aciiin..«iniiiirtrt
"J
A N a MBRITT,
PUBLISHED EVERY SATUBDAY,
AT
E W I N O I N N E S O A
A N S E I
Ttorai, t*er r«ar, in advance
A E S O A E I S I N
Business Cards offlve lino, year, $6,00
do tenlincs do 10,00
One column per year, 70,00
do six months 40,00
lUiraoUmnytryoar 40,00
do a!* month* 30,00
Fourth column per year---- 25,00
do »*xti nth« to,00
Each square (10'.inc.*. or less) first insertion 40
Each subsequent insertion »20
All advartiesments continued until ordered out.
Advertisements sot in double uelumn, price
additional.
BOOK a JOB WORK
In nil Its varions Branches.
Executed with neatness and dispatch.
Business Directory:
METROrOIJT1N HOTEL,
F.tree street, immediately opposite the Steam
boat Landing, Red wing, Minnesota,
A. A. & E. L. TEELE, PROPRIETORS.
THISnow
new, spacious and commodious house
is opan for the roception of guests.—
It has been constructed under the immediate
nuparvisionof the proprietors, aud nothing has
been omitted to insure the comfort and conven
ience of those who may favor them with their
patronage. The numerous rooms, are all well
lighted, ventilated and furnished in a superior
manner. In connection with the house is
good and commodious stable.
Red Wing. March 1. 1853. 83tf
W L. WEBSTE Proprietor,
N A 11 E ST E A BO AT A XD 1 NG
W I O I N N E S O A
ff.tggaga eonveyd to and from the boats free.
[80-m,j.]
RED WING HOUSE,
•TAt'OB BENNETT, l»ropri«tor.
REI Wl.Xt MIX 3 KNOT A.
23T*Conneeted with the House is a large and
convenient Stable. Stages leave dully tor the
interior. Teams aud Carriages on hand to
eaavev l*as*cngers to any part of the conntrv.
April i4.1*.S. «w _^
A S iT S E
BY BE VANCA3IPEM,
GANNON FALLS, MINNESOTA.
Travelers will find every accommodation on
reasonable terms at the above House. Good
Stablts, Ostlers, Ac. 621y
HACKIHOUSE.
J. HACK, Proprietor.
ONStreet,M
PLU STREET, a few doors from Main
Red Wing.
This House is entirely new and newly fnr
nishod, and the Proprietor hopes by strict at
tention to customers to receive a share cf pat
ronage.
Red Wing, Sept. 5.1857. 59y
E N A POIN HOUSE
R. A V. A. HARDT, PROPRIETORS.
TIIIf8Lake
House is pleasantly located on the sh»re
Pepin, within a few rods of the
Steamboat Landing. Persons wishing tn »pend
a few days of recreation and leisure, will find
this the place to do it. A good and well sup
plied barn Is attached to the house, and a com
petent ostler always in attendance.
The proprietors naxing leased the above pop
nlar house and having thoroughly repainted
and furnished in a superior style, would say to
the public that thing that they can do to
asake al. calling, comfortably and pleasantly
situated, will beleft undone.
May 28,1858. 95y
I, S. KELLOGG,
Wholesale and retail dealer in
Drugs and Medicines,
CHEMICALS, PAINTS,
OIL8,
Dye Stuns, Window Glass, Medicinal
Wineaand Liquors. Tobacco, Snuffs, Cigars,
Camphene, Alcohol, Burning Fluid, &c Main
Street, Red Wing, Minnesota. 99yl
OKO. BPIOKB, ffisBB
W
S* OROW.
LIVERY AND EXCHANGE
STABLE.
Plum street, between Fourth and Fifth
E WING, MINNESOTA.
The subscribers having the beststoeked sta
ble west of the Mississippi River are prepared
to furnish the pieasu seeking, and traveling
public, with as good Turn 0«'«, as the country
affords come andtry as if anybody has Hen
net, we ean go it. SPICER & GROW.
March 19th 1S5S. [85-y.]
McINTIR E A S E O N
DEALERS IN
Dry Goods.Groceries,Crockery, Hardware Cut
.ery. Nails, Oils, Paints Sash, Window Glass,
Looking Glasses, Farming Implmcnts.
A.so, Hosiery, Gloves. Cravats, Suspenders,
Shirts,Collars,Brushes, Fancy Goods, &c.
J. MCINTIRE.
Red Wing M. T. T. B. SHELDON.
DUBUQE CITY MARBLE
WORKS.
N•IIERRICK,
*4 ..
ttftoW^SoM P»reetor ContinuedDirector)
BLA CKSM1THING
BY
E O E W A E
At the new Shop on Main stieet, within a
few rods of the crossing of Jordon.
RED WING, MINNESOTA. 9Ttf
E O W A
BL,&CKS.1MITH,
Shop on Main street, near the American House,
and next door to the Gunsmith, holds himself
ready to do all work in his line with prompt
ness and in a workmanlike style.
W. E. HAWKINS. (i. B. BAKER. A. HAI
A I O N S N O W O S
Hawkins & Co.,
WOULr
GENTS' FURNt&HINO GOODS.
53?" Cutting done to trrdtr.
Red Wing, May 23,1S57.
E
1
Dealer in American and Eor-
•'fnMarblo.Sixth street, below Main and
Iowa, Dubuque, Io.»a.
Monument*. Tomb fc I S to
Tabl Tops Ac 62m9
HENDRICKSON
Rectifiei and Wholesale dealer in
X*oa**«a*t
WINES 4* LIQUORS,
Corner Plant and Third Sts., 97tf
BED Wlwtt, MINNESOTA.
W. Brown,
PHYSICIAN $• SURGEON
OFFICE AMD RESIDENCE,
First house south-east of the Hamlkie Institute
A E 9
..»,- •"—.-- ~r
Ox and Horse Shoeing. 5*gg
He having erected a tirst rate and new frame
for shoeing cattle, he don't mean to allow him
self to be excelled either in Ox or Horse shoeing.
Farmers and all others give him a trial.
Red Wiqg, Nov. 27,1853. I21m3
WOODBUKY & WRIGHT,
Architects and Builders.
WEnish
-Warranty, Quit-Claim,Special
Deeds, and Township
BLANK:}
Warranty, Mortgage
I'lats for sale at the Sentinel office.
are now prepered to take contracts, fur
plans and specifications also,Sash
and doors on hand, and made to order. Work
from the country solicited. Shop near the
Chillson House.
Red Wing, March27, 1853. 86tf
take this method of informing
thei friends and the public generally,
that they are now prepared to do
i? & a sa 5? a 1
Of all kinds, such as House, Sign, Carriage,
Curtain and Ornamental Painting, Graining,
Glazing, Marbling and Paper Hanging.
Special attention paid to all orders from
the country. 52tf
Red Wing, July 17,1857.
JOHN niSLER,
Manufacturer and dealer in
LADIES' GENTS' A N CHILDREN'S
Boots Shoes,
Plum street one door north of the Kelly House,
E WING, MINNESOTA. 94tf
Repairing done to order and with dispatch.
~GO ING'H'
£3!sae?3$a AND
Main street. Re W in r%v
i». O N I S
2 O 5 0 S A TJLXIOP.,
On Main street, next do to Lawther'*
It sk ass 'iflicpin Wilkinson's Block,
RED WING, MINNESOTA.
E best of French and other Cloths, kept
JL constantly on hand, and made up in a su
perior manner by competent workmen. Also,
%y
A A S
Manufacturer and dealer in
SADDLES. HARNESSES &C,
SHOP
on Bush St. opposite C. J. F. Smitl
store. Red Wing, Minn. Where he has
constantly on hand a large assortment of Sad
dies, Harnesses, Bridles, Trunks, Valises.
Whips, Fly nets, and all other articles usually
kept in a harness shop, and cheaper than can be
bought this side of Chicago.
Repairing and Job work done on short notice,
and in the best style. 94tf
REMOVAL.
SPORTSMEN'S DEPOT
Has been removed
to the west side of
Jordan, Maine street
where may be found
a good assortment of
SHARP'S RIFLES,
Target and Muzzle loading Rifles,
double and single barrel Shot Guns,
CoWs, Allen's, and the celebrated
Bobbin* and Lawrence Pistols,
Powder, Shot, Lead, Caps, Wads, Flasks, Shot
Belts. Game Bags, Fishing Tackle, &c &c.
Cheap for Cash.
Repairing done with care and dispatch
M. J. CHAMBERL1N.
Red Wing, June 14.1S5S. 70m6
€,. O N N E O
Tenders his professional services to the citi
zens of Red Wing and vicinity.
OFFICE.—Corner of Bush and Plum street,
up stairs.
REFERENCES
Hon. Z. KID WELL, M. Fairmont, Va..
Hon. J. L. DAWSON, M. Brownsville, Pa..
Prof. T. D. MUTTER, Philadelphia, Pa.,
Dr.J.C. COOPER,
Kev.Dr. DRDMIIOND, Morgantown, Va.,
Drs. MCLANE & BROCK, Morgantown, Va.
Rr* A. K. CAMPa«M.t Key West, Florida,'
1
DENTIST.
Drug store,
Rooms over the
Re Wing
I A N O S to sale or
vr pi
Near the Corner of
Main and Bash Streets, Re Wing.
Continued:
r. sANoroun. FRANK IVXS.
S A N O St. I E S
Attorneys at Law 4" Notary Public.
E WING, MINNESOTA,
Agents for the United States, Franklin, Fire
and Marine,
INSURANCE COMPANIES.
[laitf)
CLINTON OURNXE, JR. O. O. KSTNOLDS.
N E E & REYNOLDS,
Counsellors and Attorneys at Law,Minnesota,
Red Wing, Minn.
jar-Office with Smith, Towne & Co. S2-tf
A N A
ATTORNEY AND COUNSELOR
A LAW
NORTH PEPIN, WISCONSIN.
Willgivo special attention to collecting &c.
74y_
O I dfc A O N
ATTORNEYS & COUNSELLORS AT LAW
AND
GENERA A N AGENTS
E WING, MINNESOTA.
W A E N I S O
(LaU Murdoch db Mrittol,)
•attorney at Law
And Notary Public,
REDWING, MINNESOTA.
51.y
MISS A I E MILLER
At her father's residence, corner 4th db Dacota rf'#
Continues to give to the Ladies of Red
Wing lessons in
PIANO FORTE PLAYING.
Terms per term of 12 weeks $10 payable in
advance.
Red Wing, June 19,1S58. »8tf
A E A
A O N E S A A W
and Solieitors in Chancery.
A N A E N S A N E A E S I N
Real Estate, and Lan Warrants.
MAMTOBVILK, Donox Co., M.
a a
A I
a E a A a a
I N
A N W A A N S
Wing Minnesota.
«f"Moneyloaned, Land Warrants sold or lo
aned on time. Real Estate, and Exchagn
bought and sold. May 23 '57
HORACE WILDER
&
ELIT. WILDER.
E W I E
Bankers & Land Agents:
REDWING,-.--... Minnesota Ten'
Money loaned. Exchange & Land Warrant*
bought and so'd. Land Warrants, or Monev
andon favorable terms. '-•»»"-.
*^T rS".
uSnt
»nd sold on commission &c.
Red Wmg 1S57.
REA,LMay,
ESTATE OFFICE,
E N A O I N MINNESOTA.
E subscriber will buy and sell Lands, lo
cate Land Warrants, enter Government
l.ands, select Claims for Settlers desiring to lo
cate on the Half Breed Reservation, pay Taxes
and attend to all business appertaining to his
profession—negotiate Loans for Capitalists up
on unexceptionable real estate security from 20
to 60 per cent. PERRY D. MARTIN
Central Point, Jan. 1,1S58. 77y
J. H. ELDER,
SEALER IN
LANDS AND TOWN LOTS,
Lumber, Shingles, Produce, Horses, Wagons
and Wood. Will make Collections, Pav
Taxes, Buy and Sell County Orders,
Uncurrcnt Money &c «fcc.
E WING, MINN. 93tf
S I O W N E A O
IN
REALDEALERS
ESTATE,
E WING, MINNESOTA.
Will attend to locating Land W arrants, pay
ment of taxes, collection of notes, and to the pur
chase and sale of Real Estate throughout the
Territory. Surveying, Mapping, and Platting
of every kind done te order by a practical sur
veyor. Copies of township maps furnished.—
Deads drawn and acknowledgements taken.
23F~A11 business intrusted to them, will re
ceive prompt attention.
O. F. SMITH. T. F. TOWNE, J.C.PIERCE
W W I 1 S O N
ATTORNE A LAW A N
GENERAL INSURANCE AGENT
Office next door to Lowater*a Bookstore.
RED WING M. T.
Agent for the following reliable Insurance
Companies:—
FABMKRS N I O N Athens, Pa.,
WASHINGTON UNION Cleveland, Ohio.
E
Knoxville, Tennessee.
Red Wing, May 23,1857. 44tf
A E N S W A I N
SURGEON AND MECHANICAL
Main at.
70m
to rent Ty
D. C. HILL
7.tf
Anga* 22, 1857.
JL.
2T 9
E A I E
WATCHES,
CLCOSa & •TSWSLSVT.
tSTALLWOKK WARRANTED..^
Reel Wing. Nov. l'». 1853. lWtfj
I
you want good frTwfi I^gcTBucr, call on
L. F. HrxDH1CKSON,
1
o^ PJwn street.
Painesvillc,
REFERENCES
Hon. W H. WELCH, Red Wing, Minnesota
E. T. WILDER,
R. HITCHCOCK, Painesville, Ohio.
A. G. RIDDLE, Cleveland, Ohio.
H. KENDALL, .««
H. WILDER.. Conneaut,
August 22,1857,
^jv
Commonwealth Insurance Comp'y,
Unio Buildings, Third street,
HARRISBURGH,
PENNSYLVANIA,
Chartered Capital, $ 3 0 0 0 0 0
Insure Buildings and other Property
Against loss or damage by Fire. Also against
Perils of the Sea, Inland Navigation and Trans
portation.
I E O S
SIMON CAMERON,
GEO. M. LAVMAN,
WILLIAM DOCK,
ELI SLIFER,
GEO. BERONER,
BENJAMIN PARKE,
JAMES FOX.
E A E I N
WM. H. KEPNER,
A. B. WARFORD,
W. F. MURRAY,
F. K. BOAS,
JOHN H. BERRYHILL,
WM. F. PACKER.
O I E S
SIMON CAMERON, President.
BEN J. PARKE, Vice President.
S. 8. CARRIER, Secretary.
S. B. FOOT, Agent, Red Wing, M. T.
January 9,1888. 75tf
IIANOS tor sale or to rent bj
Red Wing, August 22,1857.
C. HILL.
TF yon want good LIQUORS call at
1 0 3
on PJum street.
•Minnesota Wor ever!
VOLUME 3. NUMBER 22. RED WING, GOODHUE COUNTY, MINN., SATURDAY. JANUARY 8. 1859. WHOLE NUMBER 127.
LAWS OF MINNESOTA.
PUBLISHED BY ORDER OF THE BOARD
OF COUNTY SUPERVISORS.
An Act to Prevent Trespass on School,
University, Swamp aad Internal Im
provement Lands.
Be it enacted by the Lefuhture of the State of
Minnesota:
SECTION 1. That it is hereby made the
duty of the County Commissioners, and Sher
iffs in their respective counties, and of Justi
ces of the Peace, and Constables in their re*
spective precincts, in the name of the State of
to prosecute upon view or infor
mation, all persons who shall, after the pas
sage of this Act, commit any trespass on
lands granted to this State by any out or
resolution of Congress, for the support of
Schools or Universities, or for internal im
provements.
S E 2. If any person shail, under pre
tence of any lose or otherwise, cut, fell, box,
bore, destroy, or carry away any tree or
sapling, standing or growing, or any fallen
or dead timber upon any lands with!n thi*
Stale, reserved appropriated or intended by
any act or resoution of Congress, either for
the use and sipport of any University or
College, or for any public buildings, or for
internal improvements, or shall cut and car
ry away any gnss or hay, such person shall
for each and eve-y such trespass, forfeit and
pay the sum of fifty dollars. Provided al
ways, that nothiig in this Act shall be so
construed as to prevent any actual settler
from the enjoyment of his or her improve
ments.
SKC. 2. The penalties provided in the
above preceding sections shall, and may be
recovered wtih all costs of suit under this
Act, in any action of debt, in the name of
the State of Minnesota, before any Justice
of the Peace, when the amount does not ex
ceed one hundred dollars damages, and the
costs, taxed as hereinafter provided in this
Act.
SEC. 4. If any county or precinct officer,
or any township officer, either in the civil or
school towns or townships hereafter created,
shall fail to prosecute for ten days after no
tice in writing given to them, with the
names of witnesses sufficient to prove a tres
pass, shall forfeit and pay a sum of twenty
live dollats to the county school fund of each
county in which a trespass was committed,
to be recovered by action of debt before any
Justice of the Peace it shall be lawful for
any person to inter complaints for any breach
of this Act.
SKC. 5. ^AU suits under this Act shall be
brought within one year af-er the cause of
action occurred, and not after.
SEC. 6. That Justices of the Peace shall
have jurisdiction in all cases arising under
the provisions of this Act, in any sum not
exceeding one hundred dollars damages, and
costs of suit.
O..W T. ano«,«unQe mm ACT snan oe
commenced before a Justice of the Peace in
the county in which the trespass is alleged
to have been committed.
S E 8. All complaints shall be under
oath and filed with the Justice in the follow
ing form as near as may be, to-wit:
STATE OF MINNESOTA,)
County,
states under oath, that a
trespass has be committed on or about the
day of .A D. 18 of (here
describe by the proper numbers, the lot of
land on which the trespass was committed,)
in the county of and State afresaid,
one did (here describe what was done that
constitutes the trespass under this Act,) and
alleging one act, shall give the right to prove
all or any trespass under act, upon any
lands referred to in Section two, of An Act
to prevent trespass on school, university, or
interual improvement lands," approved
A. D. 18 and that the deponent
verily believes is guilty of the same,
contrary to the form of the statute in suoh
[case] provided. complainant,
sworn to and subscribed before me, this
day of 18
County,
men
".U Bffl BE
J. P.
S E 9. Upon the filing of any such com
plaint before any Justice of the Peace of the
proper county, together with the names of
plaintiff's witnesses, it shall be his duty to
issue a warrant in the following form as near
as may be
STATE OF MINNESOTA,)
The State of Minnesota to any Constable [of
said county] greeting.
You are hereby commanded to take the
hody of if to be found in your
county, and forthwith bring him before me
at my office, then and there to answer the
State of Minnesota in an action of debt, un
dei Section two of "An Act to prevent tres
pass on school, university, and internal im
provement lands," approved A. D.
18 J.
S E 10. If no Constable is present, the
Justice can and is hereby authorized to dep
utize a special Constable to serve, in that
case only, by endorsing such appointment on
the back of the warrant und?r his hand.
SEC. 11. Upon the return of such war
rant, it shall be the duty of the Constable
serving the same, to endorse thereon the
date and manner of the service, with his
fees, as hereafter specified.
S E 12. Previous to the commencement
of any trial before a Justice of the Peace, the
defendant may make oath, that it is the be
lief of such deponent that he cannot have an
impartial trial before such Justice where
upon it shall be the duty of the Justice im
mediately to transmit a copy of his docket,
together with all papers a::d documents be
longing to the suit, to the nearest Justice of
the Peace of his county, who shall proceed
as if the said suit had been originally institut
ed before him. And it shall be the duty of
all jurors, witnesses and parties to go forth
with before such Justice to whom the papers
are sent.
S E 13. When either party shall re
quire the attendance of a witness, in anv
suit pending before a Justice, it shall be his
duty to issue a subpoena in the following
form, as near as the case will admit, to-wit:
STATE OF MINNESOTA,)
County. 5
The State of Minnesota, to To
are hereby commanded to appear before me,
at on the day of A.D.
18 at o'clock, than and there to testify
Cttll Of] I
to the truth in a matter in suit, wherein the
State of Minnesota is plaintiff, and is
defendant, and this you are. not to omit un
der the penalty of the law.
Given under my hand and seal this
day of A 18 J.
S E 14. Which subpoena may be served
by a constable, or any other person, by read
ing the same to the witness, but no mileage
shall be paid except to the constable.
S E 15. When a warrant shall he exe
cuted, by bringing the defendant before a
Justice, it shall be his duty to issue his writ,
directed to any constable, commanding him
to summon sixjutors, who are legal voters,
any two of whom defendant may object to
without cause, whereupon the Justice shall
order the constable to summon two others
from the bystanders, or others, and if de
fendant object, and show cause, the Justice
may, in his discretion, strike from the list
and add thereto until six good and lawful
jurors shall appear on the list, who shall he
sworn to try the cause according to evidence.
S E 16. The Justice shall not cause a
jury to be summoned unless the defendant
shall demand a jury.
SEC. 17. In all cases when a jury is de
manded, the party demanding shall advance
the fees, the Justice shall issue his venire as
follows, to wit
STATE OF MINNESOTA,
County,
State of Minnesota, to any constable in said
county, greeting:
You are hereby commanded to summon six
good and lawful men of your county, legal
voters, and who are not of kin to nor preju
dicial against defendent, to
appear before the subscriber, a Justice of the
Peace, at his dwelling house, (or office as
the case may be,) in said County, on the
day of A 18 at
o'clock, to make a jury for
the trial of an action of debt.
Dated this day of A D. 18
J. P.
S E 18. After the jury shall have been
empaneled and sword as aforesaid, and the
parties are ready for trial, the Justice shall
proceed to examine all the testimony and
arguments of counsel against, as well as for
the defendant, and after hearing the same,
the jury shall retire to consider of their ver
dict in charge of a constable, who shall, as
soon as they agree, return them into Court,
and it shall be the duty of the Justice to re
ceive their verdict
S E 19. The verdict of the jury shall
state guilty or not guilty, and if guilty, par
ticularly the extent of the same, and what
acts of defendant are proved to be a trespass
under Section two of this A
SEC. 20. And the Justice shall receive
and record the verdict of the jury in his
docket, and enter a judgment according to
the finding thereof, under the provisions of
this Act.
S KC 21., Tn all raws whe*» th« d«fen
dant shall dispense with a jury, it shall be
the duty of the Justice, after the parties are
ready for trial, to proceed to hear all the
proof and allegations of the parties, together
with all the arguments against and for the
defendant, and to assess the detnages, and
to render a judgment in dollars and cents,
according to the evidence under this Act,
and record the same in his docket book.
S E 22. Upon the rendition of judgment
as aforesaid against the defendant, the Jus
tice shall issue an execution forthwith, di
rected to any constable of the county, and
made returnable within thirty days from
its date.
S E 23. Such execution shall be levied
on personal properly, but if no personal pro
perty be found, then in that case the con
stable shall take the body of the defendant,
*nd convey him to the common jail of the
County, there to remain until the execution
hall be paid and satisfied. Provided, That
defendant shall be allowed two dollars for
[every] twenty-four hours until such debt
and all costs shall be paid at the rate, which
shall fully discharge defendant from all lia
bility for debt and costs, and in ca of such
discharge therefrom by the jailer, it shall be
the duty of the County Commissioner's
Court to pay all costs in such case to the
Justices, constables and witness out of any
moneys in the county treasury not otherwise
appropriated^ as they may by law be en
titled to.
SEC. 24 The execution shall be in the
following from as near as may be, to wit
STATE OF MINNESOTA,!
County.
8S*
The State of Minnesota, to any constable of
said County, greeting:
Tou are hereby commanded tnat of the
goods and chattels of in your coun
ty, you make the sum of debt,
and costs, which the State of Min
nesota lately recovered before me in a cer
tain plea, against the said and
hereof make a return to me within thii to
days from this date, and if no goods or chat
tels can be found, or not sufficient to satisfy
this execution, you are further commanded
to take the body of the said
if he can be found within the State of Min
nesota, and convey him to the common jail
of the said county, there to remain until
this execution shall [be] satisfied and paid.
Given under ray hand this dav of
A. D. 18
J. P
S E 25. Appeals from judgments of Jus
tices of the Peace to the District Court, shall
be granted in all cases, except on judgments
confessed Provided, The complainant on
the part of the State, or the defendant shall
in all cases give notice of their intention to
take such appeal, at the time of the rendi
tion of such judgment, and within ten days
thereafter enter into bonds, in accordance
with the statute in such case made and pro
vided.
S E 26. It shall be the duty of any con
stable into whose hands any execution shall
come forthwith to proceed to levy the samo,
endorsing on the back of the execution the
date of such levy, end making an exact in
ventory of the property on which the same
shall have been levied and shall appoint a
day and hour for the sale of such property,
giving ten days' previous notice of the place
and hour between the hours of nine o'clock
A. M., and four o'clock p. n.j by advertise
ment in writing, to be posted up in at least
three of tho most public places in the neigh
borhood, and on the day so appointed, the
said constable shall sell the property so levied
H' 6W-iV
jdi ?o 2I00
-. tig-ritai orb no a N
on, or so much thereof as may be necessary
to satisfy the execution, to the highest bidder
for cash, and make return according to law.
S E 28. The Constable shall pay over
the debt to the County Treasurer,- and take
duplicate receipts therefor, and file one with
the Auditor of the county funds, and the
other return with the execution to the Jus
tice who issued it, with all costs,- and the
Justice upon the receipt of such fees, shall,
when called upon, pay the same to the per
son entitled thereto.
S E 28. Justices shall have discretion to
hold defendant in custody a reasonable length
of timo to procure witnesses, not to exceed
three days. But no continuance can be
granted unless a recognizance is entered into
with good security.
S E 29. When any juror or witness
shall, after being duly served with process,
tail or refuse to attend according to law, it
shall be the duty of the Justice to issue an
attachment at the request oi the in requir
ing the attendance of such witness or juror
before the first or second-:Justice of the
Peace, as provided in this Act, directed to
any constable of said county, commanding
him forthwith to bring before such Justice
the body of such juror or witness, to show
cause why he should not be fined for such
contempt, and on the appearance of such ju
or or witness, on such attachment, it shall
be lawful for the Justice of the Peace to fine
him in any sum not less than one dollar, nor
more than ten dollars, or wholly discharge
him if satisfactory excuse be made.
The following fees shall be allowed to the
officers, jurors, and witnesses, under this
Act, to wit
JUSTICES' FEES.
For each complaint under oath,
For warrant,
For subpoena for one witness,
For each additional one,
For each venire,
For administering an oath,
For serving attachment on juror or wit
ness, each, twenty-live cents.
JUROR'S FEES.
To each juror per day 75
WITNESS'. FEES.
For each witness per day, 75
AH the foregoing fees shall be taxed against
the defendant if found guilfy.
SEC. 30. This Act shall take effect from
and after its passage.
GEORGE BRADLEY,
Speaker of the House of Representatives.
RICHARD G. MURPHY,
President pro tern, of the Senate.
APPROVED—March twentieth, eighteen
hundred and fifty-eight.
CHAS. L. CHASE, Acting Governor.
SECRETARY'S OFFICE, Minnesota
March 20,1858.
I hereby certify the foregoing to be a true
copy of the original on file in this office.
Cius. L. CHASE, Secretary.
An Act to Regulate the Traffic in Spirituous
Liquors.
Be.it enacted by the Legislature 0/ the State of
Minnesota:'
SEC. 1. That the Board of Supervisors in
the several counties in this State, may grant
licenses for the sale in any quantity of spirit
uous, vinous, or fermented and malt liquors
within their proper counties, to auy person ot
the age of twenty«one or more years, upon his
complying with the conditions of Section two
of this act.
SEC. 2 That any person or persons apply
ing for license to sell intoxicating liquors, shall,
before the same is issued, pay to the County
Treasurer of the proper county, a sum not
greater than one hundred dollars, nor less than
fifty dollars, at the discretion of the Board of
Supervisors, and shall file with the Clerk of
said Board, a bond with two or more sureties
to be approved by the Board* in the penal sum
of one thousand dollars. That any person or
persous applying for license to sell malt liquors
only, shall, before the same is issued, pay to
tbe County Treasurer of the proper county, a
sum not greater than fifty dollars nor less than
twenty dollars, at the discretion of the Board
of Supervisors, and shall file with the Clerk of
said Board a bond with two or more sureties,
to be approved by the Board, in the penal sum
of five hundred dollars, conditioned in all cases,
that the said persou or persons BO licensed,
will not sell or otherwise dispose of spirituous
and intoxicating liquors, or malt liquors, (as
the case may be) at any place other than the
building or town for which said person or per
sons may have been licensed, norou the Sab
bath, and that he or they will keep a quiet and
orderly house, aud not permit gambling with
cards or any other device, for money orthe
representative of money, in the house or place
of business of such persou or persons.
SEC. 3. AH licenses granted in pursuancu
of Section two of this Act, for the sale of, or
traffic in spirituous, vinous or fermented liq
or3, or malt liquors, shall expire on the 1st day
of January in each year, aud on and after that
day they may be granted for the whole or re
mainder of the year, whenever the officer
authorized to grant the same, shall deem it
expedient Provided, That no license granted
subsequent to the day designated in tin* sec
tion, shall be deemed to extend retrospectivclv
beyond tbe day upon which said license shall
have beeu issued.
S 4. I the person or persons to whom
such lietnsa may Ue, jeanSed, sbaiWtiekta airy
atj) or itafei
3=3=
PUBLISHER AND PROPRIETOR.
cts.
25
25
15
5
25
5
For docket's each suit and fil'gall papers, 50
For entering each verdict of a jury, 25
For entering each judgment, 2 5
For each continuance, .- 10
For recognizance, 50
For order for appeal, 25
For appeal bond, 25
For each transcript certificate with all
papers sent to Justice or Clerk, $1.00
CONSTABLES' FEES.
For serving each warrant, 25
For serving subpoena on each witness, 10
For serving venire, 50
For serving and returning execution, 50
For each mile of necessary travel from
Justice's office to the residence of de
fendant or any witness, one way only, 10
For attending jury trial, 50
For advertising property on sales, 2 5
For selling property, ten per cent, on all
sales of fifty dollars, and under, and five per
cent, on all sums above that amount.
For taking defendant to jail both going
and coming from the Justice's office to the
prison or jail, ten cents per mile.
of the conditions of the bond provided for iu
Section two of this Act, suit may be brought
on said bond in auy Court having competent
jurisdiction, .by any person in the county in
which such license was granted, and recovery
had for any sum not exceeding the whole
amount of said bond, for each and every viola
tion of any of tbe conditions of said bond.
S E 5. Any Board of County Supervisors
may revoke any license granted under the pro
visions of this Ac at any lime they may deem
proper, and every license granted by any Board
of Supervisors shall be deemed to have ex
pired, and shail cease to be in force from and
after any violation of any of the conditions of
the bond required by this Act shall have been
proved before any Court baying competent
jurisdiction, and thereafter the person or per
sons who may have so violated the conditions
of the said bond, shall be liable to all the pen
alties provided for persons selling liquor with
out license, by tbe Sixth Section of this Act,
and shall be further iiabie.for all damages done
by persous intoxicated by liquors obtained
from them.
SEC. 6. If any person or persons shall sell
or barter auy spirituous, vinous or fermented
or malt liquors, in less quantity or quantities
than five gallons, without having first obtained
license therefor, agreeably to the provisions ot
this Act, or if any person or persons shall dis
pose of any spirituous, vinous or lermented, or
malt liquors, under auv pretext or in any man
ner from which an,intention to evade the pro
visions of this Act may appear, he or they
shall, upon conviction thereof by indictment
iu any Court having jurisdiction of the^anie,
be fiued for every such 'offense ia any sum not
exceeding one hundred dollars nor less than
twenty-five dollars, for the use of Common
Schools iu the county where the ofieuse shall
have been committed, and upon failure to pay
the fine so assessed, the Court shall direct the
Sheriff or any Constable, to destroy all spirit
uous, vinous or fermented, or malt' liquors of
any kind, that may be kept for sale or dealt iu
by any such person or persons contrary to the
requirements of this Act.
S E 7. It shall be and is hereby made a
duly of the District Attorney, Sheriffs, Con
stables and Justices of the Peace having
knowledge of any violation of the provisions
of this Act, to make complaint thereof tothe
Grand Jury at the next session.of the District
Court of the county in which the offense may
may have beeu committed after said violation,
or to a- Justice of the Peace, which Justice
shall have full power to proceed to judgment
thereon. It shall also be a duty of the Dis
rict Attorney to prosecute the bond given by
such applicant as is required by the Second
Sectiou of this Act, for auy violation of its.
conditions, and the moneys collected on judg
ments on such bonds, shall, except the taxable
costs, be, in all cases, paid to the treasurer of
the proper county, for the use of the Common
Schools therein.
S E 8. If any Judge, Sheriff, Justice ot
the Peace, Constable or other officer shall wil
fully neglect or refuse to perform any duty re
quired of him by this Act, he shall be deemed
guilty of a malfeasance in office, and shall
thereafter be disqualified for holding the same
or performing the duties pertaining thereto,
for and during the remainder of the term of
time for which he was elected, and shall be
liable on bis bond in auy amount not exceed
ing five hundred dollars, nor less than one hun
dred dollars, recoverable in any Court having
jurisdiction of the case Provided, That
nothing herein contained shall be construed as
releasing or disqualifying said officer from
making the proper transfer to his successor in
office, of all books, papers, and matters per
taining to his said office, as is required by law.
SEC. 9. When auy suit is brought upon
any bond aforesaid, and judgment rendered
against the principle and sureties upon said
bond, and property cannot be found with said
principal and sureties, to satisfy said judgment,
the Board of Supervisors who approved said
bond shall be held individually liable for said
judgment, unless the sureties ou said bond shall
hive testified before some Judge of the Dis
trict Court, or Justice of the Peace, that at
the time of joining In said bond by them, they
were worth double the amount mentioned
therein, above all debts aud liabilities incurred
by them, and auy and every exemption by law
of property from execution.
S E 10. It shall be and is hereby made a
duty of the Clerk of the Board of Supervisors
of couuty to deliver to the Graud Jury, on the
first day of the term of such District Court,
an accurate list of all persons holding licences
under the provision of this Act within his
county, which list shall show the date of, and
the amount paid for each or said licenses re
spectively.
S E 11. The Grand Jury at each aud
every term of the District Court in any county
in this State, shall make strict inquiry and re
turn bills of indictment against all "or every
person violating any of the provisions of this
A
S E 12. Justices of the Peace shall have
concurrent jurisdiction with the District Court
iu all actions arising uudcr any of the provi
this A or on the bond provided for
in tfiis A when the amouut sued for docs
not exceed one hundred dollars.
S E 13. Any person or persons who may be
sued for a violation of any of the provisions of
this Act, or on any bond required by this Ac
may at his or their request, have the case sub
mitted to a jury as in-other cases, and may
appeal from the decision of any Court as pro
vided by law, but no appeal shall be so con
strued as to effect the expiration of the term
of any license as provided in Section five of
this Act.
SKC 14. That the provisions of this Act
shall extend and apply to all the counties iu the
State, but nothing iu this Act shall be so con
strued as to prevent the people of any muni
cipal township from deciding for themselves,
whether licences shall be granted to any person
or persons in said township and the Board of
Couuty Supervisors are hereby required, on
the petition of ten or more legal voters of said
township, at any time not less than thirty davs
before any regular election, to give notice that
the question of license will be submitted to the
passage at said election, which question shall
be determined by ballots coutaiuiiig the wordr,
"In favor of license," or Aguiust license,"
the case may be.) which vote shall be canvass
ed and returns made us is by law now prescri
bed for the canvassing of election returns, at
if such returns show that a majmiiy of the
votes cast at such election shall be «gainst
"c^pse, then.Uie Board of County bnpei visors
shall issue no license in said township,
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SEC, 15. All act* and parts of acts relative,
to- the isle of, 05 traffic in, spirit uois oc iutox-"