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39
AN ACT to amend section two hunched and
twenty five (225) of title thirteen (13") of
chapter eight of the general statutes ot 1866,
relating to clerks of districts courts.
Be it enaoted by the Legislature of the State of
Minnesota:
Section 1. That section two hundred and
twenty-five of title thirteen, chapter eight, of
the general statutes of 1866, be amended by ad
ding theieto the following proviso:
Provided, That tne judge of the district conrt
in any county, on the application of any person
or corporation paying money exceeding one
thousand dollars to said clerk to abide the re
sult of any legal proceedings, may order Baid
money to be deposited in some safe depository
until the further order of said judge or court,
or said judge may require said clerk to give an
additional bond, with like effect as the bond
provided for in this seotion, in an amount as
said judge shall deem-sufficient.
Sec. 2. This aet shall take effect and be in
force from and after its passage.
Approved March 8, 1879.
40
AN ACT to amend section 58 of title VI.,of chap
ter 28, statutes at large of the State of Min
nesota, relating to "bastards and their sup-
port."
Be it enaoted by the Legislature of the State of
Minnesota:
Section 1, That section fifty-eight (58), of ti
tle VI. (6), of chapter twenty-eight (28),statutes
at large of the Slate of Minnesota, be amended
by adding tq said section: "Provided, that the
conrt may, upon the proof offered upon such
application, discharge such prisoner, or make
such proper order respecting any property, real
or personal, the defendant may own or possess,
having reference to the condition of the defend
ant and his family, if a married man, aa the
justice of the case may require in connection
with such discharge.",!
Sec. 2. This act to take effect from and after
its passage.
Approved March 6,1879.
41
AJJ ACT to amend section 153 of chapter 8 of the
general statutes of 1866 relating to Register of
Deeds.
Be it enacted by the Legislature of the State of Min
nesota:
Section 1. Section one hundred and fifty-three
[153] ot chapter eight [8] of the_general statutes of
1868 is heieby amended to read as follows:
Sec. 153. "Every register of deeds before he enters
upon the duties oi his office, shall take and subscribe
the oath prescribed by Jaw, which said oath shall be
endorsed on the certificate of his election orappoint
ment recorded a book kept for the purpose in hi3
office and filed in the oftke of the clerk of the
district court of the county, or, if there is no such
oftice, with the clerk of the district court of the
county to which his county is attached for judicial
purposes and he shall also give a bond, payable to
the State of Minnesota, with good and sufficient sure
ties, the penal sum of five thousand dollars, to be
approved by the board of commissioners ot his
county, conditioned that he will faithfully and im
partiallyfulfill the duties of his office
Sec. 2. This act shall take eflect and be in force
from and after its passage.
Approved February 28, 1879.
RELATING TO RAILROADS.
4
AN ACT to authorize railroad companies or
receivers thereof to determine the validity of
proceedings appromiating land foi railroad
purposes and to make compensation for such
land.
Be it enacted by the Legislature of the State of
Minnesota:
Section 1. Whenever any person entitled to
compensation for lands heretofore taken or at
tempted to be taken for railroad purposes shall
refuse or neglect to receive from the proper
company or the receiver thereof or otherwise
the compensation awarded therefor by commis
sioners acting or assuming to act in that behalf
upon the ground of the irregularity or illegality
of the appointment of the commissioner or of
the award or of any ot the proceedings or oth
erwise, the railroad company interested in the
premisas, or the receiver thereof where no ap
peal from the award has been taken, may bring
an action against such peison for the purpose
of determining the validity of such appoint
ment, award and proceedings, or either, and in
such action the plaintiff may also allege that if
the proceedings are held invalid, the plaintiff
is ready and willing to pay to the defendant
full compensation for the land so taken or
sought to be taken to the extent of the defend
ants interested therein.
Sec. 2. If the defendant in his answer
disputes the validity of such proceedings, or of
such appointment or award, the court shall first
determine such issue and the nature of the de
fendant's title, and if the finding is adverse to
the defendant, judgment stall be entered ac
cordingly. If, however, it shall be determined
that the defendant has an interest in or title
to such property, and that such proceedings are
invalid, ths court shall o find and shall also
determine and find for the defendant the full
value of his interest in the land so taken or at
tempted tn be taken at the time of such find
ing. Provided, however, that on any or all of
the isbues raised, either party Bhall be entitled
to a jury trial, and provided, farther, that the
plaintiff cannot recover costs or disbursements,
and provided, further, that a judgment adverse
to the defendants shall not preclude him from
his rights in any award made by the commis
sioners.
Section 3. Upon a finding or verdict in fsvor
of the defendant, and determining the com
pensation due him for the taking and use of
his land for railroad purposes, judgment shall
be entered in substance as follows: That all the
right, title and interest of the defendant in the
land in controversy be taken and appropriated
for the use of the railroad naming it by the
plaintiff (if the company is plaintiff) or (if the
receiver is plaintiflH by the plaintiff to the
use of and for the benefit of the comoany.
Upon the plaintiff paying to the defendant or
into court for the benefit of the party entitled
thereto, within sixty days from the judgment,
the compensation adjudged with interest, costs
and disbursements, and that upon failure to so
make such payment, the action be dismissed.
The effeot of such payment Bhall be to vest in
the railroad company, if the company i the'
plaintiff, or in the receiver for the company if
the receiver is plaintiff, all the right, title and
interest of the defendant in the lands so taken
to the same use which the company could ac
quire by condemnation under their charter or
the general laws of this State, and the court
may enter an order or final judgment to that
effeot when such payment is made.
Sec. 4. The plaintiff may at his option join
as defendants all parties having any interest in
or hen upon the property or making any claim
thereto, and may also in the same complaint
include two or more tracts of land owned or
claimed by different parties, with the right
however, of the owners of different tracts to
demand separate trials.
Sec 5. The action given by this aot shall in
all respects except as herein otherwise provided,
be governed by the same rules of practice and
procedure as to service of summons, new tri
als, appeals or "otherwise as other actions
brought to determine conflicting claims to real
property under the laws of this State.
Sec. 6. This act shall take effeot and be in
force from and after its passage.
Approved March 11,1879.
43
AN ACT to facilitate the operation and con
struction of the Northern Pacific railroad
Be it enacted by the legislature of the State of
Minnesota:
Section 1. The Northern Pacific railroad
company shall have the right and authority
under and pursuant to the general laws of this
State, as set forth in sections numbered thirteen
fourteen, fifteen, sixteen, seventeen, nineteen,'
twenty, twenty-one, twenty-two, twenty-three'
twenty-five, twenty-six, twenty-seven, twenty!
eight, twenty-nine, thirty and thirty-one of ti
tle one (1) of chapter thirty-four (34), of the
general statutes (revision of 1866), as amended
by ohapter 53 of the general laws of A. D. 1872
and chapter 14 of the general laws of A. D. 183""
to condemn for public use, and to acquire a &
hold all the real estate and property that are or
may be needed by said company for right of
way, depot grounds, engine houses, machine
shops and for all other purposes for which Buch
real estate or property is or may be needed by
said company, in the operation or construction
of any line or lines of railroad, including not
only all lines of railroad that have been or may
be constructed or acqukfcd by said company,
but also all other lines of railroad that now are
or may hereafter be operated, either entirely or
in part by said company under any lease, con
tract or other arrangement between said com
pany and any other party or parties.
Sec. 2. This act is hereby declared to be a
public act, and shall take effect and be in force
trom ana after its passage.
Approved February 14, 1879.
44
AN ACT denning equal rights to railroads of
different gauges.
B3 it enacted by the Legislature of the State of
Minnesota:
Seotion 1. That when the words "railroad"
or "railroads" is used in any general or special
law of this State, the same shall be deemed to
apply alike to all railroads, without reference
to the gauge thereof.
See. 2. This act shall take effect and be in
force from and after its passage.
Approved March 8,1879.
afc.
fi"
45
AN ACT to amend title one of chapter thirty
four of the general statutes relating to coi
porations empowered to take private prop
erty for public use.
Be it enacted by the Legislature of the State of
Minnesota:
Seotion 1. That seotion seventeen of title
one of chapter thirty-four of the general stat
utes as amended by seotion seventeen of ohap
ter fifty-three of the session laws of 1872 be
amended so as to read as follows:
Sec. 17. At the time and place appointed for
hearing said petition, or at the time and place
to which the proceedings may have been ad
journed as provided in the preceding seotion,
upon the presentation of such petition with
satisfactory proof that all parties therein
named have been duly served with the said
notice as hereinafter prescribed, the court shall
proceed to hear and determine the same, all or
any ot the persons whose lands, property,
estates or interests are to be affected by the
proceedings may show cause against granting
the prayer of the petition and may disprove
any of the facts alleged in it, the court shall
hear the proofs and allegations of the parties
and if the court shall be satisfied that the pub
lic interests require the proseoution of such
enterprise, and that the lands or real estate
pioposed to be taken are required and neces
sary for the purposes of such enterprise, it
shall make an order to be recorded in the min
utes thereof appointing three competent, dis
interested persons, resident in said county,
commissioners to ascertain and determine the
amount to be paid by such corporation to each
of such owners or persons interested
as compensation for his or her damages by rea
son of the taking Or injuriously affecting any
such lands, property, estates or interests, and
specifying therein the time and place of the
first meeting of such commissioners and fixing
their compensation. And the court may also
in its discretion, in and by said order, limit the
easement to berequired, by reserving to the land
owner such rights and privileges therein and to
be defined in such order as shall not be incom
patible with the use for-which the'land is
sought to be appropriated, such rights and priv
ileges to be exercised and enjoyed in such man
nei at all times as not to injure or interfere
with the railway track or structures or other
improvement for which the land is to be ap
propriated or the free and legitimate use of the
same for the purpose of such railway or other
enterprise.
Sec. 2. That section nineteen of said title
and chapter as amended by section six of chap
ter fifty-three of the session laws of 1872 be
amended so as to read as follows:
Sec. 19. The said commissioners shall meet
at the time and place appointed in the order
and severally take and subscribe an oath faith
fully and impartially to discharge the duties of
their appointment any of them may issue
subpoenas and administer oaths to witnesses a
majority of them may adjourn tlie proceedings
before them from time to time in their discre
tion they shall view and examine the premises
described in the petition and proposed to be
appropriated, and shall hear the proofs and
allegations of all persons interested, and they
or a majority of them all being present shall,
without any unnecessary delay, proceed to
make in each case a separate assessment of the
damages which will result to any person, com
pany or corporation by reason ot the construc
tion of such railroad or other improvement,
and the taking or injuriously affecting their
said land, property or estate for the purpose of
such enterprise, and award the same to the
owner or owners or persons interested therein
respectively.
Sec. 8. That section twenty-nine of said title
and chapter be amended by adding at the end
theieof the following:
And if any railroad company organized under
this chapter shall elect, in the location of any
part of its railroad to cross, intersect, join or
unite its railroad with any other railroad of an
other company before constructed, at any point
on its route and upon the grounds of such other
railroad company, it shall have the right so to
do, and if the two corporations cannot agree
upon the amount of compensation to be made
therefor, the same shall be ascertained and de
termined by commissioners to be appointed by
the court, as herein provided, for the appropri
ation of the property of individuals and if
the two corporations cannot agree as to the
points and manner of such crossings, the dis
trict conrt to which the petition shall be pre
sented shall, at the time of the appointment of
commissioners, upon the request ot either party
and upon such showing as the court shall deem
nesessary and proper, prescribe the location
and manner in which such crossing or connec
tion shall be made so as to effect the purpose
of the petitioning corporation and at the same
time do the least injury to the corporation
whose property is taken.
Sec. 4. This act shall take effect and be in
force from and af ter'itspassage.
Approved March 11? lo79.
AN ACT to amend chapter 73, of the general
laws of 1878, entitled "An act to grant the
right of way to railroad companies over lands
owned or held by the State" so as to include
depot grounds.
Be it enacted by the Legislature of the State
of Minnesota:
Section 1. That chapter 73, of the general
laws of 1878, entitled, "An act to grant the
right of way to railroad companies over lands
owned or held by the State," be amended so as
to read as follows:
Sec. 1. That a 'right of way and a quantity
of land not exceeding twenty acres for depot
and station grounds and water stations are
hereby granted over and of, and from any
swamp, school, internal improvement or agri
cultural college lands owned by the State to
any railroad company proposing to construct,
or that has so constructed a "railroad over or
upon the same, on the conditions and terms
hereinafter provided.
Sec. 2. Such right of way may be fifty (50)
feet in width on each side of the centre line of
the main tracks, except wnere a greater width
is necessary to protect the track against Bnow
drifts, and in such case a width not exceeding
one hundred and fifty (150) feet in addition
may be taken, subject to the approval of the
Governor, as to the width to be taken.
Sec. 3. Any company desiring such right of
way or depot, station grounds and water sta
tions shall furnish to the Governor a plat show
ing the line of the road and the right of way
and additional width requisite to protect the
track against snow, and the depot, station
grounds and water station i proposed to be
taken, with a calculation of the acr^s contained
therein, and on payment to the State treasurer
of the sum per acre equal to the appraised
value of Baid land, if the same has been ap
praised, and if not appraised, at such rate per
acre as the Governor and commissioner of the
State land office shall consider a fair appraisal,
but not at a rate less than that fixed by the
constitution of the State, and upon -such pay
ment being made the Governor shall execute
to such railroad company such deed or instru
ment in writing as shall convoy the use of such
light of way over and upon such land and the
use of such land for depot, station ground and
wator stations, so long as it Bhall be used and
occupied for railroad purposes.
Sec. 4. The funds so paid shall be credited
to the proper fund to which such land belongs.
Sec. 5. Any acts or parts of acts in so far
as the same may conflict with this act are here
by repealed.
Sec. 6. This act shall take effect and be
force from and after its passage.
Approved March 10,1879.
47
AN ACT relating to railroads organized under
the laws of the State of Illinois.
Be it enacted by the Legislature of-the State of
Minnesota:
Section 1. That any railroad company here
tofore organized under the laws of the State of
Illinois is hereby authorized to extend and
build its road into the State of Minnesota
from a point on the Southern State line be
tween ranges numbered seven and ten to the
north line of Fillmore county, and such railroad
company shall have and possess all the powers,
franchises and privileges and be subject to the
same liabilities of railroad companies organ
ized ana incorporated under the general laws of
this State. Provided, such non-resident com
pany shall first file a duly certified copy of its
articles of incorporation with the secretary of
this State, and shall comply with the laws of
Minnesota as to filing and recording its articles
of incorporation, and shall keep an office in
this State in the same connty in which its rail
road is, or is proposed to be built, and shall be
liable to civil process to be sned and to sue as
provided by law and provided, also, that it is
made a special and express condition hereof
that if such company organized under the laws
of Illinois shall avail itself of the provisions
of this act, said company shall be and are here
by declared estopped and prevented from re
moving, and shall be deemed to have elected to
waive any and all rights which said company
may have undec the laws of the United States
to have any suit or proceeding to which such
company is a party removed from the State
courts to the court of the United States.
Sec 2. This act shall take effect and be in
force from and after its passage, ^^ts-
Approved March. 11,1879.
&V. ftaL*w
48
AN AOT to authorize railroad companies to ex
elcise the right of eminent domain in certain
cases in this State.
Be it enaoted by the Legislature of the State of
Minnesota:
Seotion 1. That any railroad company now
existing under the laws of Minnesota, or which
has authority under the laws of this State to
build and operate a railroad within this State,
and any railroad companies which may bereaf
rer be organized under the general laws of this
40
AN ACT relating to the St. Paul & Duluth
railroad company and providing that the pro
vision of the general statutes relating to
condemnation of property may apply to said
corporation.
Be it enacted by the Legislature of the State of
Minnesota:
Section 1. That the St. Paul & Duluth rail
road company, the successor to the Lake Su
perior & Mississippi railroad company, may
perfect the title to the. right of way for the
use of said company by paying all amounts
heretofore awarded for property for the pur
poses of said line of railroad, with interest, tq
the same effect as though such compensation
and damages had been paid by said Lake Su
perior & Mississippi railroad company and all
amounts awarded or adjudged for condemna
tion of property may be paid to the clerk of
the court wherein said proceedings were or may
bedepending to be paid to the persons entitled
upon the order of the court, and to that end
may prosecute all pending appeals in the name
of said Lake Superior & Mississippi railroad
company or by leave of the court be substitut
ed as a party to snch proceedings on appeal.
That said St. Paul & Duluth railroad company
may construct all necessary wharfs, slips,
tracks, water ways and other structures in the
Bay of Duluth (without interfering with the
navigation of said bay) necessary or conven
ient for the transaction of the business of said
railroad and the shipments or transfer of
freight and property transported or to be trans
ported over said railroad.
Sec. 2.* That in lieu of the proceedings now
authorized by the charter of said Lake Superior
& Mississippi railroad company, and the several
acts amendatory thereof, the said St. Paul &
Duluth railroad company may acquire addi
tional right of way and property necessary for
the use of said company under the provisions
of sections thirteen to section thirty-two, in
clusive, of title one of chapter thirty-four (84)
of the general statutes relating to corporations,
as the same are amended by chapter 53 of the
general laws of 1872, and said provisions shall
form part of the charter of said St. Paul &
Duluth railroad company.
Sec. 3. This act to take effect and be in
force from and after its passage.
Approved February 14,1879.
SO
AN ACT to amend chapter 106, of the laws of
1877, entitled an act to authorize municipal
corporations to aid in the construction of
railroads.
Be it enacted by the Legislature of the State of
Minnesota:
Section 1. That said act be amended by
adding thereto the following section:
Section 16. Whenever any railroad company
shall make a proposition to any county, town,
incorporated city or village in this State ask
ing such municipal corporation to issue its
bonds as a bonus to aid in the construction of
the railroad of such company, or offering to ex
change the mortgage bonds of snch railroad
company for an equal amount of the municipal
bonds of such municipal corporation to be
used in *be construction of such- railroad, if
such proposition shall be made in the form
nresctkbed in section four of this act for mak
ing the proposition therein provided for, then
it shall be the duty of the proper authorities of
such municipal corporation to entertain and
act upon such proposition, and to submit the
same to the electors of sB municipal corpora
tion in the same manner as they are directed
to entertain and act upon the other aforesaid
proposition hereinbefore provided for in this act,
and to submit the same to the electors of such
municipal corporation.
And, when such proposition is submitted for
the approval of the electors of snch municipal
corporation, if it shall be approved* by a ma
jority of said electors who shall vote upon such
proposition, then the proper authorities of said
mm icipal corporation shall issue the bonds of
such corporation to said railroad company in ac
cordance with the provisions of this act, and
the conditions contained in such proposition.
Sec. 2. Section seven (7), of said chapter
one hundred and BIX (106), of the general laws
of 1877 is hereby repealed.
Sec 3. This act shall take effect and be in
force from and after its passage.
Approved March 11,1879. I"*
$ tS*
SI
AN ACT to repeal section seven (7) of chapter
one hundred and six (106) of the general laws
of 1877, entitled an act to authorize munici
pal corporations to aid in the construction of
railroads.
Be it enacted by the Legislature of the State
of Minnesota:
Section 1. That section seven (7) of chapter
one hundred and six (106) of the general laws
of 1877, entitled an act to authorize municipal
corporations to aid in the construction of rail
roads be, and the same is hereby repealed.
See. 2. This aet shall take effect and be in
force from and after its passage.
53
AN AOT to amend chapter thirty (30) of the
general laws of Minnesota for the year 1876,
relating to foreclosure sale of railroads.
Be it enacted by the Legislature of'the State of
Minnesota:
Seotion 1. That section one (1) of. chapter
thirty (30) of the general laws of the State of
Minnesota for the year 1876 be and the same is
hereby amended by adding thereto the follow
ing proviso, viz.:
Provided further, That in all cases where,
State, shall have power to acquire by purchase under such foreclosure sale of any railroad,
or condemnation, all neoesBary roadways, spur I franchises and property, the said railroad, prop-
and Sidetracks, rights of way, depot grounds,
yards, grounds for machine shops, warehouses,
elevators, depots, station houses, and all other
structures that may be necessary or convenient
for the full enjoyment, use and operation of its
road, and may purchase, erect and maintain,
and operate all such machine shops,warehouses,
elevators, depots, station houses and other
structures as may be necessary or convenient
for the use, operation, and enjoyment of the
road, and may make with any railroad com
pany, such arrangements for the use of any
portion of its tracks and road beds as it may
deem necessary and may, wherever and when
ever it may be or become necessary for carry
ing out the purposes of such corporation, enter
upon and cross over or nnder the tracks and
road beds of any other railroad corporation or
company for the purpose of effecting a crossing
upon, over or under the same or a connection
with the same, and may enter upon, across,
over, under or along any other lands of all
other railroad corporations, streets and high
ways, with its own tracks, upon paying just
compensation to the person or corporation in
jured thereby.
Sec. 2. That the power to condemn hereby
granted, shall embrace all roadways, spur and
side tracks, rights of way, railroad crossings,
depot grounds, yards, grounds for machine
shops, warehouses, elevators, station houses,
water tanks, and all other buildings and struc
tures, rights, privileges and easements necessary
to the construction, or necessary or convenient
to the operation of any of said railroads also,
all lands, rights, privileges and easements that
are or may become necessary or convenient to
the full enjoyment, use, maintenance and ope
ration of any of said railroads.
Sec. 3. That the condemnation proceedings
hereby authorized, shall be instituted by said
company and conducted in the same manner,
as other similar proceedings are or may hereaf
ter be instituted and conducted by railroad
companies in this State under the general laws,
except that the court in its discretion in and
by the order of appointing commissioners, may
limit the easements to be acquired, by reserv
ing to the owner of the property over which
the right of way is sought to be obtained, such
rights and privileges in and to the same as shall
not be incompatible with the use for which the
same is to be appropriated, to be exercised and
enjoyed in such manner as not to injure or to
interfere with the road track and structure of
buch railway company, or the free and legiti
mate use of the same for railway purposes.
Provided, that nothing in this act contained,
shall be oonstrued as authorizing or empower
ing said railroad company or any of them, to
condemn, appropriate or use any lands, proper
ty or rights or franchises of any other railroad
corporation, occupied or in use or necessary for
the operation of its railroad, or the transaction
of its business by such other corporation, ex
cept when the petitioning corporation shall
elect to cross any such property and tracks or
either by its tracks, and in such case the cor
poration electing to cross any such property
and tracks, or either, may cross the same,
either over, under or at grade, and then only by
the construction of its tracks across the same.
And in case wnere such election shall be made,
the district court to which the petition shall be
presented, shall at the time of the appointment
of the commissioners, upon the request of
either party and upon such showing as the
court may deem necessary and proper, prescribe
the location and the manner in which such
crossing or connection shall be made so as to
effect the purpose of the petitioning corpora
tion, and at the same time do the least injury
to the corporation whose property is taken.
8ec.*4. That nothing herein contained, shall
be construed to abridge the rights conferred on
any railroad company by existing general laws
of this State, or of any special laws of this
State.
Sec 5. This act shall take effeot and be in
force from and after its passage.
Approved March 6, 1879.
erty and franchises shall be purchased at such
sale by any railroad company heietofore or
hereafter duly chartered, organized or incorpor
ated under the laws of this State, or of the late
Territory of Minnesota, that then Buoh railroad
company so purchasing shall not be required to
comply with the provisions contained in said
chapter thirty (30) in regard to organizing as a
corporation under such purchase, but said rail
road corporation so purchasing at such sale
shall, upon filing in the office of the secretary
of state of the conveyance or certificate of sale
received by it under such purchase and by vir
tue thereof, be immediately vested with all and
singular the corporate rights, powers, fran
chises, privileges, immunities and advantages
which were held at the time of the execution of
such mortgages or deed of trust, or afterwards
acquired by the company making the same,
and applicable to the railroad and property so
purchased, without any further aot or cere
mony, and such railroad company so purchas
ing shall thereupon and thereafter, in the man
agement and operation of such railroad lines
and property so purchased, and in the use and
enjoyment thereof, and of the franchises, rights,
powers, privileges and immunities thereby ac
quired, become vested with all and singular the
franchises, rights, powers, privileges and im
munities theretofore granted to or possessed by
the corporation making such mortgage or deed
of trust, and applicable to the railroad and
property BO purchased, to the same extent and
with the like effect as if the same had been
originally conferred upon snch purchaser.
Section two (2). This act shall take effect and
be in force from and after its passage.
Approved March 10,1879.
TAXES AND TAX LAWS.
53
AN ACT to provide for the levy of taxes for
State purposes for the years 1879 and 1880.
Be it enacted by the Legislature of the State of
Minnesota:
Section 1. There shall be levied on all taxa
ble property in the State of Minnesota for the
year one thousand eight hundred and seventy
nine a tax of three hundred and forty-five thou
sand dollars, or as near that amount as piacti
cable. Provided, That the tax hereby levied
shall not exceed one and five-tenths of a mill on
each dollar of taxable property.
Sec. 2. Ail taxes levied under the provisions
ot the foregoing section, when collected and
paid into the State treasury, shall be distrib
uted as follows: one-half thereof to be placed
to the credit of the general revenue fund sev
en-thirtieths thereof to be placed to the oredit
of the State institutions fund one-tenth there
of to be placed to the credit of the State interest
fund one-tenth thereof to be placed to the
credit of the sinking fund, and one-fifteenth
thereof to be placed to the credit of the general
university fund.
Sec. 3. There shall be levied on all taxable
property in the State of Minnesota for the year
one thousand eight hundred and eighty a tax
of four hundred and eighty thousand dollars,
or as near that amount as practicable. Provi
ded, That the tax hereby levied shall not ex
ceed two mills on each dollar of taxable pi op
erty..
Sec. 4. All taxes levied under the provisions
of the foregoing sectioL', when collected and
paid into the State treasury, shall be distrib
uted as follows: thirteen-twentieths thereof to
be placed to the credit of the general revenue
fund three-twentieths thereof to be placed to
the credit of the State institutions fund one
twentieth thereof to be placed to the credit of
the State interest fund one-tenth thereof to be
placed to the credit of the sinking fund, and
one-twentieth thereof to be placed to the credit
of the general university fund.
Sec. 5. This act shall take effect and be in
force from and after its passage.
Approved March 7,1879.
54
AN AOT to provide for the collection of de
linquent taxes in certain cases.
Be it enacted by the Legislature of the State of
Minnesota:
Section 1. In any connty where there has
been a failure from any cause to be ascertained
and determined by tbe county auditor, to ad
vertise, or by reason of such failure, or of a
defective advertisement, to sell any tract or lot
of real property, or the entire list of real prop
erty'subject to delinquent taxes for any year or
years according to the provisions of the general
tax law, and in all cases where a tax sale, or the
certificate issued thereon, shall have been set
aside for any cause to be ascertained and de
termined by the county auditor, such property
shall be included in the delinquent list of the
present year, if such taxes shall remain unpaid
and the same proceedings shall be had against
such property, as for [taxes) property becom
ing delinquent this year, and judgment shall
be rendered for the taxes with interest thereon,
from the date it should have been sold, with
all accruing penalties and costs.
Sec. 2. If there are personal taxes remain
ing unpaid in any county for any year or years
prior to the year one thousand eight hundred
and seventy-eight, for which a judgment has
not been rendered as provided by law, the
county treasurer shall procceed to collect such
taxes and make return of ail that he may be
unablehands
to
collectcollectione.
in h:s
with th personal taxes now
for
Sec. 3. This act shall take effect and be in
force from and after its passage.
Approved March 8. 1879.
55
AN ACT proposing an amendment to article
nine (9) of the constitution, limiting the
taxing power of the legislature.
Be it enacted by the Legislature of the State of
Minnesota:
Section 1. The following amendment of the
constitution of the State is hereby proposed for
publication, and approval or rejection by the
people, that is to say, article nine (9) of the
constitution shall be amended by adding there
to a new section, which shall read as follows, to
wit:
Section 15. The legislature shall not author
ize any county, township, city or other munici
pal corporation to issue bonds, or to become in
debted in any manner, to aid in the construc
tion or equipment of any or all railroads to any
amount that shall exceed five (5) per centum of
the value of the taxable property within snch
county, township, city or other municipal cor
poration. The amount of such taxable proper
ty to be ascertained and determined by the last
assessment of said property made for the pur
pose of State and county taxation, previous to
the incurring of such indebtedneer
Sec. 2. This proposed amendment shall be
submitted to the people of the State, for their
approval or rejection, at the next general elec
tion occurring after the passage of this act, and
the qualified electors of tbe State, in their re
spective districts, may at such election vote by
ballot for or against said amendments, and the
returns thereof shall be made and^ certified
within tbe time, and such votes canvassed and
the result thereof declared, in the manner pro
vided by law, with reference to election of
members of Congress, and if it shall appear
thereupon that a majority of the electors pres
ent and voting, for or against the proposed
amendment to the constitution as provided in
the next section have voted in favor of the
same, then the Governor shall make proclama
tion thereof, and such amendment shall there
upon take effect and be in force as apart of the
constitution.
Sec. 3. The ballot used at such election by
electors voting in favor of this amendment
shall have written or printed, or partly written
and partly printed thereupon, the following
words: "Limitation of the taxing power of the
legislatureYes." The ballot used by such
electors Toting against said amendment shall
have written or printed, or partly written and
partly printed thereupon, tbe following words:
"Limitation of the taxing powers of the legisla
tureNo."
Sec 4. This act shall take effect and be in
force from and after its passage.
Approved February 25,1879.
50
AN ACT to amend an act entitled, "An act to
provide for the collection of taxes in unor
ganized counties, approved March 2,1876."
Be it enacted by the Legislature of the State of
Minnesota:
Section 1. That section one (1) of an act en
titled "An aet to provide for the collection of
taxes in unorganized counties, approved March
2,1876, be and the same is hereby amended by
adding to the end thereof the following: "Pro
vided, further, that in the connty of Itasca the
sum of twelve (12) mills per acre as compensa
tion for the county of Crow Wing may be levied
and collected as herein provided."
Sec 2. This act shall take effect and be in
force from and after its passage.
Approved March 6,1879, W'^^B^M^
for i879.0fflciaL
EDUCATIONA1
ft
ti
&
AN ACT to amend sections five and thirteen of
chapter two of an aot to establish, and main
tain a system of public schools in the State of
Minnesota, being chapter 74 general laws of
1877.
Be it enaoted by the Legislature of the State of
Minnesota:
Section 1. That seotion five of ohapter two of
an aet to establish and maintain a system of
public schools in the State of Minnesota be
amended to read as follows:
Section 5. The director, treasurer and
clerk of each common school dis
trict shall constitute a board of trustees, and
any two of such board may make any contract,
or perform any aot which the board as such is
authorized to make or perform (except as pro
vided in section fifteen of this chapter but no
contract shall be made or authorized without
due notice to all the members of the board at a
meeting called for that purpose.) The board
of trustees shall havejhe general charge of the
interests of schools and school houses in their
district shall lease or purchase in the corporate
name of the district a site for a school house,
designated by a majority of the legal votere of
the district shall build, hire or purchase a suit
able school house with the funds provided for
that purpose, and when directed by a majority
of the qualified voters at any legal meeting of
the district, may Bell or exchange any such site
or school house but tbe site for a school house
shall not be changed after having been desig
nated, unless at least two-thirds of the legal
voters of the district vote in favor of the
change.
Sec. 2. That section thirteen of said ohapter
two be amended to read as follows:
Section 13. The board of trustees at
a_ meeting called for that purpose, shall
hire for and in the name of the
district such teachers only as have certifi
cates of qualification, and make written con
tracts with such teachers specifying the wages
per month and time employed as agreed npon
by the parties, and file such contracts in the
office Of the clerk (but no contract shall be
made with any teacher who is related by blood
or marriage to any member of the school board
without the concurrence of all the members of
the board of trustees, by vote duly entered on
the clerk's record of proceedings). Provided,
that the term month, wherever it occurs in any
section of this act shall be construed to mean
four weeks of five days each. The trustees
shall provide fuel for the schools of the dis
trict, if the voters of the district make nb pro
vision for fuel at their annual meeting shall
furnish all things necessary for the school
house during the time a school shall be taught
therein, which shall be at least three months in
each school year,-and such further time as the
district by vote may direct. Every teacher
shall procure a register for his school from the
clerk of the district, keep a daily record of at
tendance, and of such other matters as may be
required in such register, and receive all per
sons sent to him between the ages of
five and twenty-one years residing in the dis
trict, and such other persons as may attend
school under any arrangement with the board
of trustees.
Sec. 3. This act shall take effect and be in
force from and after its passage.
Approved March 4, 1879. 58
AN ACT to amend an act entitled an act for
the encouragement of higher education, ap
proved March 9th, 1878.
Be it enacted by the Legislature of tbe State of
Minnesota:
Section 1. That section two (2) of such act
be amended so as to read as follows:
Section 2. Any public graded school in
any city or incorporated village or
township organized into a district
under the so-called township system,
which school shall give preparatory instruction
according to the terms and provisions of this
act, and shall admit students of either sex
from any part of the State without charge for
tuition, shall be entitled to receive pecuniary
aid as hereinafter specified provided, however,
that no such school shall be required to admit
nonresident pupils unless they shall pass an
examination in all the branches prescribed by
law as requisite to a third grade county cer
tificate, except algebra, plainjgeometry and the
theory and practice of teaching.
Sec. 2. That section five of said act be
amended by substituting the words and figures
"twenty thousand dollars ($20,000)" wherever
the words and figures nine thousand dollars
($9,000)" eccur.
Sec. 3. This act shall take effect and be in
force from and after its passage.
Approved March 8,1879.
5J
AN ACT to amend section two (2) of chapter
six (6) of chapter seventy-four (74) of the
general laws of one thousand eight hundred
and seventy-seven (1877), relating to a system
of public schools in the State of Minnesota.
Be it enacted by the Legislature of the State of
Minnesota:
Section 1. That section two (2) of chapter
six of chapter seventy-four (74) of the general
laws of ono thousand eight hundred and sev
enty-seven (1877) be and the same is hereby
amended so as to read as follows: Every person
duly elected to and excepting the office of direc
tor, treasurer or clerk of any school district, or
member of board of education, whdfehall neglect
or refuse to enter upon the duties of his office
and serve therein faithfully, or shall refuse or
neglect to perform any of the duties prescribed
by law, shall forfeit the sum of ten dollars
(#10.00) to the use of said district, which may
be collected by any action before any justice
of the peace in the county. To be prosecuted
by the director of said district or by any free
holder in said district.
Sec. 2. This act shall take eflect and be in
force from and after its passage.
Approved March 6, 1879.
oo
AN ACT to amend section 16 of chapter 1
of chapter 74 oi the general laws of 1877,
relating to publio schools.
Be it enacted by the Legislature of the State of
Minnesota:
Section 1. That section 16 of chapter 1,
being chapter (74) of the general laws of 1877,
relating to public schools, be amended by
changing the proviso commencing at the word
"provided" in line fourteen, so the same shall
read as follows: Provided that when the terri
tory of the district or districts to be affected by
snch formation, alteration or consolidation
consists of parts of two o- more counties the
petition shall be in duplicate or more as the
casemay be, and one presented to the commis
sioners of each of such counties, who shall
severally proceed to hear the petition in the
manner directed. That to effect the formation,
alteration or consolidation in such petitions de
sired shall require the concurrent action of the
commissioners of each of such counties. The
determination of such commissioners in each
county hall be entered upon their records in
the several counties by the several county
auditors who shall file the copies thereof with
the clerks of the districts affected thereby in
their respective counties in tbe manner direct
ed and also with the county auditors in each of
the counties petitioned.
Sec, 2. This act shall take effect and be in
force from and after its passage.
Approved March 6,1879.
01 *&~'
AN ACT to ameid section twelve of chapter
seventy-four of the general laws of the year
1877, as amended by chapter forty-eight of
the general laws of the year 1878, relating to
public schools.
Be it enacted by the Legislature of the State of
Minnesota:
Section 1. That section twelve of chapter
seventy-four of the general laws of the year
1877, as amended by chapter forty-eight of the
general laws of the year 1878, bt, and the same
is hereby amended so as to read as follows:
Section 12. The board of county commis
sioners of the several counties in this State may
form new school districts, alter the boundaries
of districts or unite districts upon a petition of
a majority of the freeholders who are legal vot
ers residing in each district to be affected there
by. Provided, That before final action on such
petition by said board, the same shall be sub
mitted to the county superintendent of schools
of snch county, who shall speedily report the
same to said board, with his opinion in writing
as to tbe propriety of granting Tmch petition.
Sec. 2. This act Bhall take effect and be in
force from and after its
passage,^"
ttv
Approved February 26,1879.
**&**THE COURTS^ *p&$fc
AN AOT to authorize appeals to be dismissed
from the supreme court during vacation npon
stipulation of parties.
Be it enacted by the Legislature of the State
of Minnesota:
Section 1. That any judge of the supreme
court shall, during vacation, have the same
power as the court at term, to dismiss any
appeal and remand tbe cause to the court below,
upon the stipulation of the parties to snch ap
peal consenting to such dismissal, to be filed
with the clerk of said court.
Sec 2. This aet shall take effect and be in
force frorojuid after its passage.
Approved March 4,1879.
ft
63 -"gfir""". "t
AN ACT to detach the county of Murray from
the county of Cottonwood and to organize
same for judicial purposes, and to provide
for general] ternM of the district court
therein.
Be it enacted by the Legislature of the State
of Minnesota:
Section 1. The connty of Murray is hereby
detached from the connty of Cottonwood for
judicial purposes, and is hereby organized for
judicial purposes, with all the rights, privi
leges and immunities pertaining thereto.
Sec. 2. General terms of the district court
shall be held in and for the connty of Murray
on the second Tuesday of October in each year.
Sec. 3. All judicial proceedings now pend
ing in, and all recognizances, writs and pro
ceedings returnable to the district conrt of tbe
connty of Cottonwood from the county of Mur
ray aforesaid, are hereby made pending in and
returnable to thedistrict conrt in said county
of Murray, and all papers on file with the clerk
of the district conrt of Cottonwood county,
pertaining to such proceeding from Murray
county, shall be transferred to the clerk of said
county in Murray county, and all records in
the office of the clerk of the'district conrt of
said Cottonwood county may be transcribed by
the clerk of the district court of said Murray
county, and such transcription of records shall
thereafter be of the same force and effect as
though the same bad been originally made in
the clerk's office of said Murray county.
Sec. 4. This act shall be a general law and
shall take effect and be in force from and after
its passage.
Approved March 6, 1879.' $'
64
AN ACT relating to the time' of holding terms
of the district court in the connty of Cotton
wood.
Be it enacted by the Legislature of the State of
Minnesota
Section 1. General terms of the district court
Bhall be held in and for the county of Cotton
wood, commencing on the first Tuesday after
the fourth day of July, in each year.
Sec. 2. All acts ox parts of acts inconsistent
with this act are hereby repealed.
Sec. 3. This act shall take effect and be in
force from and after its passage.
Approved March 5, 1879.
65
AN ACT entitled an act regulating the time for
holding the terms of the district conrt in the
county of Freeborn in the tenth judicial
district.
Be it enacted by the Legislature of the State
of Minnesota:
Section 1. The general terms of the district
court in the county of Freeborn in the tenth
judicial district shall be held each year as fol
lows (instead of at the times heretofore fixed
by law) on the second (2d) Tuesday of January,
the second (2d) Tuesday of April, and the first
(1st) Tuesday of September.
Sec. 2. All actions, process, recognizances
and proceedings of whatever nature, bad or
done foi, or returnable at any term of said
court in said county as heretofore fixed by law,
shall be returnable to the next term for such
connty as herein specified, and shall be as valid
and binding in all respects as though no change
had been made.
Sec. 3. All acta or parts of. acts heretofore
existing inconsistent with this act or relating
to and providing for the holding of terms of
the district conrt in said connty are repealed.
Sec. 4. This act shall take effect and be in
force from and after its passage.
Approved March 5,1879.
G6
AN ACT to complete the organization of the
county of Polk for judicial purposes, and es
tablish terms of the district court therein
for tbe counties of Polk and Kittson.
Be it enacted by the Legislature of the State
of Minnesota:
Section. 1. The county of Polk is detached
from the county ot Clay and declared to be or
ganized for judicial purposes, with all the
rights, privileges and immunities of counties
of this State so organized, and the county of
Kittson is detached from the county of Clay
and attached to the county of Polk for judi
cial purposes.
Sec. 2. General terms of the district court
for the counties of Polk and Kittson shall be
held on the second Tuesday in June and second
Tuesday in December in each year, at the city
of Crookston, which is hereby established as
the county seat of Polk county. Provided, that
no grand jury Bhall be drawn or summoned for
the December terms of Baid court until the
year A. D. 1881, unless by the order of the
judge of said court, duly made and entered in
the minutes of said court at least thirty days
before the commencement of such term.
Sec. 3. All civil suits now pending in the
district court of the county of Clay, properly
triable in the county of Polk, Bhall be by stipu
lation of parties or by an order of the judge
of said court, made on application of either
party, removed for trial to the connty of Polk,
and all judicial proceedings now pending in,
and all recognizances and writs returnable to
the district court in the county of Clay from
the counties of Polk and Kittson, and all pa
pers on file with the clerk of the district conrt
in the county of Clay, -which appertain to said
counties of Polk and Kittson, shall be forth
with transferred to the clerk of said court for
the county of Polk, and all records in tbe office
of the clerk of the district court of Clay county
which appertains to said counties of Polk and
Kittson, Bhall be transcribed and recorded in
the office of the clerk of the district court of
Polk county.
Sec. 4. This act shall be a general act and
shall take effect and be in force from and after
its passage, and all acts and parts of acts in
consistent herewith are hereby repealed.
Approved February 27, 1879.
67
AN ACT to prescribe the time of holding gen
eral terms of the district court in certain
counties in the Ninth and Twelfth judicial
districts.
Be it enacted by the Legislature of the State of
Minnesota:
Section 1. That from and after the first day
of January, one thousand eight hundred and
eighty (1880), there shall be two (2) general
terms of the district court in and for the county
of Bedwood.in the Ninth (9th) judicial district,
held at the times hereinafter prescribed, to wit:
On the third Tuesday of June and the first
Tuesday of January in each year.
Sec. 2. That there shall hereafter be two gen
eral terms of the district court in and for the
county of Yellow Medicine, in the Twelfth ju
dicial district, held at the times hereinafter
prescribed, to wit:
On the last Tuesday of May and the first
Tuesday of December in each year.
Sec. 8. That from and after May first, one
thousand eight hundred and seventy-nine, the
general terms of the district court in the conn
ties of Meeker and Kandiyohi, in tbe Twelfth
judicial district, shall be held at the times fol
lowing, to wit:
In the county of Meeker on the fourth Tues
day of March and the fourth Tuesday of Octo
ber in each year. In the county of Kandiyohi
on the first Wednesday after the second Tues
day of March and on the secondTuesday of Oc
tober in each year.
Sec. 4. All writs, process, bonds, continu
ances, appeals, notices, proceedings and recog
nizances, issued, made or returnable to the gen
eral terms of conrt in and for said counties, as
respectively fixed by law, prior to the passage
of this act, shall be deemed and construed as
made, taken and returnable to the proper term
of said court in the said counties respectively as
fixed by this act. ._
Sec. 5. This act shall take effect and be in
force from and after its passage.
Approved March 10,1879. _***-,
J%.
j**-
vi* ih
68 i V#
AN ACT fixing the time for holding the gen
eral terms of the district court in the third
judicial district.
Be it enacted by the Legislature of the State
of Minnesota:
Section 1. The general terms of the district
court in and for the several counties in the
third judicial district of this State shall be
held as follows:
In the connty of Winona on tbe second Mon
day of March and the second Monday of Octo
berin each.year.
In the connty of Wabashaw on the third Mon
day of May and the second Monday of Novem
ber in each year.
In the county of Olinsted on the first Monday
of Jane and the first Monday of December in
each year.
Sec 2. All writs, processes, bonds, recogni
zances, continuances, appeals, notices and pro
ceedings had, issued or returnable to the terms
of court in and for each of said counties as
fixed by law prior to the passage of this act
shall be deemed and construed made, taken*
and returnable to the terms of conrt in each
of said counties as fixed by this act.
Sec 3. Chapiter-63 of the general laws of
1876, is hereby repealed.
Sec 4, This aet shall take effect and be in
force immediately.
M1SCR i ,L A N EQUS.
B9
AN ACT to provide for the apportioning and
payment of the costs and expenses of civil
actions and proceedings the District
Court tor the counties of Crow Wing, Wa
dena and Aitkin.
Be it enacted by the Legislature of the State
of Minnesota:
Section 1. That the counties of Wadena
and Aitkin shall hereafter be required to paj
to the county of Crow Wing from year toy ear,
so long as they shall respectively remain at
tached to Crow Wing county for judicial pur
poses, such proportion of the nece^8a^y cour
expenses of Crow Wing county, includinj
among other things per diem and mileage
jurors, salary of connty attorney, fees
sheriff and clerk of the district court, and jail
expenses, as the assessed valuation of said
counties of Wadena snd Aitkjn respectively
bears to the combined assessed valuation of
said Crow Wing connty and all the counties at
tached thereto for judicial purposes, said valu
ation to be the same as fixed by the State
board of equalization for the preceding year.
Sec. 2. That the auditors of the counties of
Crow Wing, Aitkin and Wadena respectively,
and their successors in office, are hereby ap
pointed commissioners, whose duty it shall be
to inquire into, ascertain and report the
amount properly chargeable to each of the
aforesaid counties, conformity to the pro
visions of section one of this act, for and dur
ing the time such counties may be so attached
to said Crow Wing county for judicial pur
poses. Said commissioners shall, on or before
the second Monday inJuly in each year, report,
the amount so ascertained as aforesaid to each
of the county auditors of Crow Wing, Wadena
and Aitkin counties, the amounts so ascer
tained to be payable from said counties re
spectively, and thereupon the said amounts so
ascertained and reported shall be raid by said
counties respectively to the said'Crow Wing^
county. It shall be the duty of the 6aid county
auditors respectively to draw a warrant in fa
vor of said Crow WiDg connty for the amount_
so ascertained, and said warrant shall be paya
ble out of tbe general revenue fund of the
county, and if there shall not be money suffi
cient in said fund to meet said warrant, then
it shall be the duty of said auditors to report
said amounts to the board of county commis
sioners for said counties of Wadena and Ait^
kin respectively at their July meeting, and it
shall be their duty to levy a tax in their re
spective counties sufficient to meet the amount
so reported to them. In such case, after eaci
settlement as now required by law, it shall be
the duty of the said connty auditors respect
ively to pay over to said Crow Wing county the
amount collected by virtue of said levy.
Sec. 3. Appeals may be taken from any
such award by said-commissioners against any
of said counties the same as is now provided
by law against the allowance by the board of
county commissioners ot a claim against a
county, and such appeals shall be determined
in like manner as is provided in section
eighty-one, eighty-two and eighty-three of
chapter eight of the general statutes of this
State.
Sec. 4. This act shall take effect and be in
force from and after its passage.
Approved March 10.1879.
70
AN ACT in relation to chattel mortgages.
Be it enacted by the Legislature of the State of"
Minnesota:
Section 1. Whenever the mortgagee in a
chattel mortgage has a remedy by sale of the
mortgaged property, authorized by the terms
of the mortgage in case of default, such mort
gaged property shall not be sold at private sale,
but only upon previous written notice given, at
least ten days before such sale, by serving a
copy of such notice upon the mortgagor, or
upon the person in possession of the property
claiming the same, if such person can be found
within the city, village or town where the mort
gage is filed, or if such mortgagor or person can
not be found within such city, village or town,
then by posting three copies of such notice as
follows: one copy in each of three of the most
public places of the city, village or town where
the mortgage is filed, or where the property is
seized or taken under the mortgage.
Sec. 2. No mortgagee, nor any one claiming
under him, shall have any right, arbitrary or"
without just cause, based upon the actual ex
istence of facts, to declare any of the condi
tions or stipulations of a mortgage broken prior
to the time of default in the payment of such
mortgage, or prior to the time when the condi
tions of such mortgage should be performed.
Sec. 3. Every chattel mortgage shall cease
to be valid as against the creditors of the per
son making the same, or subsequent purchasers
or mortgagees in good faith, after the expira
tion of two years from the time of filing the
same or a copy thereof, unless before the expi
ration of the two yearsthe mortgagee, his agent
or attorney, shall make and anaex to the in
strument, or copy on file as aforesaid, an affi
davit setting forth the inteiest which the mort
gagee has, by virtue of such mortgage, in the
property therein mentioned, upon which affi
davit the clerk shall endorse the time when the
same was filed.
Sec. 4. The effect of any such affidavit shall
not continue beyond one year from the time
when such mortgage would otherwise cease io
be valid as against subsequent purchases in
good faith, but before the time when any such
mortgage would otherwise cease to be valid as
aforesaid, a similar affidavit may be filed and
annexed, as provided in the preceding seotion,
and with like effect.
Sec. 5. Chapter fifty, of the general laws of
Minnesota for 1875, is hereby repealed.
Sec. 6. This act shall take effect and be in
force from and after its passage.
Approved February 26, 1879.
71
AN ACT to authorize the Stateto purchase a oertaln
number of copies of Cooley's Index Digest of the
Tax Laws of Minnesota for the use of State,
county and township officers.
WHEREAS, DeWitt C. Cooley haswritten a complete
index digest of the tax laws of Minnesota, to which
is to be appended such laws in rulPwith reference to
the decisions of the supreme court thereon and all
amendments thereof by the present legislature
therefore, Be it enacted by the Legislature of Minnesota:
Section 1. That upon delivery by said Cooley to
the secretary of state of two thousand printed and
covered copies of said Index Digest, with laws and
amendments appended as aforesaid, he shall receive
the same and deliver to said Cooley or his assigns
a certificate of the delivery thereof. Provided, said
books are inaccordance with the foregoing preamble.
Sec. 3. Upon the presentation of said cer
tificate to the State auditor he shall draw
his warrant on the treasury of tbe
State for the amount of the price of said books, al
lowing the same price therefor as the said book shall
be sold for by said Cooley or his assigns to individ
uals, not exceeding one dollar per copy, and tl.j
State treasurer shall pay the amount of said warrant
out of any money in the treasury not otherwise ap
propriated.
Sec 3. Said books shall be distributed in the
same manner as copies of the session laws are re
quired by law to be distributed, but only to the fol
lowing named officers: One copy to each officer of
the State,jach member and officer of the legislature,
each judge and clerk of the supreme and district
court, each court commissioner, each countyauditor,
treasurer, sheriff, register oi deeds, town clerk and
each member of the State board of equalization.
Sec. 4. This act shall take effect and be in force
from and after its passage.
Approved March 11,1879.
78
AN ACT in relation to the general statutes of
1878 and tbeir effect as evidence.
Be it enacted by the Legislature of the State
of Minnesota:
Section 1. The edition of tbe general statutes
and other public laws of this State in force at
the close of the legislative session of eighteen
hundred and seventy-eight (1878), prepared by
George B. Young, pursuant to chapter sixty
seven (67) of the general laws of eighteen hun
dred and seventy-eight (1878), shall be compe
tent evidence of the several acts and resolu
tions therein contained in all courts of this
State without further proof for authentication.
Sec. 2. Said compilation shall be known
and cited as "General Statutes 1878."
Sec 3. This act shall take effeot and be in
force from and after its passage.
Approved Marcli 8,1879.
73
AN AOT in relation to mill dams.
Be it enacted by the Legislature of the Stat
of Minnesota:
Section 1. That whenever, by any contract
or by proceedings under chapter 31 of the gen
eral statutes and acts amendatory thereof, tbe
owner of any mill dam has heretofore acquired
or shall hereafter acquire the right to flow the
lands of another person in order to maintain a
head of water at said dam, and by reason of
the breaking away of any natural or artificial
bank or margin of said stream, upon such
landB of such other person, the water has be
come or shall become divided from said stream,
it shall be lawful for the owner of said dam to
enter upon tbe lands of such other person,
doing no unnecessary damage, and to repair and
restore said bank so as to prevent the further
division of the water from said stream.
Sec. 2. That any damage that may be caused
to the owner of such lands by reason of snch
entry thereon and the repairing of such bank
shall be maintained and paid in the manner
provided in said chapter 31 of the general
statutes in other cases.
Sec 3. This act shall take effect and be in
"jorce from and after its passage
