or by use and occupancy,
under the statute, or in any manner other
than by grant, by deed or by statutory
proceedings of condemnation, or of which
there is no public record, which shall
have been or shall be unused as a route
of public travel and on which no highway
taxes have been or shall be expended
for the period of three years, shall be
deemed and are hereby declared to be
discontinued, abandoned and vacated and
the title and the right, to the use of the
same shall at once revert to the original
owner, his successors or grantees with
out any proceeding to vacate except as
hereinafter provided
Sec. 2. Any person having an interest
In the land traversed by any such unused
road or highway and claiming an aban
donment of the same or any part thereof
shall post at least six (6) notices in con
spicuous places in the town through
which said road passes. Two of which
notices shall be posted, one at each end
of such portion of such claimed aban
doned highway, give thirty days' notice
in writing to the board of supervisors
of the town wherein the same is situ
ated, notifying them of his claim of
abandonment, before inclosing any such
abandoned highway or doing any act
which would render the same unfit for
use as a public highway. Provided, how
ever, that in cases where the same shall
have been inclosed for three years or
more at the date of the passage of this
act, no such notice shall be required.
Such notice shall contain a description of
the highway or portion thereof upon
which abandonment is claimed, which
description may be in general terms with
out technical accuracy, but sufficient for
identification. All inelosures of such
abandoned highways or fences across
same shall be so constructed as to be
conspicuous and safe.
Bee. 3. If any such board of super-
visors, after having received' the notice
provided for in the preceding section,
shall determine that any such highway
or part thereof described in such notice
has not been abandoned as a public high
way as provided in section one of this
act, they shall, within thirty days from
the date of the service of such notice
upon them, so notify the person claiming
the abandonment in writing and such per
son claiming such abandonment shall
not inclose or in any manner interfere
with such highway till the question of
abandonment shall have been lawfully
determined: and if such board of super
visors fail to serve the notice as provided
in this section, they shall be deemed to
have waived all right to question the
abandonment of such highway or portion
thereof.
Sec. 4. Any justice of the peace or
any court of record in any such county
shall have power to hear and determine
all questions of abandonment which shall
arise under this act, with the usual right
to the interested parties to appeal.
Provided, however, that nothing herein
contained shall be construed to apply to
any litigation now pending which in
volves the legality or validity of any
such highways.
Sec. 5. All acts or parts of acts in
consistent herewith are hereby repealed.
Sec. 6. This act shall take effect and
be in force from and after its passage.
Approved March 19, 1903.
CHAPTER 70H. F. NO. 107.
AN ACT to appropriate money for bet
terments and repairs at the Minnesota
State Training school at Red Wing.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The sum of $5,000 is hereby
appropriated out of any moneys in the
treasury, not otherwise appropriated, or
so much thereof as may be necessary, to
be used for repairs and betterments at
the Minnesota State Training School for
Boys and Girls, Red Wing, Minn.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved March 19. 1903.
CHAPTER 77H. NO. 00.
AN ACT legalizing official certificates of
sale and the record thereof, heretofore
made under mortgage powers, execu
tions, judgments, orders and decrees,
and prescribing the force and effect of
such certificates and records.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That in all cases where real
property has heretofore been sold under
a power of sale in the usual form con
tained in a duly executed and recorded
mortgage or under a duly rendered judg
ment, order or decree or a court of com
petent jurisdiction or upon a valid ex
ecution, and an official certificate of such
sale has been made, acknowledged and
delivered by the proper officer to the pur
chaser, and such certificate has been
duly filed for record and actually record
ed, after the expiration of twenty days
from the date of such sale or certificate,
in the office of the register of deeds for
the county within which said real prop
erty was situated, then and in every
such case such official certificate, as well
as such record thereof, is hereby legal
ized and made valid, and shall be ef
fectual to all intents and purposes as
of and from the date when such certifi
cate was so filed for record, except as
against any person who has purchased
said real property or some part thereof
from the former owner thereof In good
faith and for a valuable consideration
more than twenty days after such official
sale, and without notice thereof, and be
fore such certificate was so filed for rec
ord and every such certificate and such
record thereof shall be prima facie evi
dence that all requirements of law In
that behalf were duly complied with, and
of the validity of such sale.
Sec. 2. That in all cases where real
property has, prior to the 31st day of
July, A. D. 1866, been duly sold under a
power of sale in the usual form, con
tained in a duly executed and recorded
mortgage, or under a duly rendered
judgment, order or decree of a court of
competent jurisdiction or upon a valid
execution, and an official certificate of
such sale has been made, acknowledged
and delivered by the proper officer to the
purchaser, and such certificate has been
filed for record and recorded in the office
of the register of deeds for the county
within which said real property was
then situated, but no affidavits of the
publication, posting and service of the
notice of sale or affidavit of the officer
making the sale have been made as re
quired by law, or filed for record, then
and in every such case such certificate
so filed shall be prima facie evidence
that the notice of sale was published,
posted and served, and that the sale was
in all respects made, as required by law.
Sec. 3. Nothing herein contained shall
affect any action or proceeding now
pending.
Sec. 4. This act shall take effect and
bo in force from and after its passage.
Approved March 19, 1908.
CHAPTER 78H. F. NO. 21.
AN ACT to legalize In certain cases the
transfer of cemetery property.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That in any case where a
cemetery corporation organized under the
laws of this state has heretofore sold and
transferred its cemetery property located
in this state to another cemetery cor
poration organized under the laws of this
state, such sale and transfer is hereby
legalized and declared valid and effectual,
and such grantee shall have the right to
control, manage and dispose of same in
accordance with the laws of this state
relating to cemeteries provided, that the
provisions of this act shall not apply to
any action or proceeding now pending in
any of the courts of this state.
Sec. 2. That this act shall take effect
and be in force from and after its pas
sage.
Approved March 19, 1903.
CHAPTER 79H. F. NO. 559.
AN ACT to enable incorporated cities and
villages to vote aid In certain cases.
B'e it enacted by the legislature of the
State of Minnesota:
Section 1. Any incorporated city or vil
lage in this state containing a population
of less than two thousand, and situated
on a railroad line parallel with and not
exceeding five miles from any other line
of railway, in this state, is hereby au
thorized and empowered in the manner
herein provided to aid in the construction
of a switch or branch railroad to connect
said city or village with such parallel line
by the most direct and practicable route,
said branch to be constructed by any rail
road company for public use by authority
of any law of the state. But no bond
shall be issued by any city or village un
der the provisions of this act to an
amount exceeding, together with its then
existing indebtedness for that purpose
5 per centum upon the value of the taxa
ble property therein, the amount of such
taxable property to be ascertained and
determined by the last assessment of said
property made for the purpose of state
and county taxation previous to the In
curring of such indebtedness.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved March 19, 1903.
CHAPTER 80H. F. NO. 13.
AN ACT to create an additional judge
for the Fourteenth judicial district of
the State of Minnesota.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. There shall be elected In the
Fourteenth judicial 'district two judges
of the district court of such district,
either one of whom shall have and exer
cise the powers of the court as now pre
scribed by law relative to the present
judge of said court, except as otherwise
provided by this act and all laws now
in force, whether general or special, as
to the qualification, election, canvass of
votes, oaths and term of office, and com
mencement of such term, compensation,
jurisdiction, duties, authority and powers
of the present judge of said district court
shall apply to each of the judges of said
court, and their successors shall be elect
ed and vacancies in their offices filled
as now provided in relation to the said
judge of said court. Provided, however,
that the present judge of said court Bhall
be the judge of said court for the unex
pired term for which he was elected and
qualified, and until his successor is elect
ed and qualified.
Sec. 2.The said judges may act in
joint session for the trial or determina
tion of. any matter before the court, in
cluding the trial of jury cases and when
so acting, the judge senior in office, or if
neither be senior in office, the judge
senior in age shall preside If there is a
division of opinion, the opinion of the
presiding judge shall prevail. Process
may be tested in the name of either of
said judges.
Sec. 3. The business of said court may
be divided between said judges and other
wise regulated as they may direct by
rule or otherwise, and each of the said
judges may separately try court or jury
cases, during the same term and at the
same time.
Sec. 4. Upon the passage and approval
of this act the governor of this state
shall appoint an additional judge for
said district -court, who shall enter on
the discharge of his duties as such judge
on the first day of April, 1903, and who
shall hold until the next general election,
and until his successor is elected and
qualified.
Sec. 5. This act shall take effect from
its passage.
Approved March 24, 1903.
CHAPTER 81H. F. NO 67.
AN ACT to create the office and to pre
scribe the duties of an additional judge
for the Fifteenth judicial district.
Be it enacted by the legislature of tne
State of Minnesota:
Section 1. That there shall be elected in
the Fifteenth Judicial district of said
state two judges of the district court of
such district, each of whom shall have
and exercise the powers of the said court
as now prescribed by law relative to the
present judge of said court, except as
otherwise provided by this act and an
laws now in force, whether general or
special, as to the qualification, election,
canvass of votes, oath and term of office,
and commencement of such term, compen
sation, jurisdiction, duties, authority and
powers of the present judge of said district
court, shall apply to each of the judges
of said court, and their successors shall
be elected, and vacancies in their offices
filled as now provided in relation to the
present judge of said court provided,
however, that the present judge of said
court shall be judge thereof for the un
expired term for which he was elected
and qualified, and until his successor is
elected and qualified.
Sec. 2. The said, judges may act in joint
session for the trial or determination of
any matter before the court, including
the trial of jury cases and when so act
ing, the judge senior in office, or, if nei
ther be senior in office, the senior in age,
shall preside and if there is a division
of opinion, the opinion of the presiding
judge shall prevail. Process may be at
tested in the name of either of said
judges.
Sec. 3. The business of said court may
be divided between said judges, and other
wise regulated as they may prescribe by
rule or otherwise, and each of said judges
may separately try court or jury cases
during the same term or at the same time.
Sec. 4. That immediately upon the
passage and approval of this act the
governor of said state shall appoint a
competent person as additional judge for
said district, who shall immediately
thereafter qualify and enter upon the du
ties of said office, and who shall hold the
said office until the next general election,
and until his successor* is elected ana
Sec. 5. This act shall take effect ana be
in force from and after its passage.
Approved March 24, 1903.
CHAPTER S2-H. F. NO 96.
AN ACT to legalize mortgage fore
closures by advertisement upon real es
tate in certain cases. *lfl.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. All mortgage foreclosures up
on real estate situated in this state in
counties where the mortgaged premises
have been set off into a new county sub
sequent to the recording of the mortgage,
and where the notice of foreclosure here
tofore made by advertisement omits to
recite the book and page of the record of
such mortgage in the new county, but
does recite the book and page of the
record of such mortgage in the nty
where the land was situated at the time
such mortgage was recorded, and the
statutory period for Mdem^onfwm
from which mortgage sale has expired
shall be sufficient for all purposes as
based thereon shall not be affected by
reason thereof. nn on
Sec. 2. This act shall not affect nor ap
nlv to any action now pending.
Sec 3 This act shall take effect and
be in force from and after its passage.
Approved March 25, 1V0S.
CHAPTER 83-H. NO. 196.
AN ACT to authorize and empower the
citv council of cities in this state ot
ovTr fixty thousand inhabitants to issue
and sell municipal bonds and to use
the proceeds thereof for the Purpose of
providing armories for the national
guard and defining the powers of city
councils in relation thereto
Be it enacted by the legislature of the
State of Minnesota:
Section 1. For the purpose of providing
armories for one or more organizations
of the national guard, whenever the city
counPil of any city in this state having
over fifty thousand inhabitants shall deem
it expedient to purchase or erect an ar
morv, it shall have the power and is here
by authorized to issue city bonds for the
cost of such building and site, in an
amount not exceeding one hundred and
iffy thousand dollars, notwithstanding
any charter or other limitation on the
bonded indebtedness of such city, pr on
the powers of the city council relation
thereto. Such bonds shall be of such
denominations and payable at such places
and at such times not to exceed thirty
years from date thereof, as it may de
termine, the interest thereon not to ex
ceed four per cent per annum, with in
terest coupons attached payable aemi
annually. Provided, that in aid of the
purchase or erection of such armory,
nnv citv may receive and accept grants
or donations of a site or other property,
and fulfill the conditions therein im
posed when not inconsistent with the
proper use of such armory by the national
guard. "Provided, that no bonds shall
be issued under the provisions of this
act by any city which heretofore has
issxied bonds to provide for the purchase
of such site and the construction of such
armory pursuant to the provisions of
chapter thirty-three General Laws of
the State of Minnesota for the year 1902.
Sec 2 This act shall take effect ana
be in force from and after its passage.
Approved March 25, 1903.
CHAPTER 84H. F. NO. 325.
AN ACT authorizing the transfer of rec
ords from one county to another in cer-
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The board of county com
missioners of any county in this state
from which another county has been
heretofore or may be hereafter set off
and divided may authorize the register
of deeds to deliver to the register of
deeds of the county so set off the original
plats of record of lands platted previous
to such division and embraced in the ter
ritory comprising eaid new county or
certified copies thereof.
Sec 2. The register of deeds of any
county from which another county has
been heretofore or may be hereafter set
off shall, when authorized by the board
of county commissioners, deliver to the
register of deeds of the county so set
off the original plats of record of lands
flatted in the territory embraced in said
new countv. or certified copits thereof.
Sec. 3. This act shall take effect and
be in force from and after its passage.
Approved March 25, 1903.
CHAPTER 85H. F. NO. 318.
AN ACT authorizing the expenditure of
highway labor, poll tax, road tax, road
or bridge money, upon cartways in
counties having a population of two
hundred thousand (200,000) inhabitants
or over.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That in all counties within
the State of Minnesota having a popula
tion of two hundred thousand (200,000) in
habitants or over, the town supervisors,
in their respective towns, may, at their
discretion in all cases, expend upon any
cartway duly and legally established, or
hereafter to be laid out and established
by proper authority, any highway labor,
poll tax, road tax. road or bridge money,
the same as upon any highway in said
town, as required by law pertaining
thereto.
Sec. 2. All acts or parts of acts incon
sistent herewith are hereby repealed.
Sec 3. This act shall take effect and
be in force from and after its passage.
Approved March 25, 1903.
CHAPTER 86H. F. NO. 335.
AN ACT to prohibit the consolidation of
the capital, stock, lines, property, fran
chises, control, or the power of control,
of parallel and competing lines of rail
road.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. The consolidation of the
capital stock, lines, property, franchises,
control, or the power of control, of two
or more parallel and competing lines of
railroad in the hands of any corporation,
trustee, agent or representative of any
corporation, wheresoever situated, is
hereby prohibited and made unlawful.
Sec. 2. This act shall take effect and
be in force from and after is passage.
Approved March 25, 1903.
CHAPTER 87H. F. NO 214.
AN ACT to amend sections 6029 and 6033
of the 1894 General Statutes of the
State of Minnesota, relating to the fore
closure of mortgages.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That subdivision "third" of
section 6029 of the General Statutes of
the State of Minnesota for 1894 be
amended to read as follows:
"Third. That the mortgage containing
such power of sale has been duly record
ed, and if it has been assigned, that all
of the assignments thereof have been
recorded provided, that where the mort
gage is upon land registered according
to the provisions of chapter 237 of the
General Laws of the State of Minnesota
for the year 1901, it shall be sufficient if
such mortgage, and all assignments
thereof, shall have been filed with the
register of titles provided for in said
act, for the county where such land is
situated, and memorials thereof entered
'i'S"Jp&,/ -J^f*.
w'pm *s ^^^SWS8SSraBB5WS
GENERAL LAWS OF MINNESOTA PASSED AT THE LEGISLATIVE SESSION OF 1903.
upon the owner's duplicate certificate of
title."
Sec. 2. That the paragraph marked
"second" in section 6033 of the General
Statutes of the State of Minnesota for
1894, be amended to read as follows:
Second. The date of the mortgage,
and when and where recorded, except in
cases where the mortgage is upon lands
registered according to the provisions of
chapter 237 of the General Laws of the
State of Minnesota for the year 1901. and
is filed in the office of the register of
titles and in that case it shall state the
date of the mortgage, when and where
filed and the fact that the land described
in the mortgage is duly registered pur
suant to the said chapter 237."
Sec. 3. This act shall take effect and
be in force from and after its passage.
Approved March 25, 1903.
CHAPTER 88-S. F. NO 290.
AN ACT to legalize the levy for.road and
bridge purposes in any county of Min
nesota for the year 1902 and prior years.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That the tax levy for road
and bridge purposes as fixed by the com
missioners of any county in the State or
Minnesota for the year 1902 and prior
years is hereby declared to be valid ana
of full force and effect.
Sec. 2. This act shall take effect and be
in force from and after its passage.
Approved March 25, 1903.
CHAPTER 89S. F. NO. 238.
AN ACT to amend the fourth subdivision
of section 3071 of the General Statutes
of 1894 relating to the incorporation or
Young Men's Christian associations.
Be It enacted by the legislature of the
State of Minnesota:
Section 1. That the fourth division of
section 3071 of the General Statutes of
1894, be and is hereby amended so as to
read as follows, to wit: "FourthThe
number of its directors, not less than five
nor more than thirty, who shall have
the management and government of the
affairs of said corporation how and when
the same shall be elected and the time
and place of holding the annual meeting
of the members."
Sec 2. This act shall take effect and
be in force from and after its passage.
Approved March 25, 190,3.
CHAPTER 90S. F. NO. 22.
AN ACT to amend section thirty-six (36)
of chapter four (4) of General Laws
eighteen hundred ninety-three (1893)
entitled "An act to regulate erections.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section thirty-six (36)
of chapter four (4), General Laws of eigh
teen hundred ninety-three (1893) be
amended so as to read as follows:
Section 36. No certificate of nomination
shall contain the name of more than one
candidate.
Pe
ii
No person shall join by certificate signed
by electors In nominating more than one
nominee for the same office unless more
than one person is to be elected thereto,
in which event he may sign as many cer
tificates as there are officers to be elected.
And no person who has voted at any pri
mary election shall be eligible to sign any
nominating certificate of any candidate
for nomination for the same election for
which said primary election was held.
Sec. 2. AH acts and parts of acts In
consistent with this act are hereby re-
Sec.' 3. This act shall take effect and
be in force from and after its passage.
Approved March 26, 1903.
CHAPTER 91-S. F. NO. 109.
AN A.CT to legalize certain corpora
tions organized under chapter 18b ot
the General Laws of 1885, and amend
ments thereto, and making their cer
tificates of incorpoation legal evidence.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That where any company
or association organized under chapter
186 of the General Laws of 188o, and
amendments thereto has complied with
section three of said chapter and filed
its articles of incorporation for record
in the office of the secretary of state, but
has failed to file the same for record
in the office of the Insurant OTminis
sioner as required by chapter 104 of the
General Laws of 1893, and whose articles
of incorporation are.now lost, such com
pany or association-shall be deemed as
having complied with the aw, and its
incorporation is herehy legalized and the
same declared a body corporate the same
as though said articles had .been filed
with the insurance .commissioner, ^ac-
cordance with.the-provisions of chapter
104 of the latfes. of"1893, and any certifi
cate of 4rcor^|ati n.isaue,d .to any such
c^any or^sf&i|tton W^*$%
of state, as provided by'chapter 186, of
the General Laws of 1885, shall be held
to haVe the same effect as legaevidence
and be treated in all ways the same
as though the same had been issued by
the insurance commissioner, as provided
t.y chapter 104 of the General Laws of
1893
Sec. 2. This act shall not extend nor
apply to any action or proceeding now
pending in any court of this state.
Sec 3 This act shall take effect
be in'force from and after its passage.
Approved March 26, 1903.
CHAPTER 92H. F. NO. 41.
AN ACT to amend section thirty-six: (36)
of chapter one hundred seventy-five
(175) of the General Laws_ of: one thou
sand eight hundred ninety-five
(19o)
as amended by chapter two hundred
fifty-eight (258) of General Laws
of-
oney
thousand'eighthe hundred ninety
seven (1897), as amended by chapter
one hundred'ninety-eight (198) of'the
Oeneral Laws of one thousand eight
hundred ninlty-nine (1899), authorizing
the organization of mutual creamery fire
insurance companies and mutual retail
hardware fire insurance companies.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That section thirty-six 36
of chapter one hundred seventy-five (175)
of the general laws of one thousand eight
hundred ninety-five, as amended by chap
ter two hundred fifty-eight (258) of.the
e-pneral laws of one thousand eight hun
dred ninety-seven (1897), as amended by
chapter one hundred ninety-eight (198) of
the general laws of one thousand eight
hundred ninety-nine, be amended so as to
read as follows!
"Sec. 36. No policy shall be issued by a
nurely mutual fire insurance company here
after organized until not less than seven
hundred and fifty thousand (750,000) dol
lars of insurance, in not less than three
hundred (300) separate risks upon Proper
ty located in Minnesota, has been sub
scribed for and entered on its books. Pro
vided, that mutual fire insurance, com
panies hereafter organized for the pur
pose of writing fire insurance .upon
creamery and cheese factory buildings
and their contents and equipments ex
clusively, may and are ^e^, author
ized to issue policies when not less than
fifty thousand (50,000) dollars in not less
than twenty-five (25) separate risks upon
creamery and cheese factory buildings or
their contents and equipments located
in the State of Minnesota, has been sub
scribed for and entered on any such com
pany's books. Such company shall be
designated as "mutual creamery fire in-
JuraSce companies," and shall issue no
nolicv except upon buildings used for
creamery and cheese factory Purposes
and their contents and equipments. No
officer or other person whose duty it is
to determine the character of the risk, and
upon whose decision the application shall
be accepted or rejected by a mutual fire
insurance company, shall receive as any
part of his compensation a commission
upon the premiums, but his compensation
shall be a fixed salary and such share of
the net profits as the directors may de
termine. Nor shall such officer or person
aforesaid be an employe of any officer
or agent of the company. The provisions
of section thirty-six (36) do not apply to
township mutual fire insurance compa
nies And provided further, that mutual
fire insurance companies hereafter or
ganized for the purpose of writing nre
fnsurlnce upon tj stock in trade tools
and fixtures of retail hardware dealers, or
uoon the store buildings containing the
same, or upon dwelling houses and con
tents when such building or dwelling
house and contents is owned ando occupied
by the owner of such stock, tools and fix
tures, or upon both such stock, tools, fix
tures buildings and dwelling house and
contents, may and are hereby authorised
to issue policies when not less than five
hundred thousand (500.000) dollars of in
surance, or not less than two hundred
(200) separate risks upon such property,
located in the State of Minnesota has
been subscribed for and entered upon
such company's books. Such companies
shall be designated as "mutual retail
hardware fire insurance companies, and
shall issue no policy ^except upon the
stock in trade, tools and fixtures, or upon
the building containing the same, or upon
the dwelling house and contents when the
building or dwelling house^s owned and
occupied by the owner of such stock,
tools, fixtures, or upon both such stock,
tools, fixtures, buildings and dwelling
house and contents. And provided fur
ther, that mutual fire insurance compa
nies hereafter organized for the purpose
of writing fire insurance upon printing
material, machinery and stock in trade of
newspaper publishers and printers, or
upon buildings containing the same, or
upon dwelling houses and contents, when
such building or dwelling house and con
tents is owned and occupied by the own
er of such printing material, machinery
and stock in trade, or upon both such
^^^^^^^^^Mm^'^&^^^mi.
printing material, machinery, stock in
trade, building, and dwelling house and
contents, may and are hereby authorized
to issue policies when not less than two
hundred thousand (200,000) dollars of in
surance in not less than two hundred
(200) separate risks upon such property
located in the State of Minnesota has
been subscribed for and entered upon
such company's books. Such companies
shall be designated as "mutual publish
ers' fire insurance companies," and shall
issue no policy except upon the printing
material, machinery and stock in trade,
or upon the building containing the same,
or upon the dwelling house and contents,
when the building or dwelling house is
owned and occupied by the owner of such
printing material, machinery, stock in
trade, or upon both such printing mate
rial machinery, stock in trade, building,
and dwelling house and contents.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved March 28, 1903.
CHAPTER 93H. F. NO. 127.
AN ACT to amend chapter 233 of the
General Laws of 1901, entitled "An act
to revise and codify the laws relative to
building, loan and savings associations
doing a general business in the State
of Minnesota."
B'e it enacted by the legislature of the
State of Minnesota:
Section 1. That section two (2) of chap
ter two hundred and thirty-three (233) of
the General Laws of 1901, be amended
so as to read as follows:
Section 2. The name shall not be the
same as, nor too closely resemble, that
in use by any existing corporation, estab
lished under the laws of this state. The
words, "building and loan association" or
"savings and loan association" shall form
a part of the same, and no corporation,
not organized under this act, shall be
entitled to use a name embodying either
of said combinations of words provided,
that associations issuing permanent stock,
and having at least $500,000.00 of perma
nent stock subscribed, and not less than
$200,000.00 thereof paid in, may, by
amendment to their articles of incorpora
tion, adopt any name suitable to their
class of business not prohibited by law.
Sec. 2. That section 4 of said chapter
233 be amended to read as follows:
Section 4. For every loan made on real
estate security, a note or bond, secured
by first mortgage on real estate, shall
be given, which security shall be satis
factory to the directors, and shall be
accompanied by a transfer and pledge of
the shares of the borrowers to the as
sociation. The shares so pledged shall
be held by the corporation as collateral
security for the performance of the con
ditions of said note or bond and mort
gage, provided that the shares, without
other security, may, in the discretion of
the directors, be accepted as security for
the loans for an amount not exceeding
ninety (90) per cent of their withdrawal
value as provided by this act. Any such
associations may, subject to the approval
of the public examiner, provide by con
tract with its borrowers that loans shall
be fully paid at a definite period, upon
receipt of a specified number of pay
ments. Any such association may, sub
ject to the approval of the public ex
aminer, provide for the adoption of the
so-called divided mortgage plan, and any
mortgage taken under such divided mort
gage plan, which includes a senior mort
gage, negotiable by such association for
the borrowers, shall be deemed a first
mortgage within the meaning of this act.
Any such association may receive de
posits, borrow money for any legitimate
object of its incorporation, and invest its
surplus money, not otherwise invested in
mortgage loans, in the following securi
ties, to-wit: (1) In the purchase of real
estate at any tax sale held, in any county
of the state, or in the purchase from the
state of any lands bid in for or by the
state at any tax sale. (2) In bonds of
the United States, or any bonds of this
state or any other state of the United
States. (3) In the bonds, warrants or
interest-bearing obligations of any city,
county, town, village or school district of
the State of Minnesota having legal au
thority to issue the same provided, that
any such city, county, town, or village
has at least two thousand (2,000) inhabit
ants, as determined by the last census of
the United States, or this state, preceding
the issue of the securities offered for sale,
and provided that the bonded indebted
ness of such municipality, including such
securities offered for sale, shall not ex
ceed the limitation of indebtedness pro
vided by law for such municipality. (4)
In notes or bonds, secured by first mort
gages on real estate of a value satisfac
tory to the directors, made by persons
other than members of the association.
Sec. 3. That section 6 of said chapter
233 be amended to read- as follows:
"Every corporation heretofore, or here
after," lnc&rporated under the laws of this
state and governed by this act, having at
least $500,000 of permanent stock sub
scribed, and not less than $200,000 thereof
paid in, shall deposit and keep with the
public examiner, in trust for all its mem
bers and creditors, $200,000 in mortgage
notes or bonds, and the mortgages given
to secure the same, or in other securities
in which such corporations are permitted
to Invest, pursuant to the provisions of
this act."
Sec. 4. This act shall take effect and
be in force from and after its passage.
Approved March 28, 1903.
CHAPTER 04-H. P. NO. 140.
AN ACT to provide for the bonding of
counties to build county jails.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Every organized county in
this state when the last assessed equal
ized value of all property as equalized by
the state board of equalization, is be
tween five million, five hundred thou
sand ($5,500,000) dollars and six million
($6,000,000) dollars, is hereby authorized
to issue its bonds for the purpose of rais
ing money to build and furnish a county
jail therein, by conforming to the pro
visions of this act, whenever the board of
county commissioners 6f such county shall
determine by resolution duly passed and
recorded, to raise a sum of money which
shall be designated, in such resolution,
within the limitations hereinafter pro
vided, for the purpose of electing and
furnishing a county jail at the county
seat of such county provided, that the
bond issue hereby authorized shall in no
case exceed one (1) per cent of the tax
able valuation of the county as shown,
by the last preceding assessment of the
county.
Sec. ,2. The denominations of said
bonds shall be in such amounts, and shall
be payable at such times, not less than
two (2) nor more than ten (10) years
from the date of their issue, as the board
of county commissioners shall determine
by the resolution of said board. The in
terest thereon at not exceeding five per
cent per annum shall be paid annually
at such place as shall be fixed by the
resolution of said board.
Sec. 3. Said bonds shall be signed by
the chairman of the board and counter
signed and sealed by the auditor of the
county, and shall have interest coupons
attached thereto, which coupons shall be
signed by said chairman and counter
signed by the auditor of said county, and
said auditor shall keep a true and cor
rect record of all bonds Issued under the
provisions of this act, giving numbers,
dates and amounts, to whom issued, and
when payable.
Sec. 4. Said board and the proper au
thorities of said county shall, and they
are hereby authorized and required to
levy an annual tax on the taxable prop
erty of said county, over and above and
in addition to all other taxes required by
law to be levied, sufficient to pay the
interest accruing upon said bonds as it
matures, and also to levy an additional
tax sufficient in amount to pay the prin
cipal of said bonds at maturity, which
tax shall be levied and collected in the
same manner as other taxes are levied
and collected
Sec 5. Before any such county shall be
authorized to issue its bonds as herein
provided, the board of county commis
sioners thereof shall give notice by pub
lication for three (3) consecutive weeks,
in at least one (1) weekly or daily news
paper printed and published in said coun
ty, and by a similar publication for the
same length of time in at least one (1)
weekly or daily newspaper printed and
published at the capital of the state,
which said newspapers shall be desig
nated therefor by resolution of such
board of county commissioners that said
board of county commissioners will re
ceive bids for the sale of such bonds at
the time and place to be named in said
Sec." 6. At the time and place named
in such notice, the said board of county
commissioners shall open and consider
the said bids, and may thereupon award
the sale of such bonds to the person,
company or corporation offering to nego
tiate the same upon terms the most ad
vantageous for the interests of such coun
ty and within the limitations of this act
provided, that the said board of county
commissioners may reject any and all
bids offered for the purchase of said
bonds if they deem the welfare of the
county requires it.
Section 7. The moneys realized upon
the sale of such bonds shall be placed
the county treasury and devoted so far as
may be necessary exclusively to the
purpose for which they were issued, and
the residue thereof, after the costs and
expenses incident to the erection of such
jail shall have been duly paid and dis
charged, shall be paid into the county
revenue fund of such county.
Sec. 8. Before any such-jail shall be
built by any such county, the hoard of
county commissioners .snail solicit -de-
tailed plans and specifications therefor
from competent architects." to be sub
mitted to s.uch board of county commis
sioners provided, that no plan* and spec
ifications shall be accepted by said board
of county commissioners which shall ex
ceed the limitations'of cost herein pro
vided, not except upon and after at least
four (4) weeks' notice that such board
will receive and consider such plans and
specifications which notice shall be Po
lished for at least two (2) successive
weeks in at least one (1) dally or weekly
newspaper printed and published in said
county, and one (1) weekly or daily news
peper printed and published at the capi
tal of said state The board may reject
all plans and specifications submitted and
readvertise for plans and specifications.
Sec. 9. The contract for .the erection
and building of such jail, and the build
ing and erection thereof, shall be let to
the lowest responsible bidder, or bidders,
for the whole or any part thereof, and
the board shall require a good and suf
ficient bond from any one with whom a
contract shall be made for the whole or
any part of the work of construction.
Sec. 10. This act shall take effect and
be in force from and after its passage,
and shall cease to be in force after one
year from the date of the passage of this
Approved March 28, 1903.
CHAPTER 95H. F. NO. 149.
AN ACT relating to the levying of taxes
for county purposes, and requiring cer
tain statements and estimates, of the
board of county commissioners prelim
inary to such levy, "and limiting the
power and authority of such board in
the expenditure of money and in the
making of contracts, and defining the
duties of board of county commission
ers, county auditors, and county treas
urers, in relation thereto, and provid
ing a penalty for the violation thereof,
in all counties having one hundred and
fifty thousand (150,000) inhabitants or
more.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. In all counties of this state
at any time having a population of one
i hundred and fifty thousand (150,000) in
habitants, or over, according to the last
then completed state or national cen
sus, it shall be the duty of the board of
county commissioners thereof, when de
ciding upon the total amount of money
necessary to be raised to meet the antici
pated expenses of the county for the
next ensuing year, to make an itemized
statement covering all county expendi
tures for such year, divided into not to
exceed twenty-five general subdivisions
or funds, which amount shall be kept at
the lowest practical limit, and in no case
exceeding any maximum limit prescribed
by law, and specifying, as near as possi
ble, the specific amounts necessary for
each purpose named therein, with ap
propriate titles for the funds indicative
of the purposes for which the money is
to be used. And said board of county
commissioners shall, at the same time,
make an estimate of all revenues the
county will receive for the next ensuing
year exclusive of the revenues derived
from taxation, and shall also estimate
the amount of money, if any, that will
be credited to the "suspense fund at
the end of the current fiscal year, as
provided by section 5 of this act. Such
itemized statement, together with said
two (2) estimates, shall be embodied in
and form a part of the official proceed
ings of said board and the amount final
ly determined upon and allowed to be
raised by taxation, together with the
amount of said two (2) estimates, shall,
when the same has not been apportioned
by law be apportioned by the county
auditor into the several funds in the
proportion and for the specific purposes
designated by the board of county com
missioners in its itemized statement
aforesaid, as the basis for taxation for
the ensuing year. Provided, however,
that for the items for sinking funds,
bonds, interest on bonds, salaries and an
items the charges of which are fixed by
law, the full amount actually required to
meet such items shall be apportioned.
The money so raised by the levying of
taxes and from said estimated amount
of all revenues which the county will re
ceive for the ensuing year and said esti
mated amount in the "suspense fund
when all is apportioned to the several
funds as hereinbefore specifiedshall be
expended for the particular purpose
designated in said itemized statement
and to which it is apportioned as afore
said, and for no purpose in excess of the
specific amount apportioned thereto.
Sec. 2. One of the funds herein pro
vided for may be designated "emergency
fund," but no money shall be expended
from said emergency fund except in
cases of actual emergency, arising from
unforeseen demands upon some other
designated fund, which has become ex
hausted, and then, only upon the unani
mous vote of the. board of county com
missioners, upon which vote, and not be
fore, said board will be authorized to
transfer the amount necessary to meet
such emergency to the fund from which
such payment ought regularly to be
made, and thereupon said authorized
transfer shall at once be made by war
rant upon the county treasurer.
Sec. 3. It shall be the duty of the
county auditor, in each warrant drawn
by him upon the county treasurer, to in
dicate the purpose for which such war
rant is issued and the fund from which
it is paid, which in every instance shall
be the fund upon which such warrant
should be legally drawn, and upon no
other fund, It shall be the duty of the
county commissioners, whenever a con
tract is awarded, to make an appropria
tion for payment of the same out of the
proper fund, by resolution.
As .soon as such appropriation has been
made by the board, the county auditor
shall draw a warrant on the proper fund
and charge the same thereto and deliver
it to the county treasurer, who shall pay
the same at once.
The county auditor shall immediately
indorse the check and return it to the
county treasurer, who shall give him a
receipt therefor specifying the appropria
tion under a suitable name designating
the purpose for which said appropriation
has been made.
The county auditor shall open a special
account with each appropriation by cred
iting the amount to such special account
under the general head of "Approprla-
When any part or all of said appro
priation shall become due and be allowed
by the board of county commissioners, a
commissioner's warrant shall be Issued
for the same as provided by law, and
shall be charged to its specific appropria
tion bv the county auditor. The county
treasurer need not keep the specific ap
propriations account separately, but shall
keep a general appropriations account.
If any balance shall be left in any ap
propriation account after the work is
completed and paid for within the fiscal
year the county auditor shall transfer
the same by elimination back to the fund
out of which it has been appropriated.
If any balance shall be left in any ap
propriation account after the current fis
cal year shall have expired, and the
work shall have been completed and paid
for. the county auditor shall draw his
warrant therefor to the county treas
urer, who shall give his receipt for the
same and credit the amount to the coun
ty revenue fund, as other miscellaneous
receipts are credited. It shall also be
the duty of the county auditor to pre
sent, at each regular meeting of the
board of county commissioners, a state
ment showing the apportionments made
to each fund, as required by section 1 of
this act, for the various county purposes
for the current year, together with the
actual balance, if any, remaining to the
credit of each fund out of said appor
tionment, at the opening of business on
the first day of the month of such reg
ular meeting, and the amounts, if any,
still unpaid on account of contracts, or
on orders for all supplies, work, mate
rials, labor or services already made or
entered into by the board of county
commissioners, so as to show not only
the then present balance, if any, but
also the balance when the appropriations
for the contracts already made and en
tered into and orders given are deducted,
which statement shall be embodied in
and form a part of the minutes of the
official proceedings of said meeting.
Sec. 4. It shall be the duty of the
Countv treasurer, as the disbursing offi
cer of the county, to pay all warrants,
duly and properly issued by the auditor,
upon presentation to him, but only from
the fund from which they are properly
and legally payable, and from no other
fund. In case of payments of money un
der any special contract entered into by
the board of county commissioners, such
payments shall be kept separate, under
the name of the particular contract or
account of which made, but under the
general title of the fund from which
such payment is legally made.
Sec. 5. All moneys received from any
source remaining unappropriated or un
expended and credited to any funds, at
the end of the fiscal year of. any ,such
county, shall be transferred to a special
fund to be designated "suspense .fund.
The amount of such suspense fund shall
be apportioned on the first day of the
sneceeding fiscal year, to the different
funas? in *the samey
manner as the money
raised by the tax levy and the other
revenues of the county. The total
amount so transferred to such suspense
fund, as well as the amount^ previously
estimated under section 1 of-this act to
be in said suspense fund, shail.be in
cluded in the official minutes of the next
regular meeting of the county commis
sioners. Provided, however, that the
amount that may actually be expended
Io? any specific purpose, during any one
fiscal year, shall not in any instance ex-
t$H vVK?""
ceed the amount apportioned for such,
purpose and shall be paid from the prop
er fund mentioned in the itemized state
ment, required by section 1 of this act.
or any amendments thereof that may p.a
required under section 6 of this act.
Sec. 6, It shall be the duty of th}
board of county commissioners to pre
pare and file with the board of tax levy
or corresponding body, if any, in such
counties, at its annual meeting, tha.
itemized statement and also the two (2)
estimates required by section 1 of this
act to be made by said board of county
commissioners, or any amendment
thereof that may be required to be ma,de
by them by said board of tax levy or
corresponding body, if any.
Sec. 7. If. for any reason, the maxi
mum rate of taxation for the various
purposes respectively, for which the
board of county commissioners are au
thorized to levy taxes, mentioned in said
itemized statement,- together with the es
timated amount to be derived from all
revenues of the county for the next en
suing year, exclusive of the "revenues de
rived from taxation, and the amount es
timated to the credit of the 'suspense
fund" at the end of the fiscal year, as
provided for in section 1 of this act, does
not, when all has been properly appor
tioned, provide an amount equal to the
total amount mentioned in said itemized
statement, required to be made by sec
tion 1 of this act, or any amendment
thereof that may have been required by
section 6 of this act, then it shall be the
duty of the county auditor to reduce
proportionately the several fiinds men
tioned in said itemized statement, ex
cept for the items of sinking fund,
bonds, interest on bonds, salaries ana
all other items, the charges for which
are fixed by law, which said fixed items
shall remain at the full amount required
by law, and any reduction which may
be necessary shall be made in the other
items.
Sec. 8. It shall be the duty of the
county auditor in all such counties, at
the first regular meeting of the board
of county commissioners in November of
each year, to have ready for and present
to said board, to be embodied in the of
ficial proceedings thereof, a statement
showing the several amounts included in
the said itemized statement, required by
section 1 of this act, or amendment
thereof, if any, under section 6 of this
act, and in a parallel column the
amounts of the several funds as they
will be when the total tax levy for coun
ty purposes, as finally fixed and deter
mined upon, together with the amount
estimated to be in the "suspense fund
and the estimated amount of all rev
enues of the county for the ensuing year
(exclusive of the revenues derived by
taxation) when all have been properly
apportioned to said funds, as by this act
directed. The amounts so apportioned
to said several funds will show the sum
permitted to be expended for each of the
specific purposes mentioned in said item
ized statement during the next fiscal year
of the county provided, however, that
the amount, so permitted to be expended
for each specific purpose, shall, in no
case, exceed the amount mentioned in
such itemized statement, or any amend
ment thereof, made as aforesaid.
Sec. 9. Any and all contracts entered
into by the board of county commission
ers which may provide for expenditures,
during any one fiscal year, in excess of
the amount apportioned as hereinbefore
specified for the specific purpose, and the
voting of any sum of money for any pur
pose whatsoever, in excess of the amount
so specified for such specific purpose for
any one fiscal year, shall be null and
void. The county commissioners shall
indicate upon the minutes of the pro
ceedings of their meetings and in the of
ficial publication thereof the fund from
which each claim allowed by the board
is to be paid, the amount thereof, to
whom payable, the purpose and account
for which same was incurred, and no
such claim shall be charged to, or paid,
from any fund, except it be the fund to
Which It legally belongs.
Sec. 10. It shall be a misdemeanor for
a county commissioner to contract, vote
or bargain for the expenditure of any
money from any fund, the payment for
which, including the amount already'
contracted, voted or appropriated, shall
exceed in any one fiscal year the amount
specifically apportioned to any such
fund at the beginning of such fiscal year,
as required to be done by the previous
sections of this act.
Sec, 31. All acts and parts of acts,
whether general or special, inconsistent
with this act are hereby repealed.
Sec. 12. This act shall take effect and
be in force from and after its passage.
Approved March 28, 1903.
CHAPTER 96-H. P. NO. 239.
AN ACT relating to changing and vacat
ing roads.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. Whenever any road is
changed by order of the board of county
commissioners of any county, or the
board of supervisors of any town, such
road, as located prior to such change,
shall remain open to public travel for
two (2) years from date of order making
such change provided, that the board of
county commissioners of such county, or
the board of supervisors of such town,
shall have authority to vacate such road
at any time, when, in the opinion of
such board, the road as changed is in a
passable condition, and fit for publio
travel at all times of the year. Provided,
that this act shall not apply to any road
changed prior to the passage of this act.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved March 28, 1903.
CHAPTER 97--H. F. NO. 255.
AN ACT to authorize and empower the"
village council of any incorporated vil
lage in the State of Minnesota to ap
propriate money In assisting in the Im
provement and maintenance of road
and bridges thereon leading into any
such village.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That the village council of
any incorporated village in the State of
Minnesota, is hereby authorized and em
powered to appropriate and expend out of
any funds then on hand in such village
treasury, such reasonable sum, or sums,
of money, as they may think proper for
assisting in the improvement and main
tenance of the roads and bridges there
on leading into and outside of any such
village and within two (2) miles of tho
limits of said village.
Sec. 2. The amount of money to be so
appr&priated and expended shall not ex
ceed the sum of one thousand ($1,000)
dollars in any one (1) year. Provided,
that nothing in thi3 act shall be con
strued as prohibiting or limiting In any
way any village in this state from Is
suing its bonds in such sums and in such
amounts as it may see fit to aid in thp
construction and repair of bridges and
roads within two (2) miles of the limits
of any village.
Sec 3. This act shall take effect and be
in force from and alter its passage.
Approved March 28, 15)03.
CHAPTER 98H. F. NO. 256.
AN ACT to legalize and confirm certain
acts of village councils of villages In
the State of Minnesota, relating to tho
expenditure of money on roads and
bridges thereon outside the limits of and
adjacent to such villages.
Be is enacted by the legislature of the
State of Minnesota:
Section 1. That the action of the vil
lage council of any incorporated village
in the State of Minnesota in heretofore
expending moneys to improve the roads,
and bridges thereon, within two miles
from the limits of and adjacent to any
such village, be. and the same is
in all things hereby legalized and made
Sec. 2. This act shall be in force from
and after its passage.
Approved March 28, 1903.
CHAPTER 99H. F. NO. 433.
AN ACT to amend chapter sixty-six (66)
of the General Laws of the State of
Minnesota for the year one thousand
eight hundred and ninety-nine (1899),
being an act relating to the addition of
territory to all incorporated villages of
one thousand (1,000) inhabitants or over.
Be it enacted by the legislature of the
State of Minnesota:
Section 1. That chapter sixty-six (66)
of the General Laws of the State of
Minnesota for the year one thousand
eight hundred and ninety-nine (1899), re
lating to the addition of territory to all
incorporated villages of one thousand
(1,000) inhabitants or over, be amended so
as to read as follows:
Section 1. Whenever the majority of the
owners of any property which has been
platted into lots and blocks, or out lots,
or the owner of any tract, piece or par
cel of land abutting upon any incorpo
rated village having one thousand inhabi
tants or over, whether such village is in
corporated under the general or special
laws, shall petition the village council to
have such property annexed to the vil
lage, the village council may, by ordin
ance, declare tne same to be an addition
to such village, and thereupon such ter
ritory shall become a part of such vil
lage as effectually as if it had been orig
inally a part thereof.
Sec 2. All acts and parts of acts incon
sistent with this act are hereby repealed.
Sec. 3. This act shall take effect and
be in force from and after its passage.
Approved March 28, 1903.
CHAPTER 100H. F. No. 514.
AN ACT to amend section three thousand'
six hundred and seventy-three (3673)
"of'the General Statutes of the State of
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