The Saint Paul globe., April 27, 1899, Minnesota Law Supplement, Page 11, Image 19

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and tiny-six il^ti) of the general laws of
: ; such p ace n said village as may
ly designated by the electors of said
. I the last annual town meeting ap
pointed to be held oh the second Tuesday
ol March of each year, or, in case the
elt-etois of said town snal! fail to desig
not< a place for the holding of Buch c cc
... eting, then ;u siu-h place In
pa d village as tnaj be designated and ap
l- inted by tha su] i rvisi rs of said t >wn.
ii v-;.(i. that nothing in this act con
: I be construed to prohibit the
S of such •■',, ctlon or meeting with
in said town.
3. It shall be lawful for any elector
(ii' any such village, bo relncorpo rated out
I rriton .. ij such town, to hold
■ -. n office of such town in which he
be elect< :i by the electors oi said
or t.i whii h he shall be duly ap
tcd and to which office he shall duly
: :■ his election or a i
Provl led that this section shall not apply
to tl Hlce ol a a ssort
: ■ '• Anj otiicer of any such town
liold and keep his office in such vil
. that the town cle« .; there
'■:'■' c in said tow a which
I himself or a deputy
inteil by him. in which office
■! all chattel mortgages, bills
lie or other conve> ane< a and all liens
rty which by law
trod to be nied in the office of the
cierk.
\il acts or parts of acts ln con-
Ilivt With the provisions of this act are
Phis act shall tak.? effect and be
In rce from and after its passage.
. ApriUlSth, 1599.
CHAPTER 259— H. F. NO. S3.
AN A< .' to enable md authorise the
board ol county commissioners of Uio
■ountles of the States of Min
to issue bonds to fund the ftoat-
Lness ..i said counties, and
• for the payment th ieof
i< ted by the Legislature of the
el Minnesota:
The board of county com
mi^si' : ers of the several counties of the
State of Minnesota, are hereby authorized
and empowered to issue at any time
prior to the tirst (Ist) day of July in the
year of our Lord one thousand eight
and ninety-nine (1899), the bonds
unty for such an amount as
may be necessary with interest coupons
Jed, for the purpose of funding the
Boating Indebtedness existing on the first
(Ist) day or May, one thousand f\".ht hun
dred and ninety-nine (1599), of paid coun
ties, which bonds and the proceeds there-
II !■■ used for no other purpose.
Bee. 2. The said bonds shall be hi such
Bums as the board of county commis
sion,-rs shall determine, and shall bear
Interest at nite not exceeding six per cent
pe-r annum, payable annually.
The principal shall become due and
payable at such time or timo3 as the
said board of county commissioners may
by resolution determine, not less than live
(5) or mure than twenty (20) years from
the date of issue of said bonds respect
ively.
Sec. 3. The bonds and Interest coupons
attached, under the provisions of this
act, shall be sicred by tho chairman of
the board of county commissioners, and
attested l>y the auditor and sealed with
his official seal, and made payable at the
office of the county treasurer oi the said
county.
The auditor shall keep a record of
all bonds Issued under the provision of
this act, which record shall show the
date, number and amount of each bond;
the rate of interest, the time wiien due,
the pi., cc where payable, and the name of
irty to whom issued.
4. The board of county commis-
Bloners shall annually after tho date of
nee of said bonds, levy a tax upon
the taxable property of said county, ln
addition to all other taxes levied, suf
t to pay the interest accruing yearly
upon the bonds issued in pursuance of
this act, and when any of the principal is
about to become due, they ?ha!l ln like
manner levy a sufficient amount of taxes
to pay such principal when due.
Sec. 5. The board of county commis
sioners shall have authority to negotiate
said bonus, but for not less than their
par value.
Sec. 8. This act shall take effect and
be in force from and aft°r its passage.
Approved April 18th, 1899.
CHAPTER 260— H. F. NO. 173.
AN ACT to amend subdivision twenty
one (21), of section five (5), of sub-chap
ter four (4), of chapter one hundred and
forty-six (k6), of the general laws of
the State of Minnesota for the year
one thousand eight hundred ninety-one
I, entitled, "An act relating to vill
ages of over three thousand Inhabit
ants, and providing for municipal
courts therein."
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That subdivision twenty-one
(21 \ of section, five (5), of sub-chapter
four (4), of chapter ono hundred and
forty-six (146), of the general laws of the
State of Minnesota for the year one
thousand ei.;?ht hundred nir.ety-bne (lSf>l),
be r, nd the same Is hereby amended so
rs to rea-1 ns follows:
Twenty-first. To compel the owners
a; 1 occupants of buildings or grounds to
remove snow, dirt, and rubbish from the
' :'iks. streets, or alleys opposite
md to compel such owners or oc
cuparts to remove from the lot owned or
occupied by him nil such substances, as
the board of health or the village council
direct, and, in his default, to au
thorize the removal or destruction there
of, by some officer, at the expense of the
owners or occupants, and the expense bo
Incurred shall become a lien upon the
•state, upon which such destruction
or from which such removal is made;
and ln case such expense is incurred, in
removing snow, dirt, and rubbish from
walks, streets or alleys, then such
expense sh:tl! become a lien vtr>on the real
estate, opposite and contiguous thereto;
al?o to compel the owner or owners of
low grounds, where water is liable to
t and become stagnant, to fill or
drain such low places, and, in their de
fault to authorize such fi!liit?r or drain-
Ing, at tho expense of such owner or
own?r«. and to provide that such expor.se
Blia'.l become a lien upon the let or prop
erty so drained or rilled. And any ex
ineurred under the provision of
tMs section, shall be by the villagp coun
cil, levied, and assessed against the said
real estate, upon which, or opposite and
contiguous to which such expense is ln
eurre.i, and shall be extended against
such property and collected in tho same
manner, as other special taxes are levied,
assessed and collected.
Sec. 2. This, net shall take effect and
be in force from and after its passage
Approved April 18th, 1&99.
CHAPTER 2GI— H. F. NO. 451.
AN ACT to amend chapter 233, general
laws of 1597, entitled "An act for a tax
on rrlfts, Inheritances, devises, bequests
nnil legacies, ln certain cases."
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That section 16, general laws
of one thousand eight hundred and
ninety-seven (1897). be and the same here
by Is amended so as to read as foilows:
Sec. 16. Each Jtidsro of p'-obate shall, on
January, April, July and October first, of
each year, make a report In duplicate
upon the forms furnished by tho state
auditor, containing all the data and mat
tors required to be entered in such book,
pertninlnsr to such estates, legatees and
persons charged with the tax provided for
in this act, one of which said reports
shall be immediately delivered to the
county treasurer, and the other trans
n : ; to,i to the auftttor of the state.
V ! ;<-> register of deeds of each county
BhnU, at the same time, make reports In
duplicate containing a statement of
any conveyance filed or recorded In his
of ; ico of any property which appears to
have been made or intended to take ef
fect In possession or enjoyment after
the death of the grantor or vendor, with
the name and place of residence of the
vendor or vendee, avA the description of
the property transferred, as shown by
such instrument, one of which duplicates
f; ;i!i be immediately delivered to the
county treasurer and the other trans
t■■!•!• A to the auditor of the state.
Roc. 2. This act shall take effect and
bo in force from and after Its passage.
Approved April 18th, 1899.
CHAPTER 262— H. F. NO. G74.
AN ACT to provide for the discharge of
judgments against persons discharged
under the T'nited States bankrupt law.
Bo it enacted by the Legislature of the
State of Minnesota:
S • tiOh 1. Any person discharged from
his debts, pursuant to the act of con
gress known as "Ah act to establish a
uniform system of bankruptcy through
out tho United States, approved July
first Hst). eighteen hundred and ninety
eifrh! (1898)." may, after the expiration of
one year from the date of such d'seharg-e,
nprly tn any court of record in which a
Judgitienf shall havo been rendered, or a
transcript thereof filed against him, for
tho discharge thereof from record, and
if it shall appear to tho court that ho has
thus boon rMschar^-ed from the payment
of such judgment, the court may order
nr,l direct that such Judgment "be dis
charged and satisfied of record, and there
upon the clerk of such court shall enter
a satisfaction thereof; provided, however,
that t<o such application shall be rnn.rl? or
order irrnnterl except upon ten (10^ days'
not!of of such application to tho lu.ls:ment
cre.lltor whose juclgmont Is sousr'it thereby
to be satisfied of record, his executors,ad
ministrators or nssisrns, served ln the
manner provided for the service of notices
in oivil actions, or in rase such creditor,
or hU pxocutors, administrators, or as-
Biirns. shall not reside within the State
of Minnesota, In such manner ns tho
court shall provide by order: provided
further that nothing in this act shall be
OFfflClAli FU BI.HJATION OF THE GENEKAL LAWS OF MINNESOTA PASSED DUKING SESSION OF 1899.
construed to apply to Judgments not list
ed among the liabilities of the bankrupt
in his petition to be adjudged a bank
rupt under tho act of July Ust) first,
eighteen hundred ninety-eight.
See. 2. This act shall take effect and
be in force from and after its passage.
Approved April 18th, 1599.
... CHAPTER 2C3-H. F. NO. 357.
Ar\ ACT to reimburse Wadena county,
Minnesota.
Be it enacted by tho Legislature of the
State of Mini sota:
Section 1. That the sum of one thou
sand (1,000) dollars be and is hereby ap
propriated of the moneys not already ap
propriated to reimburse Wadena county
lor tie trial and conviction of Axel Llnd
rosa and Mary Plkkaralnen, his accom
. »t the murder of Daniel Plkkara- i
"I' :; ln t!! '' year eighteen hundred and ;
nil ety-seven (1897).
B . 2. That this act shall take effect !
no in torce from and after its pas
sage.
Approved April ISth, 1599.
CHAPTER 264— H. F. NO. GSB.
- A * N ACT to authorize townships in this
state to establish and maintain public
Durylng grounds,. or cemeteries ln such |
lips, and to acquire '.ana for the i
purposes thereof.
''"'■. i; I by the Legislature of the j
State cl Minnesota:
Section i. Whenever the legal voters of i
any duly organized township in this
state In which there is no public burying
ground or cemetery, shall determine by
a majority of the votes cast at any gen
et;'! or special town meeting of the citl
sena thereof that it is necessary and
would be for the general good to estab
lish and maintain a burying ground or
cemetery within said township for tho
burial of the dead thereof, the board of
township supervisors shall be author
iz;:l and empowered to acquire by pur
chase or gift, a suitable piece or parcel
of land within said township for the uses
and i urposes aforesaid, and tho title of
thn said land shall be vested ln such j
township, when so acquired, and shall be i
and remain separate from, and inde
pendent of any organization or other
cemetery association.
Sec. 2. The said supervisors shall be
and constitute a board of directors who
shall uoon the acquisition of such land, i
bo authorized and required to lay out the I
same, into suitable burial lots, and to I
make the necessary plats and maps j
th< reof, with such proper streets and j
walks, as shall be necessary for the uses
and purposes of the sum?, which plats
ami macs shall bo filed in the office of
the cierk of such township, and they
shall have full charge and control of such
burial grounds, with power and authority
to sell and dispose of such lots (at prices
to be determined by themselves), for the
purposes of the burial of the dead of such
township, and for no other purpose
whatsoever, and to make the proper con
veyance, of title to said lots, to the pur
chasers thereof.
Section 3. All moneys received by the
saiu directors for the sale of such lots
shall be paid Into the treasury of such
township, and the same shall constitute
a fund to be used am! expended by snid I
directors for the fencing, Improving, and I
ornamenting said burial grounds; pro
vided, that in cases where burying j
grounds or cemeteries have been laid
out and established, in any township tem
p irarily, by private individuals or other
ivlse, tiis said supervisors may acquire
the same by purchase of or agreement
■■'. ith such parties, If they shall deem it
for the best Interest of the said town
ship so to do, the same to be used for the
purposes contemplated ln this act.
Sec-. 4.' This act shall take effect and be
in force from and after its passage.
Approved April ISth, 1899.
CHAPTER 265— H. F. NO. 494.
AN ACT relating to tho allowance of the
accounts of executors and adminis
trators.
Be It enacted by the Legislature of the
State of Minnesota:
Section 1. That in all cases where any
executor or administrator has heretofore
paid in good faith any debts or claims
against tho estate which he represents,
without the same having- been duly ap
proved or allowed as required by- law, and
whose final account has not yet been set
tled, such payments may be allowed by
the judge of probate, upon 'jroof satis
factory to said judge of probate that tho
said debts or claims were Just and ex
isting demands against said estate at tha
thne of payment.
Provided, that the notice of settlement
of such final account shall state that ap
plication will be made for such allowance.
Provided, that no such payments shall
be allowed except on a prorata basis
with other claims where the estate is in
solvent.
Sec. 2. This act shall take effect and be
in force from and after Its passage.
Approved April 18th, 1899.
CHAPTER 265— H. F. NO. 640.
AN ACT to amend section ono (1) of
chapter two hundred and thirteen (213) I
of the general laws of eighteen hundred
and ninety-seven (1897),- entitled. An
act to prohibit the desecration of Deco
ration day, and providing for punish
ment thereof.
Be it enacted by tho Legislature of the
State of Minnesota:
Section 1. That section one (1) of chapter
two hundred and thirteen (213) of the [
general laws of eighteen hundred Rr.d
ninety-seven (1597) be, and the same Is
hereby amended so as to read as follows:
Section 1. That the desecration of Dec- I
oration day the thirtieth (30th) day of I
May of each year, by the playing of !
games of ball, cricket, foot ball, and j
other like games, or V>y horse racing, bi- j
cycle racing, or any other sports calcu- I
latcd to attract attention to such games
or sports, and away from the memorial
character of said day, within one-half
('/••) mile of the place where memorial ex
ercises are in progress, is hereby pro
hibited and made unlawful during the
houis from ten (10) o'clock in the forenoon
to three (3) o'clock in the afternoon cf
said day. and all saloons shall be closed
on said day between the hours of ten (10)
o'clock in the forenoon and threa (3)
in the afternoon, in all cities, towns and
villages where memorial exercises are
held.
Sec. 2. This art shall take effect and
be in force from and after its passage.
Approved April 18th, 1599.
CHAPTER 217— H. F. NO. 342.
AN ACT to amend the eighth (Bth) sub
division of section fifty-four hundred
and fifty-nine (5459) of the general stat
utes of eighteen hundred and ninety
four (1894), relating to property exempt
from execution.
Bo it enacted by the Legislature of the
Stato of Minnesota:
Section 1. That the eighth (Sth) sub
division of section fifty-four hundred and
flftv-nlne (5459) of the general statutes of
elpM'oen hundred and ninety-four (1894)
be and the same hereby is amended bo
as to read as follows:
KiR-hth— One watch, the tools and in
struments of any mechanic, miner, or
other person, used and kept for the pur
jioso of carrying on his trade, and ln
addition thereto, stock in trade. Including
goods manufactured in whole or In part
by him, not exceeding four hundred (400)
dollars in value; tho library and imple
ments of any professional man, all of
which articles hereinbefore Intended tobe
exempt, shall be chosen by the debtor,
his apent, clerk or lesral renr»senta.tlve-,
as the case may be. In addition to the
articles enumerated in this section, all
the presses, stones, type, cases, and other
tools and implements used by any co
partnership, or by any printer! publisher
or editor of any newspaper, and in the
printing and publishing of the same,
whether used personally by said eo-nart
nershlp, or by any such printer, publisher
or editor, or by any person hired by him
to use them, not to exceed in value the
sum of two thousand (2.000) dollars to
rether with stock in trade not exceeding
four hundred (400"> dollars in value, shall
be exempt from nttnehmont or sale on
any final process, issued from any court
ln this state.
Sec. 2. This act shall take effect and
he in force from nnci after Its passage.
Approved April ISth, ISO 9.
CHAPTER 2CS-H. F. NO. 554.
AN ACT relating to the assignment and
transfer of debts In certain enses and
providing for tho filing of such assign
ments when in writing.
Bo It enacted by the Legislature of the
State of Minnesota:
Section 1. Every assignment or trans
fer of any debt, except such debts as are
evidenced by an instrument in writing,
subscribed by the party obligated and de
livered to the assignee at the time of such
transfer, shall be presumed to be void as
against any creditor of the person mak
ing such assignment or transfer, unless
such assignment or transfer Is in writing
ar.d shall be filed in the office of the town
clerk, village recorder, or city clerk in
the town, village or city ln which the per
son so making such assignment or trans
fer resides, untess those claiming under
such assignment or transfer shall make
it appear that the same was made in
good faith and for a legitimate and valid
consideration. Provided, that the filing
of such assignment or transfer as afore
said shall not be deemed notice to the
person owing said debt.
Sec. 2. Any written assignment or
transfer of any debt except such debts as
are evidenced by an instrument in writ
inr. subscribed by the party designated
and delivered to the assignee at the time of
s:iid transfer, may be. filed in the office of
tho town clerk, village recorder or city
clerk In the town, village or city where
the person making such assignment or
transfer reside 3. without being acknowl
rilcod.
Sec. *. This act shall take effect and be
ln force from and after its passage.
Approve* April 18th, 1899.
CHAPTER 269— H. F. NO. 292.
AN ACT to amend section eight (8), gen
era! statutes, eighteen hundred and
ninety-four (IS9J), as amended by chap
ter one hundred thirty-four (134), of gen
eral laws eighteen hundred and nlnoty
flve (1895), relating to election districts.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That section eight (8) of tho
general statutes of eighteen hundred and
ninety-four (IS 1 .)-}), as amended by chap
ter one hundred thirty-four (134), of the
general luws of eighteen hundred and
ninety-five (1S05), bo and the same i 3
hereby amended to read as follows:
Every organized township, every In
corporated village which is now a separ
ate election district, and every ward of
each incorporated city shall form at lea.st
one (1) election district, but no election
district in any incorporated city or village
shall, when first formed, contain moro
than four hundred (400) male electors as
shown by the registers used at the then
last preceding election. Whenever any
election district is found by the number
of votes there cast ut any election to
contain moro than four hundred (40J)
male voters, It shall bo tho duty of the
supervisors oL' the town, or of the city
council, village or municipal corporation
of the city or Village, to cause such dls
trlct, at least six (6) weeks before the
next ensuing general, town or city elec
tion, to be divided into two (2) or more
districts, each containing, as nearly as
may be, an equal number of votes.
Provided, That when any township or
portion thereof comprising an election
district is found by tho number of votes
there cast at any election to contain more
than throe hundred and twenty-five (325)
male voters, the .-iuper visors of such town
may In their discretion cause 6uch dis
trict, at least sl.-c (Gi weeks before the
next ensuing general or special election,
to be divided into two (2) or more dis
tricts, each containing, as nearly as
may be, an equal number of votes; and,
Provided, further, when any organized
township in this state, which is divided
into two (2) or more election districts, is
lound by tho number of votes cast at any
general election to contain less than four
hundred (400) male voters, the supervis
ors of such town may consolidate the
same into one or more eleotlon districts,
by a resolution passed at any general or
special meeting of said supervisors and
by posting three (3) copies of such reso
lution in each of the election districts,
into wh.ch such town is divided, and such
consolidation shall be effective* and in
torce en and after sixty (60) days from
the date of such posting
Sec. 2. This [act] shall take effect and
bo in force from and after its passage
Approved April 18th, IbSU.
... CHAPTER 270-H. F. NO. 70.
# ACI relating to the compensation
or the supremo court reporter.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That from and after January
first (Ist) A. D. eighteen hundred and nine
ty-nine (1899), the compensation to bo paid
to the supreme court reporter for his own
services and for all expenses incurred by
him for supplies and assistance in his
«°r r ,m 1 be tho sum of thlee thousand
(3jU'O) dollars per annum.
Sec. 2. That said sum of three .thou
sand (8,000) dollars shall be appropriated
annually tor such payment to the re
porter.
Sec. 8. All acts and parts of acts in
consistent with this act are hereby re
pealed.
Sec. 4. This act shall take effect and be
in force from and after its passage
Approved April 18th, 1599.
CHAPTER 271— H. F. NO. 825.
AN ACT to amend chapter two hundred
and twenty-nine (229) of the general
laws of eighteen hundred and nlnety
flve (1895), establishing municipal courts
cJR?- 1 ? 3 *. of less than flv6 thousand
(5,000) inhabitants.
Be it enacted by the Legislature of the
Stato of Minnesota:
Section 1. That section four (4) of chap
ter two hundred and 'twenty-nine (29)
of the general laws of eighteen hundred
and ninety-five (1895), be amended so as
to read as follows:
Sec. 4. Before entering upon the dis
charge of the duties of his office, the
Judge of said court shall take and sub
scribe an oath as prescrfbed in the gen
eral statutes tor judicial officers, which
oath shall be filed in the oiliee of tho
cierk or recorder of said city. He
shall have the general powers of judges
of courts of record, and may take and
certify acknowledgments in all cases and
as a conservator of the pc-aco shall have
all the powers and authority which Is
by law vested in justices of the peace
or any other judicial officer. In all cities
where there has been, or may hereafter
be, a municipal court established, under
the provisions of said chapter two hun
dred and twenty-nine (220), at tho next
general city election occurring more than
thirty (30) days after the passage of this
act, or the establishment of such munici
pal court, there shall be elected by th<
qualified electors uf such cities, a soecial
Judge of such municipal court, whos»
term of office shall be for four (4) years
and until his successor is elected and
qualified. He shall be a qualified elector
ol said city and shall take and subscribe
the same oath as the municipal judge,
which oath shall also be filed in the office
of the clerk or recorder of said city His
powers and duties while acting as the
judge of said court, shall be the same as
the municipal judge. In case of a va
cancy in the office of special judge the
governor of Minnesota, shall appoint some
suitable person to fill such ottice until the
next general city election occurring more
than thirty (30) days after such appoint
ment. At the request of the municipal
judge, or in case of his sickness or ab
eence, then upon the request of the
mayor of such city, said special Judge
shall act as the judge of said court. Said
special judge shall not act on the trial
or examination of any case, or otherwise
except as above provided, and any such
special judge, while acting as the Judge
of said court shall receive as compensa
tion the fees herein provided for the
Juoge of said court. This section shall
not incapacitate any such special judge
from acting as an attorney in any case
or proceeding in said court, but when
aciingr as judge of said court, he shall
take no action In said case save to ad
journ the same.
Sec. 2. That section eleven (11)" of said
chapter two hundred and twenty-nine
(^'9) be, and the same is hereby amend
ed so as to read as follows:
Sec. 11. The summons in - this court
shall be served in the same manner as
prescribed by statute for the service of
summons in the district courts of this
state, in all cases or classes of cases
whereof this court has jurisdiction, ex
cept that in service of summons by pub
u .V 0 " the P erioli of such publication
shall be three (3) consecutive weeks in
stead of six (6).
Sec. 3. That section eighteen (IS) of
said chapter two hundred and twentv
nine (£29) be, and the same is hereby
amended so as to read as follows-
Sec. 18. Costs shall be allowed to the
prevailing party in ail civil actions in «ald
court as follows. When he appears by
attorney. To the plaintiff on judgment in
his favor by defendant, three (3) dollars
on Judgment in his favor after issue
Joined, when the amount of tho judg
ment, exclusive of costs and disburse
ments, or the value of the property re
covered, as alleged In the complaint, is
less than fifty (50) dollars, three (3) dol
lars. TVhen such amount or value is more
than fifty (50) dollars and less than one
hundred (100) dollars, five (5) dollars; when
such amount or value is one hundred
(100) dollars or more, ten (10) dollars. To
the defendant on a Judgment in his favor
after a trial on the merits, when the
amount claimed by the plaintiff or the
value of the property sought to be re
covered, as alleged in the complaint, does
not exceed fifty (50) dollars, three (3) dol
lars. When such amount or value is more
than fifty (50) dollars, five (5) dollars
Sec. 4. That section nineteen (19) of
said chapter two hundred and twenty
nine (229) be, and the same is hereby
amended so as to read as follows:
Sec. 19. Costs and disbursements shall
be taxed and allowed either by the clerk
or judge of said court, in the same man
ner provided by law for the taxation of
costs and disbursements in courts of jus
tice of the peace.
Sec. 5. That said chapter two hundred
and twenty-nine (229) be amended by add
ing thereto the following:
Sec. 41. It shall be lawful for the
Judge of said municipal court, or the
special judge while acting as judge, to
perform any and all the duties provided
in this act to be performed by the clerk
of said court, Including the signing and
Issuing of any and all process or papers
in hia own "name as Judge or special
Judge, as the case may be.
See. 6. This act shall take effect and
be in force from and after its passage
Approved April ISth, 1899.
CHAPTER 272— H. F. NO. 447.
AN ACT to provide for the better en
forcement of the liability of stockhold
ers of corporations.
Bo it enacted by the Legislature of the
State of Minnesota:
Section 1. Whenever any corpora.tion
created or existing by or under the laws
of the State of Minnesota, whose stock
holders, or any of them are liable to
it or to its creditors, or for the benefit
of Its creditors, upon or on account of
any liability for or upon or srowing out
of, or in respect to the stock or shares at
any time held or owned by such stock
holders, respectively, whether under or
by virtue of the constitution and laws of
said State of Minnesota, or any statute ot
said state, or otherwise, has heretofore
made or shall hereafter makd in assign
ment for the benefit of its creditors un
der the insolvency laws of this state- or
whenever a receiver for any such corpo-
ration has heretofore been or shall here
after be appointed by any district court
of this state, whether ' under or pursu
ant to any of the provisions of chapter
seventy-six (76) of the general statutes of
eighteen hundred and ninety-four (1894)
of Minnesota md the acts amendatory
thereof, or under or pursuant to any
other statute of this state or under tho
general equity powers and practice of
such court; the district court appointing
•such receiver or having Jurisdiction of
the matter of said assignment may pro
ceed as in this act provided.
Sec 2. Upon tho petition of the as
slgneo or receiver of any such corpora
tion, or of any creditor of such corpora
tion who has flleu his claim In such as
signment or reee worship proceedings, tht>
said district court shall by order appoint
a time for hearing not lean than thirty
(30) nor more than sixty (CO; days from
tho time of filing said petition with tho
clerk of said court, and shall direct such
notice of such hearing to be given by
the party present Ing said petition, by
publication or otherwise, as iho court
In its discretion way deerh proper; but
If said petition be (tied by a creditor, oth
er than the assignee or receiver of said
corporation, the court sh ; iil direct that
notice of such hoaring bo. personally
served on such as-rigneo or receiver.
Sec. 3. At stioh hearing, the court
shall consider such proofs, by afiidavit or
otherwise, as may than ba offered by the
assignee or receiver, or by any creditor
or officer or stockholder of suid corpora
tion who may appear in person or by
attorney, as to the probable Indebted
ness of said corporation and the ex
penses of said assignment or receiver
ship, and the probable amount of assets
available for the payment of such in
debtedness and expenses; and also as to
what parties are or may be liable as
stockholders of said corporation end tho
nature and extent of such liability. And
If It appear to the satisfaction "of the
court that the ordinary assets of said
corporation, or -such amount as may be
realized therefrom within a reasonable
time, will probably be Insufficient to pay
nnd discharge In full and without de
lay its indebtedness and the expenses of
such assignment or receivership, and
that it is necessary or proper that resort
be had to such liability of its stockhold
ers; the said court shall thereupon by
order direct and levy a ratable assess
ment upon all parties liable as stock
holders, or upon or on account of any
slock or shares of said corporation, for
suth amount, proportion or percentage
of the liability upon or on account of
each share of said stock as the court
in Its discretion may deem proper (taking
into account the probable solvency or
insolvency of stockholders and the prob
eble expenses of collecting the assess
ment); and shall direct tho payment of
the amount so assessed against each
share of said stock to the assignee or
receiver within such time thereafter as
said court may specify in said order.
Sec. 4. Said order shall direct the as
signee or receiver to proceed to collect
the amount so assessed against each
share of said stock from the parties li
able therefor; and shall direct and auth
orize said assignee or receiver, in case of
the failure of any party liable upon "or
on account of any share or shares of
Paid stock to so pay the amount so as
sessed against the same within the time
specified In said order, to prosecute ac
tions against each and every such party
so falling to pay the same, wherever
such party may be found, whether in
this state or elseA-hcre.
Sec. 5. Said order and tho assessment
thereby levied shall be conclusive upon
and against all parties liable upon or on
account of any stock or shares of said
corporation, whether appearing or rep
resented at said hearing or having no
tice thereof or not, as to all matters re
lating to the amount of and the pro
priety of and necessity fov the said as
sessment. This provision shall also ap
ply to any subsequent assessment levied
by said court as hereinafter provided.
Sec. C. It shall be the duty of such
assignee, or receiver to, and he may, im
mediately after iho expiration of the
time specified in said order for the pay
ment of the amount so assessed by tho
parties liable therefor, Institute and
maintain an action or actions against
any and every party liable upon or on
account of any share or snares of such
stock who has failed to pay the amount
so assessed against the same, for the
amount for which such party is so liable.
Said actions may be maintained against
each stockholder, severally, in this state
or In any other state* or country where
euch stockholder, or any property sub"-
Ject to attachment, garnishment or other
process In an action against such stock
holder, may be found. But if said as
signee or receiver shall in good faith
believe any stockholder so liable to be
insolvent, or that the expense of prose
cuting such action against such stock
holder will be so great that it will be of
disadvantage to tho estate and the In
terest of creditors to prosecute the same,
said assignee or receiver Tihall so report
to said court; and shall not be required
to institute or prosecute? any such action
unless specifically directed so to do by
said court. And In such case said court
shall not require said receiver to insti
tute or maintain such action unless said
court shall have reasonable cause to be
lieve that the result of such action will
be of advantage to the estate and credit
ors of said corporation; except as here
inafter provided.
See. 7. In any case where the court
ehall have levied an assessment against
stockholders as in this act provided, for
a less amount or proportion than the full
amount of the liability upon or on ac
count of the stock of said corporation,
and It shall thereafter be maJe to ap
pear to the satisfaction of said court, by
petition or otherwise, and upon hearing
| as hereinbefore, provided, that by reason
of the insolvency of stockholders, or for
i any other cause, it is necessary or desir
i able or for tho interest oC creditors that
! another and further assessment upon or
| ngainst said stock be levied; the court
I shall by order direct and levy a further
I and additional assessment for such
amount, proportion or percentage of the
liability upon or on account of each share
of said stock, as snid court in Its discre
tion may deem proper; and in the same
manner may levy further and additional
assessments upon said stockholders, and
against said stock, not exceeding in the
aggregate the maximum amount of lia
bility upon or on account of the stock of
said corporation.
Sec. 8. All tho provisions of this act
shall apply to any such assessment lev
ied by said court afier the first, and to
the proceedings preliminary to levying
and directing the same, to the same ex
tent and with the snme force arid effect
as to the first asKecsment so levied under
the provisions of this act.
Sec. 9. "Where two (2) or more such
assessments are levied or directed, the
assignee or receiver may join the causes
of action accruing against any stock-'
holder upon any two or more such assess
ments in a single action against such
stockholder, or ne may, at his discretion,
j unless otherwise directed by the court,
I maintain a separate action against each
stockholder for each successive assess
ment levied or directed.
Sec. 10. If said assignee or receiver
shall fail to institute and prosecute an
i action against any stockholder who has
j failed to pay any such assessment or
I assessments, or to prosecute such an ac
j tion with diligence after Instituting the
| same, any stockholder or stockholders
who have paid in full the amount of any
such assessments, or any creditor or
creditors of said corporation, may petition
said court to require said fssignee or re-
I eelver to prosecute such fiction against
| such stockholders so failing to pay as
aforesaid, or to permit th^ party or par
tier so petitioning to institute and main
tain or to continue the prosecution of
such action in the name of said assignee
or receiver, and for the benefit of said
estate, and If said party or parties so
I petitioning shall furnish security or in
| demnity for costs and expenses as the
I court may direct, the said court shall
thereupon require said assignee or re
(■ ceiver to forthwith prosecute such action,
| or in Its discretion may permit such party
I or parties so petitioning to Institute and
prosecute or continue the prosecution of
the same as aforesaid.
Sec. 11. If after the payment of all
I the expenses of such assignment or re
ceivership and all Indebtedness of and
i claims against said corporation proved
or allowed in said proceedings, there shall
remain any surplus money" or property
in the hands of the assignee or receiver,
the same shall be distributed, under the
direction of said court and in such man
ner as may be just and equitable, among
those stockholders who have paid the
assessments levied against their stock as
I herein provided. And any stockholder
i who has so' paid such assessments lev
ied against his stoefc shall, in addition to
any remedy herein provided for, be en
titled to enforce contribution from stock-
I holders who have not paid such assess
ments, and for that purpose may be sub
rogateu to the rights of the creditors of
said corporation against such defaulting
stockholders, in surh manner and to such
extent ns may be just ancf equftriTjTe.
Sec. 12. Whenever, in a proceeding
heretofore instituted under the then ex
isting laws of this state to enforce the
1 liability of stockholders of any such cor
| poration, a portion of the amount for
which the stockholders of such corpora
tion are liable has been collected, but the
amount so collected Is insufficient to pay
and discharge claims against said cor
poration in full, and there remain stock -
I holders who were not made parties to
such proceedings, then, notwithstanding
final judgment may have been rendered
and entered in said proceeding against
those stockholders who-.we.re made par
ties thereto, the district court having
jurisdiction may proceed as in this act
provided and may levy, assessments in
| the manner heroin prescribed to Mich ex
tent as nay be necessary to satisfy and
discharge in full all olalmß against eald
corporation and all o.pensea of such pro
ceedings. And the assignee or receiver,
or the receiver appointed by said court
in such proceeding, may Institute and
maintain actions to recover the amount
or such assessments in the sume man
ner with the same effect as in the case
or an assessment levied as provided in
the preceding sections of this act, and
all the provisions of this act shall apply
to any stockholder who has paid, or from
whom has been collected, in the course
of such prior proceeding, any portion of
the amount for which he la liaDle for ot*
on account of the stock held or owned
by him, shall be credited upon any assess
ment levied against said stock as In this
section provided, with the full amount
so paid by or collected from him.
Sec. 13. This act shall not apply to
any action now pending to which stock
holders of such corporations have been
made parties under the provisions of
chapter seventy-six (76), general statutes
of eighteen hundred ninety-four (1894), and
acts amendatory thereto, and In which
iho issuo as to who are stockholders has
heretofore been tried and determined by
the courts; except that after final Judg
ment In such action if a proper case ex
ists under the provisions of section twelve
(12) of this act, tho court and parties may
proceed In the manner prescribed by said
section twelve (12),
Sec. 11. All acts and pans of acts in
consistent herewith are hereby repealed.
Sec. 15. This act shall take effect and
bo In force from and after its passage.
Approved April 18th, 1899.
CHAPTER 273— H. F. NO. 687.
AN ACT to provide for a levy of taxes
for state purposes for the year end
ing July thirty-first (31st), one thousand
nine hundred, (1S00), and July thirty
first (31st)), one thousand nine, hundred
and one (1S01).
Be It enacted by the Legislature of the
State of Minnesota:
Section 1. For the purpose of defray
ing the expenses of the state for the fiscal
year ending July thirty-first (31st), one
thousand nine hundred (1900), a tax of
eight hundred and sixty thousand dollars
(JStJO.GOO), or as near that amount as prac
ticable, shall be levied on all the tax
able property of the state; provided, that
the tax hereby levied shall not exceed the
rate of one and five-tenths (1 5-10) mills
on each dollar of taxable property.
Sec. 2. For the purpose of defraying
the expenses of the state for the fiscal
year ending July thirty-first (81st), one
thousand nine hundred and one (1901), a
tax of eight hundred and sixty thousand
dollars ($860,000), or as near that amount
as practicable, shall be levied on all the
taxable property of the state; provided,
that the tax hereby levied shall not ex
ceed the rate of one and five-tenths
(1 5-10) mills on each dollar of taxable
property.
Sec. 3. All taxes levied under the pro
visions of this act, when collected and
paid into the state treasury, shall be
placed to the credit of the general reve
nue fund only.
Sec. 4. This act shall take effect and
be in force from and after its passage.
Approved April 18th, 1599.
CHAPTER 274— H. F. NO. 561.
AN ACT to amend section one a) of
chapter three hundred and twenty-eight
(328) of the general laws of Minnesota,
for the year one thousand eight hun
dred and ninety-seven (1897), entitled.
"An act to amend section sixteen (16) or
chapter ninety-seven (97), general law 3
of Minnesota for one thousand eight
hundred and eighty-seven (1887), and
section four (4) of chapter eighty-one
(81), general laws of Minnesota for one
thousand eight hundred and ninety-five
(1895), amending section fifteen (15) of
chapter ninety-seven (97), general laws
of Minnesota for one thousand eight
hundred and eighty-seven (18S7). re
lating to the drainage of wet lands "
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That section one (1) of chap
ter three hundred and twenty-eight (325),
general laws of one thousand eight hun
dred and ninety-seven (1597), be and the
same Is hereby amended by adding there
to the following: "And at such a rate,
or amount, per cubic yard, as it appears
in the estimate of the ditch, as the view
ers shall determine or fix upon and state
In their specifications, and be approved
by the county commissioners, but shall
not exceed the sum of four (4) dollars per
day for the time he is actually engaged
thereat."
Sec. 2. This act shall take effect and
be In force from and after Its passage
■Approved April 18th, 1599.
CHAPTER 275— H. F. NO. 890.
AN ACT to amend sections two hundred
and seven (207) and two nundred and
eight (20S) of chapter eight '8), of tho
general laws of eighteen hundred and
ninety-five CIBCS), relative to the incor
poration, organization and government
of cities.
Be it enacted by the Legislature of tho
State of Minnesota:
Section 1. That section two hundred
and seven (20.) of chapter eight (8) of
the general laws of Minnesota for the
year eighteen hundred and ninety-five
(18ft)), be amended to read as follows:
Sec. 207. Eoard of Equalization.— The
board of equalization shall consist of the
president and four (4) members of the
city council, to be chosen by It.
Such board shall meet at the city coun
cil chamber on the fourth (4th) Monday
In June of each year, and the members
shall be sworn according to law as such
board of equalization, and at such time
and from day to day thereafter as they
may adjourn to, such board shall pro
ceed to amend, revise and equalize the
assessments made by the assessor.
Sec. 2. That section two hundred and
eight (20S) of chapter eight (8) of the
general laws of Minnesota, for the year
eighteen hundred and ninety-five (1595), be
amended to read as follows:
Sec. 20S. Powers of Board.— Such board
shall be vested with all the powers which
are or may be vested in county boards of
equalization, so far as applicable, but
shall not be restricted as to reducing the
aggregate sum of real or personal prop
i crty as returned by the assessor. It shall
complete such equalization on or before
the second (2nd) Monday in July of each
year, and when completed the same shall
be certified to the county auditor by the
board of equalization.
Sec. 3. This act shall take effect and
be in force from and after its passage.
Approved April 18th, 1899.
CHAPTER 276— H. F. NO. 445.
AN ACT legalizing the acts of boards
of commissioners heretofore appointed
or created by the board 'of trustees of
any village, for the purpose of operat
ing or managing water, light or elec
tric plants.
Be It enacted by the Legislature of the
State of Minnesota:
Section 1. Wherever the trustees of
any village in this state have heretofore
created or appointed a board of com
missioners for the purpose of operating
or managing any water, light or electric
plant belonging to such village, and said
board of commissioners has performed
any act or taken any proceedings, by
virtue of such appointments, all such
acts and proceedings are hereby legal
ized and made of full force and effect.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 18th, 1599.
CHAPTER 277— H. F. NO. 85.
AN ACT relating to mechanics' liens, and
defining- the duties of contractors be
fore becoming entitled to lien, or to
bring action £o recover the amount due
under contract.
Be It enacted by the Legislature of the
State of Minnesota:
Section 1. Every person who shall per
form work, or furnish material for the
erection, construction, alteration, or re
pair of any vessel or other water craft,
or for the erection, alteration, repair or
removal of any house, mill, manufactory,
or other building or appurtenance, by
virtue of a contract with, or at the in
stance of. the owner thereof, or his agent
or trustee, shall, if demanded through a
written notice referring to this act, by
the owner, his agent or tru--teo, furnteh
a full statement of all amounts clue from
him for labor performed upon such build
ing or other structure, giving the name
and place of residence of each person to
whom such amount may be due, If such
place of residence Is known to such con
tractor, and tho amount <lup to each such
person, and of all amounts owing by him
for materials furnished therefor, with the
name and address of each person, if such
address Is known to such contractor, to
wliom any such sum may be due, and all
claims which mieht be or become liens
upon the said property, which statement
shall be verified by oath, and no such
contractor shall be entitled to file any
statement or Hen under such contract,
nor to commence any action for the re
covery of the amount due him on ac
count of any such contract, or any part
thereof, until ten days after suehstatp
ment had been furnished by such con
tractor, provided that such statement Is
demanded on or before fifteen (15) days
after date of completion of contract or
dolivery of materials.
The owner of the property to be affect
ed by such claims shall have the right
to pay to the person so shown to be en
titled thereto, or to his assigns or per
sonal representatives, any such amount
so duo to him. and to retain and deduct
the paid amount from the amount due ot
to become due to said contractor, and any
nnd all amounts so paid by him shall be
dor-mod a na.yment to such contractor
S<*c 2. This act shall take effect and be
In force from and after Sentember first
flsti, eighteen hundred and ninety-nine
(IW9).
Approved April 18th, 1899.
OHA-PTER 27"— H. F. NO. GS6.
AN ACT to appropriate money for the
relief of John B. Culver and Sidney
Luc© and to reimburse them severally
for moneys expended by them, as com
missioners of the State of Minnesota,
}n the matter of the harbor system at
the head of Lake Superior.
Whereas, John B. Culver and Sidney
Luce were duly appointed commission! rs
ror the State of Minnesota, for the pur
pose of settling the controversy then ex
isting, and tho suit then pending ln the
Bupremo court uf the Unltc-.l Htnles be
tween the State of Minnesota and the
State of Wisconsin, over rhe harbor sys
te"? at the head of Lako Superior, in
which matter said commissioners ren
dered to the State of Minnesota great and
valuable services; and.
Whereas, Said commissioners in the
execution of said commission went to tho
City of Washington, D. C, dnd expended
considerable suitih of their own money on
account of their personal expeii.se.B in
curred in said matter; and,
Whereas, Neither of said commission
ers has ever been reimbursed by the
Stato of Minnesota, or otherwise, for the
amounts bo expended by them; therefore.
Be it enacted by the Legi.slaLure of the
State of Minnesota:
Section 1. That the sum of five hun
dred (500) dollars shall be and the same
is hereby appropriated out of any money
in the stato treasury, not otherwise ap
propriated, to reimburse said commission
era for the moneys so expended by thurn
respectively in said matter; that said
Sidney Luce, or hfy personal represent
atives, shall receive the .sum of two hun
dred and fifty (250) dollars of said amount
and Charles W. Culver, as executor of
the estate of John B. Culver, deceased,
shall receive the sum of two hundred and
fifty (2'jO) dollar.-; of said amount.
Provided, that this shall Lie in full set
tlement of all claims.
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April 18th, lb'JO.
CHAPTER 279— H. F. NO. COO.
AN ACT providing for the purchase of
land by cities having fifty thousand
(50,000) inhabitants, or more, to be used i
for the purposes of public parks, where !
the quantity of land so sought to bo I
appropriated, exceeds fifteen (15) acres, j
and providing for the condemnation of |
the same to park purposes, and for man- j
ing compensation therefor.
Be it enacted by the Legislature of the '
State of Minnesota:
Section 1. That ciues having a popula- i
tion of fifty thousand (50,000), or more, be '
and the same are, In addition to all pow- j
ers now possessed, hereby authorized and
empowered by a two-thirds (2-3) vote of '
their respective councils and the concur- !
rence of the board of park commissioners
of such cities, to purchase lands for pub
lic parks containing more than fifteen (13)
acres and to pay for the same' out of j
any money In the public treasury, not oth- !
erwise appropriated, provided the amount
of moneys so expended ln any one (1)
year shall not exceed the sum of fifty
thousand (50,000) dollars, which sum shall
be included in the tax levy either for a
single year, or may be divided into four
(4) equal parts and be Included in the
tax levy for the four (4) succeeding years
as the common council shall determine,
but no contract or expenditure under this I
act shall be made for any public park j
while compensation for the land previous
ly purchased for a public park remains
unpaid.
Sec. 2. Cities having fifty thousand (50,
--000) inhabitants or more may, in addi
tion to all powers now possessed, ac- j
quire lands for public parks that shall \
contain more than fifteen (15) acres by !
condemnation proceedings and in acquir- !
Ing such lands for such parks shall pro- ;
ceed ln the same manner now provided '
by law for the acquisition of rights of i
way by corporations having the franchise '•
of way for public use, and the damages
sustained by the owners of land so ap- i
propriated to public use as public parks j
containing more than fifteen (15) acres
shall be paid by the city so appropriat- \
ing the came out of any money in the
treasury of said city, not otherwise ap
propriated, but the money so appropriated
and used in any one (1) year shall not
exceed fifty thousand (50,000) dollars, and I
the amount so appropriated shall be in- \
eluded ln the tax levy for the succeeding
year, or be divided Into four (4) parts ;
and included in the tax levy for the four
succeeding years, in the discretion of the
city council of the city so appropriai-
Ing said money. This act Is an additional i
grant of power and shall not be construed i
as repealing any special or general j aw ;
now existing.
Sec. 3. This act shall take effect and
be in force from and after its passage
Approved April ISth, 1539.
CHAPTER 280— H. F. NO. 40.
AN ACT to amend chapter fifty (50) of
the general laws of 1597, entitled "An
act to authorize all cities of the State of
Minnesota having no more than fifty
thousand (50,000) and not less than fifteen
thousand (15,000) Inhabitants, to sprinkle
its streets, lanes, alleys, avenues and
public grounds, and to assess the cost
thereof on abutting property.
Be it enacted by the Legislature of the
State of Minnesota:
Section 1. That section one (1) of chap
ter fifty (50) of the general laws of eigh
teen hundred and ninety-seven (1387) " be !
amended so as to read as follows:
Section 1. All cities ln the State of I
Minnesota having no more than fifty thou
sand (50,000) inhabitants are hereby au
thorized to and shall have power to sprin
kle the streets, lanes, alleys, avenues and ]
public grounds of such city, or any part ]
thereof, and may make contracts for so i
sprinkling the same in accordance with j
this act, on such terms and conditions
as its city council may deem b«st.
Sec. 2. That section two (2) of chapter
fifty (50) of the general laws of eighteen
hundred and ninety-seven (lS9'o, be i
amended to read as follows:
. Sec. 2. All cities in the state of Min
nesota having no more than fifty thou- j
sand inhabitants are hereby authorized
to levy assessments for sprinkling its
streets, lanes, alleys, avenues and public
grounds, upon the property fronting upon
such improvement, as hereafter desig
nated.
Sec. 3. That section four (4) of the gen
eral laws of eighteen hundred and ninety
seven (1527) be amended so as to read as
follows:
Sec. 4. Before any proceedings are hail
by the council, said council shall each
year by ordinance determine what terri
tory in said city shall be sprinkled and
may divide such territory into one or
more sprinkling districts, accurately de
scribing the boundary lines of each u'.s- I
trict; each district so determined shall j
be designated by number, and thereafter
all reference to such district by num
ber shall be deemed a sufficient designa
tion. Said ordinance shall further pro
vide for all supervision and inspection of
said work, and shall designate what offi
cer or officers of said city shall supervise
and inspect said work, ln accordance with
the plans and specifications therefor, and
shall accurately determine tha powers
and duties of such officer or officers, with
reference to all sprinkling contracts
awarded by the city council.
Sec. 4. This act shall take effect and be
in force from and after its passage.
Approved April 18th. 1599.
CHAPTER 281— H. F. N*O. «53.
AN ACT to transfer the assets belong
ing to the reform school fund to the j
general revenue fund of the state, and
to provide for the payment of certain
loan certificates issuer! by the board
of managers of the state reform school;
and care an-1 sale of the old reform
school lands known as "P. W. Inger
soll's addition to St. Paul. "
Whereas. By chapter two hundred and
fifty-'elght (268) of general laws for eight
een hundred and eighty-nine (1889>, the
board of managers of the state reform
school were authorized to and did bor
row money for the purposes of said
school, ond Issue therefor eert'iln certifi
cates of Indebtedness for the payment of
which and of tho annual interest thereon
the revenues expected t« be derived from
the sales of certain lands- Selonglng to
the state were appropriated and set
aside as a special fund for that purpose;
and. —
Whereas, Nearly all of the purchasers
of said lands have abandoned the same
and defaulted in their payments there
on whereby said lands have been forfeit
ed and have reverted to the suate: and
by reason thereof the said special fund
so set aside for the payment of such loan
certificates and interest is practically ex
hausted, and Is and will be insufficient
to meet even the annual Installments of
interest accruing upon said certificates;
and,
Whereas, The state is now in default
In the payment of such interest, there
fore.
Bo it enacted by the Legislature of the
State of Minnesota:
Section 1. To provide for the payment
of ccriain loan certificates to the amount
of one hundred nnd fifteen thousand (113.
--000) dollars issued by the board of man
agers of the stale reform school in ac
cordance with the provisions cf chapter
two hundred and fifty-eleht (255) of the
general laws of Minnesota for eighteen
hundred and eighty-nine fl&Q) there is
hereby appropriated out of ih-? general
revenue fund of the state a sum sufficient
to meet such obligations as they mature,
and the annual interest th-»reun as It be
comes payable.
Sec. 2. The care and control of the old
reform school lands, known as "D. W.
Ingersnll's addition to St. Paul," here
tofore devolving upon the board of man
agers of the reform school. Is hereby
transferred to the state auditor, ex-of
ftcio commissioner of the siate land of
fice; and tho said board of manacers are
accordingly directed to deposit all books,
papers and records of every description
pertaining to such lands with the stato
auditor.
Sec. 3. To reimburse the general reve
nue fund of tha sta'^e for tho moneys
11
1- , a
therefrom appropriated by this act the
following assets of the reform school
lund are hereby assigned and transferred
to said revenue fond:
First— All money in the state trr-asury
to the credit of said reform sahool fund.
Second— All sums now due or to become
due for lots in said D. W. lugersoll's ad
dition to St. Paul heretofore sold or
leased.
Third— All platted and unplatted lots
and lands in said D. W. fngersoll'S ad
dition to St. Paul not sold or contracted
to be sold, and ail such 1 >ts and !.iriJs as
are now or may hereafter be Forfeited to
the state for the non-payment of prin
cipal or interest us provided in the con
tracts of sale thereof.
Sec. 4. The governor, Btate treasurer
and state auditor urn hereby created
and constituted a board for tm- sale and
disposal of the said lots and lands !; sreby
transferred to said revenue fund. Such
property may be by them s .id and dis
posed of from time to thne whenever
said board are unanimously of the opin
ion that it would Ik- advantag .-■ so to
do. Before any sale thereof ; ; i . - prop
eity shn.ll be appraised by three (3) ap
praisers to h- selected by taj I L> ard No
lot or tract shall be Bold for \< >s than
its appraised value. The payments shall
bo the same as Is presided by law Cor
tho snlo of sch ■! la td3. All the pro
ceeda of such sales shall be credited to
the general revenue fund of the state
And the said board re h< nby <
to enter Into an agn cmi til >■. I h ■ City
o! St. PauWo establish a huu c line on
the lots liTthe said tract fronting on
Lexington avenue, thirtj i.'.oj tcel i,.:.-k
from said avenue within (between) which
line and said avanuc no houses or other
structures shall bo built, in order to aid
in beautifying said avenue, if In !h" opin
ion of said board this arrangement will
increase the salable value of said lots.
See. 5. The said board by section four
(4; of this act created »r<- hereby author
ized and empowered to redeem, pay and
cancel the said loan certificates n't any
time after the same become payable, or
to pay off or issuo now certificates for
or continue and extend the time of
payment of the same at a r. I iced rate
of interest not exceeding lour ii> per
cent per annum, as in th-jir judgment
may seem best for tho state. These cer
tificates are hereby d< clared to i>< a prop
er investment for the permanent school
fund and the board of Investment <-
by section ten (It©, chapter one hundred
and Bixty-three I Ight
een hundred and ninety-five <l •.:■."■>. Is au
thorized to make such lnvei 'merit, if It
is deemed advisable, at a rate of not lesa
i than three (3) per cent Interest.
Sec. 6. All acts and parts of acts In
; consistent with this act are hereby re
i pealed.
! Sec. 7. This act .shall take effect and
be in force from and after its passage.
Approved April 18th, i .■:•.
CHAPTER 282— H. F. NO. 610.
AN ACT to appropriate the sum of r»v
en hundred and sixty-two and eighty
eight one-hundredths (702 88-100) dollars,
to reimburse Albert Swonson, Tharald
Kobe, F. Gabrialson and Freeman Keen,
their successors or assigns, for interest
due and damages sustained by reason
of an Illegal gale by the Btate of cer
tain school lands in St. Louis county
Be it enacud by the Legislature of tha
State of Minnesota:
Section 1. That whereas, under the pro
visions contained in title one (1) of chap
ter thirty-eight <3S» of t: : stat
utes of one thousand eight hundred and
seventy-eight (ls7M, entitled, "An act for
the protection and management of public
lands and to provide for the punish:
of trespassers thereon," and acts amend
atory thereto, the commissioner of the
state land office did, on the fifteenth
05th) day of June, A. D. eighteen hun
dred and ninety-one (1891), issue and da
liver to said Albert Sv.cns.n, Tharald
Hobe, F. Gabrialson and Frcoman K>en,
purchasers at a public sale of school
lands held in the County of St. Louis in
accordance with the provisions of tho
laws of this state, his certain commis
sioner's certificate to lot number one (1)
of section numbered thirty-six fSC), in
township numbered forty-nine (40) ranee
; numbered fifteen (15), St. Louis county,
[ Minnesota, upon the payment to said
commissioner by the said Albert Swon
son, Tharald Hobe, F. Gabrialson and
Freeman Keen, of the sum of four hun
dred fifty-six and fifty one-hundr.-»dth3
(45G 50-100) dollars, upon the principal
sum and bid at said sale of tho said \l
-bert Swenson, Tharald Hobe, F. Gabrial
son and Freeman Keen of three thou
thirty-seven (3,037) dollars and the fur
ther sum of one hundred twenty-fi ur and
four one-hundredths (1244-1 s as
interest on Bald principal sum and bio-;
And, whereas, it appears that said sa!a
was Invalid, and that the un
able to convey a sufficient title to the *nld
land by reason or" certain condemn
proceedings had by the Duluth Boom
company; that thereafter the said •
missioner, under and by virtue of
! provisions of section three thousand nine
I hundred eighty-six (3986), of the general
j statutes of one thou
and ninety-four (1594), did refund to the
paid Albert Swenson, Tharald Hofte, F.
Gabrialson and Freeman Keen, their
| assigns, the said sum of four hundi ■■'
fifty-six and fifty one-hundredths •' i
100) dollars paid upon thi
and bid and the sum of on" hundred
twenty-four and four one-hundredths
(124 4-100) dn]lnr?, paid as interesi and
the said Albert Swdisori, Tharald Hobe
F. Gabrialson and Freeman Keen claim
the further sum of two him dr. •! seventy
two and thirteen one-hui 27213
--100) dollars as Interest on the- amount
of four hundred fifty-six and fifty one
hundredths (45650-100) dollars, and the
amount of one hundred twenty-four and
| four one-hundredths (124 4-100) do
j paid by them as aforesaid, and the sum
of four hundred ninety and seventy-five
! onc-hundreuths (4CO 75-100) dollars as
i damages sustain..,! by th< m by reason of
I the expenditure of funds by them for the
( improvement of sai.l land; now, therefore,
Be it enacted by the Legislature of the
State of Minnesota:
Sec. 2. That the sum of seven hundred
sixty-two and eighty-eight one-hun
dredths (76388-100) dollars bo and tha
same Is hereby -appropriated out of r.ny
money in the suite treasury not other
wise appropriates, for th • re
imbursement of the said Albert Swenson
Tharald Hobe. F. Gabrialson and Free
man Keen, their successors or assigns,
as their Interest may be made to appear
under the proper assign! said
land commissioner's yon: the
Btate auditor is hereby directed to draw
his warrant upon the stat
said sum In favor of tho said Mbert
Swonson, Tharald llobe, F. Gabrialson
ai:d Freeman Keen, or their proper suc
cessors or assigns.
Sec. 3. This act shall take effect and
be in force from and after Its passage
Approved April lMth. 1899.
CHAPTER 253 II F. NO. 032.
AN ACT to appropriate money for th#
general expenses of the st ite govern
ment and for other pur]..' -
Be it enacted by the Legislature of tha
State of Minnesota:
Seetipui 1. That the sums of money
hereinafter named, or so much thereof
as may be necessary, are hereby appro
priated from any moneys in the state
treasury not otherwise appropriated, for
the purposes named in the following sec
tions of this act.
Sec. 2. Miscellaneous appropriations for
tho fiscal year ending July thirty-flj t
(31), nineteen hundred (190 tho
riscnl year ending July thirty-first (31),
nineteen hundred and one (1901).
First— For expenses examli Ing, ap
praising and selling I nds,
estimating and scaling pine Um
ber, detecting trespass upon ;:nd
caring for the public lands be
longing to tho state; for Inspect
ing th« output of Iron ore ;;nd
other minerals on state lai
and for expenses Incurred In
prosecutions for trespass upon
public lands of tho state, for
fiscal year ending July thirty-first
(3D, nineteen hundred (1!
twelve thousand dollars $12,000
Second — For tho same purpose for
the fiscal year ending July thir
ty-first (31). nineteen hundred and
one (1001), twelve thousand dol
lars 12,000
Third— For expenses In selecting
and examining :'<>r
th-^ grant of tltutions,
and examining vacant govern
ment lands for Indemnitj school
'land selections, for the Bseal year
ending July thirty-first (M), liiae
teen hundred (1900), two thousand
dollars 2,00*
Fourth— For the same purposes for
the fiscal year ending July thirty
first (31), nineteen hundred and
one (1901), two thous; nd dollars... 2,000
Fifth — For the fees for registers
and receivers of United States
land offices In making abstracts
of final entries of public lands
for taxation, as provided by sec
tion one hundred and ( ..-iii< on
(118) of the genera] tax law, for
the fiscal year ending July '
thlrty-iirst (31), nineteen hundred
(HiOO), two hundred dollars JOO
Sixth — For tho same purposes, for
the fiscal year ending July thirty
first (31), nineteen hundred and
one (1001), two hundred dollars... 300
Seventh— For the payment ol foes
of referees of district courts as
provided by section fifty-five (35)
of the general laws or efarhti en
hundred and eighfy-flve ihi'ii ;"or
the fiscal year ending July thirty
first (31), nineteen hundred (19 ■ .
six hundred dollars 800
Eighth— For the same purposes for
the fiscal year ending July thirty
first (31 1. nineteen hundred and
one (1K>1). sin hundred dollars 600
Ninth — For payment of expenses of
requisitions of fugitives from jus
tice, and rewards for detecting