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fire, windstorms, trespass or damage of an; kind, and said commissioner shall forthlt erect a stone foundation, convenient steps, galvanized iron rope guy lines and anchors at the most elevated of said platforms, which was erected at and stands near the north, line of eeetlon thirty-six (.36), township one hundred and forty-three 1143), range thirty six (30), in said ltasca State Park, and it is hereby made the duty of said ' Park Commissioner 10 paint each of said platforms with pure white lead, two full coats. . . Sec. 4. To preserve, protect, anchor and paint said platforms, as provided in the pre ceding section, there Is hereby appropriated out of any moneys In the state treasury not otherwise appropriated tho sum of two hun dred an-.l eighty dollars, or so much thereof as may be neoossary, which shall be expended under direction of the governor of the state. Seo. 6. This act shall take effect and be in force from and after its passage. Approved April 10, 1901. . --. ■ : • CHAPTER 216— H. F. NO. 338. AN ACT to amend chapter three hundred forty-nine (349), General Laws one thousand eight hundred ninety-nine (1899), providing for the selection of candidates for election oy popular vote, and relating to elections. Be it enacted by the Legislature of the State of Minnesota: tiection 1. That section one (1) of chapter three hundred forty-nine (349). General Laws one thousand eight -•undred ninety-nine (1899), "be amended so as to read as follows: Section 1. On Tuesday seven (7) weeks pre ceding any election (except town, village or ppeclal elections) at which officers in this state ere to be elected, primary elections shall be held in tha several election districts com prised within the territory for which such of ficers are to be elected, In accordance with this act, which, shall be known as the pri mary election, for the purpose of choosing candidates for all elective district, county and city officers, and elective members of school boards, park boards, library boards, in cities having over 50,000 inhabitants, and all other officers which are to be chosen wholly by electors within any subdivision of this state, except state officers who are chosen wholly ■by the electors of the entire state, and elect ive members of school boards, park boards and library boards in towns and villages and In cities of this etate having 60,000 inhabi tants or less, at said ensuing election, and said primary election day shall be and con stitute the first day of registration of electors for the next ensuing election in all election districts of counties which are subject to the provisions of this act, and shall be in lieu of the first day now provided by law for the registration of electors in such districts; but nothing herein shall be construed to affect the date of the second or subsequent registration days now provided by law. For all other official positions within the gift of the people by ballot such other provisions as are provided by law shall apply. Sec 2. That section four (4) of chapter three hundrofi forty-nine (349) of General Laws one thousand eight hundred ninety-nine (1890;, be amended so as to read as follows: Section 4. At least twenty (20) days before the primary election day, any person who shall be eligible to an office which he seeks shall appear before or file with the secretary of state, if an office to be voted for in more than one county, or the county auditor, if to be voted for in a single county, with an affi davit to the effect that it is bona fide his intention to run lor tha nomination for any specified office, and upon payment to the sec retary of state of twenty (20) dollars, if for any other office to be voted for in more than one coucuy, and if to be voted for In only one county ten (10) dollars to the county au ditor thereof, a receipt for which Khali be given inim, the county auditor shall place his name upon the primary election ballot of his (party, as hereinafter provided. The secretary of etate and county auditor shall number each affidavit so filed with them In numerical order as received. Such fee of ten (10) dollars, in case of a candidate for a city office, shall be immediately paid into the city treasury by the county auditor, in case of fees received by him, and In other cases of fees received by him, shall be so paid into the county treasury, but no fee shall be required from any person who Is a candidate for any office to which no compen sation is authorized to be paid. In case of fees paid to secretary of state as aforesaid, he shall immediately after the last day for filing nomination affidavits with him has expired, divide the amounts of the fees of candidates equally between the counties within which such candidates are to run for office, and issue warrants for Bald amounts .to tho state treasurer, who will remit and pay the cam** at once to the treasurers of said coun ties respectively. Said affidavit may be in cubstantlally the following form: I, A B being duly ewom (or affirmed), Bay that I reside at Number street. (city or town) of .County of State of Minnesota, and am a qualified voter therein, and a (name of party), that I am a candidate for nomination to the office of ' to be made at the primary •lection of said party to be held on , end hereby request that my name be .printed upon the official primary ballot, as ! provided by law, as a candidate of the '. party. Subscribed and sworn (or affirmed) to be fore ma date Sec, 8. That section five (5) of chapter three hundred forty-nine (349), General Laws of or.o thousand eight hundred ninety-nine (1809), be amended bo.as to read as follows: Section 5." The method or voting at such :primary election shall be by ballot, and all ballots voted shall be printed as herein pro vided. On the nineteenth (19th) day before" the prl- T.iAry election the secretary of state shall certify to the county auditors of the several counties the names of all qualified candidates of the several political parties to be voted for within such counties, whose affidavits have been filed with him as In this act pro vided: end on the fourteenth (14th) day be fore the primary election each county auditor ehall group all the candidates for each party by themselves, and shall prepare at once in •writing a separate ballot for each party for public inspection, which he shall ipost in a conspicuous place in his office, and ehall pub lish the same twice, before said primary elec tion day, In the official paper of his county, said publications being made one week apart. He shall then proceed to have printed a sep arate primary election ballot for each polit ical party which has qualified as hereinbefore .provided, these ballots to be prepared in the following manner: Each party ticket shall be absolutely uniform in color and size, shall be white and printed in black ink. Across the head of each bal lot shall be printed in plain black tyipe, first, the name of the political party on each ticket, following the words, "Primary Election Bal lot." On the next line end in smaller 'type shall be printed the words, "List of Candi dates for Nomination to Be Voted for in Dis trict " (naming the district that certain ballot Is Intended for) Ward (naming the ward that certain ballot is intended for), followed by the name of the city, town or village in which the ballot is to be used. On the next line, and to the right on the ballot, shall be a fac simile of the signature of the county auditor making up the tickets, followed by the words "County Auditor." The balance of the ticket is to be made up in the same ■ manner as the ballots used at general election, except that: The tickets are to be made up under the head in two <2) columns, with a design of parallel or. filigree rule one-quarter (1-4) inch wide, to separate the columns. . At the top of each column' shall appear the words, "To vote for a person mark a cross, X, in the square at the right of the name of. the person tor whom you desire to vote." Each one of these sentences at the head of each column shall be enclosed In a rule, the name as the names of each candidate, and at its end shall be a square directly over the squares in which) marks are to be made, that square to have a black cross, X, which shall show the voter how to mark the ballot. Beginning at the top of the left hand col umn at the left of the line, in black type, shall appear the position for which the names fo!,owing .are candidates, and to the extreme right of the came line the words "vote for," then the word "one," "two," or a spelled number designating how many (persona under that head are to be voted for Following this shall come the names of each candidate for that position, enclosed In a light face rule, with a square to the extreme right, the parallel rules containing the names to be three-sixteenths (3-16) of an inch apart. Each position with the names running for that position shall be separated from the fol lowing one by a black face rule to separate each position clearly. The positions shall be arranged as follows, provided nominees for such positions are to be selected in said county under the provisions of this act hereinafter provided: First, Judicial; next, congressional; next, legislative; next, county officers; next, city of floere; in, all cases following under each head ing given, the rotation used in. the 'make-up of the various ballots at the general election. Seo. 4. That section sixteen (10) of chapter three hundred forty-nine (349), General Laws one thousand eight hundred ninety-nine (1899), be amended 6o as to read as follows: Section 16. All persons entitled to registra tion as voters In the election district on the day of the primary election, for the purpose of voting at the ensuing election, shall be en titled to participate in the primary election, but no voter shall receive a primary ballot or be entitled to vote until he shall have first been duly, registered as a voter then and there in the manner provided by law, upon which registration. (unless clufi lensed. nnd if challenged, then only in event that the challenge is determined in favor of the voter), he shall be entitled forth ivith, but not later, to receive a ballot of the political party with which he then declares (under oath. If his right thereto is challenged) that ■he affiliated, and whose candidates he generally supported at the last general | elec tion, and with which party he proposes to affiliate at the next election; provided, that a first voter shall not be required to declare his past political affiliation. Such ballot shall be indorsed with the initials of two of the Judges upon the back of the ballot at the bottom edge. A Judge of election shall Instruct the voter that he is to vote for his choice for each office, using only the ballot of the party .with which he affiliates, and that he must return the ballot folded with the edges upon which are the initials of the Judges up->er- Jtraost. . * . Sec. 5. That section eighteen (18) of chap ter • three hundred forty-nine (340). Gen eral IJaws of one thousand ; eight hundred ft^ioTlo^s? (1899). be amended so as to read Section 18. "Whan en elector has prepared fua ballot he Bhall fodd the sama -with, tho OFFICIAL PUBLICATION OF THE GENERAL LAW 6OF MINNESOTA PASSED DURING SESSION 0 ' ?dges upon which are the Initials of th» Judges uppermost, and so folded as to conceal the lace thereof, and all marks thereon,' and, shall hand the same to the judge of primary elec tion who Is in charge of the ballot boxes. V The folded ballot, when returned, shall- ba placed in the (proper ba.lot box, and the name at the voter shall bo checked off upon eaid registers in the column headed primary elec tion. Except as herein otherwise provided, the fol lowing sections of . said general election law are hereby made applicable to primary elec tions held under this act. to wit: Sections seventy-one (71), seventy-two (72), eighty-nine (M»), ninety (90), ninety-one (01), ninety-two (92),- ninety-three (03), ninety-four (04), ninety seven (97), ninety-eight (98), ninety-nine (99), one 'hundred one (101), one hundred two (102). one hundred three (103), one hundred four (104). one hundred five (105). one hundred six (IOC), one hundred seven (107). one hundred eight (108). one hundred nine (100), one hundred ten (110). one hundred eleven (111), one hundred twelve (112). one hundred thirteen (113). one hundred fourteen (114). one hundred fifteen (115), cine (hundred sixteen (110). one hundred seventeen (117), one hundred eighteen (118). Sec. 0. That section twenty (20) of chapter three hundred forty-nine (340), General Laws one tlhousand olght hundred nlnetty-nina (1899), be amended so as to read as follows: section 20. Upon the completion of the mat ters prescribed in the last section, the clerks and judges of registration shall immediately open the ballot boxes at each polling place and proceed to take therefrom the ballots. Said officers shall count the number of ballots cast by each party, at the same time bunohln# the tickets cast for each party together in separate piles, ana shall then tasten each pile eeparate ily by means of a brass clip, or may use any means which shall effectually fasten each pile together at the top of each ticket. As soon as the clerks and Judges shall nave sorted and fastened together the ballots of each separate. party, then they shall take the tally sheets provided by the county audi tor and shall count all the ballots for each party separately until the count is completed, and shall certify to the number of votes cast for. each oamdidaito for each office upon the ticket of each party. They shall then place the counted ballots In the box, but in no case shall they separate them from each other. After all have been counted and certified to by the clerks and Judges they shall seal tho returns for all parties in one envelope, to be returned to the county auditor. Except •as herein otherwise provided, the matters pertaining ..to tho canvass of votes shall be conducted in the manner proscribed by the following sections, as tunendod, of such general election law, and the same are hereby made applicable to primary elections held under tills act, to wit: Sections one hundred end twenty-three (123), one hundred twenty-five (120). one hundred twenty-six (120), one hundred twenty-seven (127), one * hundred 'twenty-eight (12»), one hun.iroi twenty-nine 029), one hundred thirty four (131). ono hundred thirty-five (135), one hundred thirty-six (136), one hundred thirty . .-even (Kt7), one.-, hundred thirty-ei^ht (138), one hundred forty-eight (148), one hundred forty nine (J4O). Sec. 7. That section, twenty-three (23) of chapter three hundred and forty-nine (349), General Laws of IS9O, be amended so as to read as follows: Section 23. The clerk of the district court of the. county, the county auditor, the chair man of the board of county commissioners, and two Justices of the . peace of the came county, of opposite political parties from that of the majority of the other members of the canvassing board, If possible, - to be selected by the Judge or Judges of the district court, shall constitute the county canvassing board for the purposes of the primary election, and shall meet at the court house In tbe county at ten o'clock in the morning of ■ the second day after said primary election, and shall proceed, after taking the usual oath of office, to openly and publicly canvass the primary election returns made to the county auditor. . Provided, however, that no person who shall ; be a candidate at any primary election shall be eligible to act as a member of said can vassing board, and if any vacancy occurs in. said canvassing board ■by reason of the in ellgribility of any of the hereinbefore mentioned persons to serve, said vacancy shall be filled by the Judges of the district court of the county wherein the said primary election is heM, by appointing to fill such vacancy some duly qualified elector of said county, who Is not a public officeholder. Any three of said canvassing board shall constitute a quorum, and are authorized to make the canvass herein provided and to cer tify the results thereof. The canvassing board shall not wait until all the returns are at hand before beginning, but after filling out their sheets with the names and number of the election districts, they shall take such election returns as are at hand and fill in tha results there shown, and when the returns are not at hand they fihall leave a space until the missing returns are brought in. Said canvass shall be completed by the sold county canvassing board as to all candidates' being- voted for In other counties, by the even ing of the third day following said primary election, and the result certified to the secre tary of state immediately, as hereinafter pro vided. Sec. 8. That the last subdivision of section twenty-four (24) of chapter three hundred forty-nine (349). General Laws one thousand eight hundred ninety-nine (1899), be amenlded so as to-read ,as. follows: . 3. A statement of the whole number of electors registered and the number of ballots oast,'.- male afid -female, separately at such primary election. If two or more candidates for the same po litical party are "tied" for the same office, the "tie" shall be determined by lot to be oast then and there by and as the canvassing board may determine It shall be the duty of the county auditor, upon the completion, of Its canvass by said canva&sins board to certify to the secretary of state the vote, as shown by such statement for all candidates to be voted for in more than one county on or be fore ten (10) o'clock of the morning of the fourth day following said primary election, and to mall or deliver In person to each candidate to be voted for In Oils county alone, by said statement shown to be bo nominated, a notice of such fact, that (his name will be placed upon the official 'ballot at the ensuing election, provided a fee to be named therein. Is paid on or before the day to be named therein, In each case the s>ame to be named In accordance with the fee end date required by said general election lew, and a notice further that his name will not be placed upon the ballot If said fee is not paid by such time The officers who are charged by law with the duty of canvassing returns of general elections made to the secretary of state shall also open and canvass the returns made to him of' any primary election, under this act, at the usual time and place, meeting for the purpose on the seventh . (7th> day following said primary election. They shall determine any 'ties" between candidates in the same manner as In in, their canvass for general elec tions. Upon the completion of said canvass, It shall bo the duty of the secretary of state to certify to the several county auditors the names of the persons found, to be nominated for all the offices to be printed upon their county tickets, and to mail to each candidate shown by such state canvass to be nominated for any office a notice .of the fact and that his name will . be printed upon the proper official ballot for the ensuing j election, upon the payment by such candidate for the proper nomination fee to the proper officer, as pro vided by the general election law. Sec. 9. That section twenty-five (25) of chap ter three hundred and forty-nine (349), Gen eral Laws of one thousand eight hundred and, ninety-nine (1899), be amended bo as to read as follows: Section 25. The persons • Those names are so properly placed in said nominated state ment shall be and constitute the nominees of the several political parties In which they ■were candidates, and such names shall be printed upon the official ballot prepared for the ensuing election in like manner as If such persons had been duly nominated by a party convention of delegates, with the certificate thereof filed as required by said general elec tion law; provided, no name shall be placed upon the ballot for said ensuing election unless tho further fee required by saM general election law Is paid within the time therein required, as in case of filing certificates of nomination j from conventions. No names of candidates, when name was- upon tihe primary election ballot under the provisions of section 4 of this act, shall be placed upon the official election ballot unless such candldatas have been chosen in accordance with this act ex cept in case of a vacancy occasioned by the death, removal or resignation of any candi date so chosen or arising otherwise, and in such event the campaign or party committee of the same political party, or if there be no such committee, then a mass convention of such party, may fill such vacancy, the name of euch new candidate to be certified under oath to the secretary of state or county auditor or auditors, or both, as the case may bo. by the chairman and secretary of such committee or convention. Sec. 10. All acts and parts of acts Incon sistent with this act are hereby repealed. Sec. 11. This act shall take effect and be in force from and after September Ist, 1901. Approved April 10t!h, 1901. CHAPTER 217-«. F. NO. 856. AN ACT relating to the addition of territory for public park or cemetery purposes to ail villages incorporated under the General Laws of the State of . Minnesota. Be it enacted by the Legislature of the State of Minnesota: ■ -. .• • . Section-1. « "Whenever any village Incorpora ted under the General Laws of the State of Minnesota acquires the title of any territory adjacent to and adjoining 6uch village for public park or cemetery purposes, the village council of any such village may by ordinance declare the came to be an addition to such village, and thereupon such territory plhall be come a part of such village as effectually as if It had been originally a part thereof. Sec. 2. All acts and parts of acts inconsist ent with this act are hereby repealed. Sec. 3. This act shall take effect and be In force ram and after Its passage. Approved April 10th, 1901. ■ CHAPTER 21S—H. F. NO. 307 AN ACT- to amend section one (1) of chap ter one hundred and twenty-two (122) of ■ the General Laws of Minnesota for the year one thousand eight ■ hundred and eighty eeven (1887), being an act entitled "An act . denning school. holidays." >.i -■; Be it enacted' by the Legislature of the State of Minnesota: ■ Section 1. That .section one (1) of chapter one hundred and twenty-two (122) of the- Oenoral Laws of Minnesota for"th» year one J,cc-';, <1 . eight hu™Jr«l and eighty-?even (I8S7). being an act entitled, "An act defining school holidays," be amended so as to read as follows: Section 1.- In every contract between any teacher and board of • trustees or board 1 of education, a. school month shall be construed amid taken to be twenty (20) days, or four• (5§ I weeks of five (6) school flays each. And no teacher shall be required to teach j school oa Christmas day; the first day of January; the ■ Fourth of July; Memorial day; 1 the twenty-sec ond day\of February; the first Monday In Sep tember, commonly ■ known• as Labor day; the twelfth day of February, the anniversary •of tho birthday of Lincoln, or on the day appoint ed by the president- of the United States' or the governor of the state as a day of Thanks giving; ■ and no' deduction from the teacher's time or wages shall be made by reason of the fact that a school day happens to be one of the days referred to In this section, and any contract made In violation of this section shall have no force or effect as against the teacher. ■ . ■ • -' Sec. 2. This act shall take effect and bo In force from and after It* passage. . •■ • ■ Approved April 10th, 1901. CHAPTER 218— H. P. NO. 881. AN ACT to legalize the proceedings for the Incorporation of certain societies under title three (3) of chapter > thirty-four (84) of the General Statutes of one thousand eight hun dred and • seventy-eight (1878), and all busi ness done by said societies pursuant to such attempted Incorporation. Be it enacted by the Legislature of the State of Minnesota: Section 1. That when proceeding* for Incor poration under title three (3) of chapter thdrty four (34) of the General Statutes of one thou- [ sand eight hundred and seventy-eight (1878) have heretofore been' had or taken -by any i persona, and the corporation so formed, or j attempted to be formed, has entered upon the transaction of business without having filed Its articles of Incorporation, both In the of llc© of tbe secretary of state and In the of fice of the register of deeds of th» proper county, but has filed them In one of said of fices, said proceedings for such Incorporation, If otherwise .conformable to law, and such society or persona have since filed or shall within sixty days after the passage of this act file said articles of Incorporation, In the other of said offices, are hereby, legalized and made of the sama validity and force as If said articles had been filed In both Bald of fices, and all acts, contracts or proceedings of such corporation, Its trustees, officers and agents authorized by the articles of Incor porations and by-laws thereof, are hereby le galized and confirmed and made of the same validity as though such articles had been filed both in the office of the secretary of slate and in the office of the 'register of deeds for the proper county, before such business has bean transacted. : : Bee. 2. This act shall tatoe effect and be In force from amd after its passage. Approved April 10th, 1001. CHAPTER 220— H. P. NO. 370. AN ACT to .amend section three thousand ninety-six (3096) of the General Statutes 1804, being section two (hundred forty-nine (240) of chapter thirty-four (34). General Statutes 1878, as amended by Laws of ISBS, chapter seven (7), relating to the power of cemetery associations to hold land. Be It enacted by the Legislature of th* State of Minnesota: Section 1. That section three thousand ninety-six (3006) of the General Statutes 1804, being section two hundred forty-nine (249) of charter thirty-four (34), General Statutes IS7B, ass amended by. Laws of 1886, chapter Feven (7) bo amended so as to read as fol lows : "Any association, incorporated agreeably to the provisions of this title, may take by pur chase or gift, and hold within the county in j which the certificate of their Incorporation la recorded, not exceeding three hundred) (300) | acres of land, to be held, actually used and j occupied exclusively for a cemetery for i the burial of the dead; and for purpose? necessary or proper thereto; such land, or such portion thereof as may from time to time be required for that purpose, shall be surveyed and di vided into lots of such size as the trustees di rect, with' Euch avenues, alleys and wallas as the said trustees deem proper, and a map of such survey shall be Hied and recorded In the registry of deeds of the county in which the lands lie. And whenever any such corporation which Is the owner of a burying ground or place of eepuature wishes to enlarge the limits of the same, and cannot agree with, the owner or owners of the land proposed to be taken for such purpose, application may be made to the district court of the Judicial district and in the county wherein said land Is aitu ated, giving twenty days' notice thereof to the owner or owners by leaving a copy with him or them,#or at their usual place of abode; and said court shall appoint a committee of three disinterested persons, who, having been sworn faithfully and Impartially to discharge the duties of their appointment, and, after giving at least five days' notice to the owner or owners of the time and place of their meeting, shall proceed to examine the prem ises, and determine on the propriety, public necessity and convenience of such enlarge ment, and upon the quantity, boundaries, damage and value of the . land which they shall deem proper to be taken for that pur pose, and make report thereof In writing to said district «court by filing the same in the office of . the clerk thereof; and shall give the same notice of the filing or their report as of . their meeting; and .the parties Interested ; may appear before said court, and be heard thereon, at sucih . time as the court shall ap point. 'And" if saM committee shall report that sue*, enlargement Is proper,. and. that public convenience and necessity require the same, and the court shall accept such report, tha decision of such court thereon shall have the effect of a Judgment; and execution may be issued thereon accordingly in favor of the per son or persons to whom damages may be as sessed for the amount thereof; but said land shall not be taken or enclosed, or used for that purpose, until the damages so assessed shall be paid to said owner or owners, or de posited with . tihe treasurer of the county for his or their use, -which shall be done within thirty days. after such report shall be accept ed; and the title to said; land shall thereupon become vested In such association; and a copy of the report of said committee, and of the Judgment of the court thereon, certified by the clerk thereof, together with, a certificate of the payment of the damages ■ determined by the committee, sworn to by the president and treasurer of said association, shall be recorded in the office of the register of deeds of the county in which such premises are situated; and such record shall ba notice to all parties of the title of said corporation therein, and may be read as evidence of such title In all the courts of this state. Such association may also purchase, or take by gift, and hold personal property, and may sell the same, and apply the proceeds thereof to the purposes mentioned In section one hundred and seven of this title, and no other; and all real and personal estate which shall have been given or granted to any such ; association for the maintenance of any monument, the keep ing in good order' or the embellishment of any lot or grounds, situated within the ) en closure of such, association, shall remain for ever to the uses to which the same shall have been given, or granted, according to the true Intent of the grantor." Sec 2. This act shall take effect and be In force from and after its passage. r< Approved April 10th, 1901. CHAPTER 221— H. P. NO. 407. AN ACT authorizing and regulating appeals from the allowance in whole, or In part, by the village council of claims against any of the villages in the State of Minnesota. Be it enacted by the Legislature of the State of Minnesota: Section 1. Whenever any claim Is allowed In whole or In part by the village council of any village In the State of Minnesota, no order or warrant shall be Issued- In payment of such claim, or any part thereof, until the expiration of ten (10) days from the date of such allow ance. ; . At any time during the ten (10) days named In this section, any five (5) tax-payers of said village may file with the village recorder of said village a notice In writing, signed by each of said five taxpayers, which notice shall state in effect that the persons signing said notice appeal to the district court of the county within which said village is located, from the allowance of said claim, which notice shall specify the claim and the date of its allow ance, and the amount allowed. Upon filing such notice, no order or warrant shajf issue for the payment of such claim or any part of same until the district court of soldi county shall dispose of said appeal. Sec. 2. It shall be the duty of th recorder of said village, upon receipt of said notice 5^11? to file the same In his office! and forthwith to file with the clerk of the d strk-t , court of said, county a certified copy of ©aid claim as made out by said claimant,* and also of the action of the village council thereon and also a copy of sold appeal. Upon fllinfc ! said return and copies, the district court shall i be deemed to have acquired Jurisdiction of said | subject matter and the parties thereto, and may i compel a further return or an ' amended re turn -to be made to the same extent as in civil actions in said court: and In the same manner as In cases of any appeal from a Judg- ! ment of a Justice of the peace. Said parties I signing said notice of appeal shall pay to said «r££^ at th V™ 9 Of filing said notice of return V CentS f°r malcln S ♦ i,SeCV 3. After said return has been filed wrth .the clerk of said district court, said clalman* or said parties signing said appeal, or any" o com*' ,m, ay b. rin s.on for hearing the matter of paid claim at any general term of said court In the Fame manner and under the same rules Cf ,re eduro *" any other matter pending in ' BM d sl Tiot f^.orthß same may be con? ' sldered by said court, at any special term ot at ♦ chambers. by consent of the parties inter. ' osted therein. Said court may direct pleading to be made 1 and issues to be Joined In caM matter should said court deem th© same ad visable or proper.: . ■ Sec. 4. Upon tho hearing of said cause tin. validity of said claim and the amount thereof shall be passed upon and adjudicated nereor In said district court . said claimant shall Ooln l id *redl9,, tha -as&s said action said village shall be considered aa the de fendant in Bald action, and said parties taking rU™*** S 1?" ** lUJned appellants Costs and disbursements may be taxed end 52KL 5f ween Ba"i Pontiff and said ap pellants, the same as in any other action pend ing in said court, but no costs or disburse ments shall be allowed or taxed. In any event against. said village. In the event said claim Or any part of same Is allowed by Sd court hen the amount of Paid claim allowed shall ■ be entered as a judgment, as In other suit, railing in said district COUrt against said i village, and the process of said court may issue for the collection thereof in favor of said | claimant or plaintiff.-;., • . ■ ■. . Sec. 5. This act'shall <££*£* and bo in force from end after - its passage \ Approved 'April 10.- 1901. [ _ CHAPTER 222— H. F. "no. 409. * ?■ AN ACT legalizing"- certain v mortgage fore -closure pales heretofore made. v •■' r- V Be it enacted by • the' legislature of the State of Minnesota: ' t"J*-V''-: '"' •.•■■•'• Section 1. Every mortgage ; 1 foreclosure sale heretofore, made . under • a ' power of Bale in the usual form contained' In any .mortgage ex- : ecuted under the laws., of: the State of Min nesota, and recorded Injthe office of the proper renter .of deeds, of. real property I within. the limits of this state, 13, together with the record of such sale, legalized : and:: made valid and effective to all Intents and purposes as against the' following objection, namely; > First— the 5 notary . publio in" taking the acknowledgment to any, powar .of attorney au thorizing the foreclosute"; of/;., any • mortgage failed to attach the proper notarial seal thereto. Sec. 2., The provisions of .this act , shall not affect any action now pending'hi any court of this etate. . '.'■ :."•:;• ■■ ;t'\ .'■.'., ■.'. ' . Sec. 3. This act shall take effect and be In force from and after Its passage.' ' Approved April 10, 1901. .... . CHAPTER 223— H. tF. . NO. 41T. ' ' AN ACT to legalize bonds . heretofore - Issued by incorporated villages, purporting to have been issued pursuant to chapter 200 of the General Laws of Minnesota for the year 1893.' Be it enacted by the Legislature of the State of Minnesota: .... : ■",,.. Section 1. That In all cases where the vtt laire council or other similar body in any vil lage- of this state shall have, heretofore Issued the bonds of that village to raise money for the purpose of making, ; erecting, establishing and controlling water-works for. the supply of water for publio and private use, purporting. to have been Issued pursuant to the terms of chapter 200 of the General Laws of Minne sota for the year 1593, approved April 10 1893, which bonds have been actually nego tiated, and the village has received the pro coeds thereof, and the amount of which bonds is such that the aggregate bonded: Indebtedness of said village does not exceed fifteen per cent of the assessed valuation of the taxable property of the village as indicated by the last assessment of such property, preceding the Issue of suoh bonds, and whiah bonds are. pay able In not more than twenty years from the date of issue; said bonds so Issued are hereby In all respects legalized a*!:', made binding and valid obligations of toe village which bias Is sued the same,, according to the terms and at the rate of Interest In Bald bonds specified notwithstanding the amount of which bonds Is pueh that the aggregate bonded indebtedness of such vl'lag-e exceeds ten ,per. cent of the assessed valuation of th« taxable, property of the village at the time of tholr issue; pro vided this act shall not apply to any suit now pending relative to the legality of any bonds ©o issued. • - •. • ■ Sec. 2. This act shall take effect and be In force from and after Its passage • - Approved April 10, 1901. , • ; • CHAPTER 224— H. ■F. NO. 435. AN ACT to amend, chapter forty-eight (48) of the General Laws of . Minnesota for eighteen hundred ninety-seven (1897), relating to cor . porations organized for i the purpose of oper ating private cemeterlos and crematories. Be It enacted by the Legislature of the State of Minnesota: ". - Section 1. That chapter forty-eight (48) of the General Laws of Minnesota for eighteen hundred ninety-seven (1897), Lv». and la hereby amended! so as to read as follows: '■ "Section 1. - Any corporation heretofore' or .hereafter formed pursuant to the provisions of title two (2). chapter thirty-four (34) of the General Statutes of eighteen hundred ninety four (1894). which In its articles of incorpora tion declares, or shall declare. Its sole business to be the procuring and holding of lands to be used exclusively for cemeteries,. and the procuring, holding- and operating of a crema tory, shall have perpetual succession. "The provisions of sections 3003 to 8095, roth inclusive, section 3097, and ' 3104 to 3124. both inclusive, of title five (5). chapter thirty four (34) of the General Statutes of eighteen hundred ninety-four (1894).-; arid acts amenda tory thereof, shall In all respects apply to such corporation; provided that any corpora tion so formed which Shall cease to carry on the business of a cemetery or crematory, or shall engage In any other business, shall there by forfeit, Its clharter on the suit of the attorney general. It shall be lawful, ■ however, for such, corporation' to maintain and operate a green bouse In connection with a cemetery or crema tory. . ■'•.-. „ - .-.■:■■ "Sec. 2. The permanent care and improve ment fund of such corporation, until the same shall amount to the sum of ten thousand- (10, --000) dollars, may be deposited by such corpora tion in any savings bank organized under the laws of the State of Minnesota." Sec. 3. This act shall take effect and be in force from and after Its passage. Approved April 10, 1901. j CHAPTER 225-<H.-."P. 1 NO. 467. AN ACT to amend chapter thirty-one (31) of the General Laws of the State of Minnesota »for the year 1881. being: section 2749 of the General Statutes of 1894, relating to corpora tions and to ,the building 'of .' extensions; and branches of railroads. .. ,!. *„'". Be it enacted by the Legislature of the State of Minnesota: . 'v,-(, .; ;': .,. r .' .... Section 1. That chapter thirty-one : (31) of the General Laws of the State, of Minnesota for tli-e- year 1881. being section' 2748 of. the General Statutes of 1894, be amended; to read as fol lows:;. , ; ■ ..- •_ ■ ; ,;j- ■. x-1 a^-v- -a.--,,;. • ■-- "Any 'railroad.-corporation* may, under the provisions of ■ tlhls ' dhaipter. extend Its railroad from any point named In Its charter, or articles . of incorporation, or may build branch railroads either from any point on its line of railroad or from any point on the line of pny othar rail road connecting or to be connected with its road, the use of which other road between such points and the connection. with its own road such corporation shall have secured by lease or agreement for a term of not less than ten years from its date. . Before making srch extension, or building such branch road, such corporation shall,. by resolution of its board of directors.' to be entered 5n the record of Its proceedings, designate the route of srioh extension or branch, ■ a copy of which, and a plat or map thereof, duly certified by such corporation under the eeal thereof, signed and verified by the president and eecretary of such . company, and file tho same In the cinco of , the secretary of state of this, state, who shall record the same In the book to be provided for that purpose. Whereupon such corporation shall have and exercise, with respect to such extension or branch, all" the rights, powers, franchises and privileges possessed by such corporation pertaining to its main or other line of railroad, but no right, of way over any private property or any street or highway in this state shall.be acquired In. any other man ner than as provided. in this chapter; and all the provisions of tills ■ chapter shall apply thereto. And may receive municipal and ether aid In the construction of such branch or ex tension aa now or thereafter authorized by the general laws of this state, /"-provided, that the provisions of this act shall not apply to street railroads or street-railroad companies." Sec. 2. This act shall take effect and be in force from and after its passage. Approved April 10, 1901. - CHAPTER 226— H. F. NO. 4M. AN ACT to . authorize and ' empower th«, city council. of cities; in. this .atato, which now ■have, or hereafter may have,, not more than fifty thousand inhabitants, to change the names of and to rename any of the streets, avenues, public highways, 1; parks and public grounds of such cities. ■ '." . . '. Bo It enacted by the Legislature of the State of Minnesota: %C> Section 1. That the city .council of each city In the State of Minnesota; which .now has, or hereafter may have, no more than lifty thousand (50,000) inhabitants, Is hereby au thorized and empowered to change the r.ame of and to rename < any of tho streets, lanes, avenues, public highways, j parks and public grounds of such city. -.-.-. Sec. 2. Such change .In name or renaming of any street, avenue or public way in such, city shall be done by ordinance passed by. an affirmative vote of two-thirds (2-3) of all the members of such council.^iUvery ordinance so passed shall be signed by the. president of such council and attested ■ by tho . clerk or j recorder of such olty, and on the; next day after the •passage thereof the same.shall.be transmitted by such clerk or recorder> to • the mayor of such city for his approval; if the said mayor approves the same he .snail append his slg rature, with the date of his approval, thereto, and return the same to the clerk 1 or recorder within five (5) days (Sunday excepted) from the date of its transmission to him; and If he declines to approve the samo he shall, within ■ said period of five (5) days (Sunday excepted), I return the same to the clerk or recorder with I a statement of his objections thereto, to be presented to the city council at its next meet ing thereafter. : • j Upon the return of such ordinance to the city council, withojt the mayor's approval, the question shall again be put upon the passage of the same, notwithstanding: the objections of the mayor thereto, and if upon such vole, which shall be taken by a call of the ayes and noes, threo-fourth3 of all the menbers of said coun ell vote In favor of the passage of such ordi nance, the same shall be declared passed and shall have the same fore» and effect as if approved by the mayor. If such ordinance so transmitted to the mayor shall not he returned by him to the clerk or recorder within said five (5) days (Sunday ■ - «xcepted) from the presentation thereof to hlrr, tho same shall be deemed 1 to be approved bj him an.i he shall deliver the same to the said cleric or recorder, on demand. •■; " •' *rt.4 :, •-•; ■ ■ ■".-. ' Sec. 3. Such ordinance, after ■ the - final :• pas sage thereof, ehall be rpublished once In the official ' newspaper of such city, ■ and shall im mediately ■ ■ thereafter be recorded in the office of the- register of deeds In and for the county in which such city is located. . Sec 4. This net shall tabe effect and be In force from and after Its passage. - - Approved Apnl 10, 1901. ri -j ■;- - . L : CHAPTER 227— H. P. NO. 473. , . AN ACT to legalize and make valid the In corporation of church ; • societies In certain cases. ." '. • ;.-. ■ ■-*— f«ji*- ;. ■ .;.:*% .r .;.. Bo it enacted by .the- Legislature of the State .. of Minnesota: -■■J'At l |':. .;.. v-.- ■^..■■;. Section 1. That all and singular the acts end proceedingH- had and..done, or attempted to be .had :or done,:•' by and on behalf of the members and officers "or official boards,' or either, of any rellgloua eoclefy. or congregation of this state, or any person ■whomsoever,'-, to Incorporate as a church eocSety ior religious corporation under j any rof Ins Jaws of this state, which Incorporation' or attempted incor- r poration Is '•Incomplete*, or ; InmMii by reason of informalities in such', acts aiid procee'dinss or by reason of a failure to. comply - with tha statutory requirements-; and provisions in : re gard to such .Incorporation, jure hereby legal ized and mad©' valid. «And the incorporations bo attempted are hereby in all (respects legalized and ■ confirmed v and ; declared valid, i and <• such societies or persons co .- attempting , to lncor -1 ■ porate themselves ..as'- corporations; are hereby declared properly and legally. Incorporated; and all rights, privileges and v titles .to property received and acquired by suoh bodies are here by: confirmed ana established In such corpora tion. ,■, ■ ; .. ' ■...' ■■.-■,.; ■: .\ x .r. ■ . Seo. 2. Nothing herein contained ehall affect the rights of parties In any action now pending. Sec, 3. Thin act shall'- take effect and re In force from and after Its passage. ' .Approved April 10, 1001. ;•■••;:;.: ;■■;■.-— \, -: . CHAPTER 223—1 T. NO. V.34. AN ACT to provide for liens upon horses and other animals for the ".cost of shoeing I the : sa-nve. ...'.■ •■ ■ .•.-■•-..■ ri- -. .. .:■■•.■' '-•■'■ Be It enacted by the Legislature of the State lof Minnesota: ■ . ■ --.: ■ ■•■ ..- >1 • - . ,- •-. . Section 1. Every pen»cn who shall shoe or cause to be »hoi by his employes any horse, mule, ox or other-animal shall have a lien upon the animal shod for. hie reasonable charge for the. shoeing of the same, and -each lien conferred by < this act shall take precedence of all other claims or liens thereon not duly recorded - prior to the recording of the claim of lion,-- as hereinafter provided, but such, lien Bhs.ll not attach where the property has changed ownership prior to the tiling- of such lien. - . ' . Sea.' 2.- Any person desiring to•secure the benefit of this act shall, within six (6) months after the shoeing of such horse, mule, ox, or other animal, or In case he shall have shod uuch animal more than once within that time, then within six (C) months 'of - the last shooing-, file with the township clerk, or the city clerk, as the case may be, In the township or city In which such animal Is, a statement made under oath by the claimant, or some one In (his or her behalf, and a notice of his Intention tc : claim a lien upon' such animal for his charges for the shoeing lof the same. ■- " . Sec. 3. Such statement and notlco shall state the name •of the person claiming' the lien, the name : of the owner or reputed, owner of the animal sought to be oharg-ed with tho lien, and a description sufficient for identification of the animal upon .which the animal is claimed, and the amount dua the claimant, as near as may be, over and abovo all legal set-offs. Sec. 4. Any reason may file successive liens upon the same, animal for charges for shoeing the. same, and lie may Include In any one claim of .Hen. his charges for any number of times of shoeing such animal; provided, how ever, that no lien ehall be had for any shoe ing of any animal done more than < six (0) months prior to the filing of the notice of lien. Sec. 5. It shall be the duty of the township or city clerk, as the case may be, upon: the presentation to him of any such statement and notice of Hen, to file the same in his offloe. In the same manner as provided by law for the filling and recording:. of chattel mortgages; and ho shall be entitled to charge and receive from the person filing suoh I statement and notice a fee of twenty-five (25) cents, and' no more. ; Sec. 6. A copy of. such statement and. notice of lien, filed as aforesaid, certified by the town ship or ■ city clerk as the case may be, shall be received In evidence In any proceeding taken to enforce the lien heroin provided for, buit only of the fact that such ttatement and no tice of lien wan received and filed according' to the indorsements of . the ; township or city clerk thereon, and of no other fact. ..,. Sec. 7. .The person having, such lien shall, ■within six months from and after the date of filing such Hen statement, commence suit for • the, recovery of such charges by summons. In the' usual form, before any' justice of the ,peace of the township In which he resides, or In any court, as the case may require, against the -person liable for the ■ payment thereof. But before ■ any such. Hen " claimant 6hall commence any action to | foreclose . such Hen, he' shall give the person ' against whom he proposes to .bring such action at least twenty (20) days' notice In writing of hla intention to foreclose such lien. - .. . . Sec. 8. Jf such summons be returned per sonally served upon the defendant, ■ the sama proceedings shall thereon, be had In all re spects as In other suits commoncel by sum mons, : in which there' is a personal service, of process; the judgment shall be rendered In such Emit in like manner as Judgments', are now rendered In civil actions. - ". ■ '..'■'. ' - Sec. 9. If the officer return upon such sum mons that the defendant cannot be found In this county, .the same proceedings shall be had In all respects, .as near as may be, as In suits commenced by attachment In which there Is not a personal service of the attachment upon the defendant, and Judgment shall ,be rendered in such suit In like manner as Judg ments are now ren-ler^d Hi such actions. Sec. 10. • If the plaintiff recover Judgment In such suit, execution shall be Issued thereon In the same manner and with like erect as upon judgments now rendered in suits com menced by attachment, and the hcrse, mul«, ox, or other animal, upon which the plaintiff holds such Hen, shall not be exempt from execuitlcn, but may he sold to satisfy such exe cution In tho 6am<» manner as if it had teen seized and held, upon ■an attachment In such BUit. . -. ■ . Sec. 11. All expenses which shall have been Incurred by the person having such llpn after the same accrued shall be an additional hen upon the property, and; shall be computed and ascertained upon »he trial or . assessment of .'damages, and included In the judgment. : ■', '■ Sec 12. In all suits or attachments' prose cuted ! under the provisions of this, act, the . court. ■'. Jury or Justice of the peace i who j shall try the- same, or. males'an assessment of dam ages therein; ;jha.U, m addition .to finding the sum due. the plaintiff, also nri-1 that -the Fame is due- for the cost k' I'&r*6h3erns the horse." mule, ox, -or other' animal described In plaintiff's declaration, and is a H-mi .upon the same; provided, however,. that II lie .court. Jury, or Justice of the peace fhall nn-1 that the amount due the plaintiff Is not a lion upon the property described In the. plalntifi'-j declaration, the plaintiff shall not be non-suited thereby, but shall be entitled to judgment as in. other civil action; but in such case said plaintiff shall riot recover or tax any costs other than those al lowed and taxable In ?u2h case; and in those cases where the amount clue is found to be a lien upon the property mentioned In plaintiff's declaration, the finding or verdict may be In the following form: <The court, lurors or jus tice, as tho case may l>e) say that there is clue the sum of — dollars from the said defendant, and th.it the same is» due for plaintiff'^ reasonable charge* for I shooing the (animal mentioned. In plaintiffs declaration (giv ing a - description sufficient for identification of the animal), and that the plaintiff has a lien upon said animal for said amount. Sec. 14. This -ict «hall take effect and be in force from and aft»r l's passage. Approved April 10. !801. CHAPTER 229— H. F. NO. 867. AN ACT to amend chapter two hundred twen . ty-one (221) of the Laws of. eighteen hundred ninety-seven (1897), as amended by chapter two hundred forty-two (242) "of the Laws of eighteen hundred ninety-nine (1899), en titled ""An act for the preservation, propa " gation, protection, taking, use and trans ■ portation of game and. fish." ■ ■■'■■• Bo it enacted by the Legislature of the State of Minnesota: . .. ; ' ' :, : Section 1. That section on«.» (1), of chapter two hundred twenty-owe (221), of the. Laws of 'eighteen hundred ninety-seven. (1807), be and the same .is hereby amended to read as fol lows: > , ..' - ; ; .. . Section 1. There la hereby created a board, to be tanown an the Board, of -Game and Fish .Commissioners of the State of Minnesota, which board shall consist of five (5) ■ members, .to be appointed by the governor as soon as this act is signed and takes effect, . They shall serve without compensation, I but eacih shall be reimbursed for his actual expenses, cer tified by. him with a statement. of items, | to have been necessarily incurred In ithle perform ance of Ms official duties. Sec. 2. That section two (2) of chapter two hundred twenty-one (221), of the Laws of eighteen hundred ninety-seven (1897), ibe and the same is hereby amended so as to read as follows: ■■ ■ ■ Section 2. t Sold commissioners shall be ap pointed as follows: ■ ■ ; .- .- I One (1) for a term, of two (2) years, two (2) for a term, of three (3) years, and two (2) for a term of four (41 years, and; thereafter, upon the expiration -of said terma | of office, the sarnie shall be filled for the full term, of four (4) years. ;• . ■■... - ,- Section .14 of chapter two hundred twenty one (221) of the Laws of eighteen hundred ninety-seven-(1807), be and the same is here by amenidlpd bo as to read as 'fallows: Section 14. No person shall hunt, catch, take, kill, ship or have in possession, any elk, at any time, except that deer may be killed be . tween November the 10th and November 80th ' of the same year but no person, shall kill I more than three (3) deer in any one season, provided that no buck, doe, deer or fawn shall be offered for sale or sold at any time. And provided further, that when any deer has been lawfully killed, they may be had in possession for five (5) days after the time herein limited for killing the same, and bo used In the manner herein allowed, but not otherwise. It shall be and Is hereby made unlawful for any ipexson to ship or cause to be conveyed by any public or private convey ance, at any time, any elk, moose, caribou or deer, or any part thereof, except the same Is In the control of and accompanied by Borne person in charge thereof, othier than an- em ploye of a common carrier. Provided further, that it shall be and it Is hereby made unlaw ful for any person to ship or cause to bo con veyed In any manner aforesaid any of such animalis in excess of three (3) In number, dur ing any one (1) year, from and after November 10th, and whoever shall offend against any of t(no provisions of -this section shall be guilty of a misdemeanor, and \pcn conviction thereof efhaiia be punished with a fine of not less than ..fifty (50) dollars nor more than one hundred ($100) . dollars and costs of prosecution, or by imprisonment In the county jail ■ for not less than sixty. (60) nor more than ninety (90) days for each and every deer, fawn or elk, or ; any part thereof, Including- the hide and horns, so caught, killed, taken, snipped or !sad in -possession or under control. " Provided 'further, the shipment by express, by private or public carrier, to any ■ person within the state, when the party ;; accompanies the ship ment on the same train .or conveyance, shall not be deemed a violation of this section. Sea 15. No person shall (hunt, . catch, kill, ship or .lia/ve in possession or untiJer control, alt any time, any moose or | caribou, except that male moose and . male caribou • may ' be - killed between the fifteenth (15th) day of = November and the 20th-day of November.Mn the same year, but no person shall kill ■ more than one (1) moose • and | one - (1) caribou I in any one season.\ Amd provided further, that when any, male moose or male caribou ■ have. been law fully kHl««p.'-.thfiy may be 'hod In pospe^'on for. .five (")) dffya after the time herein limited for killing', the ramo, and be n°e<i in the manner herein allowed, but not otherwise. Whoever ehall. offend against' any ,of the provisions of this section shall be guilty of a misdemeanor, and • upon - conviction thereof ,• shall be pun ished by a'fine of .-not'less than one , toumdred (S 10(i). dollars nor '. more« than ; three - hundred 1 ($300) dollars and costs of prosecution, or by ■-. ... -, • . - - .............. . . f " imprisonment \ln j the county jail . for not leas than ninety (90) nor more .'.- then two hun dred (ZOO) ] days . for each and every moose or caribou, or any part I thereof, Including the hide and horns, caught, taken, killed, shipped or had In possession or under control. v* ■■:':,■ Sec. 3. This act shall take effect and be in force from and after Its passage. Approved April; loth.. 1901. - CHAPTER 230— H. F. NO. 671. . AN. ACT to provide. for the disposition of fines 'and penalties Imposed and collected at the Instance of the local boards of health. , Be It enacted by .the Legislature of . the State of Minnesota: Section 1. That all, fines and penalties . lm pofeied and collected on any grounds, at the In stance, of any local board, of health, shall be paid into the treasury of the county ■ In which such local board Is. located. ... ' Sec 2. All acts and parts of acts Inconsist ent herewith are hereby (repealed. , Sec 8... This act shall take effect and b* In force from and ' after' Its. passage. ' Approved April 10th, 1901. / \ ;. • . CHAPTER 231— H. F. NO. 681. AN ACT granting to persons, co-partnerships and associations the same rights to maintain ' telephone lines ano. exchanges that ore' now granted to corporations by j the laws - of the elate. ...... . , •. . • ,-. .- .. Be lit enacted by the Legislature of the State of Minnesota: ■ Section 1. There la hereby granted to per sons, oopartnertihips and associations the same rt«4it*, powers and privileges now . granted to i corporations' by the Taws of this atate to oper ate telephone lines and or ■the erection and ni&>!tni»nianae of. telephone poles, . telephone wires . and Nexc!hanKea. Sec 2. This act shall take effect and be In force from and after Its passage. Approved April loth, .1901.. .. CHAPTER 282— H. F. NO. 234. ■ AN ACT to amend aectlon 7610 of the 1594 General Statutes of Minnesota, the same be . hip section 4 of chapter 9. of ths General Laws of Minnesota for the year 1893. relat ing to the parole of Drisoners. ■ Be it enacted by the, Legislature of the State of Minnesota: j Section 1. That section 7510 of the 1894 Gen eral. Statutes of the State of Minnesota be, and the same la hereby amended bo at to read as follows: • • • ■ Section 7510. The board of managers of the Minnesota state orison shall have authority., under such rules and regulations as the gover nor may prescribe, to Issue a parole to any prisoner who Is now. ;or hereafter may be. Imprisoned in said state orison...whether com mitted on a time sentence-or on the reforma tory plan, or for life, provided:. ■■ 1. • That no convict shall be paroled who Is known to hare served previous sentence in any prison for felony. • •- . ■■• . . 2.' ,That no convict who Is serrlne a time sentence shall be paroled until he shall have served at least one-half of the full term for which he " was sentenced, not reckoning any Kood time. ".; .;* ' ', . - 3. ■ That no convict who is - serving ; under life sentence shall be paroled * until he shall have served under such sentence' thirty-five (35) years, less the diminution which ho would have been '■ allowed by law for (rood conduct had he been sentenced lor ■ a term of thirty five. (35) years. .•■ --' - .. .-.- : . ; That no such life .convict shall be paroled under the provisions ,of this act without the unanimous consent In writing of the members of the board of pardons, . nor unless It appears to the - board of managers that there is " a strong and reasonable' probability that he will live and remain at liberty without violating the law. and that his release Is not incom patible with the welfare of society. - ■" ' '- Geographical parole limits may be fixed In each such case, wholly within this state, which limits may be enlarged or reduced according to the conduct of the prisoner so paroled. 4. That such convicts, while on parole. shall remain In the legal custody and under the control of the board of managers, and sub ject at any time to be taken back within the enclosure of eaidr prison: and full power to retake and reimprison any convict so upon parole Is hereby conferred . upon said-.board, whose written order, certified by the warden, shall be sufficient warrant for all officers named in 'It to authorize such officers to return to actual custody any conditionally released or paroled prisoner; and it Is (hereby made the duty of all officers to execute said order: the same as ordinary criminal process. Any per sons paroled under the provisions of this act shall be returned to the actual custody by the board of managers whenever such persons shall exhibit himself or .allow himself to bo exhibited in any dime museum, circus, thea ter, opera house or any other place of pub lic amusement or assembly, where a charge is made for admission. .-' ; , , 5. That in considering- applications for pa role it shall be unlawful for the board of managers of the state reformatory to enter tain any petition, receive any written com munication or hear any argument from any attorney or other person not connected with the said prison or reformatory, in favor of the conditional pardon of any prisoner: but the said board of managers may. if they deem proper, institute lnaulries by correspondence, or otherwirse. as to the previous history or character of any prisoner.- ' . •;v. '■. ' Sec. 2. This act shall take effect and be in force from anil after its passage. CHAPTER 233—5. F. NO. 67. ■<■■' V .-.. AN ACT to revise.and codify the laws relative to buldldlng. loan and savings associations £ doing a general business In the State of Mln- Be lit enacted by, the Legislature of the State •~ of "Minnesota:;"" V ■ :; . v ■".-'- '" ■ ""-f _■" ■- • Section 1. Whenever any number of persons not less than ten (10), desire to be incorporated as a building. and . loan association, for tine purpose of accumulating the. savings and funds .of its members and lending them the funds so accumulated, they shall make and execute a written declaration to ! that . effect in tins form now provided by statute for the execution of deeds of real estate, to entitle the same to record. Said declaration shall state the name of such association, tots principal place of busi ness, which shall be within the state, the limit of captal to be accumulated, the time of its duration, the name and place of residence of such persons, the names and residence of its first board of directors, and that It is organ ized under this act for the purpose herein ex pressed. When ho executed, said declaration shall be filed and recorded In the office of the secretary of state, whereupon such officer shall Issue a copy of such declaration under his certificate, in proper form, setting forth the time and place of filing and recording thereof in his office, which declaration and certificate shall thereupon be recorded In the office of the register of deeds of the county where said association Is located, and published once in a daily or weekly newspaper printed and pub lished and of general circulation In said coun ty. Upon complying with the foregoing . re quirements; and upon filing an affidavit- of proof of such publication In the office of ths secretary of state, the persons executing such declaration, their associates and ; successors, shall become a corporate body. Sec. 2. The name shall not be the same as, nor too closely resemble that In .use by any existing corporation established under the laws of this state. The words '"Building and Loan Association," or "Savings and 'Loan Associa tion," shall form a part of the same, and no corporation not organized under this act shall be entitled! i to use a name embodying either said combination of words, providing that as sociations now existing * may continue their present names, or by and with the consent of the public ' examiner, any • part thereof, by amendment of their articles of . Incorporation as (provided In sections sixteen and seventeen, of this act. . • . -.■■- i .',■ Sec. S. The directors of such association shall adopt by-laws for its government and therein describe the manner In which Its business shall be transacted, which by-laws shall be oonifanr.able to the provisions of this act and the laws of this state, and at all times be open to the Inspection of all members ot the association, at Its home office, and a copy. thereof i and of any amendments thereto duly certified by the president and secretary of the association shall, Immediately upon Its adop tion, be filed In the office of the public ex aminer. The directors may amend said by laws from time 'to time In such manner as they see -. fit, so long as such amendments are not In conflict with the ' provisions of this act or the laws of this state. . ' Every such ■association shall divide its board of directors into three classes, consisting of an eaual number- In each class, as nearly as may be; the terms of office of the first class F-hall exipire at Che end of one year from and after the first annual election: of the second cJoss at the end of two years, and of the third class at the end of three years; and at each succeeding annual election after the one at which the full board la elected there shall be elected a number of directors equal to those whose terms of office expire at that time, and the directors so elected shall hold their office for the term of three (3) years, and un til their successors are elected and qualified. Sec. 4. For every loan made on real estate security, a note, non-negotiable,. or bond, se cured by first mortgage on real estate., shall be given, which security shall be satisfactory to the directors, and shall be accompanied ■by a .transfer and pledge of the shares of the bor rowers to the association. The shares so pledged shall be held by the: corporation as collateral security for the performance of tho conditions of said note or bond and mortgage, provided ' that the shares, without other secur ity, may. In the discretion of the directors, be accepted as security for the loans for an amount not exceeding ninety per cent (00 per 'cent) of their withdrawal value- as provided by this net. Any such association may, sub ject to the approval of the (public examiner, provide 'by contract with Its borrowers - that loans shall be fully paid at a definite period upon receipt of a specified - number of pay ments. Stockholders who have borrowed mon ey of an association on real estate secur ity, and who have pledged their, stock, or any portion thereof, as collateral thereto, as provided herein, : shall not be entitled to have the value of such stock applied .on the : mort gage debt where the payments of such stock Is more than three (3) months In arrears, unless the same has reached a withdrarwal age as fixed by this ant. and when Fiioh stock has reached that asre. the withdrawal value thereof shall-be implied on sad debt. In case of repayment of. the loan or foreclosure of the . mertfrsure Riven to . secure the same. Any such association may, subject to the- approval of. the public examiner, provide for, the adop tion of the so-called divided mortgage plan, and any . mort^aee' taken under prir+i divided mortgage plan, which Includes a eendor mort page. negotiable jby mich association for the borrowers, eha.ll be deemed | a first mortgage within the ,meaning- of ; this act. Any such as sociation . may receive deposits, borrow money for any , legitimate object . of Us Incorporation, , ptnd -Invest Its Fiimlus 'money, net otherwise. Invested In -mortgage loans*. In the follow I >eenrltle«. '< to-wlt: (D-In tKe purchase.of real r-tate ?vt any tax rale he'd tr» uny county or the Ftate, 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.: i warrants - or i Interest - bearing obligations !of any - city,', county, '- town,: village or school d 1- 5.,.. , . .... , >— -i trlct of the State .of * Minnesota having: , legal authority to Issue the same; provided, thai any such city,,county, town or village pas at least five thousand (5,000) Inhabitants, cc de termined by .the. last census of • the United. States, or this state, preceding the Issue of th« securities offeree Cor sale, and provided that the bonded Indebtedness of such municipality including such securities offered for sale, shall not exceed the limitation, of indebtedness pro vided by : law for such municipality. Provided, that no moneys efcall be Invested In any of , . the securities above named unless such moneys shall have been accumulated and remain un invested for a period of sixty (60) days. after all • acceptable applications for ■ loans by It* members shiall have bean provided for; and pro* vided farther, . that the amount Invested. la any of s-uch securities shall not exceed twenty- Jive •;. (25) peT oent of the assets of any such association making suoh investment. ; . < ■■■ .'-Sec. 5. Any such association may purchase at any sale, public or private, any real estate - upon •which , it may have a : mortgage, Judg ment, Hen or other lTvcumbranoea, or In whlcb It '.may. have any Interests, and may eel 1, con vey, lease, mortgage or Improve the same at ; pleasure, and may acquire and hold a lot or lots whereon is created . c building •or build ings . requisite for the convenient transaction of Its. business, . and from portions of which not required- for its own use a revenue may be derived; the cost of such building and lot or lota In no case to exceed five (5) per oent of Its assets; provided, that any such associ ation may acquire any lease-hold Interest necessary for the transaction of its business.' Sec. (J. Every building and loan association heretofore or (hereafter incorporated under the laws of this state, and governed by this act, shall deposit and keep with the publio exam iner. dm trust for all Its members and credi tors, all mortgages except senior mortgage taken by any association under the "divided mortgage plan," and other securities received) by it in tbe ueual course of Ms business. Pro vided, that every such corporation heretofore organized not having or owning mortgage or other securities to the amount of twenty-five thousand (25,000) dollars shall deposit with the public examiner additional securities to make, with the securities so owned and de posited, the sum of twenty-five 'thousand (25, --000) dollars, and every such association here after organized under this act shall deposit and keep with the publio examiner in trust as aforesaid securities of the value of twenty-1 five thousand (20,000) dollars before commencing to •do business. The securities mentioned in thus provision shall consist of bonds or treas- ury notes of the United States, national bank fctock, or the bonds of this etate, or of any other state of the United States, or of any sol vent city, county or town of this state, or of at./ other state of tine United State* having the legal authority to issue the same, and such securi ties, may bo withdrawn from time to time when mortgage securities of corresponding val ue shail be. deposited as provided In this act, or when securities of Ilk© character are sub stituted therefor, or when the same shall have been paid or are required for foreclosure or suit, .or other purposes as hereinafter pro vided: and it ©hall be the duty of the publlo examiner from time to time to examine bucli associations to ascertain whether or not its securities are deposited as required by this act. . Provided, that whenever required by the laws of any other state or territory or nation, all securities taken in such state, territory or nation, by any association organized under the laws of . this state, and subject to the provisions of this act. and other securities sufficient to allow such association to enter and do business in such state, territory or na tion, may be deposited with some officer au tlhorized to receive the same In such state, territory or nation, under the laws thereof, for the benefit of its members end creditors, and to this end, upon presentation to the pub lio examiner of a duly authenticated copy of a .resolution of the board of directors of anyi such association, having on deposit with the publlo examiner securities In excess of twen ty-five thousand. (25.0C0) dollars, demanding the transfer and specifying the securities to be transferred, or the amount thereof, to any other state, territory or nation, for the pur* pose of enabling such, association to conpl/ with the laws thereof, It ehall be the duty of the publio examiner to cause such transfer to be made. The expense of making suci transfer shall be borne by the association re« quiring the same, and a receipt shall be taken by the officer maiding' the transfer, and fll«4 . and kept In the office from which the securities are transferred In lieu thereof. But the se curities kept on dep »sit in this state by any such association, as required by this act, eha.il at no time be reduced in amount by such; transfer, or otherwise, below twenty-flva thousand. (25,000) dollars, and In every case where securities taken in another state, terrl* . twy or nation, are deposited In such mate, territory or nation, or when other securities are removed from this state to such other state, territory or nation for tbj purpose aforesaid, the association ' to wfhlch they belong shall ! make a certificate of such depository* I showing the amount and character of such de-« ; posit, which certificate shall be filed with th« public examiner and renewed annually, to« gether with a statement, verified by the affi davit of some officer of such association, who has knowledge of the facts, showing all of the securities taken or deposited by such assocW atlon. in such state, territory or nation at :h« time of the nllnsr of such certificate; and la case any securities taken in such state, terrl. Tory or nation are not deposited there, then the same shall be deposited in this state, as r** quired by this act. - . Sec. 7. All Interest "and dividends and pre miums which may accrue an securities held bf the publio examiner as provided herein, and all dues, or monthly, payments whioh may bei com.9 payable on stock pledged as security OS loans or payments of balances due, or any part thereof, on loans, the mortgages for which are so deposited In accordance with the pro visions of this act, may be collected and re tained by tha association depositing such se curities or mortgages to long as such associa tion remains solvent and faithfully perform* all contracts with its members, and whan an* mortgage shall have been fully paid to said corporation, the farr.o may be surrendered to It upon filing with the depository the affidavit of the president or vice president and secre tary of any such association that such in debtedness has been paid In full, which affi davit shall be first presented to the public ex aminer and by him, approved. Any mortgage upon which default has been made may be surrendered as aforesaid for foreclosure upon like affidavit that default exists, and that such; mortgage is withdrawn, for the purpose of suit. And when any negotiable security da posited wl-tfh said public examiner, in accord. ance with the provisions of this act, shall have; been paid, sold or hypothecated, the same may be withdrawn upon the presentation to, and approved by, said public examiner of a lik< affidavit . stating the purpose of such with , drawtal. Sec 8. No building and loan association organized under the law« of any other state, territory or nation, shall do business in th:« state, unless such association shall have se curities of the value of one hundred thousand, (100,000) dollars, and of the character men tioned In this act, on deposit in trust for all Its members and creditors with som« responsible trust company, duly Incor porated under the laws of such etat« or territory In the United States, or with ..some., authorized officer of this oi some other state of the United States, cer tificates of such deposit shall be made to the publio examiner of this state, certifying the possession of such securities, which shall not thereafter be surrendered without authority or consent of tbe publlo examiner or other authorized officer of the state or territory la Which said company is incorporated. Sec 9. Every building and loan association organized under the Jaws of any other state, territory or nation, ehall, before commencing to do business in this state, first file with tbe (publio examiner of this state a duly authenti cated copy of its charter or articles of in corporation; second, file with the public ex aminer of this state the certificate of the au thorized officer of another state, showing that securities of the value of one hundred thou . sand (100,000) dollars are on deposit with such, state officer cr duly incorporated trust com. pany, in trust for all the members and cred itors of such building and loan association; third, file with the public examiner of this state a duly authenticated copy, of a resolution adopted by the board of directors of such as sociation, stipulating end agreeing that if any legal process affecting such association be served on such examiner, and a copy the-eof be mailed, postage prepaid, by the party pro curing the Issue of the same, or his attorneys, to said association, addressed to its home office, then such service and mailing of such process shall have the same effect as personal service on said association In this state, and also an agreement that said association will not remove any action commenced in any state court in this state against the same to the United« States court, and ■will pay every Judgment that may be taken against it upon any such action within sixty (t>o) days after the final Judgment shall have been entered* fourth, pay to the publio examiner twenty-five (25) dollars as fees for filing the papers men tioned in this section. That where a foreign building and loan/as sociation doing business within this state has become insolvent and Its affairs are being wound up by a receiver, the failure of such association to have compiled with the law* of this state respecting Its business therein shall not affect the right of such receiver to bring any suit necessary to wind up the af fairs of such association. Sec 10. "When process against or affecting any foreign building and loan association is served upon the public examiner, the same shall be by duplicate copies, one of which shall be filed in the office of the public examiner, amd the other by him immediately mailed, "postage prepaid, to the home office of said association. Sec. 11. The word "process" to this act sihall include any . writ, " declaration, . summon* or order, whereby any action, writ or proceed ings shall be commenced, or which shall be Issued -in or upon any - action, suit or pro ceedings authorized by law of this state. Sec, 12. Service of process according to a stipulation pnbvided in section mine (9) of thta act, shall be sufficient personal service .on the association filing suoh stipulation. Sec 13. When, .by the laws of any other state, territory or nation, any taxes, fines,, penalties, licenses,' fees, deposits of moneys op securities, or other obligations or prohibitions, are , Imposed on * building and "loan associa tions of this state doing business In such other state, territory. or nation, or upon their agents therein, so long as such laws continue in force ■the same obligation : and prohibition, of what ever kind, shall bo Imposed upon all building and loan associations of. such other state, ter ritory or nation, doing business in this state, Bird upon their agents. here. Sec. 14. Any building and Iran association organized under the, laws* of any other state, territory or nation, that shall remove any ac tion that shall be oommemced against It in a court of this state to the United States court, or that shall fall to pay any Judgment rendered, against it upon a suit In any court in the •tat* within sixty, (60) days after thai rendition 11