OCR Interpretation


St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, May 07, 1889, Minnesota Law Supplement, Image 15

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fewer, water pipe or gas pipe, whether mains
pr connections, has been . laid, constructed,
altered or repaired, not exceeding forty (40)
acres, if without the corporate limits of any
city or Incorporated village, and if done'
or situate upon land, or in the half of the
fiighwav, street or alley adjacent and contig
uous to'land within the corporate limits of
any city or incorporated village, then In and
to the lot of laird upon which the same has
teen done or is situate, or in and to the lot of
{and adjacent and contiguous to the half of
he highway, street or alley in which such
Sidewalk, curb, gutter, sewer, water pipe or
fas pipe, whether mains or connections, has
been laid, constructed, altered or repaired,
toot exceeding one (1) acre in extent.
'.-Sec 3. Whoever performs labor, or fur
pishes skill, material or machinery for the
construction, alteration or repair of any line
of railway, or ot any telegraph line, depot,
bridge, fence or other structure ap
pertaining to any line of railway,
or for the construction, alteration or
repair of any line of telegraph, telephone,
alcctrlc-light . gas pipe or subway,
Conduit, or of any fixture or structure apper
taining to any such line, by virtue of a con
tract with, or 'at the instance of the owner
thereof, his or its agent, trustee, contractor
Or subcontractor, shall have a lien to secure
the contiact price, or value of the same. upon
Such lire of railway, telegraph line, depot,
bridge, fence, or other structure appertain
ing to such line cf railway, or upon such line
pf telegraph, telephone, electric light, gas
tripe or subway conduit, or fixture or structure
appertaining to such line, and upon all fran
chises, privileges and immunities, and all
tight of way of or appertaining to any of the
several lines aforesaid.
Sec. 4. Whenever the owner of laud has
Sold the same anon on executory contract of
sale, contingent upon or providing for the
erection, construction, alteration, removal to
Or repair upon smb. land by the vendee there
of or any house, mill, manufactory or other
building or appurtenance, or of any fixture,
Wharf, fence or other structure, if the vendee
Or his assigns shall forfeit or surrender snch
contract, then, for the purpose of establishing
end enforcing a lien for all labor, skill, mate
rial or machinery, performed or furnished by
other persons, for or to such vendee, or his
assigns, under contract or subcontract for
Such erection, construction, alteration re
moval or repair, such vendee shall be deemed
the owner of such house, mill, manufactory
or other building or appurtenance, or fixture,
Wharf, fence or other structure, and such
vendee his contractor within the meaning of
this act But no such vendor shall be per
sonally liable for any indebtedness so con
tracted by such vendee.
Sec 5. Every house, mill, manufactory or
Other building or appurtenance, and every
Structure or other Improvement mentioned in
sections one (1) and two (2) of this act (ex
cepting boats, vessels or other water craft),
erected, constructed, altered, removed to or
repaired upon any land, with the knowledge
Of the owner of such laud, or of any person
baving or claiming an interest therein other
wise than as a bona fide prior mortgagee,
Incumbrancer or lienor, shall beheld to
have been erected, constructed, altered,
temoved or repaired at the instance of
Such owner or person, so far only as
to subject his interests to a lien
therefor, as in this section provided, and
such interest so owned or claimed, shall be
Subject to any lieu given by the provisions of
this act unless such owner or person shall,
Within five (a) days after he shall have ob
tained knowledge "of the erection, construc
tion, alteration, removal or repair aforesaid,
Rive notice that his interest shall not be sub
ject to auy lien for the same by serving a
Written or printed notice to that effect per
tonally upon all persons performing labor or
urnishing skill, material or machinery
therefor, or shall, within five (5) days after
be shall have obtained the knowledge afore-
Said, or knowledge of the intended erection,
Construction, alteration, removal or repair
aforesaid, give such notice as aforesaid by
bosiinf and keeping posted a written or
printed notice to the effect aforesaid, in
some conspicuous place upon said land or
Upon the building or other improvement sit
uate thereon. But no lien shall be allowed'
Os against a lessor for repairs made by or at
the Instance of a lessee, and nothing in this
Section contained shall apply to such vendor
as is mentioned in section four (4) of this act.
Sec 6. In all cases where the : labor, skill,
material or machinery referred to in sections
fine (1), two (2) and three (3) of this act
Shall be furnished byauy person otherthan the
original contractor with such owner or his
agent or trustee the lien shall not exceed the
actual value of the labor, skill, material or
machinery so furnished.
Sec 7. Whenever any contractor, sub
contractor or other person shall perform
labor or furnish skill, material or machinery
lor the erection, construction, alteration, re
moval or repair of two or more bull lings or
Structures united together and situate upon
the same lot or contiguous lota or of separ
ate buildings upon contiguous lots, in either
Case under or pursuant to tho purposes of
pne general c on tract with the owner or joint
Owners of the lot or lots and of such im
provements thereon, or with the person or
persons whose interest therein may be
Charged with a lien under this act, it shall
Hot be necessary to file a separate lien upon
each building or structnre for the labor so
performed thereon, or for the skill, mater-
Sal or machinery so furnished therefor,
Cior, in case a separate lien is not so filed, to
apportion the amount of : the entire lien
Claimed, between the several buildings or
structures.
Sec. 8. Any person, copartnership or cor
poration, claiming a lien under this act and
Wishing to avail himself of the benefits
thereof, and to continue snch Hen, shall
make a statement In writing setting forth :
1. The amount actually due and owing
bim after allowing all just credits and
offsets. (The separate items of the account
peed not be stated.)
2. That such amount is due and owing for
labor performed, or for skill, material or ma- 1
chinery furnished, • or for one or . more of
them; and in what erection, construction,
feneration, repair, removal, digging or laying,
fes the case may be, the same was performed
Or furnished.
8. The time when the first and last item
Of such labor, skill, material or machinery,
fas the case may be, was furnished.
4. A description of the property to be
Charged with the lien.
5. The name of the owner or reputed
Owner, at the time of mating said statement
Of the property charged with the lien, ac
cording to the best Information then had.
- 6. A notice of intention to claim and ftold
Such lien.
>'. Said statement shall be verified by the oath
Of the person claiming the Hen, or by his
fagent or by one having knowledge of the
facts, and shall, within ninety (90) days
from the time of furnishing of the last Item
Of such labor, skill, material or machinery,
be filed in the office of the register of deeds
In, and for the county in which the premises
charged with the lien are situate; and in
case such labor, skill, material or machinery
Shall have been furnished for : the construc
tion, alteration or repair of any boat vessel
Or other water craft, or of any line of rail-
Way, or of any telegraph line, depot bridge,
fence, or other structure appertaining to any
ine of railway, or for the construction, alter
ation or repair of any line of telegraph or tel
ephone, or of any fixture or structure apper
taining to any such line, said statement shall
tie filed, within the time aforesaid, in the
Office of the secretary of state. * ..- -.
Said statement when so verified, shall be
recorded in the office, where 'it is filed as
aforesaid, at length in the records thereof,'
?nd shall operate to continue such
ien during all the period of time,
from the time of the furnishing of
the first item of . such labor, skill,
material or machinery, until the expiration
pf one year after the time ef furnishing the
last item of the same.
Sec 9. The validity of the Hen shall not
Tie affected by any inaccuracy in the state
ment relating to the property to be charged
with it, if such property, can be reasonably
recognized from the description, nor by any
Inaccuracy in the statement of the name of
the owner or reputed owner of such property,
nor by any inaccuracy in stating the amount
due for labor, skill, material or machinery,
unless it appears that the person claiming
the Hen has wilfully and knowingly claimed
more than is due. Provided, that in no case
than a Hen exist for a greater amount than
that claimed in said statement.
Sec 10, Any person having a Hen given
by the provisions of this act may proceed to
obtain judgment and enforce the same, in
the same manner as in actions for the fore
closure of nioitgagesupon real estate, except
as. otherwise herein provided.
i Every such action to enforce any such Hen
Shall be commenced within one (1) year
from the time of furnishing the last item of
labor, skill, material or machinery lor which
such lien is had.
. At the time of the commencement of such
action a notice of lis penden S shall be filed,
as provided by law, In the office of the regis
ter of deeds in and for the county in which
jsuch action is brought and, except in cases
Where the Hen statement shall have been filed
in the office of the secretary of state, as in
this act provided, in. each and every county
In which the property, or any part thereof,
affected by such action is situate.
In all cases no pleadings or copies thereof
need be served, on demand or otherwise, but
the several pleadings in such action shall be
filed by the parties thereto, in the office of
the clerk of the district court in and for the
county wherein the action is brought The
complaint shall be so filed at the lime of issu
Ing the summons in such action. .-•
The summons shall require the defendant
bo to file his answer within twenty (20) days
after the service of such summons, exclusive
of the day of service, and shall notify him
that the complaint has : been filed with the
clerk of said court, and ; that such action is
for the foreclosure ot a mechanic's lien. '■-:.
Every party to - such action claiming
a lien under this act shall attach to his com
plaint, or answer, and file therewith, a bill
of particulars of the items of . his lien-claim,
■verified by his oath, or that of his agent, or
of some one having a knowledge of the facts,
or be precluded from giving evidence thereof.
The court may 'order a further and more
particular bill. ' -;^3lllkli™flWaaaaaw"aa*eta1
"' In any such action all persons who have
liens given by the provisions of this act filed
of record, upon the same 'property or any
part thereof, shall be made parties defend
ant The complaint in such action shall ask
the determination, and adjudication of the
•mount, and validity of all such Hen-claims.
Each defendant in such action shall an- ,
* _ V •
MINNESOTA LAW SUPPLEMENT CONTAINING THE GENERAL LAWS PASSED DURING' THE SESSION OF 1889— OFFICIAL PUBLICAT
swer setting up any. defense to the plaint-.
tiff's claim, and f also,' as in a complaint the
amount ' and nature of ' the lien : claimed by ,
such . defendant, and asking that the same |
be determined, adjudicated and foreclosed In
said action. \ ; Against any defendant failing
to answer, judgment shall be rendered deny
ing him i any relief in such action, and he
shall be thereby . debarred from afterwards
setting up or asserting his said lien; but his
claim upon the person with whom the con-.
tract ' was made shall not bo thereby im
paired. All the allegations of each answer
in such action shall be deemed | to bo contro
verted, as upon a direct denial or avoidance, .
as the case may require, without further
pleading. - -
At the trial of such action the amount and
validity of all such liens as aforesaid shall
be determined and adjudged ; and if it shall
appear - to the court at any time before final
judgment that other liens have . been - filed,
or will thereafter be filed under the provis
ions of this act, , upon or against the same
property or any part thereof; or that there
are other persons who ought to be made par-,
ties to such action, the court upon its own
motion, or upon motion of auy party or of
any person claiming such lien, or upon mo
tion of any such other person who ought to
be made a party, ; may continue such ac
tion, or delay trial - thereof or judgment
therein, for the purpose of . bringing in, and
making all lien claimants upon such prop
erty, or such other persons, parlies to such
action. Any person entitled to a lien given
by the provisions of this act, whose claim is
not due, or payable at the time of the com
mencement of an action, by any other
person or persons, to enforce their liens,
shall be permitted . to become or to
be made a : party to such action:
and the claim of such person maybe allowed,
subject to discount for the period to elapse
between the date of the judgment and the
maturity of such claim. After the com
mencement of, and before final judgment in
any such action to foreclose any such lien,
as aforesaid, upon any certain prop
erty, no other such action to fore
close any other such lien upon the
same property or ,-• any part thereof
shall be commenced; but the claimant of
any other such lien, not a party to such ac
tion firstly commenced, shall apply to be
made, and shall be I admitted a defendant in
the action last mentioned. And if he shall,
nevertheless; commence such other : action,
the same shall be consolidated with, and
merged In the action- firstly . commenced,
upon motion of any party to the earlier ac
tion, or by the court upon its own : motion.
In rendering judgment in such action the
court shall first determine the amount of the
lien claim to which each sub-contractor is
entitled, and direct judgment in favor of
such sub-contractor for the amount so de
termined : the court shall then determine the
amount to which the contractor, with whom
each sub-contractor shall have made his con
tract, Is entitled, over and above the, amount
of the liens of such sub-contractors, and
direct judgment for such excess only in
favor of such contractor. But if after judg
ment any original contractor shall pay the
amount so adjudged to be due to such - sub
contractor, such original contractor shall be
subrogated to the rights of such sub-contrac
tor. Any judgment rendered in such action
shall specify the amount of every such lien, <
and by whom it is held or owned, and shall
order the sale of the premises covered oy all
such liens to satisfy the same. . Such judg
ment shall require the officer to- pay over and .
distribute the proceeds of the sale, after de
ducting all lawful charges and expenses, to .
and among the several creditors, j including
such subsequent lien claimants, if any, as
'are hereinafter mentioned, to the amount of
their several claims, if there is sufficient
therefor; and if there is not sufficient, then
to divide and distribute the same among the
creditors in proportion to the amount due to
each, and without priority among themselves. |
- If. at any time after judgment and before ;
. sale or distribution, it shall be made . to ap- ■
Sear to the court that any lien claimant
avinga lien which might properly . have
been foreclosed in said action and
provided for by said . Judgment has
without fault on his part, omitted to ,
assert the same or to apply to be made a ,
party to said action, the court shall by its .
further order or . orders delay such sale or ;
distribution, as the -case may be, for the
I purpose of admitting, and. shall, upon, due
proof of such lieu-claim, in manner as the
court may direct, admit such claimant to a
participation in the proceeds of such sale or
distribution, in all respects as if he had been
a party to said action, and had therein duly
established his said claim.
Iu case the property covered by such lien
I or liens will not sell upon ! execution, as pro
. vided by law in other cases, having been
once duly offered, the court may order the
property into the hands of a receiver, to be
leased or rented from time to time, under the :
direction of the court, until the hen or liens
. shall be discharged, or make such . other
order or disposition of the property as shall
to right appertain. . .■
Sec 11. When judgment is obtained es- j
tablishing any lien, given by the provisions
of this act, upon any line of railway; tele-' .
: graph, telephone, electric light, gas pipe or ;
subway conduit such line of railway,
together with all telegraph lines, , depots,
bridges, fences or other structures appertain
ing to such line of railway, or such line of
telegraph, telephone, electric light, gas pipe
or subway conduit, together with all fixtures
or structures appertaining to such line, and
together with all franchises, privileges, im
munities, and all right of way of or apper
; taining to any of the several lines aforesaid,
' may be sold ; upon execution to satisfy ' such
judgment.
The purchaser thereof, at any such sale,
shall have and hold aii and singular the
same, In the same manner and with the same
effect, as the same were had and held by the
judgment debtor. Such sale shall be"con
ducted in like manner; and be upon like
notice, and be subject to like redemption, as
sales of real property upon execution, except
that in the case of the sale of any line of
railway or telegraph as aforesaid, the ' notice
of sale, required- by law to be published i In
a newspaper, shall be published in some
newspaper published at the capital of the
Sec 12. If the building or other Improve
provement erected, or constructed, is so con
structed as to be movable from the premises
without material injury thereto, the court
may direct the same to be sold to satisfy any
lien given by the provisions of this act, and
ihe purchaser may. under the direction of
the court, remove such building or improve
ment from the premises within sixty (60)
days after such sole. •
Sec 13.— Upon the sale of any real prop
erty under the provisions of this act when
the" interest or estate sold is a leasehold of
less than two (2) years, unexpired term, 'for
the time of such sale, or is at the time of such
sale the interest or estate of a vendee of such
property under an executory contract of sale,
the conditions of which are to be performed
within two (2) -years from the date of the
contract the sale is absolute; in all other
cases the property sold is subject to redemp
tion as provided by law. ■'--' -'- •-•"- ."■'• .--' .1-. -. ■ ;
- Sec 14. 'Any : sub-contractor V or . person
other than the original contractor, who per
forms" any labor or furnishes any skill, ma
terial or machinery, or who has agreed so to
do, for which a lien ig, or may j be given by
the provisions of this act. may at any time
serve or cause ' to be served upon the owner
of the ' premises, or upon the person whose
i interest therein is, or may be charged with
such ' lien, or upon the authorized ' agent of
either a notice m writing. -
Such notice may be substantially in the
following form : •
To - :: Ton are hereby noti
fied, that I have (been employed by, or have
contracted with) ..'.: , to (here
state whether to perform labor or furnish
skill, material or machinery, or both, and
substantially the nature of the undertaking
or demand) upon your (here state the build
ing or other structure or improvement, and
where situate, in general > terms) : and that I
shall hold the (building, or as the case may
be), and jour interest in the land liable for
the amount that (is, or may become) due me •
on account thereof. That said amount (is,
or will be, _..-.•■■ here state the amount
as nearly as may be.) t&SBBtNBKBBKMB& '
Date ..■'■'.- - - •'"■ •„ - Signature.
No such notice shall be Invalid by reason
of any defect of form, provided it is . suffic
ient to inform the owner or such person as
aforesaid of the substantial matters, as set
forth in the form herein ' abeve given. Such
notice shall be verified by the ' oath of such
sub-contractor or that of his agent Such
notice shall be served by delivering the same
to the owner or to such person as aforesaid,
or to the authorized agent of either, person
ally, or in case such owner, person or agent
cannot be found in the county in which such
improvement is made, and has no residence
therein, then by posting such notice, and
keeping it posted in a conspicuous place up
on the premises of the owner or such person
as aforesaid. Upon such notice being served,
the owner or such person as aforesaid, or the
agent of either shall, and it shall be his duty
to withhold from the original contractor, out
of the money due or that may become due to
him, an amount sufficient to answer the sum
of money claimed in such notice to be : due
or to bee ome due. and any lien that may be
filed therefor. Such an amount as aforesaid
shall be so withheld until such notice is by
writing withdrawn, by the party so having
given the same. But failure by any such
sub-contractor or person, other than the or
igual contractor, as aforesaid, to give such
notice shall not defeat his lieu or right of
lien under this act _ < . . . --.". ;-- ■
, Sec 15. - The taking of a promissory note
or other evidence of indebtedness, for labor
performed, or skill, • material or < machinery
furnished' under the provisions of this act
shall not discharge the lieu • thereby, given
for the same, unless expressly received • in
payment therefor, and so specified in such
note or other evidence of indebtedness. ,-.-. -
" Sec. 16.' Any contractor or sub-contractor
'. who shall purchase material on credit, and
represent at the time of said . purchase, tnat
the same is to be used in a designated build-'
ing | or other improvement, and shall there
after . use, or * cause ' to be used; the said ma
terial in the construction of any building or
improvement other than . that designated
when purchased, with intent to defraud i the
person from whom ' the material; was " pur
chased," without first having given due notice
to. and obtained written consent from, the
person from whom the material -' was .' pur
chased, shall, upon conviction thereof, be
Sunished by a fine not " exceeding , five nun
red (500) 'dollars, or by imprisonment not
exceeding six (6) months, or both, In the dis
cretion of the court - ■. ;'--''.'. •
•i- Sec 17. Executors and • administrators
under this act have the same rights, and are ,
subject to the same liabilities, that their tes
tator or Intestate, If living, would nave or
might be subject to. -' "
• Sec 18. Every person who has " received
satisfaction of his debt er tender of the
amount thereof, i with all costs of • action
brought thereon, or of any Judgment recov*
ered therefor, for : which he has filed any
such claim for Hen; or lifter final Judgment
against him by a competent tribunal in an
action thereon, or after the expiration of the
time limited by this act for ■ the com
mencement of action thereon without action
being begun, shall, at his own cost at the re
quest of - nnv person interested in tho prop
erty affected by such lien, or who Is
interested in having such lien removed,
or ot his legal representatives, release, and
discharge such lien of record ; and if he ne
glects so to do for ten (10) days after request
In writing, he shall forfeit and pay twenty
five (25) dollars to the person ■ requesting
such satisfaction and discharge, to be recoV 5
ered in a civil action, and shall be liable to
any person injured to . the extent of his in
jur v. ■ '.• ' ■ ■ '■'.'
All Hens given by the provisions of this net
shall be released and discharged in the office
where recorded, in the same manner as is
now-provided by law for the release and dis
charge of mortgages upon real property. : ;-" i
Sec. 19. That section- one (1), two (2),
'three- (3), four- (4), five (5), six (6), seven
(7). eight (8), nine (9), ten (10), eleven (11).
twelve (12), thirteen (13), fourteen (14),
fifteen (15), eighteen (18), nineteen (19),
twenty (20) and twenty-one (21) of chapter
'ninetv (90) of the General Statutes of one
thousand eight hundred and seventy-eight
i (1878), of the state of Minnesota, and all acts
and parts of acts amendatory thereof, be and
the same are hereby repealed; and all acts
and parts of acts inconsistent .with this act
are herebv repealed, ; Provided, that this act
shall not affect any rights existing or suits
pending when it shall take effect Provided
further, that proceedings begun to enforce
: liens, after . this : act shall take effect, shall
conform, as far as practicable, to the pro
visions of this act.
Sec 20. That this act shall take effect and
: be in force from and after the first day of
October, A. D. 1689.
Approved April 24, 1889. '
' "78.'
H. F. No. 940. -AN ACT giving Hens for the
better security of mechanics, laborers and
others who • perform . work and labor or
. furnish material or persoual property. - ,
Be it enacted by the Legislature of the State
af Minnesota:. WmiUM iHijji *»i|> ilijir>i7T' i 'iWf
Section 1, Whoever makes, alters, repairs
or bestows labor or furnishes material or any
article of personal property, at the request
of the owner or legal possessor thereof, shall
have a lien on such propertiy so made,re
paired, altered, or upon which labor has
been bestowed, for his just and reasonable
charges for the labor he has performed, and
the material he has furnished; and such per
son may hold and retain possession of the
same until such just and reasonable charges
are paid. If they are not paid within three
(3) months after the labor is performed or
; the material furnished, the person having
snch lien may proceed to sell the property by
him so - made, altered or repaired, or upon
which labor has been bestowed, at public
auction, by giving public notice of such sale
by advertisement for three (3) weeks in some
newspaper printed and published in the
■ county, or if there is none, then by posting
up notice of such sale in three of the most
i public places in the county three (3) weeks
before the lime of sale. The • proceeds of
such . sale shall be apulied . first to the dis
charge of ; such lien and the cost .' and ex
penses of keeping and selling such property,
and the remainder, If any, shall be paid over
to the owner thereof. .
. Seo. 2. Any person who Is a common
carrier; and any person who at the request of
the owner or lawful possessor of any per
sonal property carries, conveys or transports
the same from one place to another, and any
person who safely keeps or stores any per
sonal property, and any keeper of a livery or.
boarding stable for horses, m ales, cattle or
stock, and any person who pastures or keeps
the same, at the request of the owner or lawful
possessor thereof, shall have have the same
lien for all his charges for carrying, transport
ing, storing, keeping, supporting and caring
for such property, and the same right to hold
and retain possession thereof, and the same
power of sale for the satisfaction of his rea
sonable charges and expenses upon the same
conditions and restrictions as provided in the
preceding section, . -
Sec 3. That sections sixteen (16) and
seventeen (17) of chapter ninety (90) of the
of the General Statutes of one thousand
eight hundred and seventy-eight (1878), of
the State of Minnesota, and all acts and parts
of acts, amendatory thereof be and the same
are hereby repealed ; and all acts and parts
of acts inconsistent with this act are hereby
repealed. Provided, That this act shall not
affect any right existing or suits pending
when it shall take effect. Provided further.
That proceedings begun to enforce liens af
ter this act shall take effect shall couform, as
far as practicable to the provisions of this
Sec 4. . This act shall take effect and be in
force from and after its passage.
-, Approved April 24, 1889. :;.••;' •■.•:'■ • -
Dairy, Game and Fish Laws.
TO.
H. P. No. 618.— AN ACT for the preservation
of game. --'•'.'*
Be It enacted by the Legislature of the State
of Minnesota:
'. Saction 1. - No person shall kill, or pursue,
wilh intent to kill, any woodcock, save only
during the month of July, after the third
(3d) day of said month, and during the
months of August, September and October;
nor any prairie hen or : chicken, nor any
white-breasted or sharp-tailed grouse, ■ or
prairie chicken save only during the month of
August, after the • twentieth (20th) | day of
said month, and during . the months of Sep
tember, October and November; nor any
quail or partridge save only during the
months of September, October and Novem
ber; nor any ruffed grouse, or pheasant save
only during the months of September, Octo
ber and November ; nor any wild duck of any
variety, or wild goose, or brant of any variety,
or aquatic fowl whatever, save - only during
the lime between August twentieth (20th)
and January tenth (10th) - inclusive, of each
year. Whoever kills any woodcock between
first (1st) day of November and the fourth
(4 th) day of July - wing; or kills any
prairie hen or chicken, . or white-breasted or -
sharp-tailed grouse between the first (1st)
day of December and the twentieth (20th)
day of August following; or kills any quail
. or partridge or ruffed grouse or pheasant be
tween the first (1st) - day of December and
the first (1st) day of September following; or
kills any wild duck of any variety, or any
wild goose or brant of any variety, or any
: aquatic ' fowl - whatever between - the '. tenth
' (10th) day . of January ' and - the R twentieth
(20th) day of August in any ' year, shall ■ be
guilty of a misdemeanor; and ■ shall, on con
viction thereof, be punished by a fine . of not
' less | than g ten •■■■ (10) s dollars £ nor e more
than •: twenty-five (25) ' doUars l for 5 each '
and - every > bird < so ■ killed - and • costs
of ; prosecution: ; and '- in default ' of • the ■
-payment - of & such fine ' shall be impris
oned in the county- jail not less than ten (10)
days, nor more than thirty (30) - days. The
possession of one of such birds (except alive)
during the time the killing thereof is prohib
ited, shall be prima facie evidence of the fact
that such person killed the same contrary to
the provisions of this section. Provided, that
no quail shall be hunted or killed at anv time
until after December 1, 1893
. Sec. 2. No. person shall at any time catch
or kill any of the birds aforesaid in any other
manner than by shooting them with a gun,
held to the shoulder by the person discharg
ing the same. And no person shall at any
time set, lay or prepare any trap, snare, net
or other contrivance or device whatever with
the intent to catch or kill any. of c the birds
aforesaid, whether the same are' caught or
not. '- And no person or persons shall at any
time in hunting any aquatic fowl : make < use
of any artificial light, battery, .or any decep
tion whatever, whereby such wild fowl will
be attracted or deceived | (except that decoys
may be used - In hunting ducks, wild
geese and brant). And whoever shall offend
against any of the provisions of - this section
shall be deemed guilty of a misdemeanor,'
and on conviction thereof shall be punished
by a fine of not less than ten ■ (10} dollars
nor more than twenty-five : (25) dollars and
costs of prosecution; or, in default of the
payment of such fine, shall be imprisoned la
the county jail not less . than - ten (10) days
nor more than thirty (30) days.
Sec 3. No person shall hunt with hounds
or dogs any elk, moose, deer, buck, doe or
fawn at any time, nor kill or take by any
means, contrivance or device whatever, or
pursue with intent to kill, or take or worry
any elk. moose, deer, buck, doe or fawn,
save during the month of November in any
year; and whoever hunts, or kills or destroys
any such animals between the first (1st) day
of December and the first (1st) day of No
vember following in any year, or hunts the
'■ same with hounds or dogs, at any time,
shall be guilty of a misdemeanor,' and
shall, upon conviction thereof, • be pun
ished by : a fine of not . less than fifty
(50) dollars nor more than seventy-five (75)
dollars and costs of prosecution for each'
animal so destroyed, or in default of the pay
ment of such fine, shall be imprisoned in the
county jail tor a period of not less than
thirty (30) days nor : more than - sixty (60)
days. : . The possession by any one of the car
cass or any part thereof, of any such animal,
between the fifteenth Clftth) day of | Decem
ber and the first (1st) day of November fol
lowing of each year shall be prima facie evl
dence of the fact that such person killed the
same contrary to the provisions of this sec
tion. • ' ■'■■ -■:-..-•■; ,'-'.','" '-'-? :
'■•* Sec. 4. No person shall at any time catch
or kill any of the I animals I aforesaid, in any
other manner than by shooting them with a
gun held to the shoulder by the | person dis
charging the ■ same, and no . person shall at
j any time set, lay or - prepare any trap, snare
• or other contrivance , or . device i whatever,
with the intent to kill or catch any of the an
,imals aforesaid. -And whoever shall ! offend
against any of | the provisions of this section.
whether any such animal .Is taken I or killed
or not. shall • be deemed I guilty of a misde
meanor and shall, upon conviction thereof,
be punished by a fine of not less than fifty
' (50) dollars nor. more than - one hundred
(100) dollars and costs or prosecution, or in
default of the payment ■ of any such . fine be -
Imprisoned iu the i county Jail not less than y
thirty (30) days nor , more • than . sixty (60) ; :
:dayaj-':-T-'-*v-.-\-^ >-•..-'.'.'," . :;,':#> -'~\ .*■ ,~t.
•? - ■ - Sxo. B. :. ".. Aay .: - persoa - at - persons* ; firm ,
or r% company . who " shall purchase, sell,
ship ? or - otherwise : dispose of <•• or - have
In his, her or their possession for his or their
own use, , or for any other purpose, any of
the birds I or animals mentioned In this act
(except alive), during the time that the I kill
ing thereof is prohibited by this act (except
during the | first i three days of such time or .;,
close season and except as to animals as,
otherwise provided in this act), shall f, bo
deemed guilty of a misdemeanor, and shall, ,
on conviction thereof, bo punished by none;
of not | less than ten (810) dollars, norlmore
than one hundred ($100) dollars and costs of
. prosecution for each - bird or • animal put-,.'
chased, sold, shipped or otherwise disposed 1
of contrary to this act and in default of the I
paymont of sueh tine shall be Imprisoned In
the county jail not less than ten (10) days, '
nor . more :, than - sixty (60) days. - The] put*
chase, sale or shipment or possession of any
of such birds or animals contrary to that pro- ;
visions of .this section shall be primajfacie
evidence that such person purchased, posses-
Bed, sold, shipped or disposed of I such (birds
or animals unlawfully and contrary to the
' provisions of this act. . •■ - ; L""'"'''
Sec 6. Any - express company, • railway i
: company, common carrier or any other.com
pany or person carrying on business la this
state, or any servant or agent or employee of
, any such company receiving or having in Its,
his or their possession, or that shag carry, ship
or transport for compensation I or otherwise I
any bird or animal mentioned in this act ■
(except alive) whether for transportation or
otherwise, and killed within this state during
the time that the killing of any such bird or
animal is prohibited by this act (except dur
ing the first three days of such close season
' or \ time, and i except as to animals as other
wise provided in this act), shall be guilty of
a misdemeanor, and. upon conviction there-'
of, shall be - punished by a fine of not less
than twenty ($20) dollars, nor more thaa two
hundred ($200) dollars and costs of prosecu
tion for each bird or animal so received, pos
sessed, held, carried or transported, and may
be prosecuted before any justice of the
peace, police magistrate or district .-mu
nicipal court in any county where such ;
birds or animals are found so unlawfully
possessed; transported or disposed of; pos
session of any. such I bird or animal by any
such company, servant, agent or employee
shall be prima facie evidence that such bird
or animal was . killed, held or possessed con
trary to the provisions of this act. '. .. .' -;?
Sec 7. | No person, persons or corporation
shall at any time . export, or cause to - be ex
ported or carried out of < the limits . of Min
nesota any of the birds or animals mentioned
in this act (except alive) ; and any person or
persons, or corporation who shall export or
cause to be exported, or carry out or cause to
be carried out ot tbe limits of this state any.
of the birds or animals - mentioned tu this
act, shall be deemed guilty of a misdemeanor;
and upon conviction thereof shall be pun
ished by a fine of not less than ten (10) dol
lars, nor more than two hundred (200) dol
lars and costs of prosecution for each bird or
animal so exported or caused to be exported
or carried out of this state. And the pro
visions of this section shall apply to every
corporation, railroad company or express
company carrying on business within state,,
and to any and every employee ot such cor
poration, railroad company or express com
pany. . .. ."/..-.:
Sec 8. No person shall at any time enter
into any growing or standing groin not his
own with sporting implements about his .
person; nor permit his dog or dogs to enter
into any such ; growing or standing .. grain
without permission of the owner or occupant .
thereof : and no person . shall : at any time
bunt or shoot upon . any lands ' of another
after being notified Hot to hunt or shoot
thereon ; and any person who shall without
the right so to do, hunt or shoot upon any
land of another 'after, being . notified not to.
hunt or shoot thereon, be deemed guilty of a
misdemeanor and shall upon conviction
thereof be punished by a fine of not less than
ten (10) dollars, nor more than fifty (50) dol
lars and costs of prosecution I for each and
every offense, to be recovered by action before
anyj ustice of the peace of the countywhere the
offense is committed, or of the county where
the defendant may reside, to be brought by
and in the name of the owner or occupant of
the land ; or In default of the payment of
si-.ch line shall be imprisoned in the cbunty
jail not less than ten (10) days nor more than
thirty (30) days, but nothing in this section
contained shall be so construed as to limit or
in any way affect the remedy of the owner
or occupant of any such grain or enclosed,
land or unenclosed land, or of ; the person in
jured, at common law for trespass. . - ' ■ : - J :
Sec 9. The sheriffs and deputy sheriffs of
the several counties, and constables of the
several townships, the' marshals and police
officers of the several towns and villages in
this state who ' are now or may hereafter be
in office, shall be within their several juris
dictions the game wardens of the state and
it shall De the duty of all of said wardens to
faithfully enforce all of the laws of this state
relative to the preservation of game, the samd
Deing the birds and .animals above men
tioned. And it shall be and is ' hereby made
the duty of all such offleer or j officers to. but j
any other person may take cognizance of all
violations of this not and when of their own
knowledge or upon receiving -. information Jt'_
shall appear that any provisions of , this act'
has been violated it shall be the duty of \ such,
officer to make complaint and prosecute such
offender. AH prosecutions under this act
shall be commenced within ninety (90) days
and the same may be : by complaint before
. any justice of the peace of any county, or be
fore any police Justice or. city justice of any
city or municipal I court I in - any ' county in
which the defendant may be found." And all
fines imposed and collected under the provis
ions of this chapter shall I be paid to the war-]
den (officer) making : complaint or in case
any other person than a warden makes com
plaint, then one-half (Vi) of the fine so im
posed and collected shall be paid to ; such
complainant and the balance into the • treas
ury of the county where the conviction takes
place, for the use of the common schools , of
said county. :
Sec 10. Any Justice of - the peace, police
justice - or city justice or . municipal
or other ■'• court : ■., Is hereby author
ized and required, upon i showing by affidavit
of probable cause to believe, that any person
or persons, or corporation, or their agents,
servants or employes thereof, within his
jurisdiction, has or had concealed any bird,
or . animal, ■ or wild fowl, mentioned in this
chapter, during any of the . prohibited peri
ods, or has obtained or possessed the same in ;
any manner prohibited in this chapter, to
issue his search warrant and cause search to
be made in any house, market boat car or
other building or premises or any vehicle;
and the - sheriff, constable or other . officer
shall execute said warrant as in other cases
provided., In case the sheriff, constable ; or
other officer executiug such search warrant
' shall find such game, bird, or animals, or
wild fowls, he shall arrest the person or per- ;
sons complained against and so having the
same in his or their possession, or under ■ his
or their control, and shall also seize and take
possession of all such; game, birds, or ani
mals, or wild fowls, and make Immediate re- 1
turns of his proceedings to tbe , justice « by
bringing before him the , person ' or . persons
arrested and the property seized as hereinbe
fore :. directed. ; And it shall -, be the duty of
. such officer or officers, and also of all county, -
town, village, or " city attorneys, to prosecute
such person or persons, corporations or em
ployes to judgment. In case of the sslzure
of any birds or animals, - the court upon
being . satisfied from . the returns of the offi
cers seizing the same, or having it in his pos
session; or from other satisfactory evidence
that the same would spoil or become impure
or unwholesome if kept during the pending
of the prosecution or until ' final judgment
, may order the officers to sell the I same,- and
•may prescribe the time and - manner of con
ducting such sale. The- proceedings of such'
sale shall be paid by the officer to the justice
before ; whom the case is pending, and if it
shall appear upon the trial of any such ac
tion that the. possession of any such birds or
animals were lawful, the money arising from
such sale shall be paid forthwith to the - ; de
fendant, and he shall have judgment against
the county wherein, such action was com
menced for bis costs and disbursements. - z
i Sec 11. If any sheriff, constable, marshal,
police - officer, I justice, . county attorney or
other officer - willfully neglects or refuses to.,
perform any duty - required , of him '. by , the.
provisions relating to the . preservation of
fame, he shall be deemed guilty of a ,mal- .
feasance In office, and shall thereafter be. dis
qualified from " holding the same for and
during the remainder of the term for which
he was elected or appointed. ;^,;^
Sec 12. That chapter one hundred - and
forty-two (142) of the General Laws of Min
nesota, (1887). eighteen hundred and eighty
seven, and chapter twenty (20) of the- Gen
eral Statutes of the State of Minnesota, so
far as said chapter applies to the preservation'
of . game, birds ; or - animals, and all acts
- amendatory thereof, be and the same ere
hereby repealed. : ■■.■■-;•- - '-p,<?- : {
- Sec ia This act shall take effeot and be.
in force from and after its passage. to*-- '• e
. Approved April 23, 1889. ;. - .. 3! h; ; .;
.. . .'::■' -: ... ';.. so. ■■ M*Ml <
H. F. No. 81&.-AN ACT to provide for the
j preservation and protection of the white
fish fry and young brook trout deposited in
Lake Superior and streams thereof by the
Minnesota Fish commission and the United '
■ ; States Fish commission, and to promote
| the growth of the fishing industry on Lake
Superior by a proper regulation and adjust
- ment of the sizes of meshes in all seine,
. ; gill and pound nets, and to provide for the |
- services of a fish warden for this portion of '
the State of Minnesota. f.
Be it enacted by the Legislature of the State
of Minnesota: 1 ,'■ : . : • .:.;.. :-...,. ;
Section 1. - That i no seine i nets shall i be
used for the purposes of fishing in the Minne
sota waters or Lake Superior having meshes
of less than three and a half (3tfc) inch mesh:
nor shall any gill nets be used for - fishing of
less - than | four | and one-quarter (4Vi) Inch j
mesh ; nor shall pound nets be set or used for
fishing of less than three ; and | one-half (3 Vi) -
inch mesh for the purpose of fishing- for
white fish and lake trout Any person found
setting or using said Kill, seine or pound nets
for f the purposes < of - fishing, of less sire of
mesh than described in this section, shall be
deemed guilty of a I misdemeanor, and, upon
conviction thereof, shall be punished - by a
fine of not less than twenty-five (25) dollars,'
nor more than one hundred (100) dollars, or.:
by I flue , and imprisonment, as prescribed- by
the law* of this state governing i misdemean
ors ; such ; fines, if levied, shall be applied to
tbe funds of the Minnesota Fish commission.'
" ' Sxo. 2, That no herring nets shall be I used
for l fishing ■ of meshes smaller than one and
one-half (1ft) inch I mesh (for bait fishing),
nor - larger than i two | and three J (2tt) inch
mesh: and that a close season shall be main
tained ■--, for ' -- herring 5 from ;»- : Nov. : 10
to Deo. - 1© of - each ..• year. Any per
son v. found • - fishing •" for herring •- during
this specified time shall be deemed guilty of .
a misdemeanor, and. upon conviction thereof,"
shall be punished by a fine of not less then
twenty-five (25) dollars, nor more than one
hundred (100) dollars, or by Imprisonment
and fine, as prescribed by the laws of the State
of Minnesota governing misdemeanors; such
fine, if levied, shall be placed to the credit of 1
the funds of the Minnesota Fish commission.
,- '- See. 3. That any . person or :■ persons who
shall draw, set or locate any - trap, seine, gill
or pound nets, \ or ■ any ' device for catching
fish as in this act forbidden, across th»gw>utn
ot any stream along the north shores ■>? Lake
Superior, or within three hundred net of the
meander line of the mouth ' of 1 each I stream,
shall be deemed 1 guilty of a misdemeanor:
aud any nets, seines, pounds, or I any device
or trap for catching fish set or placed In | vio
lation of the provisions of this section shall
be confiscated whomever or wherever found,
and the same sb*l be sold to the highest bid
der at public oiifcry in the ■ port of Dulnth. >.
and the proceeds of such tale shall be placed
to the credit of the funds : of •- the Minnesota
Fish ; commission.' c The - person or persons
who shaft set draw or locate any such nets,
traps or device at the mouth of such streams, '
and who shall be convicted thereof shall do
fined ten (10) dollars, or by such fine or Im
! prisonment as prescribed by the laws of Min
nesota for misdemeanors. r "; ■ ~"-;:"0 •; *
' - Sxo. 4. - That all fishermen shall carry with
. them a stripping bucket for the I stripping of
: white fish and lake trout during spawning .
season, and fishermen- shall r after stripping
the fish deposit the spawn on the grounds
where the fish are - caught: ? fishermen not
complying with this law shall be fined ten
: (10) dollars; said fine when levied shall be
placed to the credit of the Minnesota Fish
commission. .. ..• ; :; -
: Sec 5. That a fish warden i shall be ap
: pointed by the governor, who shall be a cit
• izen of this state, and a man j of good moral
character, and familiar with v the - fishing in
dustry, and who shall hold his office for 1 the
term of two (2) years, or until his . successor
is appointed, and shall receive a salary of
two hundred (200) dollars per annum; and
; who shall be charged,' undet tbe direction of
the governor with the enforcement i of the
fishing laws of the state, to examine the nets
of the fishermen at any time, to visit the fish
ing grounds, to watch for , infringements of
the law, and to report the same to the county
■ attorney for action; ; to . collect evidence of
any infringements of the law ; he : shall also
report once in each year . the ; result of his
; work to the president of tho Minnesota Firh
commission. The sum of two hundred (200)
dollars annually is hereby appropriated to be
paid for such purposes, out of any moneys in
the treasury not otherwise appropriated. ; ;-'■-.
Sec 6. That this act shall take effect I and
be in force from and after its passage. *,
Approved April 24, 1889.
81.
S. P. 232, > AN ACT to ; amend -section one
hundred and four (104) of chapter six (6)
of the general statutes one thousand eight
hundred i and ■ seventy-eight , (1S78) relat
ing to commissioners of fisheries. - - > i
Be it enacted by the ' Legislature of the State
. of Minnesota: - - - J
Section 1. Section one hundred and four
. (104) of chapter six (C) of the general stat
utes of one thousand eight hundred and sev
enty-eight 878) is hereby amended by in
serting between the - words "state" and "it"
where thev occur in the eleventh (11) line of
said section the following words. - to-wit:
"And to institute and prosecute actions and
proceedings on behalf of : the state ; against
any person or persons to • recover any claim
or claims due said -commissioners and arising
on contract " or otherwise, or to protect the
property of the state employed in 1 or in any
manner connected with the work of said
commissioners, and all actions or proceed
ings instituted by them shall be ; entitled:
"The Commissioners of Fisheries against
(naming the defendant).".' --•' ■'-
Sec 2. This act shall take effect and be
in force from and after the date of its pas
sage. v.;..-- -..-■:■-■..-'. ;;•.;-,
"Approved April 15 th, 1889.
. - ' 83. , . '
8. P. Ho. 243. AN ACT to amend the chap
ter one hundred aud • forty . [140], - an act
to prevent deception in the sale of dairy pro
-. ducts and to preserve the public health,
being supplementary to and in aid of chan
ter one hundred and forty-nine (149), of
the Laws . of one thousand eight hundred
-and eighty-five <1895), entitled "An act to
prohibit and prevent the sale or manufact
ure of unhealthy or adulterated dairy pro
ducts." .". .'. .' •'---.- '-.--.-J
Be it enacted by the legislature of the State of
Minnesota; .'.'j.-"--- ; .". ■:::- «;;.';.-.;,
Section 1. That chapter one hundred and
forty (140) of the General Laws of Minnesota
for the year one thousand eight hundred and
eighty-seven [1887] be, and the same is here
by amended so as to read as follows : ...
.. Section 1. No person or persons shall sell '<
or exchange or ■ expose for sale or exchange
any unclean, unhealthy, adulterated or un
wholesome milk, or shall I offer for sale any
article of food made from the same, or of
cream from the same.'- This provision shall
not apply j to pure I skim milk cheese made
from milk which is pure, healthy, wholesome
and unadulterated, • except by ; skimming.
Whoever violates | the provisions of this sec
tion shall be deemed guilty of a misdemean
or, and shall be punished by a fine of not less
than ten dollars [$101 nor more . than one
hundred dollars [$100] or by imprisonment
of not less than one [11 month or more than
three [3] months; or both such fine and Im
prisonment for the i first offense, and by three
; [3] months' , Imprisonment for each subse
quent offense. '.-• --c- ■-■.-■
. Section two [2] of said act is hereby amend
ed so as to read as follows :
Sec 3. . No person shall keep Cows for the
production of milk for market, or for sale or
exchange, or for manufacturing the same, or
cream from the same, into * articles of I food,
in a crowded or unhealthy condition, or feed
the cows on food that is unhealthy, or that
produces impnre. unhealthy, diseased or un
wholesome milk. No person shall manufact
ure from impure, unhealthy, diseased or un
wholesome milk or of cream from I the same,
any article of - food. Whoever violates the
the provisions of this section is guilty of a
misdemeanor, and shall be I punished ' by a
fine of not less - than 1 ten dollars - [$10] nor
more than one hundred dollars [$100], or by
imprisonment of not less than one [1 month
or more than three p [3] months - or 1 by both,
such fine : or ' imprisonment .for the first
offense, and by three [3] months' imprison
ment for each subsequent 'offensev>^»^t- -*'-£
& Section - three - [3] si of this act is hereby
amended to read as follows: :-'" ?'?:■---■ - '--t • -'-,
■■■?■ Sec 3. | No - person I or persons shall sell,
supply or bring to be manufactured, to ; any
butter •■ or ' cheese • manufactory,": any :v milk
diluted with water, or any j unclean, impure,
unhealthy adulterated or unwholesome milk,
or milk from ;' which any cream has been
taken [except pure skim milk to skim cheese
factories] . or shall keep back any part of the ;
milk commonly ' known l as - "strappings," or
shall bring or supply milk to any butter or
cheese manufactory that is sour [except pure
skim milk to skim cheese factories]. . No but
ter or cbeese manufactories; except -those
who buy all the milk they use, shall use for
their own benefit or allow any of their em
ployes or any other person I to \ use, or I the
product thereof brought to said manufactur
ers without the consent of the owners thereof,
Every butter or cheese manufacturer, except
those who buy all the milk they use, shall
keep a correct account of all the milk daily
received, and of the number of : pounds and
packages of butter, the number and aggre
gate weight of cheese made i each I day, the
number of packages of cheese and butter
disposed of, which shall be I open to inspec
tion to any person who delivers milk to such
manufacturer. • Whoever > violates the pro
visions of this section shall be deemed guilty
of a misdemeanor, and shall be punished for
each offense by a fine of not less than ten
dollars [$101 or more than one ■ hundred
dollars . [$100], or * not less than; one [1]
month or ' more than three [3] months' im
prisonment or by both such fine and im
prisonment. '■■ ■■>■-■ -■■-■■. - f- > -"; -
■ Section four (4) of said act is amended as
as to read as follows: ■■--.--••"
■-. - Seo. 4. No person shall manufacture out
of any oleaginous substance or substances, or
any compound 5 of the same, or any other
compound, other than that produced from
unadulterated milk or of cream from the
same, any article designed to - take the place
of butter or cheese, produced from pure, un
adulterated milk or cream from the same, or
shall sell or offer for sale the same as an
article of food. This shall not apply to pure
skim milk cheese made from pure skim milk.
Whoever violates the provisions of this seo
tion shall be deemed guilty of a misdemeanor
and be I punished 'by a fine of not less than
one hundred dollars ($100) or more than five
hundred dollars ■ ($500) or not less than six
(6) months' or more than one (l) year's im
prisonment or - by both : such fine and tan*
prisonment for the first offense, and by im
prisonment for one [1] year for each subse
quent offense. > .--"'• •-'-* - = • '-■*."-' "-*"-■■--%-•.
Section five [91 of said act Is hereby
amended so as to read as follows t- -'•»;:>.—
-- Sec 5. No - person, by himself or his
agents or servants, shall render : or manu
facture out of any animal •■ fat or animal or
vegetable oils not produced from unadulter
ated milk or cream I from the same, any arti
cle or product in imitation or semblance
of or designed to take the place of natural
butter l or cheese I produced from pure, un
adulterated milk or cream of ■ the : same, net
shall 1 he ot they mix, compound with or add
to mils, cream or butter any acids or other
deleterious substance - or any animal fats or
animal or vegetable oils not 1 produced I from
milk or l cream I with ■ designs or interest to
render, make , or ! produce any article or sub
stance for human food in imitation; or I sem
blance of natural butter or cheese, nor shall
he sell, keen for sale or : offer * for sale any
article, substance or compound made, manu
factured or produced in violation of the pro
visions of this section, whether suoh article,
substance or compound shall be made or pro
duced in this state or any other stilt or coun
try. Whoever violates the provisions of tale
section shall be deemed- guilty of . a misde
• meanor, and | be ■'■ punished by a fine of not
I less than - one hundred • dollars [$100] nor j
1 more than five hundred •- dollars t [$500], nor
- less than i six [6] months or more than one •
; [1] year's Imprisonment for the first offense,
and by imprisonment for one [1] year '■■ tot
each subsequent offense.
Nothing in this section shall Impair tbe
provisions of section four [4] of this act; - v *i
: r. Section s six : [6] - of -.- said act .: Is I hereby
amended so as to read as follows:
;'!■ Seo. 6; No person shall manufacture, mix
or compound with or add ■ to , natural ■: milk,
cream or butter any a£*dal fats or animal of
vegetable oils, nor wall he make or manu
facture any oleaginous | substance not I pro-'
duced from milk or cream with intent to sell
the same for butter or cheese made from un
adulterated milk or cream, or have the same
in his possession, or offer the same for sale
.with such intent, nor shall any article or sub
stance or compound so made or produced be
sold for butter or cheese, the product I of i the
dairy. - If any person shall coat powder or
■ color with annatto I or I any coloring ; matter
whatever, butterine or oleomargarine or any
■ compounds of the same, or any - products or
! manufacture made in whole or in i part from
> animal fate, or animal or vegetable oils not
produced from unadulterated milk or cream
wnereby the said product manufacture I or
compound shall be made to resemble butter
' or cheese, the product of the dairy, or shall
have the same In his possession; or sell or of
fer for sale; or have in his possession any of
said products which shall be coated or col
ored in semblance of or to resemble butter or
i cheese, it shall be prima facie evidence of an
Intent to sell the same for butter ' or cheese,
the product of the dairy. Whoever violates
| any of the provisions of this section shall be
: deemed guilty, of misdemeanor and be -pun
ished by a fine of not less than one I hundred
dollars [$100] nor more than one I thousand
dollars [$1,000]. This section shall not be
' construed to impair or affect the prohibition
of section four [4] and five 15] of this act
Section seven [7] of said act is hereby ;
amended so as to read as follows: •-■
Sec 7. No person shall offer, sell or ex
pose for sale, -butter i or cheese branded or
: labeled with a false brand or label as to the
quality of tbe ; article, or to the : county or
state in which the article is made. -
The Minnesota state dairy . commissioner la
hereby authorized and directed to procure
and issue to the cheese manufacturers of | the
state upon proper application t, therefor, and
under such regulations as to the cnstody and
use thereof as he may prescribe, a uniform
stencil brand bearing a i suitable i device or
motto and the words "Minnesota State . Full
Cream Cheese." - Every brand issued shall be ,
used upon the outside of the cheese, and also
upon the package containing the same, and
shall be a different number for each separate
manufactory, t and i the ■: commissioner shall
keep a book in which shall be registered the
name, location and number of each manu
factory using the said brand; and the ' name
or names of the persons at each manufactory
authorized to use the same. . '-■■J358S8* B lS8BSHI
I It shall be unlawful to use or permit such
stencil brand to be used upon any other than
full cream cheese, or ■ packages ■ containing
the same. Minnesota state full cream cheese,
of which there be less than forty [40] ner cen
tum of fats to total solids shall be - deemed,
for the purpose of this act to be adulterated.
Whoever violates the provisions of this sec
tion shall be deemed guilty of a misde
meanor and for each - and every cheese or
package so falsely branded shall be pun
ished by a fine of not less . than twenty-five
dollars [$25] or more than fifty dollars [$50]
or imprisonment of not less than fifteen [15]
days or more than thirty [30] days.
Section eight * [8] • of .- said : act ' it hereby
-amended so as to read as follows: .
Sec, 8. The governor shall appoint a com
missioner, who shall be known as the state
dairy commissioner, who shall be a citizen of
this state, and who shall hold his office for a
term of two [2] years, or until his successor
Is appointed, and shall receive a salary of
eighteen hundred l$l. 800] dollars per annum
and his necessary expenses incurred in tbe
discharge of his dunes under this. act and
shall be charged under the direction of the
governor, with the enforcement of ■ the var
ious provisions thereof. * Said commissioner
may be removed from office at the pleasure
of the governor, and his successor appointed
as above provided * for. The said - commis
sioner is hereby authorized and empowered
to appoint a secretary whose salary, shall be
twelve hundred I [$1,200] dollars per year,
and such assistant commissioners,- and to
employ such experts, chemists, agents and
such counsel as may be deemed by him nec
essary for the proper ? enforcement of this
law, their compensation to be fixed by the
commissioner. - The sum of fifteen thousand
dollars [$15,000] annually is hereby appro
priated, te be paid for . such purposes | out of
any moneys in the treasury not otherwise ap
propriated. ■■- All ' charges, > accounts and ex
penses authorized by this act shall be paid by
the treasurer of I the I state upon the warrant
of the state auditor. '■■ The entire expenses of
said commissioner shall - not exceed the sum
appropriated for the purpose of this act. The
said commissioner shall make biennial re
ports to the legislature, not later than the
fifteenth [15th] day of January, of his work
and proceedings, aud ;■ shall report in detail
the number of .- assistant . commissioners, ex
perts, chemists, agents ; and counsel be has
employed, with their expenses and disburse
ments. The said commissioner shall have a
room in the capitol, to be set apart for his use
by the governor. This section shall not affect
the tenure of office of the present commis
sioner, nor to be construed to impair or affect
any of the provisions in section seven [7] of
chapter one hundred and forty-nine [149] of
the law of one thousand eight hundred and
eighty-five [1385], except in the sum . of
money appropriated. ■..-
: Sec 9. The said commissioner and assist
ant commissioners, and such experts, chem
ists, agents and counsel - as they shall duly
authorize for the purpose, shall have access, .
ingress and egress to all places of business,
factories, farms, : buildings, carriages, cars,
vessels and cans used in the manufacture
and sale of any dairy products or any imita
tions thereof. . - They also shall have power
and authority to open any package, car or
vessel containing such articles which may be
manufactured, sold or exposed for sale in
violation of the provisions of j this . act and
may inspect the contents therein," and may
take samples therefrom for analysis. . '
All - clerks, ! bookkeepers, - express \ agents,
railroad officials, employes or common car
riers shall render to them ' all the assistance
in their power, when so requested, in tracing,
finding or discovering the presence of any
prohibited article named in this act ', '."■"""; ;
Any refusal or neglect on the part of such
clerks, bookkeepers, express agents, railroad
officials, employes or . common carriers to
render such friendly aid shall be deemed a
misdemeanor, and be punished by a fine of
not less than - fifty - dollars [$50] nor more
than one .hundred dollars [$100] for each
and every offense.- ~
■•■ Sec 10. The commissioner shall provide
blanks, which | shall be furnished to all pro
prietors or managers | of creameries, cheese
factories or milk dairies that ship milk to the
cities and all venders or peddlers of milk In
the cities within the state, for the purpose of
making a report I of the i amount of milk and
dairy ; - goods handled, , and '. all owners '■ or
managers of such creameries and cheese fac
tories shall, on the first (1st) day of November
of each year, send to the dairy commissioner a
full and accurate report i of the amount - of
business done during the vear, and all milk
dairies, milk venders or milk peddlers shall j
send to the state dairy commissioner quar
terly reports of all the business done by each
and every such person, firm or company in
handling dairy products during the last
i three (3) months past as designated under
the different headings of such printed blanks.
: Any neglect < or failure, or false statement
on the part of any proprietor or manager of
such creamery, cheese factory, dairy or any
milk vender or milk peddler^ shall be con
sidered guilty of a misdemeanor, and be pun
ished by a fine of not less than ten dollars
E$10] nor more than one hundred dollars
$100]. :-->•-•-• - >-- ; : '-'.,
Section eleven [111 of said act is hereby
amended so as to read as follows:; -:■'■
ts Sxo. 11. No person shall sell or offer for
sale i any « cream i taken from impure or die
rased milk, or cream that contains less than
twenty ■-. [20] : per centum of fat Whoever
violates the provisions of this - section | shall
be deemed guilty of -a misdemeanor, and
. shall be punished by a fine of not less than
ten dollars [$101 nor more than one hundred
dollars [$100]. - -.-•■■ - .■•-'.
. Section twelve [191 of said aet Is hereby
amended so as to read as follows : :';".-
B Sec 12. In all prosecutions under this aet
relating to the sale and manufacture of un
clean, impure, unhealthy, adulterated or un
wholesome milk, if the milk be shown to con
: tain more than eighty-seven 1 87] per centum
of water fluids or less than thirteen [131 per
; centum milk solids, of which less than three
and one-half [3to] per centum shall - be fat
shall be ~i declared adulterated, and milk
drawn from cows within . fifteen [151 \ days
before and four [4] days after parturition, or
from animals fed on atstillery waste or brew
ers' malt or any unhealthy food whatever,
. shall be deemed, for the purpose of this act,
to be unclean, i impure, unhealthy and un
wholesome milk.' The penalties for any vlo
latlon of this section are the same as those of
section two [2] of this act This section shall
not , prevent the feeding of ; ensilage from
silos. "--THHM* I IIT |rTiiiirTniBtlTiry**TranfrTr* 1 ll
No person shall sell or expose for sale la
any store or place of business, - or on any
wagon or other vehicle used I in transporting
or selling milk, any milk from which cream
has been removed, or milk Commonly called
"skimmed milk" without first marking the
can or package containing said milk with the
words "skimmed milk" in large, plain, "black
letters, each letter being at least I one inch
high and one-half Inch wide. Said words to
be on the top or side of said can or package
where they can be easily seen. • .> ....■;•'
Whoever violates the provisions of this seo
tion "shall be deemed guilty of a misdemeanor
and shall be punished - by a fine of not less
than twenty-five (25) nor | more than one
hundred [100] dollars for each and every of
fense. ■•-, ■'■.,.•--.••..: , '- ~-if.;j. •'■'•'"•' !»_■
':-■- Sec 13. Every person who conveys mug
In carriages, carts or otherwise I for I the pur
pose of selling the same in any city or town
of two thousand inhabitants . or more in the
State of | Minnesota I shall I annually, on I the
first day of May, or within I thirty days there
after, be licensed by the state dairy commis
sioner to sell milk within the i limits of said
j city or town, and shall I pay to the said state
I dairy commissioner the sum « of one dollar
I 11 each to the use of said dairy commission
Licenses shall be issued only in the names
: or the owners of I carriages, carte, i or other
vehicles, and shall, for i the : purpose | of t this I
act, be conclusive i evideuce ■ of > ownership. I
.No license shall ; be sold, assigned or trans
ferred. Each license shall record the name,
. residence, place of business, number of car
j rlaees, carts, or other vehicles used, the name
and residence of every driver, or other person
: engaged in selling said milk, and the number
of the license. Each licensee shall, before
engaging In the sale of milk, cause his name,'
* the number of his license I and " his place of
business to be legibly placed on each - outer
[ side of all carriages, carts, or; other vehicles
l used by him in the conveyance \ and ! sale \ of
milk, and be shall report to the • state dairy .
: commissioner | any change of driver or other
person employed by him which may ; occur ,
during the -term of bis license. Whoever,
without being first licensed under the I pro
visions of this section, sell? milk, or exposes
it for sale from carriages, carta or other ve
hicles, or has it in bis custody or possession
with Intent to sell, and whoever violates i any
of the provisions . of ■ this ' section, shall, for
the first offense, bo punished by a fine of not
less than ten dollars [$10], nor more ) than
fifty dollars [$501. For a second offense by
fine of not less than fifty dollars [$501; nor
more than one hundred dollars [$100], and
for a subsequent offense by fine of fifty dol
lars and by imprisonment in the county jail
. for not less than thirty [30], nor more than
sixty [00] days.;/ :' .". ?; ; ' - - V; '
'■'■ Seo. 14. - Every person, before selling milk
or offering it for sale In . a store, booth, stand
■ or market place, in the respective towns or
cities, as designated In this act, shall procure
a license from the state dairy commissioner,
or his authorized agents, and shall pay to said
commissioner or his agents ; tbe sum of one
dollar [$11. And whoever neglects to pro
cure said license shall be deemed guilty of a
misdemeanor and shall be punished for each
offense by a fine not exceeding twenty-five
dollars ($25). < " ■ •
- Sec. 15. . That all moneys received as
license fees, or from the sale of any I and all
goods confiscated by the state I dairy commis
sioner, under said act shall be received and
disbursed the same as money appropriated
for the use of said dairy commission. <*.
.-'■ Sxo.' 16. The having in possession by any
person or firm of any articles I or substances
prohibited by this act shall be I considered
prima facie evidence that the same is kept by
such person or firm in violation : of the pro-.
visions of this act and the commissioner
shall be authorized to seize upon and take
possession of such articles or substances, and
upon the order of any court I which has juris
diction under this act he shall sell* the same
for any purpose other • than to I be used for
food, the proceeds to be placed to the credit
of the stale dairy commissioners' fund.
..: Section seventeen [17] of said act is hereby
. amended so as to read as follows:
Sec 17. > The district and municipal courts
and all justices of the peace of. this state
shall have jurisdiction of all cases arising
under this act and their jurisdiction is here
by extended so as to enable them to enforce
the ? penalties Imposed by any or all of the
sections hereof. --v ;->,.^- ., . - ;
■ Section eighteen [18] of said act Is hereby
amended so as to read as follows
■ 8ec 18. '■ In all prosecutions under this act
the cost thereof shall be paid in the manner
now provided by law, and the rest placed to
: the credit of the - state ' dairy commissioner's
fund. •:•'-•> -' ■■'-;. /' ■'.-"-.. '--.-.•-'. \z. , t -?V'i"
- - Sec 19. All acts and parts of acts now In
force and inconsistent with this act are here
by repealed, '...'-.i-— : ■.:-.-•':-• J :-*.*••■.
Sec 20. This act shall take effect and be
In force from and after its passage.
Approved April 20, 1889. :
_ ' State Officers. . * ; . _
8tt.
H. P. No. 8.— AN' ACT to amend section
- - fifteen (15) of chapter three . (3) of Gen
eral Statutes 1878. relating ' to compensa
tion of members of the legislature.
■ Be it enacted by the Legislature of the State
'.'■ of Minnesota: . .-- * ■ "-- ~*
Section 1. That section fifteen ' (15) ' of
chapter three (3) of General Statutes 1878,
be, and the same is hereby, amended so as to
read as follows: - - - ■>'; T «
- 'Section 15. The compensation of mem
bers of the legislature, at every regular ana
extra session, shall be computed by - includ
ing the first and last days of the session and
every intervening day." .
Sec 2. This act shall take effect and be in
force from and after its passage. \ ;•
Approved Jan. 25, 1889. - _,— - • ~
: . ■■'.': ■'"-".'. :.:-84V-.\.."Y " -
H. P. No. 194.'— ACT en titled, act to
- validate and confirm assignments of Judg
' ments heretofore made by the Auditor of
' State. .. ------ '.'<"•' — ' :
Be it enacted by the Legislature of the State
of Minnesota: ■ '*8f&edB&5GP&G&K& g &&$
■•' Suction 1. Where any Judgment or
Judgments procured ■ by or belonging
to • the ' State : of - Minnesota, . have . here
tofore been - assigned to any -. person or
persons by " the ' " Auditor ;-. of State
such assignments shall be taken, held and
considered to be valid, legal and binding to
all intents and purposes; and the same as if
. the Auditor of State had, by express legisla
' tive enactment been . authorized to ■• make
such assignment prior to the execution
thereof.
Sec 2. Nothing In this act shall apply to
or affect any action now pending or the
rights of any bona fide purchaser.
Sec 3. This act shall take effect and be la
force from and after its passage. :
•;: Approved March 13, 1889. -
'' - 85. ;."
H. P. No. 195.— AN ACT. to authorise the
- auditor . of state to execute satisfactions
. . and . assignments of judgments in behalf
of the state of Minnesota.
Be it enacted by the Legislature of ■ the State
. of Minnesota: • ■- . - •
- Section 1. The auditor of state may make
and execute satisfactions of judgments and
assignments thereof in behalf of the state of
Minnesota. " -:vIHS**hi»« " IW -iMt "' fe|illAW>* IfcfM l!L
Sec 2. This act shall take effect and be la
force from and after its passage.
Approved March 22, 1839. ;
», ', 86. .- .
H. P. Wo. 230.— ACT to amend chapter
, one hundred (100) of the General Laws of
1879. fixing the compensation of a fire*
i man at tho capitoL
Be it enacted by the Legislature of the state.
Minnesota:
SrcTioN 1. Subdivision four (4) of section
one (1) « of chapter one hundred. General
Laws of 1879, be and the same is hereby
amended by striking out the word sixty (60)
. where it occurs in line seven (7) and insert
ing the words seventy-five (7).
"- Sec 2. • This act shall take ' effect and be
in force from and after its passage.
Approved April 24, 18139. ;
.,-:■' ■■' 87. . • "' -..-;■
H. P. NO. 281.— AN ACT to authorize the
jg[ Secretary of State to distribute certain pub
lic documents among the school and other
; -; public libraries In thp State. ; " > ■" .--■ :- - : -
Be it enacted by the Legislature of the State
of Minnesota: :.".-.',.-'.,..-.- ' ;
■£ Section 1. The Secretary ot State Is hereby
. authorized and .required to ! distribute free,
public documents of the State now stored in
j the casement of the 1 CapitoL Including ex
ecutive documents and other official reports,'
among the school libraries within the State.
- Sec. 2. The sum of five hundred: dollars,:
or so much thereof as , may , be . necessary, is
hereby appropriated out of auy money in the
treasury not otherwise appropriated to carry
out the provisions of this act.
Sec. 3. . This act shall take effect and be in
force from and after its passage.
Approved April 24, 1839.
88. ..„''
H. P. 1003.— ACT to provide for the dis
tribution of copies of the Geological Sur
vey of the State of Minnesota, -
Be it enacted by the Legislature of the State
of Minnesota; - '
Section 1. - The - secretary of l the State
Historical society is hereby : vested with the
custody and control ' of ■ the published vol
umes of the Minnesota Geological Survey;
and he Is hereby authorized to receipt for the
- same to the officers ; now having - possession
thereof; and ■■- it is made the - duty of • said
secretary to distribute the volumes of said
surrey as follows: •--■- — :-.-
,. First He shall deliver ! one copy of- the
second volume of such Survey to each mem
ber of the Legislature of 1885, 1887, who re
ceived ' the ' first volume • of r- such > Survey.
Second.' He shall deliver I one I copy of the
first volume of said Survey to each member
of the legislature of 1839. i Third. He shall
deliver one cony of each volume of said Sur
vey to the president of the state university
for the use of suciyiniversity, and one copy
of each ' • volume xo -the principal of - each
Normal school In the state, and distribute the
. balance of said volumes among s the I high
schools in the state in the order in which
they shall be called for.
Sxo. 2. This act shall take effect and be
In : force from and after the date af its
passage.- . : Mi|jB*M«pn"i '"WaiSIC&Bgiwwsjas
Approved, April 24, 1839.
SaV-.'-V-'^Vi':
8. P. No. 28.— AN ACT to amend section one
[11 of chapter two hundred and ' eighteen
[218] of the General Laws of one thousand
eight hundred and eighty-five [1883], . re
lating to the state library. .
Be it enacted by the Legislature of . the State
of Minnesota: .
" Section 1. That section one : [11 of chap
ter two hundred and : eighteen 1219] of the
General Laws of one thousand eight hun
dred t «nd eighty-five - [1885] ; be < and - the
same is hereby amended by adding thereto
the following, to wit: >:•
-."And also to furnish I to the attorney gen
eral one [1] - set and to . the state library as
many sets ot said reports as may be required
therefor. -.The number to bo determined by
the judges of the supreme court all such re
peals to remain the property of the state." -
- Sec 2. This act shall take effect and be In
force from and after its passage. ""'-'
; Approved Feb. 26,1889.
. 00.
8. P. No. 78.— AN ACT to amend chapter two
§ hundred and fifty-four [254] of the Gen
eral Laws of 1885. relating j to the salary of
the state treasurer's clerk. -.-;.* t?--.r. < .- ->- '
Be it enacted by the Legislature of the State
. -■ of Minnesota. =•- :-• a-; "- ■ : ,- -iv .; ■ -~- --"'<• •-'■'-» . ••;
;; Bxcnov 1* , That section one [1] of chap
aaassBMBBBns>iaaaaaaBaamBaaMiHM>-3?^sis^w.i' >
W&
: tor two hundred and fifty-four | [2541 1 of thi -
General Laws of one thousand eight hundred
I and eighty-five I [1 885] be " and the same 11 ■
' hereby i amended | by striking out I the I word :
. "nine" where it occurs in said section, and *
I Inserting the word "twelve" in lieu thereof
- Seo. 2. This ; act ! shall : take effect and hi
in force from and after Its passage.
', Approved April 15, 1889. .
. 01.
8. P. Ho. 87— AH ACT to emend chaptei
115, General Laws of . 1881, entitled "An
act to provide for the publication of a Leg
islative Manual."
Bo It enacted by the Legislature of the State
of Minnesota: ■ '-<-.-
Section 1. That chapter 115. General Laws
one thousand eight hundred and eighty
one, entitled "An act to provide for the pub
lication of a Legislative Manual," be and the
same is hereby amended so as to read as fol
lows: ' .
. Section 1. It shall be the dnty of the sec
retary of state - to cause ; to be prepared ana
printed by the slate printer biennially here
after, for the use of the senate and house of
representatives, a book. to be denominated
"Legislative Manual." which shall contain
the constitution of the United states and of
this state, Jefferson's Manual' rules and or
ders of the senate and house, joint rules of
the senate and house, list of senators and of
members of the bouse and employes of each
house, diagrams of the senate and house of
representatives . chambers, statistical and;
other information of the same description
with that heretofore published In the "Legis
lative Manual," with such other matter as
may be deemed useful.
Sec 2. The secretary of state shall pro
cure stereotyped plates for the purpose of
publishing the said "Legislative Manual."
which plates shall be kept and preserved by
the secretary . of state, and be used by the
state printer at the discretion of the secretary
of state in publishing - such manual. The
state printer shall receive no pay for compo
sition of any matter embraced in such plates,
and shall be answerable to the state I for any
loss or damage, not occurring | by reasonable
use, which shall happen to them while in his
possession for such purpose.
Sec 3. The secrtary of state shall cause
to be printed biennially three thousand
(3.000) copies of such manual, to .be dis
tributed as follows: Ten f 10] copies to each
member of the senate and house of represen
tatives, two [2] copies to each officer of the
two houses, six [0] copies to each state offi
cer and two [2] copies to their clerks, two
[2] copies to each state institution, ten [10}
copies to the state library and historical so
ciety each, two [2] copies to the judges of
supreme and district ' courts. . The balance
shall be kept by the secretary of state, who
shall at the commencement of each session
distribute to the members of the legislature
one copy to each member the balance to bo
kept for exchange.
One copy of such manual for each state
officer and their clerks, and each member of
the senate and house and the officers thereof,
shall be bound in morocco ' and be - lettered
with the name of the person entitled - to re*
ceive it -—
Sec 4. There Is hereby biennially appro,
priated out of any money in the - state treas
ury not otherwise appropriated, belonging to
the general fund, an s amount sufficient . for
the expenses authorized by this act not ex
' ceeding the - sum ■ of ' one thousand dollars
($1,000).
. Sec 5. This act shall apply to the Manual
of 1889, now under process of printing.
Sec 6. All acts and parts of acts incon
sistent with this act are hereby repealed.
Sec 7. - This act shall take effect and be la
force from and after its passage.
Approved February 18, 1888.
-.■"• -^— «;•;• o
8. P. Ho.188— ACT designating a place of
' deposit for all abstracts and conveyances of
title to the state of Minnesota of lands now
owned or hereafter -acquired by the state.
Be it enacted by the Legislature of the State
Minnesota:
' Section 1. - That all abstracts and convey
ances of title to the state of Minnesota of anr
lands now owned or hereafter acquired by
the state, whether the said lands be held for
penal, educational, charitable or other insti
tutions or purposes shall be, by those in
whose charge said conveyances now are, or
may come, deposited with and remain in con*
trol of the state treasurer.
'-- Sec 2. -. All acts and parts of acts Incon
sistent herewith are herebv repealed.
Seo. 3. This act shall take effect and be la
force from and after its passage.
Approved March 7, 1889.
93.
S. P. No. 328. AN ACT to fix the salary of
the inspector of illuminating oils, and the
' compensation of. of the deputy inspectors,'
and to provide for the disposition of the
; fees received for inspections, and to pro
-" vide for the inspection of illuminating oils
in tank cars. '■-
Be it enacted by the Legislature of the State
of Minnesota: '-..-,
Section 1. The inspector of Illuminating
oils shall receive an annual salary of . two
thousand four hundred [2,400] dollars per
annum, pavable monthly, as provided for ia
the cases of other state officers, which salary,
shall be in full compensation for all services
and expenses for the performance of duties
now or hereafter required by law. " l - "•
Sec 2. ... The said Inspector shall collect the
fees, now or ' hereafter provided by law for
inspecting . oil*. lie shall ' make . monthly
statements in detail, under oath, to the state
auditor, of all fees collected by himself or
received . from his deputies . under ; the pro
visions of this act and pay the amounts so
shown to be collected or received to the state
treasurer monthly on or before the tenth day
of each and every month.
Sec 3. Not more than one deputy inpeo
tor of illuminating oils shall be appointed
in any county. .-- Such deputies shall collect
all fees, now or hereafter provided by law for
inspecting oils, earned by them, • aud pay
over the same, with a monthly report under
oath, to the inspector of illuminating oils,
retaining for their services fifty per centum
of the same, .until' the commission shall
amount to fifty [50] dollars per month - and
25 per. cent thereafter; provided that no
deputy shall retain more than the percent
ages herein provided, and until the commis
sions shall amount to one hundred [100]
dollars per month, and 10 per. cent there
after. Provided, that no deputy shall receive
as compensation for his services a sum to ex
ceed the sum of $2,000 per annum, and that
all fees collected in excess of $2,000 be paid
into the . state treasury: provided, however,
that when the fees so collected amount to
less than • thirty dollars : per month In any
county, the deputy inspector may retain the
entire amount thereof, on making report of
the same.
Sec 4. The Inspector of illuminating oils
and his deputies may inspect and test il
luminating oils in a tank railroad car, so-.
called, standing on a railroad track, and such
oil shall not be transferred into warehouse or
storage tanks, or unloaded, until so inspect
ed. When such oil has - been - so tested and
Inspected no other inspection shall be neces
sary, but the Inspector or deputy shall, when '
such oil is put : into barrels, : brand the said
barrels without - charge, when the amount
contained in any such tank shall exceed fifty
gallons. | Each fifty gallons shall I constitute
a barrel within tbe meaning of ' the law, and
the fees for pec ling, the same, and for.
branding the barrels, shall, for each fifty gat
Ions, be the same as prescribed for each bar*
rel or package, by law. .
Sec 5. All acts or parts of acts lnconsist.
ent with or conflicting with the provisions of
this act are hereby repealed.
Sec 6. This act shall take effect and be ia
force from and after its passage. -
' Approved March 22, 1889.
94.
8. P. No. 502— AN ACT to exempt senators,
. . representatives, clerks and other employes
. . of the Legislature from jury duty during the
sessions thereof: .
Be it enacted by the Legislature of the State
of Minnesota: ...
Section 1. 'Senators,, representative!,
clerks and all other employes of the legisla
ture of the State of Minnesota shall be ex*
empt from jury duty during . the session!
thereof. " ,.
Sec. 2. This act shall take effect and be la
force from and after its passage.
- Approved April 13, 1339. .,.y.- '
- - 99.
8. P. Ho. 557.— AN ACT relating to the duty
. of the attorney-general . respecting incor
porations. -. .
Be it enacted by the Legislature of . the State
. of Minnesota: ■■- ■-■
Section 1. Hereafter It shall not be neces
sary for the attorney general to endorse any
form of approval upon the articles of incor
poration of any incorporated company.
Sec 2. This act shall not apply to religious
Incorporations.
Sec 3. . This act shall take effect and be ia
force from and after its passage.
Approved April 24, 1839.
Relating to Corporations.
...*'-'■. 90.
H. P. No. 177.— AN ACT amendatory and
supplementary to chapter 34 of the General
Statutes relating to corporations, and
amendatory laws thereto.
Be It enacted by the Legislature of the State
- of Minnesota: .'^SBcsaVaaBRBjHBaaaassjsl
Section 1. Whenever any corporation
, hereafter organized under the general law
of this state shall have complied with all the
provisions of the General Statutes in regard
to the filing for record of the articles of incor
poration of ' such corporation - and - of the
requisite affidavit of proof of publication, the
secretary of state shall thereupon issue' a cer
tificate in the following form:
State of Minnesota— • . ' -
■ Be it known; that whereas [here the names
of the subscribers to the articles of incorpor
ation' shall be inserted], have associated
, themselves with the Intention of forming a
corporation under - the name of [here the
name of the corporation | shall be inserted],
for the purpose [here the purpose declared in
the articles of incorporation shall bo insert
edLwith a capital of [here the amount of cap
ital fixed in >■ the articles | of incorporation
shall be inserted], and have complied, with
statutes of this state in such case made and
provided, as appears from the | articles of in
corporation, and ■ the affidavit of proof of
publication filed In .-: this office ; ■ now. there
fore, I [here the name of . the secretary shall

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