The St. Cloud journal. [volume], March 26, 1868, Image 3

About The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876

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OFFICIAL
LAWS OF MINNESOTA.
AN ACT relating to tho apportionment of
school money by the County Auditors.
Be it enacted by the Legislature of the State of
Minnesota:
SECTION 1. It shall bo the duty of each
County Auditor in the State, on tho last Wed
nesday of March and on the last Wednesday of
October of each year,to make a report to the
Superintendent of Public Instruction, showing
the whole amount of money by him apportion
ed on that day anion? tho several school dis
tricts in his county tho sources from which
said money was received into the county
treasury the aggregate number of schollars in
tho county, and the number of districts receiv
ing a portion of said school money.
SEC. 2. This aet shall take effect and be in
l'orco from and after its approval.
Approved March 6, 1368.
AN ACT to regulate tho number of Directors
of tho State Normal Board of Instruction.
Be it enacted by the Legislature of the State of
Minnesota:
SECTION 1. The State Normal Board of
Instruction shall consist of seven directors,
one from each Judicial District, and the State
Superintendent of Public Instruction, who is
ex-officio a member thereof, and is Secretary
of said Board.
SEC. 2 The said directors shall be elected as
provided bylaw in section seven, chapter thir
ty-seven of the general statutes.
SEC. 3. All acts and parts of acts incon
sistent with this act are hereby repealed.
SEC. 4. This act shall be in forco from
and after its approval.
Approved February 1. 1868.
AN ACT to amend section 132, of chapter
11, of the General Statutes, relative to re
demption of lands.
Be it enacted by the Legislature of tJie State of
Minnesota
SECTION 1. That section one hundred and
thirty-two, (132,) of chapter eleven, (11,) of
the General Statutes be, and the same is here
by amended so that tho last paragraph of said
section shall read as follows:
1'
And upon payment into the county treas
ury of such sum or amount of subsequent taxes,
interest and charges, together with the sum of
twenty-five cents for each certificate as treas
urer's fee such certificate so given by said
Auditor shall be the evidence of the redemp
tion of said lands."
SEC. 2. This act shall take effect and be
fn force from and after its publication.
Approved March 6, 1868.
AN ACT to authorize the Superintendent of
Public Instruction to give certificates of
qualifications to teachers.
Be it enacted by the Legislature of the State of
Minnesota:
SECTION 1. Tho State Superintendent of
Public Instruction is hereby authorized to
grant and issue State Certificates of eminent
qualifications as teachers, to such persons as
may be found worthy to receive the same
upon due examination by himself, and who
shall exhibit satisfactory evidence of practical
experience and success in teaching said State
Certificates shall supercede the necessity of
any and all other examinations, and shall
be valid in any county and school district in
the State for a period of seven years but a
State Certificate may be cancelled by the
State Superintendent upon proof of immoral or
unprofessional conduct.
SEC. 2. This act shall take effect and be in
force from and after its passage.
Approved March 2, 1868.
AN ACT to amend chapter forty-four (44) of
Session Laws of eighteen hundred and sixty
seven (1867), being an act to amend chapter
eleven (11) of General Statutes, relating to
taxes.
Be it enacted by the Legislature of the State of
Minnesota:
SECTION 1. That section sixty-seven (67)
chapter eleven (11) of the General Statutes be
amended so as to read as follows
Sec. 67. There shall hereafter bo allowed
to the publishers of newspapers for advertising
the delinquent and forfeited tax lists of the
several counties, the sum of fifteen (15) cents
for each description, and whenever more than
one government subdivision or tract of land or
town lot shall be included in a single descrip
tive sentence, the same shall be deemed one
description, and the county auditor of each
county shall charge the same to each tract
when so advertised.
SEC. 2. This act shall take effect and be in
force from and after its passage.
Approved February 27, 1868.
AN ACT in relation to the duties of Clerks of
School Districts.
Be it enacted by tlie Legislature of the State of
Minnesota
SECTION 1. It is hereby made the duty of
the clerk of each school district in this State,
to transmit by mail or otherwise to the super
intendent of common schools of the county in
which the school house of his district is situ
ated, an attested copy of his record of the pro
ceedings of the annual school meeting of his
district, within ten days after the time said
meeting was held the said clerk shall also in
clude in the report, the post office address of
the trustees of his district.
SEC. 2. This act shall take effect and be in
force from and after its passage.
Approved March 5, 1868.
AN ACT to amend chapter six of tho general
laws of 1867, entitled "An act to amend
section eight of chapter thirty-seven of tho
general statutes, relating to State Normal
Schools."
Be it enacted by tlie Legislature of the State of
Minnesota.
SECTION 1. That section one of chapter six
of tho general laws of 1867, be amended by.
adding to said section the following: And
said Board shall appoint some suitable person
treasurer for each Normal School hereafter
organized, who shall be the custodian of all
funds donated or appropriated or belonging to
said school, subject however to the control
of the Board. Ho shall hold his office for one
jear unless sooner removed by the Board and
before entering upon tho duties of his office
he shall execute a penal bond to the State of
Minnesota, for the faithful performance of the
duties of his office the amount of which bonds
shall not be less than twenty thousand dollars
smd said treasurer shall execute a new or addi
tional bond when required by the Board in such
sum as said Board shall deem necessary
SEC. 2. This act shall be in force from and
after its passage.
Approved March 4, 1868
AN ACT to amend Section 84. of chapter
eleven of tho General Statutes relating to
taxes.
Be it enacted by the Legislature of the State of
Minnesota:
SECTION 1. That section 84 of chapter 11
of the General Statutes of Minnesota be
amended by adding at tho end of said sectian
tho following words, "and such decision shall
be binding until annulled by the judgment or
docreo of a court of competent jurisdiction."
Approved March 4, 1868.
AN ACT to amend section one hundred and
thirty of chapter eleven, of tho General
Statutes relating to tho redemption of land
sold for taxes.
Be it enacted by the Legislature of the State of
Minnesota
SECTION 1. That section one hundred and
thirty of chapter eleven, of the general stat
utes bo, and is hereby amended, so as to read
as follows:
Section 130. Lands and town lots sold or
forfeited to the State as aforesaid, may be re
deemed at any time within two years after the
day of date of forfeiture, and all land or lots
belonging to minors, femmescovert, or insane
persons, or persons in captivity, sold or for
feited for taxes as aforesaid, may be redeemed at
any time (during tho continuance of such dis
ability), or within two years after the removal
of such disability.
SEC. 2. This act shall take effect from and
after its passage.
Approved March 5, 1868.
AN ACT to regulate admittance into tho Com
mon Schools of the State, and to repeal sec
tion seveuty-two, of chapter thirty-six (36) of
the general statutes.
Be it enacted by Hie Legislature of the State of
Minnesota:
SECTION 1. Admission to any school or
ganized under the general school law of the
State, or any special school law, sustained in
whole or in part by State school funds, shall
be gratuitous to tho children of all actual res
idents in the district wherein such school is
taught, between the ages of five and twenty
one years, and to all other persons between
the same ages, who may bo in good faith liv
ing in said district, and have not come into
the same for the purpose of attending such
school.
SEC. 2. Section seventy-two of chapter
thirty-six of the general statutes is hereby re
pealed.
SEC. 3. This aet shall bo in force from and
after its passage.
Approved March 6, 1868.
AN ACT to amend section 3, of chapter 41,
of the session laws of 1867, entitled an act
for the adjustment of certain tax accounts
between the State of Minnesota and certain
counties therein.
Be it enacted by the Legislature of the State of
Minnesota
SECTION 1. That section three, of chapter
forty-seven, be amended so as to read as fol
lows
Section 3. The State Auditor is hereby re
quired to allow twenty-five per cent, on all sums
paid on said indebtedness, previous to the first
day of January, 1869, and to allow all abate
ments of taxes heretofore made in accordance
with laws: Provided, however, that one-half of
said indebtedness shall be paid on or before
the first day of July, 1868.
SEC. 2 This act shall take effect and be in
force from and after its passage.
Approved March 4, 1868.
AN ACT to amend section twenty of chapter
thirty-six of the general statutes, relating to
common schools, as amended by an act of
the Legislature approved March 2d, 1668.
Be it enacted by the Legislature of tlie State of
Minnesota:
SECTION 1. That section twenty of chapter
thirty-six of the general statutes relating to
common schools, as amended by an act of the
Legislature approved March 2d, 1868, be
amended by striking out tho following words
in the last line of said section, to-wit: '-And
one-half mill."
SEC. 2. This act shall take effect and be in
force from and after its passage.
Approved March 6, 1868.
AN ACT regulating foreign and domestic in
surance companies.
Be it enadetd by the Legislature of the State of
Minnesoa:
SECTION 1. It shall not be lawful for any
agent or agents of an)r insurance company in
corporated by any other State than the State
of Minnesota, nor for any insurance company
organized under the laws of this State, or
their agents, directly or indirectly, to take
any risks, or transact any business of insur
ance in this State, without such company has
first obtained a certificate of authority from
the State Treasurer, and before obtaining such
certificate such insurance company shall furn
ish said Treasurer with a statement under the
oath of the President or Vice-President and
Secretary of the company, showing—
First. Tho name and locality of the com
pany.
Second. The amount of its capital stock,
and the amount paid up.
Third. Tho amount of its accumulations.
Fourth. The assets of the company, includ
ing—
1. The amount of cash on hand, and in the
hands of agents or other persons.
2. The real estate unincumbered.
3. Tho bonds owned by the company, and
how they are secured, with rate of interest
thereon and schedules.
4. Debts to the company secured by mort
gages.
5. Debts otherwiso secured.
6. Debts for premiums.
7. All other securities.
Fifth. Tho amount of liabilities due or not
duo banks or other creditors by the company.
Sixth. Losses adjusted and due.
Seventh. Losses adjusted and not duo.
Eighth. Losses unadjusted.
Ninth. Losses in suspense, waiting for fur
ther proof.
Tenth. All other claims against the com
pany.
Eleventh. The greatest amount insured in
any one risk.
Twelfth. The act of incorporation of such
company.
Thirteen. Tho amount of gross receipts of
such company during tho preceding year.
It shall be tho duty of tho Stale Treasurer
to cause to be prepared and furnish to each
insurance company applying therefor, printed
forms of the statement required by this
section.
SEC. 2. No insuranco company or agent
or agents thereof, shatl transact any business
of insurance in this State, unless such compa
ny is possessed of at least one hundred and
fifty thousand dollars in value, invested in
United States or State bonds, or other bank
able interest-bearing stocks of the United
States, at their market value. Upon comply-
SUPPLEMENT TO THE ST. CLOUD JOURNAL-THURSDAY, MARCH 26, 1868.
ing with tho preceding section, and upon fur
nishing evidonce to the satisfaction of the
board of insuranco commissioners hereinafter
provided for, that such company has actually
invested tho amount abovo stated in such se
curities as hereinbefore mentioned, tho State
Treasurer shall issue a certificate thereof, with
authority to such company to transact the
business of insurance in this State. Provided,
That insuranco companies organized under the
laws of this State shall bo entitled to such cer
tificate of authority by furnishing evidence to
tho satisfaction of said board, that such com
pany is possessed of, and has actually invested,
at least fifty (50) thousand dollars in United
States or State bonds, or other bankable, inter
est-bearing stocks of tho Unitod States, at
their market value, and by otherwise comply
ing with tho provisions of this act. Provided,
further, That purely mutual compa
nies who insure farm property, and
are already organized under the laws of this
State, shall be entitled to such certificate of
authority by furnishing evidenco as in this
act required, of being possessed of twenty-live
(25) thousand dollars in money or in such
securities as are provided for by this section.
Provided, That insurance companies incorpo
rated under the laws of this State which now
hold certificates of authority from the Treas
urer of this State, in accordance with existing
laws, shall be exempted from the operation of
this act, until tho next annual statement is re
quired to be made.
Provided further, that life insurance compa
nies organized under tho laws of any other
State, shall be entitled to such certificate of
authority by furnishing evidence to the satis
faction of said Treasurer that such company
is possessed of, and has actually invested one
hundred thousand dollars in United States or
State bonds, or other bankable interest bearing
stocks of the United States, at their market
value, or in mortgages on unincumbered real
estate worth double tho amount loaned there
on, exclusive of buildings thereon.
Provided, furtlier, all foreign insurance
companies doing business in this State under
the provisions of this act. shall annually, on or
before the first day of March in each year, pay
to the Treasurer of State two per cent on all
premiums received on cash or otherwise by
their attorneys or agents in this State during
the year ending on the preceding thirty-first
day of December, which sum shall be paid into
the general revenue fund and shall be in
lieu of all other taxes to be collected from said
company in this State.
SEC. 3. The State Treasurer, State Audi
tor, and Attorney General are hereby created
a board of insurance commissioners, whose du
ty it shall be to examine into the affairs of any
insurance company doing business, or apply
ing to do business in this State, and it shall be
tho duty of the officers or agent of such insur
ance company, (at their own expense) whenev
er so required by the said Treasurer, to cause
their books to bo opened for the inspection of
said board, and otherwise to facilitate such ex
amination so far as it may be in their power
to do, and for that purpose the said board
shall have power to examine, under oath, the
officers or agents of nny such company, rela
tive to the business of, and securities possessed
by such company and whenever the said
Treasurer shall deem it for the interest of the
public so to do, he may publish the result of
such examination in one or more newspapers
of the State
SEC. 4. Whenever any insurance company
doing business in this State, upon a reasonable
request of the said treasurer shall refuse to I
comply with any of the provisions of the fore
going section, and whenever it shall appear to
the said board upon such examination, that in
their opinion the assets of any such company
are insufficient under tho provisions of this act
to justify the continuance in business of any
such company, or that the condition of such
company is unsound, the treasurer may forth- I
with revoke the certificate of authority granted
in behalf of such company, and shall cause a
notification thereof to *be published in some
newspaper published at the capital, and such
company, or the agent or agents of the same,
is, after such notice required to discontinue the
issuing of any new policy, and the renewal of
any previously issued, and whenever it shall
appear upon such examination that any insu
rance company, its officers or agents, have
violated any of the provisions of this act, the
said treasurer shall forthwith report the facts,
with such statements and remarks as ho may
deem expedient, to the attorney general, who
shall at once prosecute said company, officer
or agent.
SEC. 5. The State Treasurer shall annually
in his report to the Legislature exhibit an ab
stract of all the returns and statements made
and accepted under tho provisions of this act,
during the year, with such other information
in regard to the condition of the various in
surance companies doing business in this State,
as he may deem expedient, and he shall also,
within a reasonable time after tho passage of
this act, and annually thereafter, in tho month
of February, publish, in some newspapar pub
lished at the Capital, a list of all insurance
companies authorized to do business in this
State, showing in a tabular form the assets,
liabilities and other essential data and infor
mation regarding the statements made and ac
cepted under this act.
SEC. 6. It shall bo tho duty of every such
insurance company, or some agent thereof,
before taking any risks or transacting any
business of insurance in this State, to file in
the office of the clerk of the district court of
the county, in which it is desired to establish
an agency for any such insurance company or
individual, or to transact any business of in
suranco therein, a copy of tho statement re
quired to be filed with the Treasurer aforesaid,
together with a certified copy of the certificate
of said treasurer, which shall be carefully pro
served for public inspection by said clerk,
and also cause said statement and certificate
to bo published in some weekly newspaper
printed and published in said county for three
successive weeks, or in some daily newspaper
printed and published in the city of St. Paul,
tor at least one week, which publication shall
be verified by the oath of the printer or pub
lisher of' said paper.
The statement and evidences of investment
required by this title shall bo renewed annual
ly in tho month of January in each year. The
first statement may be made at any time. If the
board of insurance commissioners on being
satisfied that the capital, securities and invest
ments remain secure as at first, the State Treas
urer shall furnish a 'renewal of certificate as
aforesaid, tho certified copy of which, with
tho certified copy of the statement upon which
the same was obtained shall bo filed, kept and
published in tho same manner, and be gov
erened in all respects by the provisions of sec
tion one of this act.
SEC. 7. Any person or fiirm in this State,
who receives or receipts for any money on ac
count of or for any contract of insurance made
by him or thern, or for such insurance
company or any individual aforesaid, or who
receives or receipts for money from other per
sons, to bo- transmitted to any such company
or individual aforesaid for a policy of insur
ance, or any renewal thereof, although such
policy of insurance is not signed by him or
them as agent or agents of such company, or
who in anywise directly or indirectly make or
cause to be made any contract or contracts of
insuranco for or on account of such insurance
company aforesaid, shall be deemed to all ex
tents and purposes p.n agent or agents of sti ch
ompany, and shall be subject and liable to all
provisions, regulations and penalties of
this act.
SEC. 8. Whenever a judgment for the re
covery of* money has heretofore been or here
after may bo recovered in any of tho courts
of this State against any insurance company or
against any association,* partnership, linn or
individual engaged in the business of insur
ance, and holding a certificate of authority
therefor from the State Treasurer, under the
laws of tho State, and an execution thereon is
issued and duly returned unsatisfied in whole
or in part, and proof is made by any person,
by filing with the State Treasurer a certified
transcript of the docket of such judgment, to
gether with a certificate of tho clerk of the
court in the county where the judg
ment roll is said action is filed, and the
gmbn therein is docketed, that an execu
tion has been issued on such judgment to the
proper officer of such county and returned
satisfied in whole or in part, with the date of
issuing and return, the State Treasurer shall
forthwith revoke all authority or license for
tho transaction of any kind of insurance busi
ness within this State, conferred upon such
insurance company, association, partnership,
firm or individual, by any certificate therefor
granted by said Treasurer to such company,
association, partnership, firm or individ
ual under the provisions of this act,
and shall withhold therefrom any new
certificate of authority, such as is con
templated herein, until such judgment so
docketed against such company, association,
partnership, firm or individual, is wholly paid
and satisfied, and proof thereof tiled with such
State Treasurer by the official certificate of
the clerk of the court in the county where the
judgment roll is filed and judgment docketed,
showing that the same is satisfied of record,
and until the expenses and fees incurred in
the case under the provisions of this title are
also paid by such company, association, part
nership, firm or individual, and the State
Treasurer shall also forthwith cause notice
of such revocation of authority to bo pub
lished in somo daily newspaper, printed and
published in the city of St. Paul, for at least
one week and during the time such authority
or license remains so revoked it shall be un
lawful for the company, association, partner
ship, firm or individual, holding such revoked
certificate of authority, or any of its agents or
officers, to issue or renew any policies of in
surance, take any risks, or transact any busi
ness relating to insurance, except such as is I
absolutely necessary in closing up its affairs in I
this State.
SEC. 9. Any person violating the provisions I
of this act within this State shall, upon con-1
viction in any court of competent jurisdiction,
be fined in any sum not exceeding one thou
sand dollars, or imprisoned in the county jail,
not more than six months, or both, in the dis
cretion of the court and any company that
wilfully makes false returns or statements
under tho provisions of this act, shall be liable
to a fine of not less than five hundred nor
more than five thousand dollars.
SEC. 10. All acts and parts of acts incon
sistent with this act are hereby repealed.
SEC. 11. This act shall take effect and be*in
force from and after its passage.
Approved March 7, 1868.
AN ACT' to secure uniformity in tho text
books used in the common schools of this
State.
Be it enacted by the Legislature of the State of
Minnesota:
SECTION 1. The Superintendent of Public
Instruction, the Principal of the University
of Minnesota, ar.d the Secretary of State,
shall constitute a board of Commissioners,
whose duty it shall be to select the text
books to be used in the common schools of this
State.
SEC. 2. Whenever any text book shall be
selected by said board of commissioners, it
shall be authoritative and binding upon all
public school officers and teachers for the pe
riod of five years: Provided, That said period
shall not begin to run till after three months
from the selection and adoption of such books.
SEC. 3. It-shall be tho duty of said Board,
whenever an exchange of any text book shall
lie made under the provisions of this act, to
make a written contract with tho publishers of
the same, that said publishers shall receive all
tho books in the hands of the families and
scholars in the State, in exchange for the new
books of the same class adopted by said Board,
Provided, That it shall be lawful for said
Board, whenever such exchange of books can
not be effected, to make a contract with the
publishers of any book adopted, that they shall
receive all the books in the hands of the fami
lies and scholars in the State, of the same class
as the one adopted, allowing therefor the true
value of the same according as the same has
or has not been used, the said value to be de
termined under proper regulations to bo adopt
ed by the Board and made a part of such con
tract with said publishers.
SEC. 4. Said Board of Commissioners shall
hold their sessions at St. Paul, in tho office of
the Superintendent of Public. Instruction.
The members of said Board shall receive no
compensation for their services, except that
tho traveling expenses of the Principal of the
University of Minnesota to and from St. Paul
and St. Anthony shall be paid out of tho State
treasury.
SEC. 5. It shall be the duty of the Super
intendent of Public Instruction to insert in the
blank school registers the books which shall
be made authoritative aud binding upon school
officers and teachers agreeable to the provi
sions of this act.
SEC. 6. This act shall take effect and bo in
force from and after its approval.
Approved March 5, 1868.
AN ACT to authorize the organization of per
sons as a Chamber of Commerce, or Board
of Trade, and to incorporate such organi
zation.
Be it enacted by the Legislature of the Slate of
Minnesota
SECTION 1. That any number of persons
not less than three, in any city or town in this
State, having a population of three thousand
souls or upwards, may associate themselves and
become incorporated as a Chamber of Com
mcrce, or Board of Trade, for tho purpose of
advancing the commercial, mercantile, and
manufacturing interests of such city or town,
for inculcating just and equitable principles of
trade for establishing and maintaining uni
formity in tho commercial usages of such city
or town, for acquiring, possessing and dissem
inating useful business information, and for
adjusting tho controversies and misundorstand-
ings which may arise between individuals en
gaged in trade, and for promoting the general
prosperity of such city or town.
SEC. 2. All persons so associating shall pro
ceed in accordance with the provisions of title
one hundred and eleven (111) of chapter thirty
four (34) of the General Statutes, so far as the
same are or may be applicable, and even- such
corporation shall be endowed with the follow
ing in addition to its ordinary powers, viz:
First—Said corporation may constitute and
appoint committees of reference and arbitra
tions, and committees of appeals, who shall
bo governed by such rules and regulations as
may bo prescribed in the rules, regulations
or by-laws for the settlement of such matters
of difference as may be voluntarily submitted
for arbitration by members of the association,
or by other persons not members thereof the
acting chairman of either of said committees,
when sitting as arbitrators, may administer
oaths to the parties and witnesses, and issue
subpoenas and attachments, compelling the
attendance of witnesses, the same as justices
of peace, and in like manner directed to any
constable to execute.
Second—When any submission shall have
been made in writing, and a final reward shall
have been rendered, and no appeal taken with
in the time fixed by the rules or by-laws, then
on filing such award and submission with the
clerk of tho circuit court, an execution mav
issue upon such award as if it were a judg
ment rendered in the circuit court, and such
award shall thenceforth have the force and
effect of such a judgment, and shall be entered
upon the judgment docket of said court.
Third—Said corporation shall have power
to appoint one or more persons, as they may
see fit, to examine measures, weigh, gage or
inspect flour, grain, provisions, liquor, lum
ber, or any other article of produce or traffic
commonly dealt in by the members of said
corporation, and the certificate of such person
or inspector as to the quality or any quantity of
such article, or their brand or mark upon it,
or upon any package containing such article,
shall be evidence between buyer and seller,
of tho quantity, grade or quality of the same,
and shall bo binding upon the members of
said corporation, or others interested, and
requiring or assenting to the employment of
such weighers,measurers, gagers or inspec
tors nothing herein contained, however, shall
compel the employment by any one such ap
pointee.
Fourth. Said corporation may inflict fines
upon any of its members and collect the same,
for breach of its rules, regulations, or by-laws,
but no fine shall exceed five dollars: said fines
may be collected by action of debt before a
justice of the peace, in the name of the cor
poration.
SEC. 3. Any corporation of the class speci
fied in section one of this title heretofore or
ganized or attempted to be organized under
former general laws may conform their arti
cles to the provisions of this act, and re-file
the same with the Secretary of State as herein
provided, and thereafter without any other
act or ceremony shall become entitled to all
the rights, benefits and privileges conferred
herein.
Approved March 6, 1S68.
AN ACT for the protection of persons when
operating or using Threshing machines.
Be it enacted by the Legislature of the State of
Minnesota:
SECTION 1. That it shall be the duty of
any person or persons, company or companies
having puc operating a threshing machine or
machines, the horse power and seperator "of
which are connected by what is termed a
tumbling rod, to box or cover and enclose the
knuckles and rods between the outside horse
and the machine with a board box, so that no
part or portion thereof shall be exposed,
whereby persons shall be liable to be injured
when the machine is in operation.
SEC. 2. Any person or persons,company or
companies, who shall refuse or neglect to
comply with the provisions of this act, shall
be deemed guilty of a misdemeanor and upon
conviction thereof before any magistrate or
court having jurisdiction, shall be fined not
more than fifty dollars for each and every of
fense, and pay all costs of prosecution.
SEC. 2 All actions under this act shall be
commenced within thirty days from the time
the offense was committed.
All fines imposed and collected under this
act shall bo paid one half to the complainant,
and the other half into the county treasury
for the use of common schools.
SEC 4. Tnis act shall take effect and be in
force from and after it passage.
Approved Feb. 15, 1868.
AN ACT to authorize Railroad Companies to
execute.morigages or deeds of trust, and to
provide for the recording of the same.
Be it enacted by the Legislature of the State of
Minnesota:
SECTION. 1. The several railroad companies
of this State shall have the power, and arc
hereby authorized, to mortgage or execute
deeds of trust, of the whole or any part ot
their property and franchises, to secure money
borrowed by them for the construction and
equipment of their roads, and may issue their
corporate bonds in sums not less than live
hundred dollars, secured by said mortgages or
deeds of trust, payable to bearer or otherwise,
and if payable to bearer, negotiable by deliv
ery, bearing interest at the rate not to exceed
ten per cent, per annum, and convertible into
stock or not, as may be deemed expedient,
and may sell them at such rates or prices as
thoy deem proper: and if said bonds shall be
sold below their nominal or par value, they
shall be valid and binding on the company,
and no plea of usury shall be put in or allowed
by said companies in any suit or proceeding
upon the same.
SEC. 2. Snid mortgages or deeds of trust
may, by their terms, include and cover, not
only the property of the companies making
tRem at the time of their date, but property
both real and personal, which may thereafter
bo acquired by them, and shall be as valid and
effectual for that purpose, as if the property
were in possession at the time of the execu
tion thereof.
SEC. 3. Said mortgages or deeds of trust,
shall be recorded in the office of the Registor
of Deeds of each county through which the
road mortgaged or deeded may run, or wher
ever it may hold lands, aud shall be notice to
all the world of the rights of all parties under
the same, and for this purpose and to secure
tho right of mortgagees or parties interested
under deeds of trust so executed and recorded,
the rolling stock and personal property of the
company, properly belonging to the road and
appertaining thereto, shall bo deemed a part
of the road, and said mortgages and deeds so
recorded, shall have the same effect both as
to notice and otherwise, as tcf the personal, as
to the real estate covered by them.
SEC. 4. This act shall take effect and bo in
force from and after its passage.
Approved March 5, 1868.