OCR Interpretation


St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, May 07, 1889, Minnesota Law Supplement, Image 14

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■aid lands are situated; together with. a cer» 1
tificate from the state auditor showing that*
(the lands sold to said purchaser I at tax sale
Nave been forfeited to ihe state by the pur.
haser for the year or years for which said
Ends have been sold for delinquent taxes,
Fceive from the county auditor an order on
lie county treasurer for the amount paid at
{aid delinquent tax sale without Interest
provided that this act shall apply to sales Of
such lands heretofore made. . . •
Seo. 2. This act shall take effort «*«
be in force from and after its passaga,
Approved April 23, 1889. -";.'
43.
fi 1 No. 369- AN ACT in relation to sals of
real estate heretofore made by executors,
■ administrators or guardians. . : •_;.._
fie it enacted by the Legislature of the State
of Minnesota: - : -';.V' '
Section 1. In case of an action relating
to anv estate heretofore sold by an executor*
administrator or guardian, in which any
■heir or person claiming under . the deceased,
or in which the ward or any person claiming
under him. shall contest the validity of the
sale, it shall not Invalidate such sale on ac
count of Its appearing that the executor, ad
ministrator or guardian had not taken the
oath prescribed in section 45, of chapter 57, of
the Statutes of 1S78. Provided, that this
act shall not be construed to impair or in any
wav affect auy action now pending . « «*» • •
Sec 2. This act shall take effeot **.* be la
force from and after Its passage.
Approved April 24, 1889.- .
41. '
B. P. No. SS3.— AN ACT amending- section
five (5) of ■ chapter sixty-nine (fl«) Of. the
General Statutes of Minnesota of A. D.,
one thousand eight hundred and seventy
eight (1878). relating to proceedings to de
bar husband and wife from Interest in the
property of the other. . / a . ■■'_.•.•
Be it enacted by the Legislature of the State
of Minnesota: ■ ■'>'•». ; '-' :;
Section l.— That section five (3) of chap
ter sixty-nine (09) of the General Statutes of
one thousand eight hundred -and' seventy.
eight (1S7S) be, ana the same is hereby
mended to read as follows: .' *
'•Section 0.— Whenever a married man
shall be deserted by his wife, or a married
woman shall be deserted by her husband
for the space of one year, or whenever ha Ot
she would, for any cause, be entitled to a
divorce from such husband or wife under
the laws of this state, (or whenever he or she
has a husband or wife that has been Insane
for ten years immediately prior to the time
of bringing the action hereinafter named
and upon the hearing thereof shall be found
to be incurablv insane,) he or she may bring
an action in the district court of the proper
countv. asking for a decree which shall de
bar him or her so deserting or furnishing
grounds for a divorce, or so found to be in
curably insane as aforesaid, from any right
or estate by the curtesy or in dower, or other
wise, as the case may be, in or to his or her
lands, and which will give such husband ot
wife, full authoritv to aliene, sell ana con*
vey, and dispose of his or her lands, without
the interference of or signature of the hue.
band or wife so deserting, or being guilty of
acts which would entitle the person bringing
such action to a divorce, or so found , to i be
incurably insane as aforesaid ; and the court
may grant such decree whenever it shall at
gear just or expedient; and thereupon the
husband or wile shall have full control of
his or her real estate, with power to convey
the same without the husband or wife join
lug in the conveyance, and as fully as if he
or she were unmarried : or the court may, by
such decree, make such limitations on the
power to convey such real estate as may
seem meet and proper in the premises. .A
certified copv of .such decree may be record
ed in the deed records in the office of the
register of deeds in any county, wherever
such lands, or any part thereof - may be Sis*
uated. .. ■ '■"'■ • •■'_ ; ■=.'
Section This act shall take effeot sad
be in force from and aft?rits passage, \- £Ca'<£
Approved March 8, 1689.
45. "
H. F. No. 399— AN ACT entitled U If) te
amend section 4 of chapter 66 ; of the Gen
eral Statutes of 1878, relating to olTii no
tions.
Be it enacted by the Legislature of the State
of Minnesota : - •
Section 1. That sec.f our (4) of chap.slxty*
six (66), of the General Statutes of 1878 be
amended so as to read as follows: •■ =
"Sec 4. Actions to recover real property,
No action for recovery of real property,
®r for the recovery of the - possession
thereof, shall be maintained unless it appears
that the plaintiff his ancestor, predecessoror
yrantor, was seized or possessed of the prem
ises in question, within fifteen years before
the commencement of the action." ■ ir.
. The periods prescribed . in tne preceding
section for the commencement of actions,
are as follows:"' .^AH'irisgWt'l'I'H/ 1 "!' 1 * tj
Sec 2. Nothing herein contained shall be
construed to affect any. action or proceeding
now pending in any of the courts of this
state.
Sec 3. This act shall take effect and be
In force from and after the first day i of Jaa
nary. 1891.
Approved April 24, 1889.
46.
©. P. 443.— AN ACT to amend seotion 89 of
chapter 11, General Statutes 1878, as
amended by section 6 of chapter 2, General
- Laws of 1885, relating to taxes. ' • .1
Je it enacted by the Legislature of the State
of Minnesota: •'-'-■■'
Section 1. That section fifty-nine [59] of
shapter eleven [11], General Statutes 1878,
*8 amended by section six : [6], chapter two
[2]. General Laws of 1885, be amended by
Inserting after the word "■ "fact" in the fif
teenth line of said section six [6] the follow
ing: "The sheriff shall at the time of filing
said list with the clerk also return all the
warrants with indorsements thereon show
ing his doings in the premises, and the clerk
shall file and preserve said warrants in his
office."
Sec 2. This act shall take effeot and beta
force from and after its passage.
Approved April 24, 1889.
47.
H. P. No. 460— ACT to amend section
ninety-seven (97) of chapter eleven (ill
of the General Statutes of eighteen hun
dred and seventy-eight (1878), relating to
taxes. '-.■■■■
Be it enacted by the Legislature of the State
of Minnesota:
Section 1. That section ninety-seven (87)
of chapter eleven (11) of the General Stat
utes of eighteen hundred and sevent-eight
(1878), as amended by section nineteen (19) .
'.of chapter ten (10) of i the General Laws lor
the year eighteen hundred I and eighty-one
'(18S1), be and the same Is hereby amended
fey adding to the first paragraph and before
[the first proviso of said section nineteen (19)
'the following words, to-wit: Provided,
i That in any action or proceeding brought to
I vacate or set aside any tax judgment, when
[the land has been sold to an actual purchaser
pursuant to the provisions of this act, before
any order, judgment, or decree shall be
entered vacating or setting aside said tax
Judgment in favor of the plaintiff or appli
cant, he shall pay into court for the benefit
of the other party all taxes, penalities and
Tosts, as appear from the books of the county
auditor, with interest [ thereon paid by such'
party, or any one from whom he claims. -
Sec 2. This act shall take effect and be
in force from and after the date of its pass
age. - -: . r
Approved April 24th, 1888.
48.
U. P. No. 464.— AN ACT to amend section
ninety-two (92) of chapter eleven (11) of
the General Statutes of one thousand eight
hundred and : seventy-eight ' (1$78), relat
ing to the redemption of lands sold for
taxes.
lie enacted by tho Legislature of the State
of Minnesota: .
> Section 1. section ninety-two (92) of
Chanter eleven (11) of the General Statutes
Jot Minnesota of one thousand eight hundred
tend seventy-eight (1878); is hereby amended
|>y striking out the words "undivided estate
In any" after the word*"any" where they .oc
cur in the second (2) line of said section,
and by striking out the word "undivided" in
ithe third (3) hue of said section, and insert
ing after the word "estate" In the third [9)
Bine of said section the words "or Interest,
bo that said section when amended shall read
as follows:
; Section 92. Any person who has or claims
Any Interest in or lien upon any piece or par
cel of laud sold, may redeem such estate or
Interest by paying into the treasury a pro
portionate part or the amount required to re-
Heem the whole, and in such - case the cos
itificate shall express the estate or interest ft*
"deemed.
I Sec 2. This act shall take effect and be la
force from and after its passage.
' Approved March 20, 188a
49.
B. P. No. 003.— AN ACT to amend section
sixty (60) of chapter eleven (11) of the
General Statutes of 1878 as amended by
section seven (7) of chapter two (2) of the
General Laws of Minnesota for the • yew
eighteen hundred and eighty-five (1886),
relating to the assessment and collection of
taxes.
Be it enacled by the Legislature of the State
• of Minnesota:
I Section l. That section sixty [60] of
chapter eleven [11] of the General Statutes
of Minnesota of 1S78 as amended by chapter
two [2], section seven [7], . of the General
Laws of the State of Minnesota for the year
'eighteen hundred and eighty-five [1885] be
amended by adding thereto the following
proviso :
"Provided further, That where a citation is
tiot served by reason of the fact that the per
son against whom such tax is assessed is a
non-resident of the state of Minnesota, or by
reason of the fact that such person shall have
died and his estate shall have been adminis
tered and assigned, or by reason of the fact
,that the administrator or executor of an es
tate or the assignee for the benefit of creditors
or any other person acting in a position or ca
pacity of trustee shall have been duly dis
charged from his trust by a court of compe
tent jurisdiction of ter the time when the
.property in his charge shall have become sub
ject to taxation and before the total amount
of such taxes shall have been ascertained and
levied. In any such case a new citation shall
Issue in a proceeding brought by the county
iciM^^^ mttUtomrt: co$ftJ3$R8'& *S$ <5EtfgfeXl laws passed Dtrsiare rm $3&3f5fc bt im—Q&<iOjA& tvsu
attorney of the proper county t against j such ?
j non-resident or against the persons E to whom |
, the residue • of j any fc estate of any ,1 deceaaed
person, or the persons . (not s a i creditor), (t or
persons to whom the residue of any estate as
signed for the benefit of creditors shall be as
signed,- which proceeding shall be brought in
; the name of the. state of Minnesota or of ! the
proper county, and in any I such • action pro
ceedings may be had by attachment - or gar;
nishment, as in civil actions, and I such pro
ceedings may be brought I against I any one of
suoh persons receiving tho residue of such es
tates, and the court may acquire jurisdiction
by publication of such citation in | the i some
manner as in the publication of the summons
in proceedings in attachment against non-res
idents, and such proceedings may be brought
to final judgment in the same manner as pro
vided in proceedings in citation for non-pay
ment of personal property taxes; and all. the
said taxes, penalties, officer's fees and statu
tory costs, as provided in civil actions, shall
be inserted in such judgment, and execution
may issue thereon as provided in- relation to
executions upon judgments entered : for I . the
non-pavment of personal property taxes." I j
Seo. 2. This act shall - take effect and be
in force from end after its passage.' • : - < .
Approved April 24, 1839, •
- 50.
8. P. Ho. 588<-AN ACT to. amend chapler
204, General Laws 1887, relating to owner
ship of real estate by aliens and corpora
tions. _ : - .- "•-»"?.
Be it enacted by the Legislature of the State
of Minnesota: '•» . ■■■-:.■ .'-■'..-''■
Section 1. That chapter two hundred and
four (204), General Laws of 1887, be and
the same is hereby amended so as to read as
follows: ... "'_ . ;-•• '•■ -l
Section 1. That It shall be unlawful for
any person or persons not . citizens of ; the
United States, or who have not lawfully de
clared their intention to become such citi
zens, or for any corporation I not created .. by .
or under the laws of the United States, or of
some state or territory of the United States,
to hereafter acquire, hold or own any real es-»
tate so . hereafter acquired, or any interest
therein in this state, except such as may be
acquired bv devise or inheritance, or in good
faith in the ordinary course of justice in col
lection of debts hereafter created; or such as
may be held as security, for indebtedness
heretofore or hereafter created. : .
Provided, that the prohibition of this sec
tion shall not apply in cases where the right
to hold lands In the United. States is secured
by existing treaties to the citizens or subjects
of foreign countries, which rights shall con
tinue to exist so long as such treaties are in
force. - • •-.'.-.:-.■■ „ ■' ■■':
Provided further, that the provisions of this
section shall not apply to actual settlers upon
farms of not more than one hundred and
sixty [160] acres of land. . .. . - - ;
Provided further, that the provisions ef
this act shall not be construed to prevent any
gerson or persons not citizens of the United
tates, or corporations not created or under
the laws of the United ; States, or of some
state or territory thereof, from holding or ac
quiring lots or parcels of land not exceeding
six lots of fifty feet frontage by three hun
dred feet in dopth each, or in lieu thereof, a
parcel or tract of land of equal i size, within
and forming a part of the platted portion ot
any incorporated city in this state, and lauds
heretofore acquired by or deeded to any such
person, : poisons or : corporations, may. be
owned and held the same as though acquired
by or deeded to citizens of the United States.
• Sec. 2. That no corporation or association
more than twenty . (20) . per centum of . the
stock of which is or may be . owned by any
person or persons, 3 corporation . or i corpora
tions, association or associations not citizens
of the United States, shall hereafter acquire,
or shall hold or own any real estate hereafter
acquired in this state. i - -.■■■ .;. r
Sec 3. That ■ no corporation other . than
those organized for the construction or oper
ation of railways; canals or . turn-pikes, shall
acquire, hold • or own, . over five thousand
[5,000] acres of land, so hereafter acquired
in this state ; and no railroad, canal or ; turn-
Eike corporation . shall . hereafter : . acquire,
old or own lands so -hereafter acquired in
this state other than as may be necessary for
the proper operation of its railroad, canal or
turnpike, except such lands as -may have
been granted to it by act of congress or of the
legislature of this state. • . ;
Sec 4. That all property acquired, held or
owned in violation of - the provisions of this
act shall be forfeited to this state, and it shall
be the duty of the attorney general of the
state to enforce every such forfeiture by due
process of law.' : • -n-J • .1. i
Provided, however, that no such forfeiture
shall be made . unless the . action to enforce
such forfeiture shall be brought within three
(3) years -. after - such real, estate has been
acquired by such alien or corporation, and I
Provided further, that no title to real estate
standing in ■ the . name of a citizen of the
United States, or any one who has declared
his intention of becoming such a citizen;
shall be liable to forfeiture by reason of the
alienage of any former owner or person in
terested therein. , : • -. .
Provided further, that none. of the pro
visions of this act shall be construed to ap
ply to lands acquired, : held or obtained by
process of law in the collection , of debts or
by any procedure for the enforcement of any
lien or claim thereon, whether created by
mortgage or otherwise. n ::
Sec. 2. This act shall take effect and be in
force from and after its passage. -
Approved April 22, 1889.
: 51. .
8. P. No. 576— ACT amending chapter
fifty-five (55) Of the General laws of 1873,
being an act entitled "As act to protect
bona fide ocoupants of real estate."
Be it enacted by the Legislature of the State
of Minnesota: .
Section, 1. The act entitled "An act to
protect bona fide occupants : of real • estate," |
approved March 10th, 1873, being chapter
fifty-five (55) of - the ■ General Laws of that
year, is amended by striking out from the
third section thereof the words "the rendi
tion of," and inserting instead of those words
the words "entry. of judgment on." : Also by
striking out of the fourth section of said. act
the words "rendition of," and by inserting
instead thereof the words "entry of judg
ment on." Also by inserting .; the words
•'after judgment" after the words "claimant
within one year," in said fourth section. • •
Sec 2. This act shall take effect and be
in force from and after its passage, and shall
apply to all actions, whether heretofore or .
hereafter commenced; provided, however,
that this act shall not apply to any action
now pending in which judgment has already
been entered. -•- . '»-,''■ --; -r.-,
Approved April 24, 1889.
52.
H. P. No. 884— AN ACT to legalize certain
conveyances of land within this state with
out any subscribing witnesses. i s
Be it enacted by the Legislature of the State
of Minnesota: • ■■■•
Section 1. • That no deed or conveyance of
land within the : state heretofore executed,
either under the laws of the territory of Min
nesota or under the laws of the state of ' Min
nesota, or under the laws of any state or ter
ritory, shall be deemed '.. invalid by reason of
not having the signature of any subscribing
witness thereto; but the same is hereby legal
ized and made valid as 1 though executed in
all respects In accordance with ' the laws of
said territories or - states, and if otherwise
praperly acknowledged , and executed, shall
be entitled to be recorded in the office of the
register of deeds 1 of the county where said
land is situated, the | same ] as though it had
the signatures of the subscribing j witnesses.
and the record thereof . shall be - as effectual
for all purpose as though said deed or con
veyance had been executed with two sub
scribing witnesses. Providing, that, nothing
herein contained shall in any manner affect
the rights or title of any bona-fide ; purchaser
without notice for a valuable consideration
of any such real ' estate prior to the passage
of this act, and shall not apply, to. or affect
any action or proceeding now pending in any
court of this state. -
Sec 2. This act shall take effect and be in
force from and after its passage.
Approved April 5, 1889.
,\ 53. ;V
8. P. 594.— ACT to legalize the execution
and record of conveyances and powers of
attorney unattested by witnesses. -<■ .
Be it enacted by the Legislature of the State
- of Minnesota: •--; . •...
. Section 1. All . powers - of attorney I and
conveyances affecting the title to real estate
In this state, heretofore recorded in the office
of any register of deeds in this state, which
may have been . unattested by witnesses or
executed in blank or with the name of the
grantee or the power or description of the
land to be conveyed omitted at the time of
execution, which were delivered with inten
tion to have the same ' take effect, if after
wards filled out, are together with the record
thereof hereby legalizsd and made as valid
and as admissable in evidence and as effect- .
ual for the purposes of notice, as against the
persons executing the same, and those claim
ing under them after the passage of this act.
as though the same had been duly attested
by two witnesses, and filled out at the time of
execution, as required by law, but the pro
visions hereof shall not affect pending
actions. • ■
Sec 2. This act shall take effect and be in
force from and after its passage.
Approved April 24, 1889; ,
54. I
H. P. No. 758.— AN ACT to . legalize v certain
deeds, mortgages, and other instruments af
fecting real estate in this state; executed
out of this state, and the records . thereof,
and making the same evidence. ■■.'■'-
Be it enacted by the Legislature of the State
of Minnesota: . -
Section 1. That all deeds, mortgages and
other instruments affecting the title ot real
estate; heretofore executed out of this state,
according to the laws of the country, state,
territory or district where- executed and ac
knowledged, before any officer authorized by
the . laws of such country, state; territory or
district to take the acknowledgment of deeds
therein,, or before any commissioner ap
pointed by ' the governor of -this state for :
that purpose, and if such acknowledgment
was taken before such commissioner of this
state, or before. any notary public or other
officer having a seal of office and such ac
knowledgment was by such officer certified
upon the deed, and his seal of office was at
. tached to such certificate ; or if such acknow
ledgment was taken and so , certified by an
officer who ■ had no . seal or omce aitacnea i*.
I his < certificate, aha | such, instrument had at*
tached thereto a certificate of the clerk or
: other proper certifying officer of the county
or district .within - which i such " acknowledge
ment was taken, certifying under his official
seal, in "substance, that the person subscrib
ing the certificate of acknowledgment was, at
i the ( date ! thereof, such I officer as he ■ wae
. therein 1 represented to be; < that he believe!
i the ; signature > of ."the \ person " subscribing
thereto to be .genuine, and that the I instru
ment was I executed and < acknowledged ' ac
cording to the laws of such country, state,
territorv or district, shall be and hereby are
legalized and ■ declared • lawful and valid In
all respects | as though they had beon Origin
ally executed and acknowledged in -accord*
; ance with all the requirements of the statute
on that subject. », ; '•;.■•. ■•'•• >•-< y.'< ~ ! ■*' ■■'■
Sec 2. i All Instruments, of the description
mentioned In the preceding section, shall be
: entitled to be recorded in the office of the
. register of deeds of the proper county in the
; same manner and upon the same conditions
1 as other deeds, and the records of all such
instruments already recorded in the office of
the register of deeds of the i proper county,
shall be taken and deemed In all respects as
valid and legal : and such Instruments and
the records of the same shall have the ! same
force and effect in all respeots for the pur
i poses of- notice, evidence I and otherwise as
' are or may be provided by laws in regard to
deeds in other cases. •' ■■•■< ■ - " ' • = ■>. „'• ' ••
- Sec 3. This act shall take effeot end be
in force from and after its passage. r >~-' : -n •
Approved April 17. 1889, •' -;
, .- &
55. .-•"'.',]
H. P. No. 876-AN ACT to legalise conyey
ances or other acts of foreign executors or
their attorneys in fact. '•■•■ ' x- ■
Be it enacted by the Legislature of the State
of Minnesota: £-" :.-,•-.:. -. ':iu- ■■£="'.■'*•
Section 1. That all conveyances or other
acts heretofore made or done by any foreign
executor or executors, either by themselves
or through their attorneys, • in fact, when
such convevances or acts were authorized by
. tho | will of the deceased and such will has
been duly admitted to probate in this j state,
prior to the making of -. sueh , conveyances or
doing of such acts, or has been probated in
this state prior to the passage of this act, and
the .estate affected, thereby has been dis
tributed in accordance with the conveyances
or other acts of such foreign . executors, be
and the same are hereby legalized and made
valid for all intents and purposes. --, .- ; ; - * ••■ .- . 5
Sec 2. This act shall take effeot and be
force from and after its passage.
; Approved April 24, 1889. . ..
•,' • 50. : :".''-v-'.. : ;_
H. P. No. 982— ACT to amend section
105 of chapter 11 of a the General Statutes
of 1S78 as amended by section 22 of chap
ter 2, General Laws :• of 1885, : relating to
lien of taxes between grantee and grantor,
on personal property. ;• , , s; - -., .:. >■ ; • ■ ■< ■■■ ■■•
Be it enacted by the Legislature of the State
of Minnesota: ; , '."?. . .•;.. ... tiV<t
Section 1. . That section one hundred and
five (105), chapter eleven (11) of the; Gen-,
eral Statutes of 1878; as amended by section
twenty-two (22), chapter two (2), General
Laws of 1885, be and the same is hereby
amended so as to read-: as follows; I "Section
105- The taxes assessed upon real property
shall be a lien thereon from and including
the first day of May, in the year in which they
.are levied until the same are paid; but as be
tween grantor and grantee, such lieu shall
not attach until the : first day of January of
the next year thereafter. ■; The taxes assessed
upon personal property shall be a lien upon
the personal property of the person assessed,
from and after the time the tax books are re
ceived by the county treasurer." ■ ".-.' .
- Sec. 2. - This act shall take effect and be in
force from and after its passage. S5~s£-i~rXS'&
Approved April 24, 1889.,
- " 57.
H. P. Ho. 984.— AN I ACT entitled aa aot
prescribing the force and effect of sheriff's
certificates of sale made under powers In
mortgages and ; limiting the" time within
which such sales may be called in question.'
Be it enacted by the Legislature of the . State
of Minnesota: .;. ■";■■.- -1 -,.-.;...'.:.' ;.._. .
; , Section 1. That the sheriff's certificate of
anv sale made and recorded In the j office of
the register of deeds of the : proper county,!
more than twenty (20) years prior to the
passage of this . act, under a power to. sell,
contained in any mortgage covering and de
scribing the .same lands, shall be sufficient
evidence that all the . requirements of law in
that behalf have been duly complied with
and shall be sufficient evidence of title in fee
thereunder in the purchaser at such sale, his
heirs or ■ assigns, after the time for redemp
tion therefrom has expired, and no such sale
shall be held invalid or set aside by reason of
any defect or irregularity of anv kind in said
foreclosure proceeding unless the action in
which . the validity of such . sale : shall be
called In question be . commenced, or the de
fense calling such foreclosure in question be
made within twenty (20). years from the
date of such sale. Provided, that nothing
herein contained shall be .construed as a re
peal of Chapter 112, General Laws of 1883,
or any part thereof. . Provided, that nothing
herein contained shall affect any action now
pending, nor apply to any alleged foreclosure
Eroceedings, or . certificate . mentioned or
rought in question in j such action, or the
rights of any bona fide purchaser. .. i
Sec 2. " This act shall take effect and be in
force from and after January 1, 1890. ■ : '-■■■
i Approved April 24, 1889. «
58. '■-■
H. P. No. 1286.— AN ACT to provide for the
i levy of taxes for state : purposes for the fis-.
cal year ending July thirty-first (31st), one
thousand eight hundred and ninety (1890),
and July thirty-first (31st,) j one thousand
eight hundred and ninety-one (1891). . • w . ;
Be it enacted by the Legislature of the State
; of Minnesota:- ;-• . r ..;. \i .;.-.,■-:;
Section 1. For the purpose of defraying
the expenses of the state for i the fiscal year
ending July thirty-first : (31st), one thousand
eight hundred and ninety (1890], . a tax of
eleven hundred thousand dollars ■ ($1,100,
000), or as near that amount as practicable,
shall be levied on all taxable property in the
state. Provided, that the tax i hereby levied
shall not exceed a rate of one and nine-tenths
(.0U19) mills on each dollar of taxable prop- j
erty. ;■■■•-■ '■■■ ;•=-.; ••"■..■-.li ■•■- .;..•■.■...•.■. ■ . : . ..? ._■•
Sec 2. For the purpose of defraying the
expenses of the state for the fiscal year end
ing July thirty-first (31st), one - thousand
eight hundred and ninety-one (1891), a tax
of eleven hundred and fifty thousand dollars
($1,150,000), or as ■' near .• that amount as
practicable, shall be levied upon all the taxa
ble propertv in the state. Provided, that the
tax hereby levied shall not exceed • a rate of
one and nine-tenths (.0019) mills on each
dollar of taxable property. ;•-.:■■? : u m z ,=.
Sec 3. All taxes levied under the provis
ions of this act, when collected and paid into
the state treasury shall be placed to the
credit of the general revenue fund. • :
, ■■■ Sec 4. This act shall take effect and be in
force from and after its passage. : ' ; ' J ."-' ; -'-' : »~
Approved April 24, 1889. ,
59.
H. F. No. 46.— ACT ; legalizing sheriffs'
- certificates issued on mortgage foreclosure
: and execution sales.: ■ - !i
Be it enacted by the Legislature of the State
Minnesota: ■ "■-• ■- :---. - r : -r
Section 1. That sheriffs' certificates Issued
. on mortgage foreclosure sales or sales on ex
ecution authorizing or relating to the convey
ance of real estate, or any interest therein in
this state that have been heretofore executed, j
with but one subscribing witness, are hereby
declared to be legal and valid, and the record
thereof effectual to all intents and purposes
as if such conveyance had been executed
with two subscribing witnesses: provided
this act shall not apply to or affect any suit
or action now pending. ■ '
Sec 2. That no certificate heretofore exe
cuted under and by virtue of section eleven,
chapter eighty-one, title I one. : General Stat
utes one thousand- eight hundred and sev
enty-eight, shall be deemed invalid by reason
of the same not having been made,' executed,
proved, acknowledged or; recorded within
twenty days mentioned . in said section and
the record of all such certificates heretofore
executed, proved \ or acknowledged' aud re
corded after the expiration of the said twenty
days, is hereby legalized and made valid; and '
the said record shall have the same force and
effect as if said certificate had been executed,
proved and acknowledged and recorded with
in the said twenty days; provided that nothing
herein contained shall be construed to apply
to cases now pending which involve the le
gality or validity of such certificates of sale.
Sec 3. - This act shall take effeot and be la
force from and after its passage. '£~j£gftigntfi~£t
Approved Feb. 21, 1889.
' '..';00. ":'./;
S. P. No. 91— AN ACT to amend section one
(1) of chapter two hundred and four (204)
of the General laws of the state of Minne
sota, approved March 2, 1887. .
Be it enacted by the Legislature of the Stat*
" of Minnesota:*
- Section 1. That section one (1) of chapter
two hundred and four (204) of the General
Laws of the State of Minnesota, approved
March 2. 1887, be amended by adding to the
end thereof the following proviso : •
I Provided further. That the provision! of
this act shall not be construed to prevent any
person or persons not citizens of the United
States, or corporations not created by or un
der the laws of the united States, or of some
state or territory thereof/from holding or ac
quiring lots or parcels of land not exceeding
six lots of fifty feet frontage by three hun
dred feet in depth each, or In lieu ' thereof a
parcel . or j tract of land of equal size within
and forming a part of the platted portion of
any incorporated city In this state. ,.:
■ And lands heretofore acquired by or deeded
to any such person, persons or corporations,
not exceeding the quantity aforesaid, may be
owned and held the same as though acquired
by or deeded to citizens of the United States.
Sec 2. ■ This act shall take effect and be in
force from and after its passage.
Approved March 7, 1889.
•■":.'. .■".-;;-*; OI. '-';.,";.;-:' ;'..-:y. ;
S. P. 172— AN ACT to amend section sixty
of chapter eleven , of the General Statutes
of 1878 (relating to taxes), by adding to
said section sixty as the same was amended
-; by section seven of chapter two of the
" Laws of 1885 an additional clause. ••'~.
Be it enacted by the Legislature of the State
of Minnesota: "•"-'
Sxciioa 1. That section sixty of chapter
i eleven oflba ' General Statutes of 1878, as j
" amended by section seven of chapter two ol '
. the Laws ot 1885, be and the same is hereby .
; further amended by. adding to said Motion
the following clause i p:-v .•>"<-:?-? a.'-"' "-' •■'->■}
D Sao. 9. Provided further, that In case toy n
' person against whom such tax is claimed re*
j sides out of - the state of j Minnesota at the
: time of the issuing of such citation, and
thereafter, so that ■ service of i said i citation, j
> cannot be obtained - upon said person, then,
and in that case; said action and proceeding:
j may be commenced by the issuing and pub-
I lication of a summons and by attachment, as
provided ! in reference to other actions and
proceedings and in accordance With the pro*; i
<■ visions : of the Statutes of Minnesota under . I
: title nine of chapter sixty-six of the Genera) !
Statutes of 1878. Said proceedings shall be
commenced and maintained in the name of , .
> the county wherein said citation would have i
' been ' Issued bad the person against whom i
such tax is claimed have been a resident of i
the State of Minnesota; and the said attach- ;
ment may be Issued upon the affidavit of the
county attorney, and without the giving of j ;
any bond or undertaking, as required by said :
title nine of chapter sixty-six aforesaid. s i t i
- Sec 3. This act shall take effect and be la
force from and after its passage. :tt ■%
Approved March 7, 1889. ■„-"• ■!•- -it -
"''•,': / 68. : ' ]m%)
8. F. Ho. t*B.— ACT to amend sooflea
| one [1], chapter sixty [60] of the General
Laws of 1889, relating to assessment end
collection of taxes. .-. ■;, ■-'■<■:■ : >'- '-"-• "'^ •',
Be It i enacted by the Legislature of the State
■ : of Minnesota: •■> ■■■" ■ -Vr *«
Section 1. : That section one [1] of chapter
sixty [60] of the general laws of 1887 be;
amended "by , adding thereto the following
Provided, That - to ■ enable - the treasurer to
comply with the -foregoing provision £ the
county auditor shall, before delivering ' the
. ; tax lists to the i treasurer, note on ■ said | lists
opposite all tracts which may have been sold
for taxes or bid in for the state and remain
ing unredeemed, the words ''Sold for taxes.".
; '-•: Sec. 2. This act shall take effect and be la'
' force from and after its passage. /■-:•.•
■:< Approved April 2; 1889. -
The Public Schools. '
' 03. ■
H. P. No. 189— AN ACT to establish and
* maintain Farmers' , Institutes i in Minne
sota. '■ ;
Be it enacted by the Legislature of the State
•■• of Minnesota: _-■ , s ■{,
Section 1. That the sum of seven thou
sand five hundred . ($7,500) dollars be and
the same Is hereby appropriated for the
fiscal years of , 1890 and 1891, for the main
tenance of Farmers' Institutes to be held in
the several counties of : this state as herein
after provided. .; Provided, That the appro
priation herein made shall not be construed
as being | additional to any other appropria
: tion hereafter or heretofore made. .
I Sec 2. That the, average cost of such In
stitutes to : be paid out of said appropriation
shall not exceed the sum of one hundred aud
fifty ($150) • dollars, and such expenditures
shall only ; be included as legitimate, and
necessary, the. board , and traveling expenses
Of the ; instructors a 5 reasonable compensa
tion for their ; services and a reasonable out
fit of charts, outliues, etc. ..The salary of the
; superintendent, together with his traveling
and needful expenses, shall not be included,
except those that are consequent upon doing
preliminary work preparatory to the holding
of institutes. , ■ .;"-"• ",. ' :..f_, ''..-' ;';: .
.. It ', is : hereby provided that none of these
moneys shall be expended for hall rent, fuel,
lights, local advertising or compensation for.
services of. instructors other than those regu
larly employed. .... ... ',•
. Sec 3. ■' That two members of the board of
regents of the University of Minnesota, to be
selected by said board; acting in conjunction
with the . present presidents . of the : State
Farmers' Alliance, the ; State Agricultural. J
Society, the State Horticultural Society, and
. the State .. Dairymans 1 association, shall con
stitute a board of . administration to superin
tend the execution of this act..: ;.. ;
The ji several .. presidents named shall hold
their - office as members of this board of ad
ministration from the time of the passage of
this act until the j close ot the fiscal year of
1891, their terms shall expire and the then
elected ard acting presidents of. these sev
eral named agricultural societies shall be
come . members of I this board of administra
tion In •-. their stead and hold their office for
two years and be relieved in turn as herein- . -
before provided. .. . -.-,-. i;
' This board of administration Is hereby em
powered -.; by a majority vote thereof to ap
point some suitable and competent person
as state superintendent of Farmers' Insti
tutes. g The -superintendent's term of office •
shall commence • on August 1, gj 1889, and
shall hold for two ; years unless otherwise
removed, j provided . a : superintendent for ■,
: the short term from the . date , of - the ; pass- -
age of this act until August 1, coming, shall be
appointed as soon as possible I after I this act
' shall be in force. -.- .•-,'-■'■ ,-•;--;- .-:
Sec. 4. The additional duties of this board
of administration shall * be to act in conjunc- i
tion with the ; superintendent of institutes
in the arrangement of ■• circuits ef institutes ,
to be held yearly; this circuit to comprise .
the fixing of times and places where insti
tutes shall be held during each year, and to
audit the accounts of j the superintendent | as
hereinafter provided. , Provided, that coun- . :
. ties where Institutes have -- not ; oeen held
under the law of 1887, shall have precedence j
in the making of future institute circuits.;-,': ■
The duties of superintendent of Farmers'
Institute shall consist in j superintending the
Institutes when located , as herein provided,
in the engagement of proper instructors and
making proper announcements; also to re
ceive, examine and report upon . all bills for
expenses for services that are payable from
said appropriation; and at the end of each
[ fiscal year to make a j detailed - report ' of all
Farmers' Institutes held under his direction
as such superintendent and an itemized ac
count of all expenditures under this act dur
ing the year last passed to said Board of Ad
ministration.., :,-,..;.',.
Seo. 5. That the expense . of such insti
tutes, together with the salary of said super
intendent, which , is hereby fixed . at one
thousand five hundred (1,500) dollars per
year, and the necessary expenses of . his su
perintendence shall be paid out . of the said
institute fund, by the state treasurer, upon
warrants Issued by the j state auditor, which
warrants shall be only drawn upon the pre
sentation and filing of - an - affidavit of the
superintendent of - institutes £ to ; . be accom
panied by an itemized statement of expendi
tures to De approved by i the said I Board of
Administration. • ■:-':■ . ;:J -?
Sec 6. | That the said Board of Adminis
tration shall be empowered to act as an au
diting board for expenses incurred under :
Chapter 261 of the - General Laws of 1887,
since the close of the last fiscal year until the
passage of this act. ;. " .-.
Sbc 7. That the unexpended balance of
the appropriation made by said Chapter 261,
; General Laws of -1887, that ! shall remain at . •
the date of the passage of - this \ act shall : be
transferred by the state auditor to the insti
tute fund constituted by this act. -.;.-.
I Sec 8. That in the appointment of such
I Farmers' Institutes they shall be held, so far
as possible, at , times ' and S in the places that -
j shall be most convenient to \; the farmers of ;
the state; and they shall continue for not
less than one (1) nor more . than .', three (3)
days each; ; with morning, ; afternoon, and
; where practicable, evening sessions, and that -
they shall be free to .- the public also ," that
they shall consist of practical and instructive
lectures upon topics i pertaining to the farm
and home, with essays and addresses, dis
! cussions and illustrations; of such methods
and practices as possess true merit and are
adapted to the conditions of our agriculture,
the sole object and " purpose . of i these I insti
tutes being to disseminate practical knowl
edge upon questions pertaining: to agricul
ture; horticulture, stock and dairy farming,
with the least expense ' or inconvenience to
the people of the state. \
Sec. 9. Chapter 261, General Laws, 1887,
entitled, "An act to establish and maintain
Farmers' Institutes in Minnesota," is hereby
repealed. ■-■--■'"" ■'■' : '"""•- '■
. Sec 10. This act snail take effect and be
in force from and after its passage.
Approved April 24, 1889.
' flPM ''.-'j'- '■'' .«*:,: ,:'-^ :~V ; -:;''-^' V
H. P. Ho. 840. AN ACT to amend ' section,
twenty-seven (37) '- of I chapter thirty ,
(36) of the General Statutes of 1878, being
an act to establish and maintain a - system
of public schools In the state of Minnesota. ;
Be it enacted by the Legislature of the State,
of Minnesota. ~. ■&• "•- ■■-.■■ -j_-]
Section 1. That section twenty-seven (27) '
of chapter : thirty-six (36) of the General
Statutes ot Minnesota of one thousand eight "
hundred -. and ; seventy-eight : (1878), as the r
same has been amended and. now reads, is ,
hereby amended by adding to the end thereof
the following, to wit: Immediately after the
issuing of orders or bonds, pursuant to the
provisions of - this ' and the next preceding ,
section, the . clerk . of the school district so,
issuing its orders or bonds, shall file with the
county auditor of the county within which
. such district is situate, certified copies of all
the proceedings had in such district relative
to the issue of such bonds or orders. Before
any bonds or orders issued under the provis
ions of : this and the next preceding section
are sold , or disposed - of, they shall . be . pre
sented to the county auditor of the county -
within which the school*district .issuing the
same is situate, He shall carefully examine/
the records of the proceedings of such school
district upon - the ■■■ question of : issuing such
bonds or orders, as -. the same are filed with
him, as hereinbefore directed, and shall sat
isfy himself, by the evidence thus furnished,
whether or not all the laws of j the state of
Minnesota relative to the issue of such bonds
or orders have been complied with; and, if
satisfied that they have been and that the
: orders or bonds in question have been legally
issued, he shall, in a book kept for such pur
pose, preserve a registry, of each bond or
order, - showing in separate columns or en
tries the name of the school district ■ issuing
the bond or order, the number of such bona
or order, the denomination ' thereof, the date
of its issue, the date when it will mature, the
names of the school officers executing the
same, and such other facts as may be perti- :
nent; and be shall ' then indorse i on each of .
said bonds or orders the following certificate :
I hereby certify that the' within bond (or
order) for ....(....) dollars, issued I
:by.T..;r.v..r:it-..school district.;;.'.' .'.r.riof F
.....:....:. . . ;. county, Minnesota, is Issued I
in accordance with law,' and Is a legal and I
valid debt a said School' district th'&f said ; '
' bond or order Is duly registered in this pfflce,
! and that said school district is /legally. organ
ized; and that the signatures affixed to said
' bond or order are the I genuine signatures of
' the ' proper - officers • of such ' district : " The
blanks shall be filled according to the facts, \
• and - the ' certificates officially signed . by the
county auditor • and attested by . his . official ;
. - ? Sec 2. j This act shall take effect and be in
force from and after its passage, '. " ;' : :
Approved April 20, 1889. ,
: ; :'"■'; v ,;'' ; ; -":\-osi : r:- .. :;;,:-.
H. P. Ho. 1.067.-AN ACT legalizing the acts
. of county auditors who have certified to the
I validity , of j school district , bonds ; and ■ or-
K.dera.ii^ii-.i.-i:;^/ ♦-?;*•> .»*■-«'
• Be it enacted by the Legislature of the . State
'• af Minnesota; • .. > -;,. ,:...*•• ,' • -.:<'•.';
1 . Section 1. Wherever the county auditor of
i any county has -.heretofore certified upon
J any school district bond or order , issued by |
; any school district within j his • county, = that
: such bond or order is j issued in accordance
1 with law, aud Is a legal - and valid debt of the
school district issuing such bond | or order,
] such certificate shall have j the I same i force
: and effeot as | It would have, had 1 suoh act
i been expressly authorized at the time such ]
certificate was ntade.., .. ■< ,
' . Sec- 2. This act shall take effect and be In
force from and after its passage. ■; -, ■■■.
; : .' Approved April 24, 1889. ...-■." "; '■■ ' . . - „ ,
00.
H. P. Ho. 1 ,176- AN ACT entitled an apt to
[ provide for the formation i of | new school
districts. v.v .:..-.-;,.-.. .-•'• -'. -■■:• ;
Be it enacted by the Legislature of the State
'..of Minnesota: ■.■■.,-. •■■..; ';• ;;■:: i : :
Section 1 . • Whenever any territory In this
state of not less than two and one-half (2ti)
sections of land in extent the governmental
subdivisions of which said territory are con
tiguous is included in and •; forms a part of
two or more school districts of this state, and
< contains ' twenty (20) '-j or more children of
school age whose parents or guardians are
residents of said territory, a majority of such
parents and guardians may present a petition
in writing to the board £ of county commis
sioners of the county in which such territory
is situated, setting forth a description of such
territory, the names of all the parents and
guardians so • residing . In : said territory, and
j that by reason of . swamps, marshes, rivers or
other natural impediments it is impracticable
for a majority of such children to - travel to
tho school .houses of the districts in which
their said parents or guardians E respectively
reside, and that by reason thereof, said ma
jority of such children are prevented from at
tending school ■ during a large portion of the
school year. '■■>■ The said board of county com
missioners shall act ; upon .said' petition and
shall have the power to form a new school
district out of the territory mentioned in said
petition or any part thereof, in such manner
as in the judgment of said board seems most
. practicable to answer the I educational needs
of the petitioners . and the other districts af- :
fected thereby. - Provided, that such : new.
: district as finally formed . shall - not contain
less than two (2) sections ; of land nor less
than fifteen (15) children of school age. - -.
Sec 2. ■ . This act shall take effect aud be In
force from aud after its passage. •" v ■:.:■:. fX',
Approved April 24; 1889.
07.
S. P. No. 104— AN ACT ; to amend chapter
124, General Laws | of 1887, entitled ''An
act , to - provide - for the formation of new.
school districts."
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
the General Laws of one thousand eight him-;
dred aud eighty-seven [1887]: be amended to
read as follows : '•"• .;; .-: > - ;
••Whenever in any school district or dis
tricts ; of this [ state there are fifteen [15] or
j more children of i school age, whose parents
or guardians are legal voters of said district
or districts, and ■ reside . more than two [2]
miles from any school house in such district
■ or districts, upon a petition ; signed - by a ma
jority of such parents or guardians, present
ed to the board of county commissioners I of
the county in which such district or dis
tricts may . be ■ situated, and setting forth
therein that by reason of swamps, marshy or
other natural' .impediments it is impractica
ble . to locate a site for ; or build a school
' house near the center of such district or dis
tricts, and describing the territory said ■ peti
tioners may desire to comprise the new dis
trict prayed for, the said board of county
commissioners shall act upon said petition,
.- and • shall .' have • the power to form a new
, school district out of the territory of the dis
trict, or districts, aforesaid, ef such propor
• tions and in such manner as in the judge
ment of the board seems most practicable to
answer the educational : needs of the. peti
; tioners and others similarly i-ituated. - ,
•.'•' Sec 2. All acts or parts of acts inconsist
ent with this act are hereby repealed. '-•
?: I Sec 3. This act shall take effect and be In
force from and after its passage. -•"■. '--:'* i
.'.■Approved April 5; 1889.
Vi .- ''■' ';,.' OS. ~". :
' S. P. 308.— AN ACT to amend an act en
4titled,."An act to provide for establishing
' ' a state public school," being chapter one
•' hundred and forty (146) of the General
5 'Laws of Minnesota, for the year 1885.
! Be it enacted by, the Legislature of the State
; - ; ; of Minnesota: . . ,..,..:.'. ; .
: '" Section I. That chapter one hundred and
fortv-six , (146) of the General Statutes of
the "State for the year 1885 be amended as
"follows: --"" .-:'
- Sec 2. That section eleven (11) of said act
be amended so as to read as follows : , . "Sec
tion 11. There shall be received . into , said
school • those children ; who have been de
clared dependent on the public for support,'
abandoned, neglected, or ill-treated as pro
' vided in this act. who are over two ; (2) and
under fourteen (14) years of . age, and sound:
in mind and body. That said board is au
thorized In admitting children, to give pref
erence-to those under twelve (12) years of
age." ,:.-■'■■ I : ' ...- ... -.- , " » ',.
Sec 3. That section twelve (12) of said
act be amended so as to read as follows:
"Section 12.' That those admitted to said
school, unless sent from the . school as pro
vided by . this act, shall . be retained therein
until they are sixteen (16) years of age, and
may be retained after that age iu the option
of said board, until a home is -• procured for
them. .: While in 'said school ; they shall be
maintained and educated in the branches
nsuallv taught in the common schools;. they;
shall have proper moral and .physical . train
ing, and shall be tought how to labor, so , far
as their age aud - condition i will reesonably
permit The said board is authorized to return
to the county sending it, any , child when it
shall become sixteen (16) years of age, and
ho home has. been procured, or whenever,
after its admission, it shall be ascertained to
the satisfaction of said board, that the child
is of unsound mind or of unsound body; or;
if for any other reason said board shall con- ;
sider teid child an improper inmate of said j
school that j in case of : the ' return of any
child, as herein provided, to the county send- ]
ing it. the guardianship of this board shall!
cease, and i the child j shall . again * become a
charge upon the county sending it. -. The su
perintendent of said school In returning any
child to its county shall report in writing to
the county i commissioners of ;'. the '.\ proper .
county the - action -■ of said g board and the
reasons therefor." * •.-•*"■ ■■'•■ .. : •-"-.. -"•
Sec 4. That section thirteen (13) of said
act be amended by adding to said section the
following: "When [ever] any ward of said
board, : who is not indentured has become
self-supporting, the said board may so de
clare by resolution, and the guardianship of
said board shall thereupon cease; and . the
child shall thereafter be entitled to its own
earnings. Whenever one or. both of the par
ents of any - ward of said board, who is not
Indentured, have become able to support and
educate it, the child may by resolution of
said board be restored to its parents, in which
case the suitableness of the home shall be
certified in the same * manner as herein re
quired for placing children on indentures:
and 'thereupon the guardianship of said
board shall cease." . '.■•."
. Sec 5. That section fourteen (14) of said
act be amended so as to - read ; as follows :
"Section 14. Whenever the county commis
sioners ; of ' any " county shall ' find in their
county any child who in their opinion be
longs ; to the class of I children described in
this act, It shall be the duty of said; county
commissioners to Inquire of the superinten
' dent of said school whether any children can
be received into said school from their county.
That whenever there shall be sufficient room
in said school for the reception of such child
ren, it shall not be lawful to place or main
tain them in any county poor house. That
in receiving children into said school prefer
ence shall be given first to dependent and in
digent orphans ' or half orphans of deceased
soldiers of this State." : -.-.'.
',' ' Seo. 6. -. That section fifteen (18) of said
act be amended so as to read as follows!
"Section 15. Whenever inquired of by the
county commissioners of any county, and
whenever there is room - for ■ one. or more
children in said school from any county, it
shall be the duty of ■ the superintendent of
said school to notify the .. county commis
sioners of such county how many children
they can send to such school. That when
ever there are more admissible , children - la
the several counties than can be received ia
said schools, it shall be the ; duty of j the
superintendent of said school to divide such
admissions pro rata among the counties ac
cording to the I number I of admissible chil
dren in each at the time I of such admission,
giving preference to counties of the same ■ or
larger population that have had less children
admitted into-. said school.'. That when
" ever ' the commissioners of - any • count*
shall l be I luforn 1 - by the • superintendent
of ' said school ) mat - any . children . . from
their county can be received Into sod
school, it shall be their duty to forward them
to said school, as provided in this act, as soon
as practicable. * In those J counties j in i which
the . distinction - between the ' township and
county poor Is maintained,' It shall be the'
duty of the commissioners of such county.on
the written request of the supervisor of an*
such township, to act for j such township la
securing the admission of children to this
school in all respects as though' ' such chit
drop. were supported by the county. That tat
expense of transportation of children to said
school from any oounty pursuant to law, and
the expense of returning any of said child/el
to the county from which they came, after
their admission, as proper inmates, as herein
provided, shall be audited by the board of
, county , commissioners of > such county and
.paid by the treasurer of such county as other
.county expenses are paid.'' t* - -^"S-Hr *$*
' : 8so. 7. That section sixteen (16) of said
act bo amended so as to read ) as fellow! i
"Section 18. Before the county commission
ers shall send any child to said school they
shall | cause him to be brought before | the
judge of probate In the county wherein the"
child resides, for examination ! as to his al
i leged dependent or neglected condition. ■ It
\ shall be the duty ot . the county commission- .
ers of each county to bring before the judge
of probate of said county for said examina
tion those children j between I two . (2) : and
fourteen (14) years of age who are sound In
mind and body, and who. in their opinion,
are dependent on the public for. support, or
who are found to be abandoned or neglected
; and iu a state of habitual idleness, vagrancy ,
, or mendicity ; or other children who shall be
found in a state of want or > suffering; or be- 1
ing in peril ■ of j life,*; health or morality by
cruel or bad treatment, or by the habitual
■ intemperance or grave misconduct of parents
or guardian. . It i shall thereupon be the duty
of the said judge | of probate ( to | investigate
the facts In each case and : ascertain whether
I such children are dependent, neglectecLaban*
doned or a 111 * treated: the residence, and,' so
far as possible, the whereabouts of the par
ents, when and how long the child has been
maintained in whole or in part by public ' or .
private charity.the occupation of the parents,
if either are living, whether they ; are sup
ported by the public or have abandoned the
child; and to ascertain, so far as : possible, if ,
the child be ■ found dependent, the ■ causes
thereof. I The said judge of probate is author
ized to compel the attendance of witnesses
on such examination, and it shall be the duty
' of the county " attorney, when •■■ requested by
: said Judge of probate, to attend any such ex
amination on behalf • of the I petition. . Any
friend of said child may appear in its behalf
' in said probate court, and the said - judge - of
| probate may, in | his discretion, request I the
supervisor of any township or ward to ap
pear in behalf of the child, yet It shall not be
necessary to issue any citation or other no
tice to other than the ; parents. '. The - records
of the proceedings should show who, if any
one, appeared in behalf of the child on
such examination.' If on such examination
• the said judge of probate shall find that any
'child is dependent on the public for support,
or neglected so as to be in a state of habitual
; vagrancy or mendicity, or ill treated so as to
be iu peril of life, health or morality, by con
j tinued 1 personal | injury, or by the grave mis
■ conduct or . habitual • intemperance of < the
parents or guardian, he shall enter such find
ing by . a • proper order ; in the journal of the"
probate court in his - office, certifying that
the child is entitled to admission to the state
public school at Owatonna, and ordering
- that it be taken to said school and admitted
: therein, and shall deliver to the county com
missioners '■' procuring such examination i a .
certified copy of such order, which shall con
tain, besides • such -, findings, a - statement of
the facts, so • far - as . ascertained, as to
the : age of - the child, names, ■ nationality, ■
residence and . occupation of - the . parents,
or either of them, so far as they ; are able,
whether either is dead or has abandoned the
child, and said certified copy of said order
shall be delivered at said school, with each
child, to the superintendent thereof. g That
upon • entering such - order, the parents of
said child shall be released from all parental
duties [towards] and responsibility for such
child, and shall .- thereafter have no rights
over or to the custody, services ot earnings
of such child, except in cases - where said
board may, as herein provided, restore the
child to its - parents, v That in case any par
ents or other persons having the custody of
said child shall refuse to surrender said
child to said county commissioners or their
agent, I said judge of probate I is. hereby au
: thorized ana empowered ... to ' request . the
sheriff of the county to take possession of
said child; and if so requested it shall be the'
duty of said sheriff, to deliver said ; child to
said county commissioners or their agent." -
Sec 8. That section seventeen (17 of said
act be amended by changing ; the number
thereof to twenty-one (21).
I Sec 9. That section eighreen (18) of said
act be amended by changing the number
thereof to nineteen (19), and by causing said
section to read as follows: "Section 19. The
said board of control is authorized to desig
nate some officer, teacher or other employe
connected with said ..school to be the agent
thereof, who shall act in, that capacity dur
ing the pleasure or said board. . That his Un
ties as such agent shall be prescribed by said
: board, | and i shall ' include i visiting at such;
. times as said board shall direct j the wards of
said board which have been placed, in fami
lies, and reporting to said board the condi
tion of such children, and any -failure to
comply with the ; indenture contracts: and
that it shall also be bis duty to provide suita
ble homes for the children of l this school, to
investigate applications for such children,
and to enter -into ; contracts in . writ
ing - : on behalf of t said, board with per
sons taking such children: such contracts
to '■ contain a clause reserving ,to said board
the right to cancel the same - and withdraw;
the child from said person having him when
in the opinion of said board the interest of
said child requires it, and may also contain a
clause authorizing the person taking the child
to cancel the : same at any time within sixty
(60) days from the date of the contract on re
turning the said child to said school free of
all expense. ., That the ; authority, herein
given the said agent is also conferred upon
the superintendent of said school. _■ That the
salary and necessary- traveling expenses of
said agent shall first be audited and allowed
by said board aim shall then ; be audited by
the. state auditor and paid from the general
revenue fund of the state: and the sum of
$1,D')0 or as much ! thereof as may. be neces
sary be and is hereby appropriated annually,
out of any moneys in the treasury belonging
to the general revenue fund, to pay the serv
ices and expenses of said agency."
: Sec 10. That section . nineteen (19) of
said act be amended by changing the number
thereof to twenty-two (22) : also by striking
out the words "general fund" where they oc
cur in the last line of said . section, and in
serting in lieu thereof the words "funds ap
preprinted for the use of the institution." ..
Sec. 11. ■■ That section twenty £ of said act
be amended by changing the number thereof
to seventeen (17), and by causing said sec
tion to read as follows: j "Section .17. .. That
whenever the county commissioners of any
county shall bring any child before the judge
of probate for examination , as provided in
'section 16 of this act, they ,. shall present to
said judge an application in writing, which
shall be filed in his office for such examina
tion, which shall be signed by at least two (2)
of said county commissioners, in which they
shall certify that in their j opinion the child
named in said petition is dependent . upon :
the public for support, or . that he is .in : a
state of habitual vagrancy or mendicity, or ;
ill treated and in peril of life, health or "mor
ality; by continued cruel personal injury, : or
by the habitual intemperance or i grave mis
conduct of the parents or - guardian. They
shall also therein give | the i names, ■ national
ity, residence, and occupation of the parents
or. either of: them so far as they are able, :
whether either , is dead or has abandoned ;
the .child ; requesting . therein, ah examina
tion and determination by said ; court ■ as to
such alleged condition, and should the child,
be found by said court to be in - such alleged j
condition,- that an order be entered j sending ;
it to the state public school. i That upon the
filing of said petition, if it shall appear there
in that one or both of said parents reside | in !
said county.the: judge ? of 'said court shall
issue a citation fixing the time and the j place
for the hearing of said petition, which shall
be served on one or both of said parents, if
either can be found in said county, not less
than two days before the time fixed : for the
hearing of said petition, requiring them
to - appear : on . said day , and • hour ' and
and- show cause, if any, why such child
should not be sent to said state public school
as herein provided.- That in case it shall ap
pear by such - petition that : neither of said
parents are living; or do •: not reside . in said
county, or in case one or both of said parents
shall endorse on said- petition a request that
the child be sent to said state public I school
as requested therein, then the citation here
in provided for need not be Issued and the
court may thereupon proceed to the examina
tion ; herein I provided 'for. J It I shall be the
duty of the officer receiving said citation to
use due diligence to find and serve the some
on one or both of . the ■ parents ; yet the pro
ceedings under such petition - shall , : . not be
deemed invalid by reason of - any;, failure to
serve such citation or by any Informality or
irregularity in such petition or service." .-:
: Sec 12. That section twenty-one of said
act be amended j by changing tho number
thereof to twenty (20).
Seo. 13. ■ That section ; twenty-two (22) of
said act be amended by ■ changing the num
ber thereof to eighteen (18). ■■.•?w&mza&g£
seo. 14. All acts and parts of acts Incon
sistent with this act are hereby repealed.'
Sxo. 18. This act shall -- take effeot and bo
in force from and after Its passaga
Approved April 15, 1689.
09.
8. P. No. 481— An act to amend section nine
teen (19), of chapter thirty-six (36). of the
General Statutes of Minnesota, 1878, relat
ing to the removal of school house sites.
Be It enacted oy the Legislature of the State
of Minnesota:
Section -1: That section nineteen (19), of
chapter thirty-six (36), General Statutes ot
Minnesota, one thousand eight hundred and
seventy-eight (1878], De 1 and the same it
hereby amended by striking out subdivision
"fourth" of said section and inserting in lien
thereof the following: : -
"Fourth— To Designate a Site for a School
House— Provided, that the site for a I school
house shall not be changed after having been
designated unless at least a majority of the
' legal voters in the district who have resided
therein for a period of at least six - months
prior to such vote, and two-thirds of the
voters so i qualified, who are - present " ana
voting, vote in favor of such change; except .
that whenever a majority of the legal voter*
of any school district, voting thereon, shall
determine to build a new school house or to
remove a school house already, built in such
district, ' and the school | house site therein
shall be more than one-quarter of a mile from
the center of the district; then a majority of
the legal voters of such district voting there
on may change the site to a more j central la»
cation." = =i<--vT. s .- /<■— '-'■■■ ■■ i-'-r-^^|
Sao. 9l Tali act shall take effect ana fee
la force from and after its naasaga, ~ ' -
Approved April 24, 188&
i 7^ *2Sv
xisurance L£w*
70.
H. P. Ho. 469— ACT to amend section
• three i hundred and thirty-eight • (338) of ■
.''. Chapter > thirty-four - (34) . of the General
! •' Statutes . of . one thousand eight hundred
and seventy -eight ; (1878) relating to the
... organization and powers of town insurance
companies.-. : "- .. :!
Be it enacted by the Legislature of the State
of Minnesota: '■'....*- airyTjC*'! jp»'l
; Section 1.- That section three hundred
and thirty eight (338) of chapter thirty-four
! cf tho General Statutes of one thousand eight
hundred and seventy-eight (1878) be amend
ed by adding thereto tho following: I An in
surance company organized under chapter
eighty-three of - the General Laws ot i one
thousand eight hundred and seventy-five, en
titled, "An act authorizing the formation of
' township insurance companies," may and is
hereby authorized to receive applications for
. insurance ' and . issue ■ policies • on ■ any farm
property situated In any county, In portions
of which such compaay is now authorized to
do business. - ;
B Seo. 2. All nets or portions of acts Incon
sistent herewith are hereby repealed. . • ■'...
, Sec 3. This act shall take effect and be la
force from and after its passage.
Approved April 24, 1889. :
■'■'"':'.■,.■' -',71.' '.;''.'.
H. P. Ho. 833.— ACT to make the pro
' visions of chapter one hundred and seven
(107), of the General Laws of 1883; as
amended by chapter three (3), of , the Gen
eral Laws of 1885, and ' as amended by
chapter seventy-four of the General Laws
of 1887, i. applicable . to corporations, or
ganized under or confirmed by chapter one
hundred and thirty -five (135) of the Gen
eral Laws of 1887.
Be it enacted by the Legislature of the State
of Minnesota': .-••....'-':.
Section 1. ; That any corporation hereto
fore l organized under- or confirmed by the
provisions of chapter one hundred and
I thirty-five (135) of the General Laws of one
thousand . eight hundred and eighty-seven
• (1887), shall, upon complying with the pro
visions of chapter one ; hundred ; and seven
■ (107) of the General . Laws of one thousand
: eight hundred and eighty-three - (1883) as
amended by chapter three (3) of the General
Laws of one t thousand | eight hundred and
eighty-five (1885),. and as amended by
chapter seventy-four ■ (74) of the General
Laws ot one thousand eight hundred and
■ eighty-seven - (1887). or as the same may be
hereafter amended, be subject to the provis
ions of said laws of one thousand eight hun
dred and eighty-three (1883) as amended by
said laws of one thousand eight hundred and
eighty-five (1885) and . one thousand eight
hundred and eighty-seven (1887) as afore
said, •. or as : the . same may be hereafter
amended, and I entitled , to all . the rights,
■ privileges and franchises thereby conferred.
Sec. 2. All acts or 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 March 20, 1889.
72.
H. P. Ho. 882— ACT ; to amend sections
275, 276, and 277 of chapter 34 of the Gen
eral Statutes of one thousand eight hundred
and seventy-eight, relating to the appoint
ment,salary and duties of insurance co umis
* siouers and the appointment of a deputy in
surance commissioner and his duties and
salary.
Be it enacted by the Legislature of the State
of Minnesota:
Section 1.— shall be the duty of the gov
ernor, by and with the advice and consent of
the senate, to appoint one competent person.
a resident and citizen of this state, and one
who is possessed with the qualifications
hereinafter provided, who snail be styled the
insurance commissioner, who shall be sworn
in the manner as provided by law for other
state officers. : He shall hold his office for two
years, and execute the duties thereof, as
hereinafter provided, until his successor is
appointed and qualified and in case of a va
cancy by death, removal, resignation or other
wise, the governor shall fill the same by ap
pointment. - No person who is a director, of
ficer, agent, attorney, or ' stockholder of or
directly or indirectly interested in any insur
ance company, except as insured, shall be in-]
surance commissioner or deputy ; commis
sioner; and no officer or agent of any insur
ance company doing business in this state,
shall be deputed to examine the affairs of a
company under this . act. The said commis
sioner shall keep his office at the capitol of
the state and shall give bonds in the sum of
twenty-five thousand dollars ($25,000). with
at least two sureties to be approved by the
governor, for the : faithful discharge of his
duties. - '"..-»■ ' ; ' >
Sec 2. Said commissioner shall be paid a
salary of twenty-five hundred dollars
($2,5"00) per annum: provided that said sal
ary or expense ! shall in no way be a charge
upon the state treasury, over, and above the
fees and license receipts paid into the same
by said commissioner. . ...
All necessary blanks, forms, and circulars,
together with such pamphlet copies of the
Insurance law as may be required for distri
bution among persons affected by the provis
ions of this act, shall be furnished at the ex
pense of the state; and it the said commis
sioner shall directly or Indirectly receive any
compensation or pay for any service or extra
service, other thau as provided in this act, he
shall be deemed guilty of a felony, and on
conviction thereof, shall be subject to a fine
not exceeding five thousand dollars ($5,000)
' or Imprisonment In the state prison . for a
term not exceeding five (5) years, or both, in
the discretion of the court. ... "■■•*
. - Sec 3. . The insurance ; commissioner shall
appoint a deputy commissioner by and with
the approval of the governor, whose appoint
ment shall be evidenced by : a writing to be
kept on file and of record in the office of the
secretary of state. Said deputy commissioner
shall have power, under tho direction of the.
insurance commissioner, to . issue licenses to
agents, renewal licenses to companies having
been previously admitted to do ■ business in
the state, receive aud receipt for all moneys
Eaid by insurance companies to the state;,
e shall hsve power to accept service of pro
cess in.all actions against . insurance compa
nies, when such service is made upon the in
surance commissioner, and to act for and in
the name of the insurance commissioner and
do and perform such other, and ■ further du
ties pertaining to said office as said insurance
commissioner; before entering upon his du
ties, shall give bonds with two or more sure
ties in the penal sum of fifteen thousand dol
lars ($15,000) to be approved : by the gov
ernor, for the faithful discharge his duties
as such deputy. - And if the. said deputy shall
diiectlv or indirectly receive any compensa
tion or" pay for any services or extra .service
or for neglect or omission - of - service ' other
than provided in this act, he shall be deemed
' guilty of a felony and on conviction thereof
shall be subject to a fine I not . exceeding five
thousand dollars ($5,000) . or imprisonment
in the state prison for a term not i exceeding
five (5) years or both, in the discretion of the
court. * :
Sec 4. The salary of the deputy Insurance
commissioner shall be fifteen hundred dol
lars ($1,500) a year, which said sum is
hereby appropriated out ! of any moneys in
the state treasusy not otherwise appropriated. ,
Sec. 5. Sections two hundred and seven
ty-five (275). two hundred and seventy-six
(276), and two hundred and seventy-seven
(277), of chapter thirty-four (34) of the Gen
eral Statutes of one thousand eight hundred
and seventy-eight (1 878) are Hereby-repealed.
Sec 6. This act shall take effect and be in
force from and after its passage.
Approved April 24, 1889.
73.
H. P. Ho. 903— ACT . to provide - for a
uniform policy of fire insurance, to be made
and issued in this state by all insurance
companies taking fire risks . on property
within this state.
Be it enacted by the Legislature of the State
of Minnesota: ,
Section 1. The insurance commissioner
shall prepare and file in his office on or be
fore . the i first day of ; August; A. D. 1889, a
printed form in blank of a contract or policy
of fire .insurance, together with such pro
visions, agreements or conditions as . may be
endorsed thereon, or added thereto, and form
a part of such contract or policy, and such
form when so filed shall be known and desig
nated as the Minnesota Standard Policy. Said
Insurance commissioner ' shall within sixty
days from the passage of this act prepare, ap
prove and adopt a printed form in blank of
a ' contrcct . or . policy ' of fire insurance, to
gether with such provisions, agreements and
conditions as may be endorsed thereon or
added thereto and form a part of ■ such con
tract or policy, and such form shall, as , near
as die same cau be made applicable, conform
to the type and form of the New York Stand
ard fire insurance policy, so called and
known. Provided, however, that five days'
notice of cancellation by the company shall
be given and provided that proof pf loss shall
be mode within sixty days after a fire.
. Sec 2. The insurance commissioner may
call upon the attorney general for . such as
sistance as to him may seem necessary in the
preparation of the aforesaid standard in
surance , policy, and ' it is hereby made the
duty of said attorney general to perform such
service; .
Seo. 3. Immediately after filing said form
of policy in the office of. said Insurance com
missioner, he shall have five hundred (500)
copies of the same printed, together with five
hundred (500) copies of this act, and mail to
each company doing a fire Insurance busi
ness in this state copies of the same.
- Seo. 4. On and after the first day of Janu
ary. A. D. 1890, no fire insurance. company,
corporation or association, their officers or
agents, shall make, issue, use or deliver for
. use, any fire insurance policy or renewal of
any fire policy on property In this state, other
than such as shall conform In all particulars
as to blanks, size of type, context, provisions,
agreements and conditions with the printed
form of contract or policy so filed in the of
fice of the insurance commissioner, as pro
vided for in the first section of this act, and
no other or different provision, agreement,
condition or clause shall in any . manner be
made a part of said contract or policy, or be
endorsed thereon or delivered therewith, ex
cept as follows, to-wlti ■' "'.V-f ■ : ' ••: * /-: --■*. -
Writ— The name of the company, Its Iocs-
( on and place of business, the date i of its in
corporation or organization, and the state; of
country under which the same is organized,
tie amount of paid up capital slock, whether
It'fj a stock or mutua company. the names of
tit oflicers.the number and date of the policy;
at i if : ft be ; Issued \ through a manager or
atcut of the company;, the "words, "Thle
policy shall not be valid until countersigned
by the duly authorized manager or agent of
the | company at ;:_"". :.-,' faay bo printed
on policies issued on property In this state. -
Second — Printed J or - written - forme
of description and specification of schedule*
of the property : covered by ■■ any particular
policy, and i any • other / matter necessary to
clearly express all the facts and condition!
of Insurance - on any particular risk (whica
facts or conditions shall in no case be incon
sistent with or a waiver of any of ' the pro*
visions or conditions of the standard • policy
herein provided for), may be written upon
or attached or ' appended to any policy i»
sued on property in this statft.
■ '; Third— company, corporation or associa
tion organized or incorporated under and la
pursuance of the laws of this state or else*
where, If entitled to do business in this stated
may, with ; the approval of the insurance
commissioner; If the same is not already in*
eluded in the standard form to be filed in the
office of said commissioner, as provided for
in the first section of this act, print on Its
policies any provision^ which It is required
by law to Insert therein, if such provision ii
not In conflict with the laws of this state, 01
of the United States, or of the | provisions ol
the standard form provided for herein, Bui
said provision or provisions shall be printed
apart from the other provisions, agreements
: or conditions of the policy, and in type not
smaller than - the body of tire policy, and
under a separate title, as follows: "Proviso
ions required by law to be stated in this pol
icy," and be a part of said policy.
r ' Fourth— There may be indorsed on the out
side of any policy j herein provided for the
name with the word "agent or agents," and
place of business of any insurance agent or
agents, either by writing, printing, stamping
or otherwise. . ;
Fifth— Where two or more companies (each
having previously complied .with the Jaws of
this state) unite to issue a joint policy, there
may expressed in the heading of such pol;
icy the fact of the severalty of the contract!
also the proportion of premium to be paid to
'■ each company and the proportion of liability
which each company agrees to assume. . And
in the printed conditions of men policy the
necessary change may be made from the
singular to the plural number, when refer*
ence is had to the companies issuing such
policy. ' iMMU'laTrrHi 1
. Sec 5. Any Insurance company. Us offi
cers or ■ agents, or either of them, violating
any provisions of this act by mailing, issuing,
delivering or offering to deliver any policy
of fire insurance on property in this state,
except as hereinbefore provided, shall be
guilty of a' misdemeanor, and upon com
plaint made by the insurance commissioner
or by any . citizen • of this state, shalL upon
conviction thereof, be punished by a fine of
not less than fifty dollars (550) nor mora
than one hundred dollars ($100) for the first
offense, and of not less than , one hundred
dollars ($100.» nor more than two hundred
and fifty dollars ($250) for each subsequent
offense; but any policy so made, issued and
delivered shall, nevertheless, ; be . biudiutj
upon the company Issuing the same, and
such company shall thereafter be disquali*
fled from doing any insurance business in
this state.
Sec 6. ' This act shall take effect and be
in force from and after its passage.
Approved April 21, 1839.
74.
S. - P. 69.— AN ACT to amend chapter 83,
" General Laws of 1875. by inserting after
the word "stack" in line seven of section
. 10 the words "churches, and school
houses."
Be it enacted by the legislature of the state
. .of Minnesota:
Section 1. That chapter 83 of the Gen
eral Laws of 1875 be so amended by insert
ing after the word "stack" in the seventh
line of section 10 of. said act the words,
"churches and school houses."
Sec. 2. This act shall take effect and be la
force from and after its passage.
Approved March 7, 1889.
75.
8. F. No. 209— AN ACT to amend secCca
nine [9], title three [31 of chapter one p.]
of the General Laws of one thousand eight
hundred and seventy-two 872]; entitled
"An act to establish a reciprocal general in
surance law for the state of Minnesota and
to revise and amend the laws of said state
relating to home - and • foreign insurance
companies," being section two hundred and
ninety-four [294] of > chapter thirty-four
[34] of the General Statutes 1878.
Be it enacted by tho Legislature of the State
of Minnesota: - .■
Section 1. That section nine [9] of title
three [3], chapter one [11 of the General
Laws of 1872, being section two hundred
and ninety-four [294] of chapter thirty-four
[34] of the General Statutes 1873. be and
the same is hereby amended so as to read as
follows:
"Sec 9. It Is unlawful for any Insurance
company of this state to purchase, hold or
convey real estate anywhere; and for any
other insurance company tofpurchuse, hold
or convey real estate within this state, except
of the kind and in the manner and time fol
lowing: . ■ •
1. Such as it has heretofore acquired or
mav hereafter acquire within any incorpor*
ated city for the purposes of improvement;
or, • ■ ■
2. Such as shall have been mortgaged to It
In good faith by way of security for loans pre
viously- contracted or for moneys due: or,
3. Such as shall have been conveyed to it
in satisfaction of debts previously contracted
in the course of its dealings; or, ,
4. • Such as shall have been purchased at
salas upon judgments, decrees or mortgages
obtained or made for such debts.
Heal estate lawfvlly acquired as aforesaid
under subdivisions 2, 3 and 4 hereof, except
such as has been heretofore or may be here,
after acquired within ! any incorporated city
under said subdivisions, shall be disposed of
within five [5] vears after, the company ac
quired title to the same, unless the company
procures a certificate from the insurance
commissioner that the interests of the com
pany will suffer materially by a forced sale
thereof, and extending the time of the sale
to a period fixed in said certificate."
• Sec. 2. The provisions of . the above see
tiou shall not apply to any conveyance here
tofore made to, or by, or hereafter made to or
by any foreign corporation crested and or
ganized with power under its - charter to ac
quire, hold and convey real property in a
fiduciary capacity. ••• .- -.-.'-
Sue. 3. ' This act shall take effect and be in
force from and after its passage. - : .■"■■■ ':'
Approved April 13, 1889.
Garnishment and Lien Laws,
70.
H. P. No. 639.— AN ACT to fix the amount
. " of wages of laborers exempt from process
of attachments, garnishments orexecution.
Be it enacted by the Legislature of the Stale
of Minnesota:
Section 1. The wages of any person or of
the minor children of any person in any sum
not exceeding twenty-five (25) dollars due
for any services rendered by any such person
or the minor children of any such person for
any other person during thirty days preced
ing the issue of any process . of attachment,
garnishment or execution in any action
against any such person or persons shall be
exempt from such process.
Sec 2. All acts or parts of acts inconsist
ent 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 16. 1839.
; - 77.
H. P. 783.— ACT giving liens for the bet
ter . security . of mechanics, material men,
laborers and others.
Section 1. Whoever performs labor, ' or
furnishes skill, material - or machinery for
the construction, alteration or repair of any
boat, vessel or other water craft, or for the
erection, alteration, repair or removal of any
house, mill, manufactory, or other building
or appurtenance, or of - any fixture, bridge,
wharf, fence or other structure, by virtue of
a contract with, or at the Instance of, the
owner thereof,- or • his agent, trustee, con
tractor or subcontractor, shall have a lien to
secure : the • contract price or value of the
same upon | such .boat, vessel or otter water
craft, or upon such house, mill, manufac
tory, or other building : or appurtenance, or
fixture, bridge, wharf, fence or other struct
ure, and upon the right, title and Interest of
the owner thereof, in and to the land upon
which the same is situate, or to which it may
be removed; not exceeding fortv (40) acres,
if without the corporate limits of any' city or
incorporated village: and it situate upon, or
removed to, land within the corporate limits
of any city or incorporated village, then in
and to the lot of laud upon which the same
is situate, or to which it may be removed,
not exceeding one (1) acre in extent. .
Sec. 2. Whoever: performs labor, or fur
nishes skill, material or machinery for grad
ing, filling in I or excavating any land, or for
injging, constructing, altering or repairing
»ny ditch, drain, well, fountain, cistern, re
servoir or vault thereon, or for laying, con
structing, altering or repairing anv 'side walk.
?urb, gutter, or any sewer, water pipe or gal
pipe, whether mains or connections, upon
my land, or In the , half of the highway
iU &l °^ v lley , aQ J a cent . and contiguous to
aid land, by virtue of a contract with, or at
the instance, of, the owner thereof, or hie
igent, trustee, contractor or subcontractor
shall have a lien to \ secure the contract price
>r value of the same upon the right, titleaud
merest of the owner of such grading, rillin*
n or excavation,- ditch, drain, well, foun
ain, cistern; reservoir, vault, sidewalk,' curb
tutter, sewer, water pipe or gas pipe, whether
aalne or connections, in : and, to the laud
i.pon which the same has been done or is
ituate, or in and to * the land adjacent and
iontiguous to the half of the highway, street
»r alley in which inch sidewalk, curb, gutter.

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