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-1 |ut the nmc bavins been duly approved, as By law, ana whpse final account has ,teqolred OMllll™ WJ .vhOL not yet Men settled, such payments may be allowed by the judge of probate upon proof satisfactory to said judge of probate at the flfial accounting that said debts or claims were just and existing demand:. against said estate at the time of said payment. SEC, 2. Thi.j net shall take effect and be If force from nnd after its passage. Approved April 23, 1889. 141. B. F. No 112G AN ACT to amend fection 1 of Chapter 10G of the General laws of 1HH5 relating to tiae time of holding the terms of the district court in Trceboru county, in the tenth judicial district. Be it enacted by the Legislature of the Btate of Minnesota: SECTION 1. That section 1 of chapter 13G of the General Laws of 1885. bo and the E:ime IK hereby amended by striking out the words and figures "fourth (4th) Tuesday in November," where thev occur in the third »nd fourth lines of .said section, and insert liig in lieu thereof, the words and figures '•First (1st) Tuesday in December." Sec. 0. This act shall take effect and be in force from and after its passage. Approved April '24, 1889. 143. «1. F. No. 1316.—AN ACT entitled an act to ftm&nd sections one (1), si* (G), twelve (12), nineteen (19), twenty-two (22), forty-three (43), and fifty-seven .(57) of chaptcr one hundred and seven (107) of the General Statutes of 1878, as amended by au act entitled. "An act to amend sec tions 1, (». 12. 19, 22, 43 and fifty seven (57) of chapter 107 of General Statutes 1S78, rotating to grand juries and repeal ing all laws inconsistent therewith." ap proved Mflrch 22, 1989, relating to grand juries and repealing all laws inconsistenl therewith. Ce it enacted by the Legislature of the State of Minnesota: Sv(tiok 1. That ceetlnn (1^ of chapter ©tie hundred ar.d seven (107) of the General Matutes 1878 as amended by an act entitled, "An act to amend sections 1. G, 12, 19, 22, 4 3 and 57 of chapter 107 of General Statutes 1H7S. relating to grand juries, and repealing nil laws inconsistent therewith." approved •March 22nd, 1*89, be and the same is hereby emended so as to read as follows: Section 1. A grand jury is a body of men, not less than thirteen (13) uor more tnan fifteen (15) in number, returhed at stated periods from the citizens of the county, before a court of competent jurisdiction, chosen by lot and sworn to enquire of pub lic offenses committed or triabi* in the county. Sue. 2. That section six of said chapter as amended bv section two (2) of said act, approved March 22nd, 1889, be and the tame is hereby amended so as to read as tollows section 6. At least fifteen days before the Fitting of any district court, the' clerk there of, in the presence of the sheriff or his deputy and a justice of the peace, shalll pro ceed to draw the names of fifteen (15) per hons from the Dux to serve as grand jurors at biich court. SEC. 3. That section twelve (12) of said hapter as amended by section 3 of said act, approved March 22rid 1889. be and the mine is hereby amended so as to read as follows: Section 12. Not more than fifteen (15) nor less than thirteen (13) persons can be Mvorn on a grand jury, nor can a grand jury proceed to any business unless thirteen (.13) tucmbcrs, at lenst. are present. SEC. 4. That section nineteen (19) of said hapter, as amended bv section four (4) of fcnid act, approved Marcn 22nd. 189, be and the same is hereby amended so as to read as follows: Section nineteen (19). If a challenge to fin individual grand juror is allowed he can liot be present at or take part in the con sideration of the charge against the defen nant who interposed the challenge, or the deliberation of the grand jury thereon, but Ids place may be filled as provided l'or in raso of a deficiency of grand jurors in section ten (10) of said chapter. SEC. 5. That sectiun twenty-two (22) of Bald chapter, as amended by section live (5) of said act, approved March 22nd, I8f*9. be and the same is hereby amended so as to read as follows: Section 22. The grand jury shall then be eworn according to law, and if afterwards tiny grand juror appears and is admitted as Vich, the same oath shall be administered to Aim. Sue. 0. That section forty three (43) of laid chapter, as amended by section six (G) of said act. approved March 22nd, 1889, be fuidiheVame is hereby amended so as to read aa follows: Section forty-three (43). No presentment •ran be found "without the concurrence of at Joiut twelve grand jurors. When «o found it fhall bo signed by the foreman, whether he in one of the twelve (12) so concurring or not. SEC. 7. That section fiftv-seven (57) of eald chaptcr. as amended ly section i7) of mid act, nupi'iivod "iJii'l. 1 MS!, and the IN horeby amended DO as to read as follows: Section fifiy-seven (57). No indictment run tie found without the concurrence of at least twelve tl2) irand jurors when so found it shall bp endorsed "a true bill." and the endorsement sinned by the foreman of the grand jury, whether he is one of the twelve (12) so concurring or not. SEC. 8. All acts and parts of acts incon sistent with the provisions of this act. except nets relating to particular counties, are here by repealed, except as to any grand juries heretofore drawn, and any "act:, done ty them the laws heretofore in f.wcc shall remain in full force and effect, notwith standing the passage hereof. Sr.c. 9. This act shall take effect and be In force trom and after its passage. Apprbved April '5, 1839. 14C. S. F. No. 112—AN ACT to legalize acknowl edgments of conveyances and other instru ments and the records thereof. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That all acknowledgments to nny conveyances or other instruments here tofore taken by any person previously ap pointed or elected and then awing as li not ary public or oilier officer authorized to take such acknowledgments be, and the same are hereby legalized and made of the same valid ity as though the term of such officer had not expired at the time of taking such acknowl edgments, and the record of such convey ances or other instruments isherebv declared to be legal and valid, and effectual tor all purposes. Provided. That the provisions of this act shall not apply to or affect any action or pro ceeding now pending in any' court of thi9 state. SEC. 2. This act shall take e..'ect and be In force from and after Its passage. Approve^ Feb. 26, 1889. 147. 6. F. No. 185.—AN ACT to amend section four [4], of chapter one hundred and seven [107], of the General Statutes of one thou sand eight huudrea and seventy-eight 11878}4 relating to the qualifications of grand Jurors. fee it enacted by the Legislature of the State ot Minnesota: SECTION 1. That section lour f4], of chap ter one hundred and seven [10/), of the General Statutes of one thousand eight hun »nd seventy-eight [1878] be and the same Is hereby amended so as to read as follows: "Section 4—The following persons are ex empt from service as grand jurors: All United States States officers', all judges of courts of record commissioners of public buildings auditor and treasurer of state: state librarian clerks of court registers of deeds sheriffs and their deputies coroners, constables, attorneys and counsellors at law ministers of thegospel preceptors and teach ers of Incorporated academies one [11 teacher in each common school practicing physicians and surgeons one miller in each.mill one ferryman to each licensed ferry all acting telegraph operators all postmasters ana deputy postmasters all members of companies of firemen organized according to law all engineers having charge of stationery and locomotive engines all persousof more than sixty [601 years of age all persons of unsound mir.a persons subject to bodily infirmity amounting to dis ability all undertakers and their assistants all persons are disqualified from serving as grand Jurors who have been convicted of au[y] infamous crime." SEC. 2. This act shall take effect and be in effect from and after its passage. Approved April 2, 1889. Amendments to Penal Code. 148. II. F. No. 58—AN ACT to amend an Act en titled "An Act to Establish a Penal code approved March 9. 1885. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That section four hundred and ten of said act be so amended as to read as follows: Sec. 410. Forgery in the first de gree is punishable by imprisonment in the state prison for not more than twenty years. SEC. 2. That section four bundled and eleven of said act be so amended as to read as follows: Sec. 411. Forgery in the sec ond degree is punishable by imprisonment in the state prison for not more than ten years. SEC. 3. That section Tour hundred and sixty-eight of said act be so amended by striking out therefrom in the sixteenth and seventeenth lines thereof the words "and not less than three years." .SEC. 4. That section five hundred and eighteen of said act be amended by striking out therefrom in the last two lines thereof the words "and not less than two (2) vears SEC 5. That notblng contained in this set nhall te construed to apply to an offense committed or act done at any time before this, act lakes effect, but such offense must be punished and such act governed by the provisions of law existing when it is done or committed, in the same manner as if thi3 act had not been passed and as to such of. fensesthe provisions of law heretofore in force In relation thereto shall he deemed to b® still in full force and effect except that when ever the punishment or penally for any of fense is mitigated by any of the provisious^jf this act, such provisions may be applied to any sentence or Judgment imposed for the offense after this act takes effect. SEC. 6. This act shaft take effect and be in force from and after its passage. Approved April 10,1889. 149. n. F. No. 291.—AN ACT to amend title six teen (16) of the Penal Code of Minnesota relating to cruelty to animal*. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That title sixteen (16) of the Penal Code of Minnesota be and the same is hereby amended so as to read ns follows: SEC. 2. A person who overdrives, over loads, tortures, or cruelly beats or neglects, or unjustifiably injures, maims, mutilates or kills any animal, whether belonging to him self or to another or deprives of necessary food, water or shelter, any animal of whicn he has the charge or control, or which he has impounded or confined or keeps, or carries in or upon a vehicle or otherwise, any ani mal in a cruel or Inhuman maimer or keeps cows or other animals in any inclosure with out wholesome exercise and change of air, or feeds cows on food that produocs impure or unwholesome milk Or, being a person or corporation engage^ in transporting live stock, detains such stock in cars or in com partments for a longer continuous period than twenty-four hours, within this state, without supplying the same with necessary food, water and attention, or permits sucn stock to be so crowded together as to overlie, crush, wound or kill each other, or procures" or permits any of the above mentioned acts to be done, or wilfully sets on foot, instigates, engages in or in way way furthers any act ot cruelty to any animal, or any act tending to produce sucn cruelty, is punishable by im prisonment not exceeding three months or ane of not more than one hundred dollars. SEC. 3. Any agent or officer of the "Min nesota Society for the Prevention of Cruelty," or of any society duly incorporated for inat purpose, may lawfully destroy, or cause to be destroyed, any animal found abandoned and not properly cared for, appearing in the nt oft i"lim udgment of two reputable citizens, called by to view the same in his presence, to be glaiulered, injured or diseased past recovery for any useful purpose. When any person arrested is, at the time of such arrest, in charge of any animal or of any vehicle drawn by or containing any animal, any agent of said society or societies may take charge of such animal and of such vehicle and its contents, and deposit the same in a safe place of custody, or deliver the same into the possession of the police or sheriff of the county or place wherein such arrest was made, who shall thereupon assume the cus tody thereof and all necessary expenses in curred in taking charge of such property shall be a lien thereon. SEO. 4. Any person who shall wantonly maim, kill or destroy, by any means what ever, any brown thrush, blue bird, martin, swallow, wren, cat-bird, robin, pec-wee. meadow lark, or other insect-devouring bird of any kind or name whatever, or wantonly destroy the nests or eggs of any such bird, is Sollars unisliable by fine not exceeding fifteen (§15) nor less than one dollar ($1). SEC. 5. Any person who unjustifiably ad ministers any poisonous or noxious drug or substance to any animal, or procures or per mits the same to be done, or unjustifiably ex poses any such drug or substance with intent that the same shall be taken by any animal, whother such animal be the property Of him self or another, is punishable by imprison ment not exceeding three (3) months, or line of not more than one hundred dollars. SEC. 6. Whoever engages in or IS em ployed at, or aids or abets cock-fighting, dog iigliting, bear-baiting, pitting one animal against another, of the same or of a different kind, or any similar cruelty to animals, or re ceives money for the admission of any per son to any place used or about to be used for any sucn purpose, or wilfully permits any one to enter upon or use for any such pur pose, premises of which he is the Owner, agent or occupant or uses, trains or posses ses a dog or other animal for the parpose of seizing, detaining or maltreating any do mestic animal, shall be fined not more than one hundred dollars ($100), nor less than five dollars (f5), or imprisoned not more than three months, nor less than ten days and any one who knowingly purchases a ticket of admission to any place mentioned in this section, or is present thereat, or wit nesses such spectacle, shall be deemed an aider and abettor. SEC. 7. Any officer or agent authorized by law to make arrests may lawfully take posses sion of any animals or implements, or other property used or employed, or about to be used or employed, in tl^e violation of any provision of la'flr relating to fights among animals. He shall state to the person in charge thereof at the time of such taking, his name and residence, and also the time and ace at which the appl provided for will be made. plication hereinafter place at which the •ovided for will be SEC. 8. The officer or ageut after taking possession cf such animals, or implements or other property, pursuant to the preceding before whom complaint is made against the offender violating sufch provisions of law, for the order next hereinafter mentioned, and shall make and me an aOiduvit with such magistrate or court stating therein the name of the offender charged in such complaint, the time, place, and description of the ani mals. implements, or other property so taken, together with th9 name of tin party who id that the claims the same, if known, an affiant has reason to believe, and does be lieve, stating the grounds of such belief, that the same were used or employed in such violation, and will establish the truth thereo upon the trial ot such offender. He shall then deliver such animals, implements, or other property to such magistrate or court, who shall thereupon, by order in writing, place the same in the custody of the officer, or other proper person in suoh order named and designated, to be bv him kept until the trial or final discharge of the offender, and shall send a copy of such order, without delay, to the county attorney. The officer or person so namea and designated in iuch order shall immediately thereupon assume such custody, and shall retain the same for the purpose of evidence upon such trial, subject to the or der of the court before which such offender may be required to appear, un.il his iinal dis charge or convictlou. Upon the conviction of such offender, the animals, implements, or other property shall be adjudged by the court to be forfeited. In the event of ac quittal or final discharge without conviction of such offender, such court shall, on de mand, direct the delivery of the property so held in custody to the owner thereof. SEC. 9. When complaint is made on oath or affirmation to a magistrate or court author ized to issue warrants in criminal cases, that the complainant believes that any of the pro visions of law relating to or affecting ani mals are being or are about to be violated in any particular building or place, such magis trate or court shall issue and deliver imme diately a warrant directed to any sheriff, constable, police officer, or agent of such association aforesaid, authorizing him to enter and scarch such building or place, and to arrest any person there pres ent violating or attempting to violate any such law, and to bring suc-h per sou before some court or magistrate of competent juris diction within the city, village, or county, within which such offense has been com mitted, to be dealt with according to law and such attempt shall be held to be a violation ot such law, and shall subject the person charged therewith, if found guilty, to the penalties provided therein. SEC. lo. When a sheriff, co us table, mar shal, police officer, or any agent for any duly incorporated society for the preventatlou of cruelty to animals nas reason to believe that any person within his Jurisdiction is about to violate the provisions of Section 6, hereof, he shall forthwith arrest such person, and take him before a court or magistrate named in Section 9, hereof upon the proper affidavit being filed, such magistrate or court shall hear the witnesses produced, on oath, and if the complaint be found true, shall order the accused to enter into a recognizance, with sufficient sureties, to be approved by the mag istrate or court before whom such person is brought, in a sum not less than one hundred dollars ($100.00) nor more than live hundred dollars (500.00), that he will not violate the violate the provisions of said Section 6, here of, within one year thereafter, within this state, and in default of such recognizance the officer shall commit the accused to Jail, there to remain until such order is compiled with, or he is otherwise discharged by ane course of law, or until he shall make and subscribe on oath, in the presence of two witnesses, that he will not violate the provisions of said Section 6, hereof, -nor aid or abet in so doing within said year. Upon conviction of said person for a subse quent violation of the provisions of said Sec tion within said year, be shall be fined not less than twenty-five dollars ($25.o0) nor more than one hundred dollars ($100.00) or imprisoned not less than thirty days, nor more than ninety days, in the discretion ef the court. SEC. 11. Every such recognizance and every recognizance taken under Section 10 hereof, shall be, by such udge or magistrate, certified to the district court of the county, where the same shall be recorded, and the Eelieve rosecuting. attorney, when be has reason to that the condition of the same has been broken, shall immediately bring suit thereon, in any connty, and collect the amount due thereon. SEC. 12. An officer, agent, OJ mem ber of any society for tbe preventa tion of cruelty to animals or children may interfere toprevent the perpetration of any set of cruelty in his presence, and may use such force as may be necessary to pre vent the same, and to that end summon to his aid any bystanders. Any person who shall interfere with or ob struct any such officer or agent in the dis charge of his duty,is punishable by imprison ment not exceeding thtee months, or line of not more than one hundred dollars ($100). Any of said societies auqr, by its agent or at torney, prefer a complaint before any court, tribunal or magistrate having Jurisdiction, for the violation of liny law relating to cruelty to animals or children, and may, by its agent or attorney, aid in presenting the law and facts before such court, tribunal or magistrate in any proceeding taken. order to protect any animal from neglect, ant person may take possession of the same ana whenever an animal is Impounded, yarded or confined, and continues without necessary food, water or proper attention for more than fifteen successive hours, any person may, from time to time, and as often as it may be necessary, enter into and upon any place in which such animal is so impounded, yarded or confined and supply it with necessary food, water and attention so long as it re mains there, or may, if necessary, or con venient, remove such animal, and shall not be liable to any action for such entry in oil cases the owner, or custodian, of such ani mal, if known, shall be immediately notified of such action by the person taking posscs _sion of such animal if the owner or custo dian be unkuown, and cannot be ascertained with reasonable effort, such animal shall be held to be an estray, and shall be dealt with as such the necessary expense for food and attention given to any animal under the pro visions of this section may be collected of the owner of the animal, and the animal shall not be exempt from levy and sale upon execution issued upon a judgment therefor. SEC. 14. Whoever, being the owner, or having the charge of any animal, knowing the same to have any infectious or contagious disease, or to have been recently exposed thereto, sells or barters the same, or know ingly permits such animal to run at large, or knowfugsuch animal to be diseased as afore said, knowingly permits the same to come into contact with any other animal, or an other person, without his knowledge and permissiop, shall be fined not more than one hundred, nor less than twenty dollars ($20), or imprisoned not more than thirty days. SEC. 15. A person guilty of cruelty to an animal, the property of another, snail be liable to the owner thereof in damages, in addition to the penalties prescribed by law. SEC. 16. The several municipal and police courts and justices of the peace in this state shall have full concurrent jurisdiction with the district courts of all offences under this act. SEC. 17. All fines and forfeitures imposed or collected for violations of, or nnder the provisions of this act, shall be paid to the as sociation or associations for the prevention ot cruelty to inimals or children organized in the county, city, town, or village, where such violation occurred. SEC. 18. The word "animal" as used In this title, does not include the human race, but includes every other living creature. The word, "torture"' or "cruelty" includes every act, omission or neglect, wnereby un necessary or unjustifiable pain, suffering or death is caused or permitted. The words "impure and unwholesome milk" includes all milk obtained from ani mals in a diseased or unhealthy condition, or fed oft distillery waste, usually called '•swill," or upon any substance in a state of putrefaction or fermentation. SEC. 19. All acts, and parts of acts, incon sistent herewith are hereby repealed. SEC. 20. This act shall take effect and be in force from and after its passage. Approved April 24, 1889. 130. H. F. No. 459.—AN ACT to amend section four hundred and eighty-nine (489), of the Penal Code, relating to injury to property in houses of worship and school houses. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That section four hundred and eighty-nine (489) of the Penal Code be amended so as- to read as follows: A person who willfully and without au thority breaks, defaces or otherwise injures any house of religious worship or any part thereof, or any appurtenance thereto, or any ornament, musical instrument, articles of silverware or plated ware, or other chattel kept therein for use in connection with re ligious worship, or who wilfully breaks, de faces or otherwise injures any school house or appurtenance, or other public building, or who wilfully breaks, defaces or injuses any globe, map or chart, or any other article kept and used in connection with said school house or other public building, is guilty of a misdemeauor, and is punishable as follows: First—If the value of the property broken, defaced or injured is thereby diminished to an amount less than one hundred dollars, by fine of not more than one nundred dollars, or imprisonment not more than ninety days, or by both. Second—If the value of the property broken, defaced or injured is thereby dimin ished more than one hundred dollars, by im prisonment not less than six months nor more than two years. Third—In addition to the punishment pre scribed therefor, such person is liable in treble damages for the injury done, to be re covered in a civil action by the owner of such property, or the public officer having charge thereof. SEC. 2. This act shall take effect and be in force from and after its passage. Approved March 19 1889. 151. H. F. No. 420—AN ACT to amend sections three hundred and twenty-seven (327) and three hundred and twentv-nine (329) of the Penal Code. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. Section three hundred and twenty-seven (327) of the Penal Code is here by amended so as to read as fellows: An apothecary or druggist, or a person em ployed as clerk or salesman by an apothecary or druggist, or any person otherwise carrying on business, who shall sell or give away arsenic, or its preparations, aconite, bella donna, lead or its preparations, mercury or its preparations, hydrocyanic acid, oxalic acid, copper or its preparations, phosphorus, oil of savin, oil of tansy, morphine, strych nine, laudanum, rough on rats, or cyanide of potassium, without first recording in a book to be kept for that purpose, the name and residence of the person receiving such poi son, together with the kind and quantity of (such poison received, except upon the writ- -ay .. son purchasing any of the above named drugs, who shall give the person selling the same a false name for registration, shall, upon con viction thereof, be deemed guilty of-a misde meanor. Provided that this section shall not apply to the sale of paris green. SEC. 2. Section three hundred and twenty nine (329) ef tbe Penal Code is hereby •emended so as to read as follows: An apothecary or druggist, or a person em ployed as clerk or salesman by an apothecary or druggist, or any person otherwise carrying on business, who shall sell or eive away arsenic or its preparations, aconite, belladonna, lead or its preparations, mercury or its prepara tions, hydrocyanic acid, oxalic acid, copper or its preparations, morphine, phosphorus, oil of savin, oil of tansy, oil of cedar, strych nine, rough on rats, cyanide of potassium, carbolic acid, tincture nux vomica, fluid ex tract ergot, fluid extract cotton root, chloro form, chloral hydrate, croton oil, sulphate of zinc, mineral acids, stramonium, conium, opium or its preparations, except paregoric aud Dewees' carminative, without attaching to the vial, box or- parcel containing such substance, a label with the name and resi dence of 6uch person, the word "poison," and the name of such article written or printed, or partly written and partly printed thereon in plain and legible characters, is guilty of a misdomeanor. SEC. 3. This act shall take effect and be in force from and after the date of its passage. Approved April 23,1889. 152. H. F. No. 650.—AN ACT to amend an act en titled, "An act to establish a Penal Code," approved March 9. 1885. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That section two hundred and forty-six (246), of chapter three (3), title ten (lo), of an act entitled, "An act to establish a Penal Code," approved March 9, 1885, be so amended as to read as follows: Section 246. Abandonment of wife or of child under ten years. A'parent or other person having the care or custody for nur ture or education ot a child undei the age of ten (10) years, who deserts*the child in any place, with the intent wholly to abandon it, is punishable by imprisonment in the state prison for not more than one year and a husband, who, witbout lawful excuse, and •gainst her will, so deserts nis wife, is guilty of a misdemeanor. SEC 2. That section two hundred and forty-seven (247) of said act be so amended as to read as follows: Section 247. Unlawfully omitting to pro vide for a wife or child. Any person who wilfully omits, without lawful excuse, to perform a duty by law imposed npon him to furnish food, clothing, shelter or medical at tendance to his wife or to a minor, is guilty of a misdemeanor. SEC. 3. This act shall take effect and be in force from and after its passage. Approved April 24.18s9. 153. H. P. No. 667.—AN ACT to amend section three hundred and twenty-eight (328) of the Penal Code. Be it enacted bv the Legislature of the State of Minnesota SECTION 1. Section three hundred and twenty-eight (328) of the Penal Code is here by amended so as to read as follows: Section 328. Refusing to exhibit rec cords. A person whose duty it la by the last section to keeft a book for recording the sale or gift of persons, who willfully refuses to permit any officer or person acting nnder the directions of an officer, to inspect said book upon a reasonable demand made during the ordinary business hours, shall, upon convic tion thereof, be deemed guilty of a misdo meanor, and be punished by a fine not to exceed fifty (50) dollars. SEC. 2. This act shall take effect and be In force from and after the date of its pasaas*. Approved April 23,1889. 154. S. F. 453—AN ACT to amenL«sectlon thir teen (13) of tbe Penal Code of the State of Minnesota. Be it cnacted by the Legislature of the State of Minnesota: SECTION 1. Section thirteen [13] of the Penal Code is hereby amended so as to read as follows: "The person convicted of a crime deelarcd to be a misdemeanor, for which no other punishment Is prescribed by this or by anv statutory provision in force at the time of the conviction and sentence, is punishable by imprisonment in the county Jail for not more than three 131 months, of by a tine of not more than one hundred [$100] dollars." SEC- 2. This act shall take effect and be in force from and after its passage. Approved April 24,1889. ^gggO^_gAjW_BPPPtEMEST, COSTAlNTyG TTTE GfiffERAL I/AtVS PASSED DTIUyfl tRS SESSION OF 1839—OITOTT*r. FtTBLfljATION Amendments to General Statutes. 155. H. P. No. 128.—AN ACT to amend title twenty-four (24) of chapter sixty-six (66) of the General Statutes of 1&78. relating to proceedings supplementary to the execu tion. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That section 337 of title tweuty-four of chapter sixty-six, of the Gei£ eral Statutes of 1878. be and the same hereby amended so as to read as folloWi Sec. 337. When an execution against prop erty of the judgment debtor or of any of ser^ eral debtors in tbe same judgment is issuetf to the sheriff of the county where said deb toff1ibisattorney. resides, or if he does not reside in this statfi to the sheriff of the county where the Juag^' ment roll, or a wanusoriptof a justice's judg ment is filed, is returned unsatisfied, in whof" or in part, the to an order court of the Judicial dlstrict^rhere thedebtdfc. resides, requiring such judgment debtor. if a corporation, any officer thereof, toappeitfr' and answer concerning h|s or its property before the judge of the district in which sucb debtor resides, or where such corporation has an officer, OT before a referee appointed bj such judge, at a time and place specified said order. Provided that, if the judgment debtor or other person required to attend attdk. be examined, as prescribed in this title, officer of a corporation, required to attend kg its behalf, is at the time of the service of ttta order upon him, a resident of the state, e* then has an office within the state for the regular transaction of business in person, he cannot be compelled to attend pursuant to the order, or to any adjournment, at a place without the county wherein his residence or place of business is situated. judgment creditor 'is entitl from thejndge of the distri SEC. 2. That section three hundred and forty (340) of said title and chapter is so amended as to read as follows: Sec. 340. Witnesses may be required to appear and testify on any proceedings under this title in the same manner and subject to the rules governing the trial of actions, and such debt ors may be represented by counsel. An ap peal may be .taken to the supreme court by any aggrieved party in such proceedings from any order or judgment made or ren dered in the proceedings under said title and chapter. SEC. 3. That section three hundred and fortv-three (343) of said title and chapter be so amended aa to read as follows: Seo. 343. The judge may in accordance with and sub ject to the rules of courts of equitv, appoint a receiver of the property of the Judgment debtor not exempt from execution, or forbid a transfer or other disposition thereof, or any interference therewith until his further order therein. SEC. 4. This act shall take effect and bo in force from and after its passage. Approved Feb. 26,1889. 156. H. F. No. 183—AN ACT to amend section eleven (11) of chapter sixteen (16) of the General Statutes of the state of Minnesota relative to the sale of intoxicating liquors to minors, students and drunkards. Be it enacted by the Legislature of the State Minnesota: SECTION 1. That section eleven (11) of chapter sixteen of the General Statutes of the state of Minnesota be and the same is hereby amended bv adding thereto the words "and in any suitor prbsecution against the owner or keeper of any hotel, tavern, shop, saloon, brewery or distillery for the violation of any of the provisions of section ten (10) of this chapter proof that intcxicat ing liquor has been sold, given, furnished or disposed of to any minor person in such hotel, tavern, shop, saloon, brewery or dis tillery shall be taken and considered as suffi cient proof that the same was sold, given, furnished or disposed of to sucb minor per son with the knowledge and by the authority of such defendant unless the want of such knowledge and authority shall be established by the positive testimony of at least two witnesses besides such defend ant. SEC. 2. This act shall take effect and be In force from and after its passage. Approved April 23.1889. 157. H. F. No. 343—AX ACT to amend section two (2) chapter seventeen (17) of tko General Statutes of one thousand eight hundred and seventy-eight (1878) relating to bastards. Be it enacted by the Legislature of the Stafte of Minnesota: SECTION 1. That section two (2) of chap ter seventeen (17) of the General Statutes of one thousand eight hundred and seventh eight (187S) be amended by adding to the same the following words: "The accused shall be entitled to a removal of such action as in criminal examinations before justices of the peace." SEC. 2. This act shall take effect and be In force from aud after its passage. Approved April 21, 18S9. & 138. H. F. No. 411—AN ACT to amend sections one and two of chapter eighty-eight, of the General Statutes of One thous&ud eight hundred and seventy-eight, relating to the admission ot persons to practice law in the courts of this state. Be it enacted by tbe Legislature of the State of Minnesota: SECTION 1. That section one, of chapter eighty-eight, of the General Statutes of One thousand eight hundred' and seventy-eight, be amended so as to read as follows: Section 1. Any person of the age of twen ty-one years, of good moral character, who possesses thq requisite qualifications of learning and ability, and who has read law in the office of a regularly admitted attorney and counsellor a.t least two years, is entitled to admission to practice law in all the courts ot this state. SEO. 2. That section two of said chapter be appended so as to read as follows: Section 2. For the purpose of admission he shall apply to the supreme court or any district court when in session, and shall show first, that he is of the age of twenty-one years, which proof may be made by his own affidavit second, that he is a person of good moral character, and has read law in the office of a regularly admitted attorney and counsellor for at least two years, which may be shown by certificate or other evidence satisfactory to the court provided, that any person who was reading law as above re quired on the first day of July, A. D., 1888, may apply for admission at any time after July 1, 1889, without further proof as to time of such reading provided further, that any person having received a diploma from the law department of the University of Minnesota, shall, upon presenting the same to the court, within two years from date thereof, be admitted, as provided in this chaptcr, to practice in this state without further examination as to nis learning,' ability aud time of reading. SEC. 3. This act shall take effect and be In force from and after its passage. Approved April 24,1889. ISO. H. F. No. 493.—AN ACT to amend section three hundred and forty-eight (348), title six (6), of chapter thirty-four (34), of the General Statutes of 1878, relating to Town Insurarice companies. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. Tbat section three hundred and forty-eight (348). of title six (6), chap ter thirty-four (34) of the General Statutes of Minnesota of 1878, relating to Town In surance companies, be and the same is here by amended so as to read as follows "Section 348. The directors of such oom pany so formed shall be chosen by ballot, at the annual meeting thereof, which shall be held on the first Tuesday in January in each year, unless otherwise determined by a ma jority of the voters in such company, and every person insured shall have one vote but no person nhall be allowed to vote by proxy at such election, excepting a wofean." SEC. 2. This act shall take effect and Mia force from and after Its passage. Apprbved April 23, 1889c 1M. -ATX ACT to amend ,'644.— AN ACT to amend Qanerifa H. F. No. Statutes to cemeteryaseociations and private cen8&' teries. Be it enacted by the LegMature of the of Minnesota: »1878. chapter 34, title 5, rclatiiiy SECTION 1. Section 250, chapter 34, Gen eral statutes 1878 is, hereby amended so ks to read as follows: Section 250. After sach map is filed in the register's office, as aforesaid, the trustees may sell and convey the lots as designated on such map, upon such terms, and subject to such conditions and restrictions, to be iQr serted in or annexed to the conveyances, as the said trustees shall prescribe. Every cc veyanoeof any such lots shall be expresi for biitial purposes, and no other, and «h be ia the corporate name of the association signed by the president and treasurer o* president end secretary thereof. .SEC. 2. All conveyances of such lots here tofore made by any cemetery association, signed by the president and secretary thereof are hereby legalized and made valid, aiM shall have tbe same force aud effect asXf signed by the president and treasurer of sucn association. SEC. 3. This act shall take effect and be in force from a ad after Vs Approved April 24, Ml. H. F. No. 708.—AN ACT to legalize the rec ord of certain certificates executed under and by virtue of section eleven /ll), chap ter eighty-one (81), title one (1). and or ders confirming report of sale executed un der and by virtue of section twentv-nin* (29), chapter eighty-one (81), title two (2), General Statutes of Minnesota, of 1878, Be it euacted by the Legislature of tbe State of Minnesota: SECTION 1. That no certificate executed un der and by virtue of section eleven (li), chap- euty-eight (1878), shall be deemed invalid, by reason of the same not having been made, ..vuv» ... Mwv»w«f «M«ve my iwtu ui an such certificates heretofore executed, proved or acknowledged, and recorded, after the ex- plratlon of safil twenty (2b) days Is hereby legalized and made TuicL and the Said rec ord shall have the same force and effect as If the said certificates had been executed, proved, acknowledged and recorded within tbe said twenty (2Q days. SEC. 2. That no order confirming sheriffs report of sale upon a decree on trial in fore closure, shall be sit aside, or deemed Invalid upon tpe ground that noting of application fo the court to confirm report of sale wasjiot served upon the adverse party or his counsel before the giving of the order by the court. 1 Aifcd the Qrder and the record of all such or- I tU "mwi u«\« vuc aamc tuiw Jana effect qs if notice of the application hid 'been duly serv'ed upou the ad vers# party or Provided that no (contained shall be construed rce irom muu alter its passaae. Approved April 3,1889. 109. H. F. If*. 71».2^N ACT to amend three -the en hun ACT to amend qhapter thirty-three (33). of General Statutes of eighteen hurtdredand sevetitv-eight (1878), relating to banks and banking. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That section eighteen (18), of dhapter thirty-three (33). General HtatUtM of eighteen hutjdred and seventy-eight (187$), be amende^ by adding thereto the following: Any sucii association m&f go Into liquidation ana-be ci6sea by the tote of the shareholders owning two-thjrds (M) ot its stock, and whenever a vo« to go into liquidation is taken, the board of directors shall cause such fact to be.ctrtified under seal of the associa tion by its president or cashier to the super intendent of banks, and shall cause notice to be published that the association is clos ing up its affairs 'and that all claims against it are to be presented for payment. Such publication shall be made for four (4) suc cessive wee^s in the cit locatec. there be none, then In some newspaper pub lished in the county in which the association is located. Every such association in liqui dation shall on the first day of January and last day of July in each year report the prog ress of such liquidation to the superintend ent of banks In such form as be may require, which reports shall be under oath or affirma tion of the president, vice president or cash ier of the association, and shall be attended by the signatures of at least two (2) of the directors and any such association which may be in liquidation may be proceeded against by any creditors of the association in the same manner as if the same were not in liquidation. Whenever an association has failed to pay the current demands of its de positors, or is otherwise in a condition of in solvency, it shall not be lawful for such asso ciation or any of its directors, officers, clerks or agents to pay out any of its moneys, to receive deposits, to discount or purchase any notes or bills, or in any other way, directly or indirectly, to prosecute the business of banking but nothing herein shall forbid an association to receive and safely keep money and other property belonging to it. SEC. 2. That section thirty one (31) of chapter thirty-three (33) be amended by add ig thereto the following All transfers and conversions of the prop erty or credits of any association and ail acts which prevent the application of its assets to the payment of its lawful debts, shall be ut terly void when made or done after an act of insolvency committed by such association, or in contemplation of insolvencv and with In tent to defeat the pro rata distribution of the assets of the association, or with intent to give any creditor preference over others. No attachment, injunction or execution shall be issued against an insolvent association or its property before final Judgment in any suit, action or proceeding in any state, county or municipal court, and when such process shall have been issued it shall be immediately quashed or dissolved upon proof that the as sociation was insolvent at the time of the issue thereof. SEC. 3. The attorney general shall also upon demand of the superintendent of banks, institute proceedings for the dissolu tion of such corporation, tne appointment of a receiver whenever the superintendent of banks shall report to him, after due examina tion. that any association organized under this act is insolvent, with a detailed state ment of such examination show'n^ such iu solvency, and the superintendent of banks may in his discretion, pending the appoint ment of such receiver, take possession of the bank and its assets, and receive moneys due the bank and shall schedule all such assets ind keep an accurate record of all monevs jjaid to him, and may appoint an ageut to do so in his stead, taking from such agent such bond and security as he may deem proper, and upon the appointment ot a receiver, the superintendent of banks shall turn over to such receiver all property and assets of such bank that may nave come into his hands while in possession of such bank. Provided, That the officers and directors of any bauk that upon examination may be found insolvent, may make good anv defi ciency that may exis't in the assets o'f the bank. Upon showing that such deficiency has been made good and the. payu^nt ot any costs that may have been incurred, all pro ceedings shall be discontinued. SEC. 4. That section forty seven (47) of said chapter thirty-three (33) maybe amend ed by adding thereto the following: The directors of any association may de clare dividends out of its net earnings, or any portion thereof, but no dividend shall be made by any association while it con tinues its banking operations, to an amount greater than its net profits then on hand, after deducting all losses and bad debts. Whenever a dividend is to be declared, the officers and accountants of the association, under the supervision of the board of direc tors, shall determine the net profits, and in so doing shall charge against its net profits all losses and bad debts. All debts due to any associations, on which interest is past due and unpaid for a period of twelve (12) months, unless the same are well secured or in process of collection, shall be considered bad debts within the meaning of this section. The directors shall enter in the minutes'of their meeting a complete list of all debts on which the interest is past due and unpaid for a period of twelve (12) months or more, with a brief statement as to the value of each one and the character and value of security, if any. SEC. 5. This act shall take effect and be in force from and after its passage. Approved April 24,1889. 103. H. F. No. 720—AN ACT to amend section twenty-three (23) of chapter eighty-one (81), Gen. Statutes of (1878), relating to foreclosure of mortgages. Be it enacted by the legislature of the state of Minnesota: SECTION 1.—That sec. twenty three (23) of chap, eighty-one (81), General Statutes of (1878) be and the same is hereby amended so as to read as follows: SEC. 23. That within ten days after fore closure of anv mortgage under the provisions of this act, the party foreclosing, or his at torney. shall make and file for record with the register of deeds in the county where the property is located, au affidavit of costs and disbursements, setting forth in full a detailed bill of the costs and disbursements, includ ing attorneys' fees embraced iu the fore closure sale, and that the same has been ab solutely and unconditionally paid or in curred. SEC. 2. This act shall take effect and be In force from and after its passage. Approved April 23.1889. 164. B. F. No. 723—AN ACT to amend section 125, of chapter eight (8). of the General Statutes of 1878, relating to section, quar ter section or meander posts or monu ments, and to the re-establishment thereof. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. Section one hundred and twenty-five (123),'of chapter eight [8], of the General Statutes of One thousand eight hundred and seventy-eight (1878), is hereby amended so as to read as follows: Section 125. The board of countv com missioners of aay couaty where it shall b« made to appear to tbetr satisfaction, at any regular or special meeting, that the section, quarter section or meander posts or monu ments established by the United States have Been destroyed, or are becoming obscure, shall have power to authorize and direct the County surveyor of the county lo resurvey, relocate and re-establish sucn section, quar ter section or meander posts or monuments, by having permanently placed at such gov ernment corners an iron or stone or wood post or monument, of a durable character, oft such size and construction as in their discre tion may be deemed desirable. In making such survey the said county surveyor shal keep full and accurate notes thereof, and shall file a certified copy of the same in the office of the register of deeds of said couuty. I Sac. 2. This act shall take effect and be in cjrce from and after its passi Approved April 24,1889. IN. H. F. No. 740.—AN ACT amending sec tion two (2) of chapter sixty-nine (69), General Statutes 1878, relating to and legalizing conveyances made by married women in specified cases. Be it enacted by the Legislature of the State of Minnesota: SSCTION 1. 8ectIon two (2) of chapter sixty-nine (69), General Statutes 1878, is amended by adding thereto the following pro-' viso: Provided further, that any deed, mort gage or other conveyance of land In this state, heretofore or hereafter made in good faith, tor a valuable consideration, by aa adult woman without any husband hav ing Joined therein, but after Judgsoeut ef any district court ox this state, .remaining la full force, adjudging the nullity of her mar riage or granting her a divorce from bonds of matrimony, or from bed and board, shall be as valid and effectual to all intents and purposes as if she had never been married, any defect in the service of the summons or complaint in the action for sueh relief or divorce to tbe contrary notwithstanding provided, nevertheless, such deed, mortgage or other conveyance was made after expira- tlap of the time allowed bt law to appeal from snch Judgment and, provided further, that the defendant in 6uch divorce proceed ings actually received tbe summons and com plaint, or bad, before entry of such Judg ment, actual knowledge at the pendency of such action, so that he could have defended the same, which shall appear by the records in the case or be made to appear to the satis faction of the court. Nothing herein con tained shall in any manner affect the rights of parties to any action now pending in any of the courts of this state. Sac. 2. This act shall take effect and be in force from and after its passage. Approved April 24,1889. 166. H. F. No. 1057—AN ACT to amend section one (1), chapter one hundred and twenty four (124)oi General Statutes of 1878 rela tive to legal holidays. Be It enacted by the Legislature of the State of Minnesota: SECTION 1. That section one (1) of chap ter one hundred and twenty-four (124) of General Statutes 1878, be and the same is hereby amended so as to read as follows: "Sec tion 1. That the twenty-second day of Feb ruary, the anniversary of the b'irtbdav of Washington, and the thirtieth day of May, known as "Memorial Day," shall be observed in this state as legal holidays hereafter that no public business, except "in case of necess ity, shall be transacted on either of said days, and that no civil proeess shall be served on either of said days." SEC. 2. All acts and parts of acts incon sistent with the provisions of this act are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. Approved April 24, 18S9. 167. H. F. No. 1099.—AN ACT to amend seotion onefl), chapter twenty-eight (28), of the General Statutes of 1878, relating to auc tioneers. Be it enacted by the Legislature of the Stale of Minnesota: SECTION 1. That section one (1) of chap ter twenty-eight (28) ot the General Statutes of 1878 be aud the same is hereby amended so as to read as follows: Section 1. The board of county commissioners may license, for the term of one year, one or more legal voters of this state, to be auctioneers. The county auditor shall record every license granted. SEC. 2. This act shall take effect and be in force from and after its passage. Approved April 24.1889. wsT H. F. No. 1100—AN ACT to amend chapter 8 of the General Statutes 1878, relating to counties and countv officers. Be it enacted by the Legislature of the State of Minnesota SECTION 1. That section eighty-nine (89) of chapter eight (8) of General Statutes one thousand eight hundred and seventy-eight (1878) be and the same is hereby amended by adding thereto the following:* Provided that the board of commissioners of any county may in their discretion at their regu lar meetings in January and July appropri ate from the revenue fund of their county a sum of money not exceeding one hundred and fifty (150) dollars to pay incidental ex penses of the countv incurred for postage of the several county officers entitled thereto, and express charges chargeable to the county, and the mileage of town officers making election returns, and snch other purposes as the connty board may direct, provided further, that no person shall be entitled to receive at any one time a larger sum than fifteen dollars from such appropri ation. The money so appropriated shall be paid on the warrant of the county auditor upou tho presentation of a properly itemized aud verified bill, except in such cases where the auditor considers the sums charged to be excessive, in which cases he shall file the bill, if requested by the person presenting tho same, for action of the board at its next meeting. SEC. 2. This act shall take effect and be in force from and atter its passage. Approved April 24. 18S9. 1«». S. F. No. 146.—AN ACT to amend section eight [8] of chapter eight [8] of the Gen eral Statutes of one thousand eight hundred and seventy-eight [1378]. entitled "Coun ty or County Officers." relating to change of boundary line between Beltrami and Cass counties, Minnesota. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. Section eight [8] of chapter eight [81 of the General Statutes of one thousand eight hundred and senenty-ei^ht [1878] is hereby amended by striking out the said section after the figures" 3\ in the tenth [10th] line of said section, and inserting in lieu thereof the following: Thence southwardly on said range line to the southeast corner of township one hun dred and forty-six 1 10). range thirty (30) thence westwardly along said town line to the southeast corner of township one hundred aud forty six (1461, range thirty-six thence south on the range line between ranges thirty-five (35) and thirty-six (3ti) to the northeast corner of township one hundred and forty-two (14'2), range thirty-six (30) thence westwardly along said town line be tween township oiie hundred and forty-two (142) and one nundred and forty-three (143), to the southwest corner of town*one hundred and forty-three (143), range thirty-eight (38), being the place ot beginning. SEC. 2. All that part of township 145, range 35, lyiug westerly of the Mississippi river is hereby attached to Cass county. SEC. 3. This act shall take effect and be in force from and after the date of its passage. Approved April 15, 1889. 170. 8. F. 278.—AN ACT to amend section eleven (11) of chapter twenty-one (21) of the Gen eral Statutes of Minnesota of the year one thousand eight hundred and seventy-eight (1878), relating to weights and measures. Be it enacted by the Legislature of the State of Minnesota. SECTION 1. That section eleven (11) of chapter twenty-one ?21) of the General Stat utes of Minnesota for the year one thousand eight hundred and seventy-eight (1878) is hereby amended by striking out the follow ing words in the third line of said section: ''On or before the first day of June an nually." SEC. 2. This act shall take effect and be in force from and after its Approved April 15, 1&89. 171. S. F. 357.—AN ACT to amend section four (4) of chapter thirty-nine (39) of the Gen eral Statutes of eighteen hundred and sev enty-eight (1878,) relating to chatiel mort gages. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. Section four (4) of chapter thirty-nine (39) of the General Statutes of eighteen hundred and seventy-eight (1878) is hereby amended by inserting after the word "townships," where the same first oc curs, iu.the third line of said section, the words, "orin any unorganized township." SEC. 2 This act shall take effect and fee in force from ana after its passage. Approved April 15, 13S9. 173. S. F. No. 478—AN ACT to amend an act en titled An act to amend section 3 of chapter 18, of the Compiled Statutes of one thous and eight hundred and seventv-eight [1878], relating to partition fences. Be it cnacted by the Legislature of the State of Minnesota: SECTION 1. That section 2 of chapter 18, of the compiled Statutes of 1878. as amend ed by chapter 50, General Laws of Minne sota, for the year 1887, approved Feb. 25th, 1887, be further amended by adding after tbe word "Meeker" in sections one rfj and two [2] of said act, the words "and Wright coun ties." SEC. 2. This act shall take effect and ba in force from and after its passage. Approved April 5,1889. 17S. 9. F. No. 575.—AN ACT to amend chapter forty-three [431 of the General Statutes of Minnesota relating so uses and trusts. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That section twenty-seven [27] of chapter forty-three [43] of the Generel Statutes of Minnesota be and the same is amended so as to read as follows, viz. The district court has full powers to ap point anew trustee in the place of a trustee deceased, resigned, or removed and when, in consequence of death, resignation or re moval, there is no acting trustee, the court in its discretion may appoint new trustees or cause the trust to be executed by one of its officers under its direction, and it may also where a trust has iu good faith been assumed to be executed by a person other than toe trustee originally named, or appointed by a court of this state, ratify, adopt and confirm any or all the acts of such person so acting as trustee in the execution of sucb trust. SBC. 2. This act shall take effect and be in force from and after its pass Approved April 24. 1839. Amendments to General Laws. 174. H. i. :'o. 327—AN ACT repealing an act en titled au act to abolish the process of gar nishment as applied to worklugmen. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That chapter one hundred pnd seventy-nine (179) of the General Law* of the State of Minnesota for the year eighteen hundred and eighlv-seveu (1887) be and the same is hereby repealed. SEC. 2. This act shall take effect and be In force from and after its passage. Approved April 13, 1889. 175. B. F. No. 515.—AN ACT to amend tecUoa e'ghty-three (83) of chapter sixty-six ((56) of the General Statues of one thousand eight hundred and seventv-eight (1878), as the same is amended by chapter forty two of the General Lawsof one thousand eight hundred and eighty-seven (1887), n lating to legal notices. impacted by the Legislature of the State of Minnesota: SECTION 1. That section eighty-three (83) of chapter slxtv-6ix (06) of the General Statutes of one thousand ctgbt hundred and eighty-seven (1887), as amended by chapter forty-two (42) of the General Laws of one housand eight hundred and eighty-seven (1-87), be and the Same is hereby amended so as to read as follows: "Section 83. The publication of legal notices, public state ments, tax lists or official proceedings re quired by law. or by order of a Judge or court, to be published in a newspaper once in each week for a specified number of weeks, shall be made on the day of each week in which such newspaper is published, if a weekly newspaper, ana if a daily news paper, daily I and shall always be upon the same day week that it was first published, and all such publications shall be made in the English language, and shall not be made or pub lished in any newspaper unless said news paper shall have been published aud circu lated in the county where said notice, state ment, tax list or official proceeding is to be published for at least one (1) year next pre ceding tho date of the first publication thereof: Provided, That if no newspaper has been previously published in said connty for one (1) year, as above required, then the same may be published in any newspaper of general circulation in said county which has been published in said county for less than one year, if there be one": but if there be neither, then in any newspaper published at the capital of the state havitig a general circulation in the stjte." SEC. 2. All acts and parts of acts incon sistent with this act are hereby repealed. SEC. 3. .This act shall take effect and be in force from and after its passage. Approved April 23. 1889. 17©. H. F. No. 578—AN ACT to amend section nineteen (19) of chapter one (1) of the General Laws of 1878, relating to the as sessment and collection of taxes. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That section nineteen (19) of ohapter one (1) of the general laws of one thousand eight hundred and seventv-eight (1878), entitled "an act to provide tor the assessment and collection of taxes," be and the same is hereby amended so as to read as follows: Section 19. No person, company or corpo ration shall be entitled to any deduction on account of any bond, note or obligation of any kind given to any mutual insurance com pany, nor on account of any unpaid subscrip tion to any religious, scientific or charitable institution or society, nor on account of any subscription to or installment payable on the capital stock of any company, wliether incor porated or unincorporated "and in all cases where deductions are claimed from credits, the assessor shall require that such deduc tions be verified by the person, officer or agent claiming such deduction. Such person, officer or agent shall make an affidavit that all moneys or other things for which such de ductions are claimed were and are given for a bona fide consideration said affidavit shall also contain the names and residences of the payees holding the' obligations for which such deductions are claimed, and any such person, officer or agent knowingly or will fully making a fraudulent statement of such deductions claimes, and so verified by affi davit, shall be liable to all the pains aua pen alties of perjury, and in addition, to all dam ages sustained by the state, county, or any local corporation, to be recovered in any proper form of action in any court of compe tent jurisdiction, in the name of the State of Minnesota. SEC. z. All acts and parts of acts incon sistent with this act be and the same are hereby repealed. SEC. 3. This act shall take effect and ba in force from and after its passage. Approved April 23, 1889. 177. n. F. No. 833.—AN ACT to emend sections eighteen (18) and twenty-one (21), of chapter one hundred and forty-five (145), of the General Laws of said state for the year one thousand eight hundred and eighty-five (1885), relating to the incor poration of villages. Be it enacted by the Legislature of the 8tate of Minneasota: SECTION 1. That section eighteen (18), of said chapter one hundred and forty-five (145). of the General Laws of one thousand eightliuudred and eighty-five (1885). be and the same is hereby amended by striking out the word "city" where the same occurs in said section and inserting in lieu thereof the word "village." SEC. 2. That subdivision fifteenth (la), of section twenty-one (21), of said chapter be and the same is hereby amended to read as follows: Fifteenth: To prevent or license and reguiate the exhibition of caravans, cir cuses, monte banks, theatrical performances or shows of any kind, to prevent or license and regulate the keeping of billiard tables, pigeon-hole tables and bowling saloons, to rcstain or license aud regulate and tax auc tioneers, liawkers and pedlers, and iu all such cases they may fix the price of said license or tax and prescribe the term of the continuance of such license, and may revoke such license when in the opinion of" the vil lage council the good order or the public in terests of the village require it: provided, that the council may in any case where, in their opinion the public interests of the citi zens or the village require it, refuse to grant any license for the above purposes, and pro vided, also, that twenty-five dollars a day shall be construed by the courts of said state as a reasonable price per day for au auc tioneer's license issued under the above pro vision. The term of no such license snail extend beyond the annual election of officers next after the granting thereof. SEC. 3. This act shall take effeotnnd be in force from and after its pass Approved April 24, 1889. 178. H. F. No. 930—AN ACT to amend an act entitled "An Act Relating to Interest on Money and Usury," being chapter Sixty six of the General Laws of A D. 1879, as the same has been amended, and now raadfe: Be it enacted by the Legislature of the State of Minnesota: Section I. Chapter sixty-six of the Gen eral Laws of 1879, as the same has been amended and now reads, is herebv further amended by adding after section seven an ad ditional section, as follows: See. 7 (a). Nothing in this act shall be construed as in any way effecting any con tract heretofore or hereafter made, wherebv one of the parties thereto has advanced o"r may advance money to be used in busiuess or other ventures mutually determined upon, and whereby the other party thereto, the one receiving such money, has refunded or agrees to refund the same, with interest thereon stipulated (provided such interest does not exceed a lawful rate): and in addition there to has shared or agrees to share, equally or otherwise, with the party so advancing the money, the profits, if any there were or may be, or the business or other ventures carried on or undertaken in whole.or in part with such money. Sec. 2. This act shall take effect and be In force from and after its passage. Approved April 21,1889. 179. H. F. No. 1,066.—AN ACT to amend section twenty-six (26) of an act entitled, "Au Aci to Conform nil Savings Banks, or Institu tions for Savings, to uiformity of Powers, Bights and Liabilities, and to Provide for the Organization of Savings Banks, for Their Supervision, and for the more Effi cient Protection or Depositors in such In stitutions the same being chapter one hundred nine (109) of tbe General Laws of one thousand eight hundred and sev enty -nine, as amended by chapter forty-six (40) of the General Laws of one thousand eight hundred and eighty-three. Be it enacted by the Legislature of tbe State of Minnesota SECTION 1. That subdivision three of seo tion twenty-six (20) of chapter one hundred and ntne (109) of the General Laws of one thousand eight hundred and seventy-nine, as amended by chapter forty-six (46) of tbe General Laws of one thousand eight nundred and eighty-three, be and the same is hereby amended so as to read as follows: In the slocks or banlcs of «ny city, county, town,village or school district in tbe states of Minnesota, Wisconsin or IowtL or in territory now known as tbe territory of Dakota, or in any warrants or latereBt-bcariog obligations, issued by the state, city (or any city board), connty, town, village or school district witnia which such banks shnll be situate or in tbe stocks or bonds of any city, county, town, village or school district of the United States, whloh city, county, town, village or school district had at least ten thousand in habitants, ns determined by the state or United States census taken next preceding the Issue of the bonds or stocks tendered: provided that the bonded indebtedness of any such city, county, town,village or school district so tendering bonds or stocks shall not exceed ten per centum upon the assessed valuation of such City, county, town, village or school district the time of the issue of the stocks or bonds tendered. Szc. 2. This act shall take effect and be in force from and .after its Approved April 24.' 180. H. F. No. J..148.—AS ACT to amend section eleven (11), of chapter twenty-three (23), Of the Gehiiral Laws of the year eighteen hundred ahd sixty-seven (1867), entitled "An «t to provide f*c the incorporation Of savlnJn MSOcHttioiih." Be it eaacted the Legislature of tbe State of Minnesota: SECTIOH 1. That section (11), of chapter twenty-three (23), of the General Laws of eighteen hundred and sixty-seven (1867). entitled "An aet to provide for the iacorpora tion of savings associations," be amended os as to read ns follows: Section 11 The board of trustees shall have power from time to time, to make, constitute, ordain aud establish such by laws, rules and regulations as they shall Judge proper,for the elecliou of their officers for prescribing their respective functions and tbe mode of discharging the same, for the regulation of the time of meeting of the officers and trustees and generally for trans acting, managing and discharging the affairs of the corporation, and said board of trusteea shall have full power and authoritv to alter, change and amend the name or title of such corporation, and to change its principal place of doing and transacting the busines of sucb corporation whenever such board of trustees snail have duly passed a resolution to such effect, and shall have duly amended tbe articles of incorporation as to such changes, alterations and amendments in the maimer provided by law and shall file a. cer tificate of such amendment, alteration or change in the office of the register of deeds of the county wherein such corporation haa or had its principal place of transacting busi ness, and in the office of the secretary of state within ninetv (90) days after the pas sage of such resolution by said board of trustees, provided such by-laws, rules and regulations are not repugnant to this act, to the laws of this state, or to the con stitution of the United States. SEC. 2. This act shall take effect and be ia force from and after its passage. Approved April 24, 18S9. 181. H. F. No. 1,159—AN ACT to amend section one of chapter ninety-nine of the General Laws of 1883, relating to acknowledge ments. Be it enacted by the Legislature of the Stat* of Minnesota: SECTION 1. That section one (1) of chap ter ninety-nine of the General Laws of tha year A. D. 1883, be and the same is hereby amended by adding to said section the fol lowing: Any acknowledgement by or on be half of a corporation made substantially ia the form herein prescribed, shall be prima facie evidence of the facts therein recited and that such conveyance or instrument waa executed by authority of its board of direct ors or trustees, and "that such corporation was competent and authorized to make such conveyance. SEC. 2. This act shall take effect and be in force from aud after its passage. Approved April 24, 1889. 182. II. F. No. 1,289.—AN ACT to provide for the draining of lands in any town in this state by owners of lands when the same cannot be done without affecting the lands of others, and to repeal chapter ninety-nina (99) of the General Laws of A. D. 1887. Be it enacted by the Legislature of the Stat* -of Minnesota: SECTION 1. That the supervisors of any town in this state are hereby authorized to lay out or establish any ditch or drain within the limits of such town for the purpose of drainage, when the same shall be petitioned for by any number of legal voters who own real, estate, or who. occupy real estate under the homestead pre-emption laws of tbe United States, or under contract from the state of Minnesota, when the same cannot be done without affecting the land of others. SEC. 2. Whenever any number of legal voters, as aforesaid, determine to petition the supervisors for laying out or construc tions of a ditch, they shall cause a copy of their petition to be posted up in three of the most public places of the town twenty (20) days before any action is bad in relation thereto. Such petition shall describe as near as possible the course of such ditch, and shall give as near as possible the points where such ditch shall begin and where the same shall terminate, and a description of the lands through which such ditch shall be proposed to be constructed. SEC. 3. Upon receiving such petitition the supervisors shall, within thirty (30) days, make out a notice and fix therein a time and place at which they will meet and decide upon such petition, and shall, at least ten (10) days previous to such time, cause such notice to be given to all occupants of the land through which such ditch is proposed to be constructed, which notice shall bo served personally or by copy left at the usual place of abode of each of said occupants, proof of such service, to be made bv an affi davit of the supervision making sucb notice. SEC. 4. The supervisors, at the time and place fixed iu said notice, shall proceed to examine personally the terrltorv affected by said proposed ditch, and shall near any rea sons for or against the laying out or con all structing of the same, and shall decide upoi the application as they deem proper. If they decide Iu favor of laying out or constructing ill such ditch, they shall make out, or cause to be made out, an accurate description thereof, and incorporate the same in an order to be signed by them, and shall cause such order, together with all the petitions aud affidavits of the service of notice, to be filed in th* office of the town clerk, who thall note the time of tiling the same, and. on a refuial of the supervisors to lay out aud construct such ditch, they shall note the fact on tbe baek of petition aiidfile the same ns aforesaid. All or ders, petitions and affidavits.together with the award of damages shall be made out and filed within live (5) days after the date of the order for laying out or constructing such ditch, but the town clerk shall not record such order within thirty (30) days nor until a tln.il decision is had, and not then unless such order is confirmed: and in such case tha supervisor shall fail to file such order within twenty (20) days they shall be deemed t» have decided against such petition. SEC. 5. An order laying out or directing tbe construction of such ditch and a copy ox the record duiy verified by the town clerk shall be received in all courts as competent evidence of the facts therein contained, and shall "ne prima facie evidence of the regu larity of the proceedings prior to the making of such order, except iu case of appeal when an appeal has been taken within the time limited by this act. SEC. 6." The damages sustained by reason of laying out or construction of such ditcb may be ascertained bv the agreement of tbe owners and supervisors, and unless sucb agreement is made and the owners shall in writing release all claim to damages the same shnll be assessed in the manner herein after prescribed before the same is open or used. Every agreement of the owners shall be filed in the town clerk's office and shall forever preclude the owners of lands from all further claims for damages, not only for the taking of land in tbe construction of such ditch, but also shall preclude the owner from any claim for damages by the use such ditcb. In case the supervisors and tbe owners of lands claiming damages can not agree, nnd if the owner of any land through which any such ditch shall be laid out or coni-tructed is unknown the super visors shall, in their award, specify tha amount of damages awarded by tnem to all such owner or owners, giving a perfeot description of such parcel of land in their award. The supervisors shall assess tbe damages at what they deem just and right with each individual with whom they cannot agree and deposit a statement of tbe amount of damages so assessed to each individual with the town clerk, who shall note tbe time of filing the same. The supervisors, in all cases of assessing damages, shall estimate the damages and benefits which sucb ditch and the construction thereof will confer on the claimants for tbe Fame as well as the dis advantages. Any person living on Uhited states iand who has made his declaratory statement for the same in tbe proper land office shall, for the purpose of this act, b* considered the owner or sueh laud. •SEC. 7. The several acts and provisions ot the General Statutes of one thousand, eight bundled and seventy-eight (1878) and the acts amendatory thereto relating to appeals from the award of damages in the laying out of highways shall be applicable to an appeal from award of damages in laying out or constructing ditches under the pro visions of this act, and such appeals shall b* conducted under the provisions of said laws. SEC. 8. Whenever the supervisors shall have laid out, or authorized the construction of said ditch or drain in conformity with the provisions of this act, the parties petitioning therefor shall have full power to construct such ditch or drain, provided, however, that before they shall enter upon the lands of others to open such ditch or drain the peti tioners shall pay, or cause to be paid, such sums of money as may have been assessed by the supervisors as damages to the owners thereof. SEC. 9. That chapter ninety-nine (99) of the General Laws of one thousand eight hun dred and eighty seven (1887) be and If hereby repealed. SEC. 10. This act shall take effect and b* in force from and after its passage. Approved April 24, 1889. 183. H. F. No. 1318.—AN AcT to amend an act, entitled "An act to prevent debtors from giving preference to creditors, and to se cure the equal distribution of the property of debtors among their creditors, and for the release of debts against debtors." Be it enacted by the Legislature cf the Stat* of Minnesota: SECTION 1. Tnat section one of the act, entitled, "An act to prevent debtors from giving preference to creditors, and to secur* the equal distribution of tbe property of debtors among tbeir creditors, aud for the re lease of debts against debtors," be, and th* seme is hereby amended so as to read as fol lows: Section 1. Whenever any debtor shall have become insolvent, or garnishment shall have been made against any debtor, or ptoptiy of any debtor shall have been levied upon by virtue ot an attachment, execution or legal process issued against him for col lection of money, he may make an assign ment of all bis ttnexempt property for the equal benefit of all bis bona nde creditor* who shall file releases of tbeir demand* against such debtor, as herein provided such an assignment shall be made, acknowledged and filed, in accordance with, and be gov erned by the laws of this state relating to as signments by debtors for the benefit of creditors, except as herein otherwise pro vided and such assignment if made within ten days after garnishment shall have been Biade against the assignor, or within ten days after property of such assignor shall have money as aforesaid, operate to vacate every garnishment and levy then pending, and to discharge all property tberefrom upon qualification of the assignee, or his successor, as provided by law, unless he shall, within five days thereafter, file in tbe office of the clerk of the court, where such assignment was liled. notice of his in tention to retain all pending garnishment*