Skaffaren., May 06, 1891, Image 20

About Skaffaren. (St. Paul, Minn. ;) 1885-1895

Image provided by: Minnesota Historical Society; Saint Paul, MN

                
Approved April 10,1891.
s«*»port of the poor, and other Incidental
as tor the ensuing year."
BBv. A This act shall take effect tad be la
forpe from and after ItB passage.
.lipproved April
1 1891.
.'• CHAPTER 65-8. F. WO. IT.
Jw Act to amend section seventy-five (IS) of
Chapter eleven (11) of the General Statutes
Of eighteen hundred and seventy-eight
(1878), relating to answers In proceedings
to obtain tax Judgments.
Be It enacted by the Legislature of the State
of Minnesota:
SECTION 1. That section seventy-five (75)
of chapter eleven (11) of the General Stat
utes of elenteen hundred and seventy-eight
(1878) is hereby amended by adding at the
end thereof these word#, to wit
Such answer may embrace his defense or
objections to any number of parcels of land
embraced in said list as published, to which
he has any estate, right, title, Interest in or
lien upon.
tec. 2. This aet shall take effect and be la
force from and after Its passage,
Approved Slarth 18, 189L
CHAPTER 68—S. F. WO. 44«.
An Act to ameud section nlnetr-seven of
chapter eleven (11) of the General Statutes
of eighteen hundred and ssveniy-elght
(1878), relating to taxes.
Be It enactcd by the Legislature of the State
Of Minnesota.
8ECTION l. That section ninety-seven (07),
of Chapter eleven (fl) of the General Stat
utes of elgteen hundred and seventy-eight
(1878), as amended by section nineteen (19)of
chapter ten (10) of the General Laws for the
year eighteen hundred and eighty-one (1881),
be and the same is hereby amended, by in
serting after the word "shall" in the first
line of the second proviso of said section the"
word "not," and by striking out the word
"all" In the second Hue of said second pro
viso of said section, and Inserting in lieu
thereof the word "anv."
bfco. 2. This act shall take effect ao& bai#
force from and after its passage.
CHAPTER 87—H. F. KO. '87.
An Act to amend section forty-nine (40) of
Chapter thirteen (13) of the General Stat
utes of one thousand eight hundred and
eeveuty-eigbt (1878), relating to roads, cart
wnys and bridges.
Be it enacted by the Legislature of the State
Of imiesoja:
SICTION 1. That section forty-nine (49) of
ohapter thirteen (li) of the General Statutes
of one thousand cinti hundred and seventy
eight 187)-) be and tie same Is hereby amend
ed so as to read as follows:
Sec. 49. Roads in more than one town
Petition to county commissioners. If twenty
four freeholders of any county con
taining one hundred or more legal
voters and twelve freeholders of any
county containing less than one hundred
legal voters, residing within six (6) miles of
any proposed location, establishment,change
or vacation of a highway, petition the
board of county commissioners of such
county for the location, establishment,
change or vacation of any highway running
Into more than one town of said county, ana
not within the limits of any incorporated
city, whether such highway is connected or
to le connected witn other roads or not
setting forth in such petition the beginning,
course and termination of the highway pro
posed to be located, established, changed or
vacated, together with the names of the own
ers of the lands, if known, through which
the same mav pass, the auditor of such
county shall lay such petition before the
board of county commissioners at their next
session the re tifter.
Sec. 2. This act shall take effect and bain
force from and after Its passage.
Approved April 6,189L
CHAPTER 88—H. F. HO. WT.
Jul Act to amend section thirty-four (94) of
"Chapter thirteen (13) of the General Stat
utes 18."8.
Be it enacted by the Legislature of the State
of Minnesota:
Section l. That section thirty-four (84) of
Chapter thirteen (13) of the General Statute*
one thousand eight hundred and seventy
eight (187k) be amended so as to read as fol
lows: When any number of legal voters aa
aforesaid determine to petition the super
visors for the alteration or discontinuance of
any road, or laying out any new road, tbey
ahull file their petition with the town clerk,
and cause a copv of their petition to be post
ed up In three of the most public places of
the town twenty (20) days before any aotlon
had in relation thereto.
8*o. 2. This act shall take effeot aad be
tat force from and after its passage.
Approved April 20,1891.
CHAPTER 69—H. F. NO. 1080.
Act to amend section two thousand five
hundred and se%enty (2570) of the General
Statutes one thousand eight hundred and
ninety one (1891), relating to railroad oor
coratfons.
[Being section 61 of chapter Si, General
Statutes of 1878.]
Be it enacted by the Legislature of the State
of Minnesota":
SECTION i. That section two thousand fire
hundred and seventy (2570), of the General
Statutes one thousand eight hundred and
ninety-one (1*91). be amended Dy inserting
after "the word minute in the fourth (4th)
line of said section the following proviso:
Provided, all regular passenger trains shall
•top a suilicient length of time at the rail
road station of county seats to receive and let
off passenger* with safety.
Sic. 2. This act shall take effect end be la
foroe from and after its passage.
Approved April 22,1891.
CH APTER 70—S. F. NO. 80.
An Act to amend section one hundred and
Sixty-six (KM) of title three (3) of chapter
thirty four (34) of the General Statutes of
one t'housand eisrht hundrdd and seventy
eight (1*78), relating to corporations.
Be it enacted by the Legislature of the State
Of Minnesota:
SECTION 1. That aestion one hundred and
•ixty-six (16rt) of title three (3) of chapter
thirty-four (34) of the General Statutes of one
thousand eight hundred and seventy-eight
(1878), as the same has been since amended,
be and the snme is hereby amended by adding
thereto the following:
"Or for the purpose of providing, leasing,
furnishing, owning and managing buildings,
halls or apartments for the use of any of the
societies or bodies mentioned in this section,
or for any or either of said purposes."
Sxc. 2. This act shall take effect and be In
force from and after Its passage.
Approved Jan. 29,1891.
CHAPTER 71—H. F. KO. At.
An Act to amend section four hundred end
twelve (412) of tlile eight of»chapter thirty
four of the General Statutes of the State of
Minnesota of one thousand eight hundred
and seveuty-eight (1878), relating to cor
poratiods.
Beit enacted by the Legislature of the State
of Minnesota:
ISXCTION 1. That section four hundred and
twelve (412) of title eight (8) of chapter
thirty-four (34) of ihe General statutes of the
State of Minnesota of one thousand eight
hundred and seventy-eight (1878), relating to
corporations, be and the same hereby Is
amended, by adding the following to said
section, to wit:
"Provided, that any corporation may by its
articles of incorporation or by any amended
article of its articles of incorporation, pro
vide for special, preferred and common
stock, or special or preferred and common
stock of the capital stock of such corpora
tion: and any corporation heretofore or here
after organized without changing its articles
of incorporation may issue its capital stock
as a pan special and a part preferred and a
part common, or a part common and a part
either special or preferred, bv direction of its
board of directors, when so authorized by a
majority of Its stocknolders at its annual
meeting or at a meeting called for that pur
pose,and said Doard of directors, when to eu
tborized by said meeting of said stockholder*,
may give such preference as it may deem
best to such special or preferred stock, or
•uch special and preferred tock."
Bsc. 2. This act shall take effectao^.be la
force on and after its passage.
Approved April 20,1891.
CH A-PTER 72—S. F. WO. SIB.
An Act to amend section one hundred and
tbirtv-four (134) of chapter thirty-six (36)
Of the General Statutes
of eighteen hundred
and seventy-eight (1878), relating to the
state normal schools.
Be it enacted by jhe Legislature of the State
of Minnesota:
SECTION 1. That section number one hun
dred and thirty-four (134) of chapter thirty
six 0(6) of the General Statutes of eighteen
hundred and seventy-eight (1878), be and the
same is heieby amended by inserting after
the words "normal
department" in the fourth
line the following: The diploma from either
the elementary or advanced course of study
of the state normal school shall be valid as a
certificate of qualification of the first grade
to teach in the public schools of the State of
Minnesota for a period covering the time of
the student's pledge of service namely, two
years from date of graduation:
Sec. 2. At the expiration of two years of
actual teaching service the diploma of such
graduate may be Indorsed by the president of
the normal school from which it waa issued,
•and by the state superintendent of public
instruction, upon satisfactory evidence that
such service has been successful and satis
factory to the supervising school authorities
under whom it has been rendered. Such in
dorsement shall make the diploma of the
elementary course a valid certificate for five
years from its date, and the diploma of the
advanced course a permanent certificate of'
qualification.
8EC. 3. Any county or city superintendent
of schools under whose supervision such
graduates may be employed shall have au
thority to suspend such certificates for causes
duly shown, such suspension to be subject to
the same appeal us is provided in the case of
certificates issued by such county or city
superintendents.
SEC. 4. his act shall take effect and be in
force from and after its passage.
Approved April 21,1601.
CHAPTER 78—H. F. WO. 4M .**
Aa am «o emend sMtkm sixteen Of) of
chapter thirty six (36) of the General Stat
utes of oue thousand eight hundred and
seventy-eight ("1878), relating to the organ
izatiou of school districts.
Be It enacted by the Legislature of the State
of Minnesota:
SBCTION l. That section sixteen (IS) of
Chapter thirty-six (36) of the General Statutes
of Minnesota of one thousand eight hundred
and seventy einht (1878) be and the same is
hereby amended by adding to the end of said
section the following: "Provided, fifth, that
whenever the boundaries of any school dis
trict are changed, or any school district is
divided, said commissioners shall make a
division of all moneys, fund and credits be
longing to such district, and shall make an
award of such moneys, funds and credits to
the districts affected by such change, and in
making such award the commissioners shall
take Into consideration the indebtedness, if
shy, of the district so divided, and shall
make such division as they deem Just and
equitable."
Sxo. 2. This act shall take effect aad be la
from and after Its passage.
Approved April in, 18ÖL
CHAPTER 74—H. P. WO. KM.
An Act to amend section thirty-three (88), of
chapter forty (40), of the General Statutes
of eighteen hnndred and seventy-eight
(1878), relating to deeds, mortgages and
otber conveyances.
Be it anacted by the Legislature of the
State of Minnesota:
SBCTIOVI. That section number thirty
three (33), of chapter number forty (40), of
the General Statut-s of eighteen hundred
and seventy-eight (1878), be and the same is
hereby amended by inserting in the third
line, thereof, after the words "secretary of
state." the words, "or In the offloe or the
state auditor."
Sao. 2. This act shall take effMt aad be tat
force from and after its passage.
Approved April 1,1891.
CHAPTER 75—S. F. WO. M.
An Act to amend section two (t) of chapter
forty (40) of the General Statutes of Minne
sota relating to deeds, mortgages and other
conveyances.
Be It enacted by the Legislature of the State
of Minnesota:
SECTION 1. That section two (S) of Chapter
forty (40) of the General Statutes of the State
of Minnesota be and the same hereby is
amended so as to read as follows:
SEC. 2. A husband and wife may convey any
real estate by their duly authorized agent or
attorney ana mav by their joint deed convey
the real estate of the wife, nor shall the mi
nority of the wife affect the validity of such
deed.
The husband or wife of any Insane person
where the Insanity has continued for three
(8) years may by separate deed convey any
real estate owned by such grantor in like
manner and with the same effect as if un
married. If the iqeane husband or wife be
under guardianship the guardian's letters of
authority, or a duly certified copy thereof,
shall be recorded in the office of the register
of deeds of the county in which such real es
tate shall be situated and such guardian's
approval of the conveyance shall be Indorsed
thereon. Without such approval the con
veyance shall not affect the rights of the In
sane husband or wife.
Any corporation may convey its real estate
by an agent appointed by resolution of its di
rectors or governing board.
sco. 3. This act shall take effect and bala
force from and after passage.
Approved April 20,1891.
CHAPTER 76—H. F. WO. mi
An Act to amen# title two (t) of chapter
forty-one (41) of General Statutes of 1878.
Be it enacted by the Legislature of the State
of Minnesota:
SKCTION 1. That title two (9) of chapter
forty-one (41) of General Statutes 1871 be
and is nereby amended by adding thereto a
section to be numbered and to read as fol
lows:
Sec. 13a. Every agreement for extending
the time of payment for manual labor per
formed or to be performed in cutting, haul
ing, banking or driving logs beyond
the date of the completion of such labor
shall be void unless such agreement is in
writing, subscribed by the party to be charged
therewith, ana expressing the true consider
ation therefor, and nniess at the time of the
completion of such labor or the making of
such contract the pc-rson, partnership or
corporation for whom such labor shall be
performed shall execute and deliver to the
person performing the sama, his or its nego
tiable promissory note for the compensation
therefor, with interest, due at suah time as
may be agreed upon. Provided, 1%at it shall
not be competent for any such laborer to
waive any of the provisions of this act, nor
shall the right of such laborer to a lien upon
any property to secure the payment for such
labor be waived by the acceptance of such
note, but such right of lien shall pass with
the note and vest in aud be enforceable by
the holder thereof.
SEO. 2. This act shall take effeofand be In
force from and after Its passage.
Approved April 21, 1891.
CHAPTER 77—S. F. NO. 016.
All/ o amend section five (S), title one (1)
Of jtpter sixty-four (64) of the General
StaS ,iés of eighteen hundred and seventy
eight (187S), and to require the Judges of
the various district courts of this state to
hold the tferms of court and discbarge the
duties of judges in any district in this state
whenever thereunto requested by the gov
ernor of this state.
Be it enacted by the Legislature of the State
of Minnesota:
SECTION 1. That section five (5), title one
(1) of chapter sixty-four (64) of the General
Statutes of eighteen hundred and seventy
eight (1878) be amended so as to read as fol
lows:
Section 5. Judge of one district to act in any
district when requested by the governor—
Whenever a judge of anv district court is in
terested as counsel or otherwise in the event
of any suit or matter pending before said
couri'in any county of nls district, or when
ever the judge or judges of any district court
of this state, either on account of sickness or
on account of the accumulation of business
in any district court In any countv of this
stale are unable to transact said business and
to hear and determine the causes and suits
pendiug therein without unreasonable delay,
the governor of the state 6hall have power,
and it is hereby made his duly, to assign one
or more judges of the district court of some
other district whose duties as such Judge do
not require him to appropriate all of his
time to the discharge of his duties lu the dis
trict where he resides, and in which he has
been elected as judge to duty in the district
,Where on account ot sickness or the accomu
latlo^ of business, the judge or judges are un
able to transact the the business of the court
or to hear and determine the causes and suits
pending therein without unreasonable delay
and the judge of any district so requested by
the governor to discharge the duties of the
judge or Judges of any other district shall
proceed, at the time designated, to hold the
court and discharge the duties of the judge of
anv other district at the place ana for the
time and in ibe manner specified in the re
quest of the governor and whenever a dis
trict judge is a party, or otherwise Interested
in any cause, any other district Judge in this
shall have jurisdiction and it shall be his
duty to transact such business, hear and de
terriiine all motions, grant orders and enter
iudgmants in all such cases brought before
him, eiiher in the district where such action
originated or in any other district, when such
cases are brought before him by consent of
ail parties to the action, and the acts and
judgments of such judge and court* so done
and rendered, shall have the same force and
effect as if done by a Judge of the district
court in which such actions are pending and
in the district where they are pending.
SEC. 2. This act shall take effect and be !&
force from and after its passage.
Approved April 20,1891.
CHAPTER 78-S. F. WO. fl&
An Act amending section 199 of Chapter
three (353) of chapter sixty-six (M) of the
ueneral statutes of one thousand eight
hundred seventy-eight (1878), relating to
new trials.
Be it enacted by the Legislature of the State
of Minnesota:
SSCTIOM l. That said wetioa be, aad the
same is hereby, amended to as to read as fol
lows:
Section Two Hnndred Fifty-Three (988)—A
verdict, report or decision may be vaoated
and a new trial granted, on the application
of the party aggneved, for any of the follow
ing causes materially affecting the substan
tial rights of such party:
First—Irregularity lu the proceedings of
the cqiirt, Jurv, referee or prevailing party, or
any order of the court or re/eree, or abuse of
discretion, by which the moving party was
prevented from having a fair trial.
Second—Misconduct of the Jury or pre
vailing party.
Third—Accident or
surprise whtch ordinary
prudence could not have guarded against.
the General Statutes 1878.
Be it enacted by the Legislature of the State
of Minnesota:
SECTION 1. Section 199 of chapter 90 of the
General Statutes of Minnesota, 1878, Is hereby
amended so as to read as follows: Writs of
injunction, attested and sealed as other
process of the courts, may issue, upon order
of the court, or a judge thereof but the
period during which performance of an act
is staved by injunction forms no part of the
time for performance of such act.
SEC. 2. This act shall take effect and be in
force from and after its passage.
Approved April 21,1891.
CHAPTER 79—H. F. WO. Ml
An Act to amend sections 60 and 61 of chap
ter 66 ot the General Statutes of 1878, relat
ing to service on foreign corporations.
Be It enacted by the Legislature of the State
of Minnesota:
SECTION 1. That sections 60 ana 61 of chap
ter 66 of the General Statutes of Minnesota
for the year of 1878 be and the same Is hereby
amended so as to read as follows:
Section 60. That the summons or any proc
ess lu any civil action or proceeding wherein
a foreign corporation or association is de
fendant. whtch has property within this
state or the cause of action. arose therein,
may be served by delivering a copy of such
summons or process to the president, secre
tary or any other officer, or to any agent of
such corporation or association and such
service shall be of the same force, effect and
validity as like service upon domestic cor-
orations provided, if anr such corpora
or association has, by an appointment in
writing filed with the secretary of this state,
appointed or designated some person or resi
dent of this state upon whom summons or
process can be served.sueh summons or proc
ess shall be served upon such person so des
ignated and provided further, that any such
action or proceeding may be commenced and
tried In any county in which the cause of ac
tion aose, subject to be removed for cause as
in other cases.
Section 61. This act shall have full foroe and
effect notwithstanding any provision* of the
General Statutes or other law of the state in
consistent herewith.
sic. 2. This act shall take effMt and be io
force from and after lu passage.
Approved April 1, lt*9L
CHAPTER F. »O.IA
4j» Aetf —ind imHm If»»
Fourth—Excessive or inadequate and In
sufficient damages, appearing to have been
given under the influence of passion or
prejudice.
Fifth—That the verdlot report or decision
is not justified br the evidence, or Is oontrary
to law.
Sixth—Wewly discovered evldenoe.material
for the party making the application, which
he could not, with reasonable dlllgenoe, have
discovered and produced at the trlaL
Seventh—Error in law occurring at the
trial and excepted to by the party making the
application.
SEC. 3. This set shall take effect aad be in
force from and after its passage.
Approved March 24,1891.
CHAPTER 81—S. F. *0.98.
Aa Aet to amend section one (1 of ehapte*
sixty-eight (68) of the General Statutes of
eighteen hundred and seventy-eight (1878),
relating to homesteaa exemption.
Be it enacted by the Legislature of the State
of Minnesota:
SECTION 1. That section one 0) of chapter
sixty-eight (68) of the General Statutes of
eighteen hundred and seventy-eight (1878) be
and the same is hereby amended oy inserting
after the word "lot," in the sixth line thereof,
the following words: "Of the original plat
or any rearrangement or subdivision of such
plat or of any part thereof, as the same
Bhall exist at the date of the commence
ment of the action or proceeding, In
which the execution or other process hereln
sfter mentioned shall issue, or of the death
under wbfch the homestead is claimed, or, in
case the buildings occupy parts of two or
more lots as legally platted at the time the
exemption Is claimed, a quantity of land not
exceeding in area one of the original lot* in
the same block."
Sec. 3. iNothing herein contained shall ap
ply to or affect any action or proceeding now
pending In any court in this stale.
Sec. 3. All acts and parts of acts incon
sistent with the provisions of this act are
hereby repealed.
Sec. 4, This aot shall take effMt aad be lm
foroe from and after its passage.
Approved Maroh 16,1891.
An Aet to amend section tve (2) of chapter
•txty-nlne (99) of the General Statutes of
eighteen hundred and seventy-eight (1878),
reisting to convejiances by married women.
Be it enacted by the Legislature of the State
of Minnesota:
SECTION 1. That section two (3) of chapter
sixty-nine (89) of the Geners! Statutes of
eighteen hundred and seventy-eight (1878) be
and the same is hereby amended by adding
after the words "three years," in the eighth
line thereof, the following words: "ana in
struments releasing dower in lands of a
former deceased husband."
SEC. 8. Nothing herein contained shall ap
ply to or affect any action or (proceeding now
pendiug in any court in this state.
Sxo. 8. All acts and parts of acts laoon*
slsteut with the provisions of this act are
hereby repesled.
•sc. 4. This aot shall take effect and be In
force from and after lta passage.
Approved March It, 1891.
CHAFTBR 88-S. F. WO. 80.
An Aet to amend section twenty-eevén fff)
of chapter seventy (70) of the General
Statutes as the same Is amended by chapter
eighty (80) of the General Laws of eighteen
hundred and seventy (1870), relating to fees
of Jurors.
Be it enacted by the Legislature of the State
of Minnesota:
SECTIOH 1. i hat section twenty-seven (97)
of chapter seventy (70) of the General Statutes
as ihe same is amended by chapter eighty (80)
of the General Laws of eighteen hundred
and seveuty (1870) be and the same is hereby
amended so as to read as follows:
Section 27. Each grand and petit Juror
shall be entitled to two (2) dollars for each
day's attendance upon any district court, and
ten (10) cents for each mile traveled In going
to and returning from the said court, tha
distance to be compiled by the usual traveled
route, and paid out of the county treasury of
the county in which the service was so
rendered.
The clerk of the district court shall deliver
to each juror a certificate for the number of
days' attendance and miles traveled, for
which he is entitled to receive compensation.
Each juror sworn before any coroner, or
any inquest taken by him, is entitled to one
(1) dollar for each day's attendance on snch
inquest, pnd ten (10) cents for oach mile trav
eled in going to and returning from the place
of holding the same, the distance to be com
puted by the usual traveled route aud paid
out of the county treasury of the county In
which the service was rendered. The cor
oner shall deliver to each juror a certificate
for tbe number of days' attendance and miles
traveled, for which he Is entitled to receive
compensation.
Each Juror sworn In any aotlon pending in
a Justice oourt or before any sheriff on a writ
of inquiry is entitled to one (1) dollar, to be
paid in the first Instance in all civil actions
by the party requiring such Jurors.
Provided, that the certificate of the clerk
for services rendered as such Juror in the dis
trict court, or by the ooroner. shall be filed
with the-county auditor, who shall at once
thereafter issue'hls warrant or. the treasurer
of his county for the amount due, which cer
tificate shall be a proper and sufficient vouch
er for the issuance of said warrant.
Provided, further, that the provisions of
this act shall uot apply to the counties of
Ramsey, Hennepin and St. Louis.
SBO. i. All acts and parts of acts inconsist
ent with the provisions of this aot be and the
same are hereby repealed.
ssc. a. This act shall take effect aad be in
force from and after its passage.
Approved April 31, 189L
An Aet repealing sections fifteen (15), sixteen
(19), seventeen (17), eighteen (18) aud nine
teen (19) of chapter seventy-one (71) of the
General Statutes of 1878 relating to struck
Juries.
Be it enacted by the Legislature of the State
of Minnesota:
SacTioN 1. That sections fifteen (15), six
teen (IB), seventeen (17), eighteen (18) aud
nineteen (19) of ohapter seventy-one (71) of
the General Statutes of 1878, relating to
struck Juries, be and the same are hereby re
pealed.
SEO. 3. The repeal of the foregoing sec
tions shall not In any way affect the validity
of any trial of any case by a jury drawn as
provided in ihe'foregolng sections of ohap
ter seventy-one (71) that mar have been
drawn before the passage of this act.
Sac. 3. This act shall take effect and b# ia
force from ana after Its passage.
Approved March 20,1891.
CHAPTER 85-H. F. NO. 168.
AO Aot to amend section twenty-six (99) ot
Chapter one hundred and seveu (107) of the
General Statutes of one thousand eight
hundred and seventy-eight (1878).
Be it enacted by the Legislature of the State
of Minnesota:
SECTION 1. That section twenty-six (26) of
chapter one hundred and seven (107) of the
General Statutes of oue thousand eight hun
died aud seventy-eight (1878) as amended ny
chapter twenty-one (21) of the Ueneral Laws
of one thousand eight hundred andeighty
five (1885) is amended bv adding thereto the
followlug: Provided, that in counties where
by law a grand jury is not required to be re
turned to every term of court, the court mav,
by an order entered In the minutes, continue
the grand jury from any term at which the
grand jury is in session to ttaother subse
quent term at whichJno grand jury is re
quired to be returned and at said subsequent
term may again continue Mud grand jury to
another subsequent term to which no grand
jury Is required to be returned and, in case
of any such continuance, the court shall, lu
said order, fix tbe time in said uubsequen
term for tbe meeting of said grand Jury. A
rand Jury, continued, as aforesaid, shall
the same powers at suoh subsequent
term of court, as if returned to said term, and
in case, for any reason, less than a quorum
of such grand Jury is present at tbe adjourned
day additional lurora may be returned
forthwith to supply the dettciency: provided,
that the provisions of this act shsli only ap
ply to counties In which six (6) or more reg
ular terms of oourt are provided for by law
in any one year.
Sic. 3. This act shall be in ferae froaa the
time of its passage.
Approved April 6,1S0L
An Aet to amend the penal code of the State
of Minnesota by adding to title nine (IX)
of said penal code, chapter nine (IX), re
lating to slander of females
Be it enacted by the Legislature of the State
of Minnesota:
SacrioM 1. That title nine (IX) of the penal
code of the State of Minnesota be, and tbe
eame hereby is, amended by adding to said
title nine (IX) another and further chapter
to be known ee ohapter nine (IX) of said
title nine (IX) and to read as follows:
Chapter IX.
Slander of Females.
Section 921
(a) Slander of Females Defined
—A pereon who, in the presence and hearing
of another, other than the female slanaered,
whether snob female be present or not. ma
ioiouBly speaks of, or concerning any fe
t»elve (lynreaa oc
MINNESOTA LAW SUPPLEMENT, CONTAINING THE GENERAL LAWS PASSED DURING THE SESSION OF
wards, not a public prostitute, anr false or
defamatory words or language, which injures
or Impairs the oharacter of aach female for
virtue or chastity and which expoees such
female to hatred, oontempt or ridicule, 1»
guilty of a misdemeanor.
Section 231 (b) Any alander mentioned in
the preceding section is to be deeded mall
cious If no justification therefor li shown.
%nd is Justified when the language, charged
as slanderous, false or defamatory, is true
and was spoken for good motives and for
Justifiable ends.
Section 291 (c) We eon
vie tion oan be bad
under any of the provisions of this chspter,
upon the teetimony of the female slandered,
unsupported br other evidence, but must
be proven by the evldenoe of at least two
(2) persons, other than suoh female, who
heard'and understood the langnage charged
as slanderous, or by the admissions of the de
fendant.
Sao. 2. This act ehall take effect aad be In
force from and after lts paasage.
Approved Apri 90,1ML
CHAPTER fT-9. F. WO. 999.
An Aot to amend section two hundred thirty
one (381) of an aot of the state legislsture
approved March 9, A. D. 1885. entitled "An
act to establish a penal code, said section
relating to public traffic on the Sabbath day
and the penalty for Sabbath breaking.
Be it enacted by the Legislature of the State
of Minnesota:
SecTioN 1. Seotion two hundred thirty ons
(331) of said act is amended by striking from
the last line of said section the words
Approved Aprtl 91.189L
Approved April 17,1891.
Aa Aot te amend seotion twe hnndred and
thirty-five (336) of the penal code of the
State of Minnesota, relating to the orlme et
rape.
Be It enacted by the Legislature of the State
of Minnesota:
SacTioN 1. That seotion two hundred and
thirty-five (238) of the penal code of the State
of Minnesota, relating to the crime of rape,
be amended so as to read as follows:
Section 233. Rape Defined—Rape la an aot
of sexual intercourse with a female not the
wife of the perpetrator, committed against
her will or without her consent A person
perpetrating such an act of aexi&I inter
course with a female of tbe age of fourteen
(14) years or upwards not his wife,
1. When through idiocy, imbecility er any
unsoundness of mind, either temporary or
permanent, she is incapable of giving con
sent or
2. When her resistance la forcibly over
come: or
3. When her resistance la prevented by
fear of Immediate and great bodily harm,
which she has reasonable cause to believe
will be inflicted upon her: or
4. When her resistance Is prevented by
stupor or by weakness of mind, produced by
an intoxicating, nareotlo or anns
the
tic agent
administered by or with the privity of the
defendant or
5. When she is at the time unoensolous of
the nature of the act, and this is known to
the defendant,
Is punishable by Imprisonment In the
state pris»n for not less than five (5) nor
more than thirty (80) years.
SEO. 2. This act shall take effect and be in
force from and after its passage: provided,
that the provisions of this act shall aot ap
ply to any offenses committed before this
act takes effect, and as to all suoh offenses
the law In force at the time such offenses
were committed shall continue and be in
force the same aa If this aot had sat been
PftHftd.
Approved AprH 17, 199L
CHAPTER 80—8. F. WO. IT1.
An Aet to amend section two hundred and
forty-five (248) of the Penal Code of the
State of Minnesota, relating to indecent as
saults upon female persons.
Be Henacted by the Legislature of tha State
of Minnesota:
SECTION 1. That section twe hundred end
forty-five of the Penal Code of tbe State of.
Minnesota, relatingto indecent assaults upon
ismale persons, be amended so as to read as
follows, to wit:
Section 243. Indecent Assault—Any per
*son who takes anr indecent liberties with or
on the person of any female, not a publio
prostitute, without her consent expressly
glveu. and which acts do not in law amount
to a rape, an attempt to commit a rape, or an
assault with intent to commit a rape, or any
person who takes such Indecent liberties
with or on the person of any female child
under the age of fourteen (14) yeara, without
regard to whether she consents to the same
or not, is guilty of a felony.
SEC. 2. This act shall take effect and br In
force from and after its passage: provided,
that the provisions of this act shall not npply
to any offenses committed before this act
takes effect but as to ail such offenses tbe
law in force at the time such offenses were
committed shall continue and be In force the
same as If this act had not been passed.
CHAPTER 90—S. F. WO. S94.
An Act to amend section two hundred and
thirty-six (2.'ttl) of the Penal ('ode of the
State of Minnesota, relating to the carnal
knowledge and abuse of children.
Be it enacted by the Legislature of the State
of Minnesota:
SECTION I. 'l'hat section two hundred and
thirty six (i'36) of the Penal Code of the State
of Minnesota, relating to the carnal knowl*
edge and abuse of children, be amended so
as to read as follows
Sec. 236. Carnal Knowledge of Children—
Whoever carnally knows and abuses any fe
male child under the age of sixteeu yean
shall be Diinlslicd as follows:
1. If the female child Is under the age of
ten (10) years the person perpetrating the act
shall be punished by imprisonment in the
state prison for life.
2. If the female child Is ten (10) years of
age, and under the age of fourteen years, the
person perpetrating such act shall be pun
ished by Imprisonment in the state prison
not less than seven years nor more than
thirty years.
3. If the female child Is fourteen years of
age and under sixteen (16) years of age. the
person perpetrating such act shall be pun
ished by imprisonment in the state prison
not less than one vear, nor more than seven
years (or by imprisonment in the county Jell
not less than three months nor more than
one year).
SEC. 2 This act shall take effect and be in
force frsin and after its passage: provided,
that the provisions of this act shall not apply
to offenses committed before this act takes
effect, and as to all such offenses the law in
force at the time thoy were committed shall
continue and remain In full force the same
as if this act had not been passed pro
vided further, that nothing In this act shell
be construed as repealing or In any manner
affecting section five hundred snd thirty
(530) of tbe Psnal Code of the State of Min
nesota, relating to the sentence of minor
pcreons under the age of sixteen yean.
Approved April 30,1891.
OHAPTER 01-3. F. WO. 89.
An Apt to amend section two hundred and
sixty-three (363) of the Penal Code of me
State of Minnesota.
Be it enacted by the Legislature of the State
of Minnesota:
SSCTION 1. That seotion two hundred and
alxty three (968) of the Penal Code of the State
of Minnesota be amended so as to read as fol
lows, to-wit: If any man and a single woman
cohabit together they shall be both guilty of
fornication and be punlsbed by imprisonment
in the county Jsll for not more than ninety
(93) days, or by fine net exceeding one hun
dred (910C) dollars.
SEC 2. This act shall take effect and be in
force from and after Its passage.
Approved March 19, lnll.
An Act to amend chapter five (8) of title fif
teen (IS) of the Peual code of the State of
Minnosota.
Be it enacted by the Legislature of the State
Minnesota:
SECTION 1. That chapter five (5) of 'title
fifteen (13) of the penal oode of the state of
Minnesota be and tbe same is hereby
amended by inserting after section 440 the
following:
Section 440a. Any person indebted to an
other for labor, or any agent of any person,
en-partnership or corporation so indebted,
who khatl. with intent to secure from such
Isborer a discount upon the payment of stfth
indebtedness, wilfully refuse to pay the
same, or falsely deny the amount or validity
thereof or that the same is due. Is guilty of
extortion and »punishable as provided by
section four hnndred and thirty-nine (439) of
said code.
Sac. 2. This act shall take effect and be in
force frqm and after its passage.
Approved April 31,1SS1.
CHAPTER 93—8. F. WO. Vt.
An Aet to emend section four hundred end
ninety-one (401) of tbe nensl code of the
state of Minnesota relating to injury to real
or personal property.
Be It enacted by the Legislature of the State
of Minnesota:
SecT.-oir 1. That eeetion four hundred and
ninety-one (Ml) of the peual code of tbe
State of Minnesota relating to injury to real
or personal property be amended so as to
read as follows:
Section 491—Injury to real or personal prop
erty—A pereon who unlawfully and willfully
destrove or Injures any reel or personal prop
erty of another, whlcn is not specially de
scribed herein, aud where tbe punishment
thereof is not specially prescribed by statute,
is rtillty of a misdemeanor, and iqpuuishable
as follows:
First—If tbe value of the property de
stroyed. or the diminution in the vslue of tbe
property by the lnjory, is less than tweaty
(20) dollars, by imprisonment In the county
Jail for not more than three (3) months or by
a floe of not more than one hundred (100)
dollars.
Second—If the value of the prooertv de
stroyed, obitbe diminution in the value of the
property oy the injury, is twenty doliais, or
more, by Imprisonment in the county Jail for
•Macs*
1MB«9»|«9*M!f to* 9t
more than five hundred (900) dollars, or by
both such fine and imprisonment
Third—And in addition to the punishment
prescribed therefor, he Is liable in treble dam
ans for the Injury done, to be recovered In a
.civil action by the owner of such property, or
the public officer having charge thereof.
Ssc. 3. This aot shall take effect and be in
forae from and after its passage provided,
that the provisions of this act snail not apply
to any offenses committed before this act
takes effect but as to such offenses, the pro
visions of the iaw as it existed prior to this
amendment shall continue and be deemed in
full force.
Approved April 31,1891.
both."
SEO. 9. This aet shall take effect end be la
force from and after Ite paseage.
An Act to amend section one (1) of title three
(3) of ohapter one (1) of the General Laws
of the year one thousand eight hundred
and seventy-two (1873) relating to lnsur
aaoe.
Be it enacted by the Legislature of the State
of Minnesota:
SBCTIOX 1. That seetien one (1) of title
three (3) of chapter one (1) of the General
Laws of one thousand eight hundred and
seventy-two (1872) be and the same is hereby
amended so as to read as follows:
Sec. 1. It is unlawful for insurers er their
agents to make, negotiate or solloit, within
this state, any contract of insurance except
as authorisea in this act provided, however,
that this aet shall not be con^rued to apply
to reciprocal contracts of indemnity against
loss by fire made by manufacture» with each
other.
SBO. 2. This act shall take effeot and be te
force from and after Its passage.
Approved April 31,189L
An Act to amend seotion 9 of chipm w ir
the General Statutes of 19T5, ia relation to
town insurance oompanlea.
Be it enacted by the Legislature ef the State
of Minnesota:
SECTION 1. That section 9 of chapter 98 of
the General Statutes of 1879 be, and the same
is hereby emended by adding thereto the fol
lowing words:
Provided, That in eases where the olalm for
loss so presented does not exceed the sum of
one hundred dollars, no meeting of directors
nor appointment of committee shall bs
requisite, but the amount of such loss msy be
ascertained by the president, secretary or
treasurer, or two of them, with the name
right of appeal as hereinbefore provided for.
Hxo. 9. This act shall take effect and be la
force from and after its paaeage.
Approved March 10,1891.
An aet to amend chapter ninety-one (91) of
the Genera! Laws of 1878 relating to the
adoption of children.
Be It enacted by tbe Legislature of the State
of Minnesota:
SECTION 1. That sectioureix (9) of chapter
ninety-one (91) of the General Laws for the
year 1876 is amended by adding thereto the
following:
Provided, That naaa the request ef aay
person adopting a child, ths oonrt msy de
cree lhat tha child so adopted shall be the
heir of said person, and In that case ssld
child shall inherit from said parent In the
sams manner in ail respects as if born to said
parent in lawful wedlock. In cases of adop
tion heretofore, where it is provided in the
decree that the ehlld shall be the heir of the
parent adopting, said decree Is declared to
be valid and effectual to eonstltnte such child
the heir of said parent and, where the de
cree does not so provide, a further decree
may be entered upon applloation of the par
ent adopting, constituting suoh child the
heir ot (uoh parent in all respeeta aa afore
Mid.
BEO, 9. This act shall b* in foroe from the
time of its passage.
Approved AprD 1,1991.
An Act to amend section one or chapter 106
of the General Statutes of 1879 in referenoe
to public libraries and reading rooms.
Be it enacted by tha Legislature of the State
of Minnesota:
SECTION 1. That seotion one (1) of chapter
one hundred and six (100) or the Osneral
Statutes of 1879. lu reference to publio libra
ries and reading rooms, be ana the same is
hereby smended by sdding at theend thereof
the following woras:
And the board of directors In this ohapter
provided for shall have power, in their dis
cretion. to admit to the benefit of any such
library persons not residing within the corpo
rate limits of the city or village, and they
shall execute a contract in writing lu the
form of a bond to the village, or cltv council,
to be approved by the ooard of directors, con
ditioner! to make good all damage to, or loss
of. books Issued U thsin. with sufficient sute
ties, and covenautlng that the person so re
volving the benefits of the library shall stall
times conform to all ths laws, rules and
regulators governing the said library.
And such non-resident patrons shall pay
for such privileges such sums, and at sucn
times, as may be by the directors prescribed,
into the village treasury for the use of said
library.
Sco. 2. This act to take effect and be in
force from and after Its passage.
Approvea March 16, 189L
CHAPTER 98-H. F. NO. 198.
An Act to amend sectlou oaa (1) of obaptcr
one hnndred and seventeen fll7) of the
General Laws of one thousand eight hun
dred and elglny-one (1881), relating to town
Insurance companies.
Belt enacted bv the Legislature of the State
of Minnesota:
SECTION 1. That section one (1) of chapter
one huudred and seventeen (117) of the Gen
eral Laws of oue thousand eight hundred and
elghty-ono (1HH1 be and hereby is amended
so as to read as follows: Any Insurance
company heretofore or hereafter organized
under chapter el«luy three (83) of the Gen
eral Law* of one thousand eight huudred
and seventy-five (1K75). entitled "An act
authorizing the formation of town Insur
ance companies," may al any regular an
nual meeting of Its members, or at any
special meeting after thirty (HJ) days' notloe
to all members, by a majority vote of those
present, smend Us articles of association so
as to include in its organization other ad
joining towns not nlready included therein.
Companies already orgsnlzod embracing
towns in two or mor» adjoining counties
may annex uot to exceed three adjoining
towns from any county adlolnlng the oounty
in which the business of the company is lo
cated. Amended articles of association must
be signed, executed, spproved and filed the
same as original articles.
Ssc. 3. This act shall take effect and be In
force from aud after lis passags.
Approved April 30,1801.
An Aot amending chapter one hundred aad
forty-four (144) of General Laws of one
thousand eight hundred and elghty-flve
(18H5). relating to weighing and Inspection
of grain.
Be It enacted by the Legislature of the Stata
Of Minnesota:
SSCTION 1. That section seventeen (17) of
Chapter one hundrea and forty-four (144) of
the General Laws of tbe year one thousand
eight hundred and elgbty-five (1883) be and
the name Is hereby amended so as to read as
follows:
"Section 17. Said state welglimastcr and
aeslstants shall at tbe places of St. Psul. Min
neapolis, Duluth snd St. Cloud supervise and
have exclusive control of iho weighing of
:raln and other property which sub
to Inspection, except wuea otherwise
ordered or directed by the party shipping the
same, and the inspectiou of scales, and ,'he
action and certificate of sucn welghmaater
aud assistants, in the discharge of tnelr »aid
aforesaid duties, shall be conclusive upon all
parties in interest,"
Ssc. 3. That said chapter one hundred end
forty-four (144). General Laws, oue thousand
eight hundred and eichtr-five (1885) be and
the same Is hereby amended by adding there
to the following section:
"Section 30. That wherever the cities of
St. Paul. Minneapolis and Duluth are named
in this chapter, ine name of St. Cloud sball
be included, and the provisions of said chap
ler shall be construed to extend to ssld city
of St. Cloud to the same extent as to said
cities of St. Paul, Minneapolis and Duluth."
Sxo.:(. This åct shall take effeot aad bate
foroe from and after Its pasaage.
Approved April 20, lftOl.
CHAPTKR 100—H. P. NO. 886.
An Act to amend chapter one nunared and
forty-five (Ufo of the General Laws of. one
thousand eight hundred and elghiy-flve
(I88.V). being an act entitled "An Act to
provide for tbe incorporation of villages
and to detiue their duties and powers and
to repeal certain laws lu relation thereto."
Be it enacted by the Legislature of the State
of Minnesota:
SECTION 1. That section twenty-two (33)
Of chapter one hundred and forty-five (143)
of the general laws of one thousand eight
hundred and elshty five (188")) is hereby
amended by adding at the end thereof the
following: "Provided, hnwever, that any
Village of this state shall have the power to
Issne negotiable certificates of Indebtedness
for the purpose of purchasing fire engines
abd necessary apparatus for the extinguish
merttof fires for the use of said village,
höt no certificates of indebtedndss shall be
Issued for said purpose unless the amount of
certificates that may be issued has been sub
mitted to a vote of the legal voters of such
vllkage at some special or general election of
hM village, and a majority of the legal
voters voting at such election have voted
InTlrvor of issuing said certificates. Said
cerfTOcates so authorized may be for such
tMt-and of such denomination, and of tuc.h
form and bear such rate of Interest, payable
amfoally, not exceeding, however, six (6)
per cent per annum, as tne village counctl
may by resolution determine provided, how
ever, that the amount of such certificates
outstanding at any one time shall never be in
excess of Ave (5) per cent of the assessed
valuation of tbe real and personal property
of tbe village Issuing the same, including
•11 otber Indebieness of such village."
Sxc. 2. Tbat section forty-two (42) of chap
ter one hundred and forty-live (14A) of tne
General Laws of oue thousand eight bun-
Sso. 3. This act shall take effect aad be
in force from and after Its passace.
Approved April«, iMi.
An Act to amend an act entitled "An aot to
provide for the incorporation of villages
and to define their duties and powers, and
to repeal certain laws in relation thereto."
being chapter one hundred and forty-five*
(14S) of the General Laws of one thousand
eight hundred and eighty-five (1*86), so
that the village of Harris, !n Chisago coun
ty. Minnesota, shall be a separste election
and assessment district, ana be separated
in all municipal affairs from the towtft of
Sunrise aud Insh Lake.
Be It enacted by the Legislature of the State
of Minnesota:
SSCTION 1. Chapter one hnndred and
forty-five (143) of the General Laws
of one thousand eight hundred and
eighty-five (1883) be amended so that the pro
visions thereof relating to election and as
sessment districts and to collecting and pay
ing over taxes for village purposes shall uot
apply to the said village of karris, Chisago
oounty, Minnesota, and that said village of
Harris shall constitute a separate elootion
district for all elootion purposes from the
towns of Sunrise and Fish Lake, in which
said village is located. Provided, that an
election held in said village shall be subject
to the provisions of eald ohapter one hun
dred and forty-five (143) relating to the eleo
tion of village officers.
Provided further, That all general elections
held in said village shall be subject to the
provisions of the general election laws of
the state.
SEO. 3. The villajre oouncll of said village
shall, at their first (1st) meetlng.ln the month
of April, in each year, elect an assessor, who
shall be styled the village assessor, who sball
perform all the duties In relation to assess
ing of property for ibe purpose of levying of
all village, school, county and stats taxes,
and upon completion of the assessment roll
he shall deliver the sams to ths village board
of equalization, who may alter, revise and
equsllze the same as they may deem it Just
and proper said village assessor shall bold
bis office for one (1) year, snd until his suc
cessor is elected snd qualified. Provided,
however, that said village assessor sball be
subjeot to. and be governed by. ths general
laws of the state relating to assessors and
their duties.
a. All taxes levied en the taxable
property within said village, except for im
provement of streets, hlehwsys, sidewalks
and crossings, shall be levied and collected as
prescribed by the statute of this state for the
levying and collection of township taxes,and
it snail be the duty of the county treasurer of
said Chisago county to pay over to the village
treasurer of said village, and for the use of
said village, all the money collected as taxes
on all the taxable property taxed within said
village of Harris.
SEC. 4. All acts or parts of sots inconsist
ent herewith ars hsreby repealed.
6sc. 3. This act shall take effect and be la
force from and after Its passage.
Approved April 11,1891.
CHAFTBR 199-9. F. We. 199.
Aa Act to amend subdivision thirteenth (19)
of section twenty-one (21) of ohapter one
hundred ana forty-five (143) of the General
Laws of ths State of Minnesota for the
year one thousand eight hundred and
eighty-five (IBM.')), relating to the iuuorpor
atlon of villages.
Be it enacted by the Legislature of the
State of Minnesota:
SECTION 1. That subdivision thirteenth (18)
section twenty-one (91) of ohapter one
and forty five (146) of the General
Laws cf one thousand -eight huudred and
elghtv-five (1883) be amended by inserting
after the word "markets" the words "provide
scales, appoint a wrlshmaster," so that said
subdivision shall rea1 as follows:
Thirteenth—To establish and regulate mar
kets, provide scale* appoint a welghmaster
snd restrain sales in streets.
hso. 3. This aot shall take effect and be In
force from and after its passsge.
Approvsd April 21, 1891.
CHAPTER 108—S. t. Wo. 911.
An Act to ameni section 18 of chapter 14ftof
the Ueneral Laws of 1883, so as to permit tbe
people of the village of AnnaiKlale. In
Wright county, to hold their annual village
election on the third Tuesday In March la
each year.
Be it enacted by the Legislature of the Stata
of Minnesota
That section sixteen (18) of
chapter oue hundred and forty five (145) of
the General Laws of one thousand eight hun
dred and eighty live lHR"t, relntinn to the In
corporation of villages lu the State of Minne
sota. be and the same Is hereby amended so
as to permit the people of ihe village of An
liiind ilo, in the county of Wright, to hold
their annunl vllluite elections on the third
Monday of Marcli in oach year.
Src. ». That the provisions of this aot
shall spply to said viilags of Annandala» la
said countv of Wright, only.
SEO. 3. This act shall take effeot and b9
la
force from and after Its passage.
Approved Msrch 3, 181)1.
An Act to amend chapter one hundred and
forty-Heveu of the General Laws of .1880, en
titled "An act to regulate the practice of
phiirmncj, the licensing of persons to carry
on such practice, and tTie sale of poisons in
the state of Minnesota," and to repeal chap
ter twciity-iilue of the General Laws of iM,
amendatory thereof.
Be It eiiHcU'd by the Legislature of the State
of Minnesota:
1. That section one (1) of said
chnptei one hundred and forty-seven (147)
be aud is hereby amended so as to read as
follows:
"Section 1. That except as fh this aot pro
vided, it ehall hereafter be unlawful for any
person to retail, compound or dispense
driiRs, medicines or poisons, or to Institute
or conduct any pharmacy, store or shoo for
retailing, compounding or dispensing drugs,
medicines or poisons, unless such person
elmll be a registered pharmacist, or shall em
ploy, place and keep in active charge and
control of said pharmacy, store or shop, a
registered pharmacist, within the full mean
ing of this act."
SKI That section two (9) of said chap
ter one hundred and forty seven (147) bo and
Is hereby amended so as to road as follows:
Section 2. To he entitled to registration as
a pharmacist within the full meaning of this
act. the applicant must be a graduate iu
pharmacy, or a graduate In medicins, within
the requirements of this act. or he must be
not less than twenty-one (31) years of age,
and have had four (4) years' practical expert
cnce In drug stores where prescriptions of
medical practitioners have been usually com
pounded, and have sustained a satisfactory
examination iefore the board of pharmacy
of ihe state of Minnesota, or he must be at
the tnne of the passage of this act a regis
tered assistant.
Nothing in this section contained shsll
Impair ihe validity of any regiftrallon bere
totore granted by said board. But not
withstanding anything in this section
hereinbefore contained, anv person who
was on the Mh div of March. entitled to
registration as a registered phiirmacist. and
who Is at the time of the passage of this act
ongaged In the business of a dispensing
pharmacist In the State of Minnesota, uud
who shall within thirty
sage of this act llle with the secretary of said
board an application for regUtistlon, accom
panied wlili his affidavit thai lie was on the
ftth day of March uforesald, as weli as at the
time of the passage of this act, so engaged,
shall be granted a cerilflcato of reglsiratlou
without examination.
Sko. :i. Thai section three (8) of said ohap
ter one hundred and forty seveu (147) be and
is hereby amended so as to read as follows:
Sec. i. A graduate in pharmacy or In
medicine must lu order lo be* so registered
have had four d) years' practical experi
ence In dm? stores where prescriptions of
medical practftloucrs have been usually
compounded, and have a diploma from a
coliene or school of pharmacy or medicine,
satisfactory to said board of pharmacy, as
sufficient gusrsntee of his attainments snd
profieieuey, or he shall be legally entitled lo
practice medicine In the Slate of Minnesota.
SEC. 4. That section four (I) of said ensp
ter one hundred and forty-seven n-17) be and
Is hereby amended so as to read as follows:
Sec. 4. The said board of pharmacy may
at ihelr discretion grant registration end a
certificate thereof to any pharmacist licensed
or registered by the board of pharmacy
of any other state, either after or wltn
out further examlnstloD. It sball he
the duty of said board to grant an assistant's
certificate to any person not less than eight
een (18) years of age who shall have had two
(3) years' practical experience In drug stores
wncre prescriptions ot medical practitioners
have been usually compounded.and who shall
have passed satisfactory examination be
fore ssld board of pharmacy of Minnesota
which certificate shall entitle such person to
act only as an assistant to a registered pharma
cist personally conducting his own business
as such, and shall not entitle such asrlstant
to engage in business on bis own account, or
as manager, to conduct a drug store, or to
transact a pharmacy business for another
party.
Sec. a. That section nine (9) of said chsp
ter one hundred and forty-seven (147) be and
is hereby amended so as read as follows:
8cc. Rvery person claiming registra
tion as a registered pharmacist under this
act shall, before a certificate Is granted, pay
lo the secretary of the board of pharmacy tho
sum of two :2) dollars and every appli
cant for registration upon examination,
whether as a pharmacist or as an assistant,
shall pay to said secretary ihe sum of five (5)
dollars before such exaiu'.natiou sliull be at
luaptsdi juorldpd, UuU la cm the appli­
1891-OFFICIAL
"Should a vacancy occur in any of the ofllcef
other than justices of tne eace, provided for
in this act, the village council, or tbe remain
ing members thereof, may fill the same by
appointment." be and and the same Is hereby
amended so aa to read as follows: "Section
forty-two (4S). should a vacanev at snv time
occur in any of the offices provided for
In this act, the village oouncll or ttie remain
ing members thereof may fill the same by
appointment and the person sc appointed
may hold his office until his successor is
elected and qualified."
PUBLICATION.
cant falls to sustain a satlsfsotory examina
tion by the said board, the said five (3) dollars
shall be refundea to blm. Rvery oertlfloate
hereaftei issued under this act shall have
plainly written, printed or stamped upon the
race thereof the words "Revocable for the
causes specified by iaw."
8ac. 6. That section ten (10) of said chap
ter one hundred and forty-seven (147) be and
is hsreby amended so as to read as follows:
Seo. 10. Every registered phsrmaclst and
every registered assistant who desires to con
tinue the practice of his profession,
shall annually during the time he shsll con
tinue such prsctlce, on such dste as the
board of pharmaoy may prescribe, pay to said
secretary a registration renewal fee, the
amount of which shall be fixed by said board,
and shall In no case exceed two i3) dollars
for a pharmacist, snd one (1) dollar for an
assistant In return for whlcn payment he
shall receive a renewal of his registration.
Ssc. 7. That section eleven (11) of said
chapter one hundred forty-seven (147) be
and Is hsreby amended by Inserting efter the
word "fees,'1 In the ninth line thereof, the
word "fines."
Sac. 8, Tbat section twelve (19) ef said
chapter one hundred forty-seven (14T) be and
Is hereby amended so as to read as follows
Sec. 12. Any person not being, or not
having In his employ a registered pharmacist
within the full meaning of this aet, who
shsll. sfter this set shall take sffect, retail,
compound or dispense drugs, medielnes, or
poisons, or who shall take, use or exhibit tha
title of a registered phsrmacist. sball for
each and every such otTsnsa be liable to a
penalty of fifty (60) dollars.
Any registered pharmacist or ether person
who shall permit the compoundlnf or dis
pensing of prescriptions, or tbe vending of
drugs, medfotnes or poisons in his store or
place of business, except under the super
vision of a registered pharmacist or by a
registered assistant, and any pharmacist or
registered assistant, who, wnlle continuing
In business, shall fall or neglect to procure
annual registration, and any person who
shall willfully make any false representation
to procure registration for himself or any
otber person, or who shall violate any other
provision of this aot, shall, exoept as other
wise provided, for each and every suoh of
fense be liable to a penalty of fifty (60) dol
lars.
Except as In this section hereafter pro
vided. arugs. medicines sna poisons shall,
for all purposes of this set, be construed to
include sll substances, animal, vegetable or
mineral, commonly kept in stock in drug
stores or apothecary shops, and used in com
pounding medicines or sold for medicinal
purposes.
It Is provided, however, that nötning in
this aot shall in any manner interfere with
the regular praotlce of any physician as such,
or prevent him as a physician from supply
ing to bis patients such articles as may seem
to him proper, or shall Interfere with the
making or vending of proprietary medicines,
or with the sale by general retail dealers of
any ef the following articles, that Is to say:
Alum, Copperas. Lo/rwood.
Blue vitriol Ipsom Salts, Roilsd Sulphur
Borax, Glauber Halts, Saltpetre,
Carbonate ef Glycerine. Senna Leaves,
Ammonia, Gum Arabic, Subliment 8ul
Carbonate of Gum Cam- phur,
Soda, pbor. Water of
Castor OIL Lfoorlce, Ammonia,
or with ths ssle by such retail dealers of
Psrls green kept In stock In sealed paokagss
and so sold, dlstlnotly lsbeled "Paris Green,
Poison." or shall prevent a shopkeeper wboeC
place of business Is more than one mils from
a drug store or apothecary snop, from deal
ing in and selling the commonty used medi
olnes and poisons. If put up for suoh ssle by
a registered pharmacxi or Interfere with the
exciualvely wholesale business of any deal
era exoept as hereinbefore provided.
Sxo. 0. That section thirteen (11) of eeid
chapter one hundred ana forty-seven (147)
be snd Is hereby smended by chancing the
word "penalty" to the word "fine" In
the eighteenth nBth) line thereof, ana
by adding lo said section thirteen (111) the
further words, "and any peison so oonvloied
may also,at the discretion of tbe oourt before
which such conviction occurs, be further ad
Judged aud senteuced to forfeit his registry
tlon and the certificate thereof."
Bsc. 10. That section fourteen (14) ef said
chapter ons hundred forty-seven (147) be and
is hereby amended by striking out the last
sentence thereof, and by substituting in lieu
thereof the following:
"Every person omitting to comply with
any requirement of this section shall be
deemed gu!Uy of a misdemeanor, and shall
upon conviction thereof pay a fine not less
thsn five 5) dollar» for eacb such omission."
SEO. 11. That sectlou IIfteen (13) of said
chapter one hundred forty-seven (14T) be and
is hereby amended so as to rend as follows:
Seo. 13. All suits for the recovery of the
several penalties prescribed Hi this act shall
be prosecuted in tbe name of tho late of
Minnesota, lu any court having Jurisdiction
and It shall be the duty of the count) attor
ney of tha county wherein suoh offense Is
committed, to prosecute all persons violating
the provisions of this act, upon proper oom
plalut oelng made.
If In any such oase the oounty attorney
omit or refuse to act. the board may employ
some other attorney for sncli purpose.
Costs ann disbursements shall le adjudged
in favor of the state whenever it recovers
Judgment In snch suit. All fines and penal
ties paid or col'ocled under the provisions of
Ihls Bhall Inure one half to the board of
harmacy. and the remainder lo the school
of ibe county In which ths conviction
was bad or the Judgment obtained. If any
persun adjudged liable to any penalty or
penalties Imposed by this acl shall
not pay the judgment iherefor with
in alxty (60) days after the rendition
thereof, or, in case of appeal, within thirty
CKI) days after the affirmation of such Judg
ment, his registration and certificate thereof
may be by llin board of pharmacy summarily
revoked aud canceled, and such person shall
not be emtilod to registration within one year
thence next to ensuo or without paying suoh
judgment lu full.
Sso. 13. That said chapter one hundred
forty-seven (147) be and Is amended by add
ing thereto the following, as sections eight
een (1H), nineteen (19), and twenty (30), re
spectively:
Sue. in. Bvery person receiving a certifi
cate under this act shall keep trie same con
spicuously exposed In his place of business.
Every rexlstered pharmacist or registered as
sistant shall,within ten (10) days after chang
ing Ills nlace of business or employment,
notify ihe secretary of the board of his new
place of business he shall thereupon be en
titled to receive from the secretary a notice
In writing that tits address has been changed
on the book of registration. Without such
notice from said secretary, such pharmacist
or assistant shsll not acl as such longer thau
ten (10) days after bis aforesaid notice of
change.
Any person violating ihe provisions of this
section shall bo doomed vullty of a misde
meanor, and upon conviction thereof shall
be punished by a fine of len (10) dollars, and
tho costs of prosecution.
Sec. 19. Any registration obtained by
false representation shall be void, and the
board of pharmacy may, after hearing com
plaint and evidence, revoke anv certificate
which It may determine to have been so ob
tained.
Sec. Ths board may hereafter ap-
om secretary who is not a member of the
ssc. 18. That section eighteen (18) of said
ohapter one hundreij foiiy-seven (147) be
and the same Is hereby changed lo, aud shall
hereafter be seotion twenty-one (Jl) thereof.
SEC. 14. That chaptor twonty-nlue (20) of
tho General Laws er 1HK7 amendatory to sec
tion two(2)of said cbapterone hundred forty
seven (147) be and Is hereby repealod.
SEO. 15. This act shall take eiTect and be
In force from and after NovcatMr let A. I).
1891.
Approved April 17,190L
days after the pas­
CHAPTER 103—Ii. F. 1*0, 819.
An Act to amend chapter 1D0 of the General
Laws of ikm.'I, entitled, "An act requiring
railroad companies to provide suitable pas
senger waiting rooms at cities, towns and
villages."
Be it enacted by the Legislature of the Stata
of Minnesota.
SECTION 1. That section one (I) of chapter
101), General Laws of 188.\ be, and the same
Is hereby, amended by adding to said section
at the end thereof the words following, to
wit.:
Such railroad corporations or compsnles
sball, at all depots or stations where trains
stop regularly to receive aud discharge jos
scugcrs, for at least one half hour before
the arrival, and one half hour after the ar
rival of any passenger train, cause their re
spective depots, or walling rooms, to be
open for the reception of passengers said
depots to be kcjt well lighted and warmed
for tho space of time aforesaid.
SEO. 2. This aet shall take effect and be In
force from and after Its passage.
Approved April 1,1801.
CHAPTER 10fr-8. F. WO. 999.
An Act to amend chapter ten (1U), General
Lsws 18H7,eiititled "An act to regulate com
mon carriers, ami ereatiug tbe railroad and
warehouse commission of the State of Min
nesota. and defining the duties of such
commission lu relation to common car
riers."
Be it enacted by the Legislature of the State
of Minnesota:
SECTION 1. That section eight (8) of chap
ter ten (10) of the General Laws of 1887 be
amended bv striking out subdivisions (e), (f)
and (g) ana substituting therefor the follow
ing, to tvit:
(e) That upon complaint, duly verified, of
any person, firm, corporation or association,
or any mercantile, agricultural or manufact
uring society, or any body politic or munlei-
organization, tbat any part of the tariff
fares, charges or classifications so
filed and published, as hereinbefore pro
vided, sre in any respect unequal or unrea
sonable, the commission shall forward a
copy of such complaint to the common car
rier complained of, who shall be called upon
to satisfy the complaint, or to answer the
same, in writing, wltnin a reasonable time,
to be specified by the commission, and to
serve a copy of such answer ou the com
plainant.
If the common carrier sball change the
tariff of rates, fares, charges or classifica
tion^ at (lcmnd»(i by u» eoHiptaisaat,
within tbe time specified by tha commission
proceedings shall be dropped.
If the common carrier sball refuse or ncf*
£cti,t0
»uch changes, the commission
shall »et a time and place for a hearing In
the muter, of which at least ten (10) daye*
notice shall be given to the ootnplalnant and
the common carriercomplalnea of such DO
tloe shall be served either by mailing a copy
thereof to some general offloer of such com
mon carrier, or personally by some person
directed to do so by the commission.
For ihe purpose of suoh Investigation tha
commission shall have the power to reqitlra
the attendance of witnesses and the produc
tion of
documents that relate to the mat­
ter unfier investigation, and to that end may
invoke
any court in this state re-
attendance of witnesses and the
production ofbooks, papers and documents
under ihe provisions of this section.
Witnesses may bs Introduced and evidence
riven
either party at all hearings before
the OomiTilsBlon.
After due consideration by the commission
ef all the evidence produced at suoh hearing
or hearings, the commission sball make Its
report in writing to the complainant aud to
the common oarrler complained of. If tha
tariff of rates, fares, chorees and classifica
tions so complained of sball be found by tbe
evidence to bs unequal or unreasonable, tha
commission shsll state wherein they are un
equal or unreasonable, and shall make a tar
iff of rates, fares, charges and classifications
which shall bs substituted for tbe tariff com
plained of.
Such tariff of rates fares, eharges or classi
fications. «o mads by tbe commission, sball
be deemed aud taken in all courts of this
state at prima facie evidence that the tariff
of rates, fares, cnarges or classifications so
made li equal and reasonable, and such tariff
so made snail be In full force and affect dar
ing tbe pendency of anv appeal tbat may be
taken 1- the matter to the oourta
t) In case such oommon oarrler shell
neglect or refuse sfter the time for appeal as
hereinafter provided baa expired, to adopt
such t«riff of rates, fares, eharges and
classifications, so made by the com
mission. it shall be tbe duty of tha
commission to publish such tariff ot ratea,
fares, charges and claeslficstlons as tbey
have declared to be equal and reasonable, in
suoh manner as the commission sball deem
expedient, and lhat thereafter It shall be un
lawful for such common carrier te charge or
maintain a higher or lower rate, fare,
charge or
classification than that so fixsd by said com
mission, unless and until a court of compe
tent Jurisdiction shall hsve otherwise or
dered snd decreed.
Sso. 3. That section thirteen (19) ef nid
chapter ten (10) of General Laws or 1997, be
amended by striking out subdivision (b) ana
substitutlag tnerefor the following, to wit:
(b) Whereupon a statement of tbe cbarces
so made shsll be forwarded by the oommiB
slon to such common earrler, who shall ba
called tip on to satisfy tbe complaint or to
answer ths sams In writing within a reason
able time, to bs specified by the commission,
and to servs s copy of such answer upon the
complainant. If such oommon earrler,with
in the time specified, shall make reparation
for the injury alleged to have been dona,
said carrier shall be relieved of liability to
tbe complainant only fet the particular vio
lation of law thus oomplalned of. If
such eommoB earrler shall not satisfy tha
complaint within the time speclfled/and If
it shall sppesr te tbe eoesmisnoa that there
is reasonable ground for Investigating the
matter set oatla said eoaeplalnL the com
mission shall naste a time aad place whea
and where a hearing will be baa before the
commissi ou in lbs matter oomplalned of.
Notice of all hearings before the oommla
sioa, aot only undsr tnls seotioa, but under
all other sections of this act, where hearings
are oontemplated, shall be given by the oom
mission or ty tbe seoretary of said ooa
slen by causing to be mailed to
the oomplalnaat la the ease a eepy
of the notice of suoh heariag at
his reputed plaoe of resldsnoa. poetsge
prepaid, at least ten (10) deye before the aay
named ss the day of hearini In said notice,
and also by causing a oopy or such notloe or
bearing to be mailed, at leaat tea (10) days
before the day named as the dey of hearing
In said uotice, properly dlreoted, postage
prepaid, to any division superintendent, gen
eral or assistant superintendent, general
manager, president, vice president, er seore
tary of tho common carrier complained of, at
the place in the State of Minnesota where
the main business of snch common earrlec is
transacted.
Provided. That whenever tbe eo
sa plal nan
or common carrier has appeared by an attor
ney, thereafter suoh service may be made
upon such attorney. Such service shall be
taken and held in all cases to be a legal
service appearance In any oase sball be
taken and deemed a waiver of any defeat iB
the notice of snch hearing, or any irregulari
ties of the servloe thereof.
No oomplalnt shall at any time be dis
missed because of the absence of direct dam
ages to the complainant, and for the purpose
of this art the commission shall have power
to require (he attendance of witnesses and
the production of ail books, papers, con
tracts, agreements and documents relatingto
anv maner under Investigation and to that
end may invose the aid of any court of this
state in requiring the attendance of wit
nesses and the production of all books, pa
pers, contracts, agreemonts and documents
relating
any matter under Investigation,
tV ,,
8.
fifteen (I'M. chapter ten (10) of the General
under tb- provisions of this act.
SBO. 8. Th-t subdivision (d) of section
if i"
Lawsofisx7.be stricken out, and tbe fol
lowing I»", aud the same Is hereby substi
tuted, to wit:
(d) A ii v railroad company or common oar
rler a flc'd by any order of the commission
except S'lniinistratlve orders, made pursuant
to section ten (10) of chapter ten (ID) of the
Ueneral aws of 1Hh7, may at any time within
the period of thirty days after trie service of
it upon him or It of such order, appeal there
from to the district court of any judicial dis
trict through or Into which his or Its route
may run. by the servlcc of a written notice of
sucn apical on some member, or the aeon
tary or such commission.
And upon the taking of such appeal, and
the fllliu: of the notice thereof,with the proof
of service. In the ofllce of the clerk district
court, there shall then bo pending In such
district court a civil action of the character,
and for the purposes mentioned in section
eight (Si. eleven (II) and fifteen (13) of chap
ter ten (l" of the Ueneral Laws or 1887, as
amended by this act. L'pon such appeal,and
upon the hearing of any application by tha
commission, or by the attorney general, for
the cufoM cment of i»ny such order made by
the commission the district court shall have
jurisdiction to, and It shall, examine tbe
whole Ȋtter In controversy, including mat
ters of fic as well as questions of law. and
tö affirm, modify or reverse such order In
whole or in part, ss Justice may require and
In case of anr order being modi fled, as afore
said, such moillfled order shall, for sll the
purposes contemplated by this act, stand In
place of ihe original order so modified, and
nave ihe nimu force and effect throughout
the state ns the orders of said commission.
No appi-nl as aforesaid shall stay or super
sede tne order aopealed from unleas th«
court hesi ing and deciding such esse upon
appllcati n and notice to the otber party
shall so direct.
The rci 'dies herein provided for shall be
in addition to all existing legal and equitably
remedies
SKC. 4. That chapter ten (10) of tbe Ger I
eral Laws of 1H87 be and the same Is hereb
amended iy adding thereto the followluj
sectlou. to wit: I
See. 22. That whenever any common car
rier, an ddined in, and subject to the provls*
ions of till*! act, shall violate, or refuse or
neglect t. 'bev or perform any lawful order
or requlo uiciit of the commission made
undju ill provisions of this aot not founded
upoffa ci iiiroversy requiring a trial by Jury,
as provli I by the Seventh amendment to
the const, ution of ths United states, or as
provided section four (4) of the ootistltu
tlon of tli state, It shsll be lawful forthe
commlss: !i, or for any company or person
Interested ii such order or requirement to
applv in ii summary way, by petition to auy
district ci irt in auy county In this stata in
which th'i carrier complained of has iu
principal tlii e, or In any county through or
into whl its line of road extends, alleging
such vloS 'iionor disobedience, as the case
may be: o xl the said court shall have power
to hear e determine the matter, ou such
short noc'c to the common carrier com
plained di i^ the court shall deem reasonable
and such notice may be served on such com
mon c.arr his or its olHcers, agents or serv
ants iu II. manner as the court shall di
reel and "aid court shall proceed to bear
aud determine tho matter speedily and with
out the fin ami pleadings ana proceedings ap
plicable to ordinary suits further thau is
necessary u the Judgment of the courttO
clearly dene the Issues between the parties,
manner as to do justice in tbe
premises to tnis end the court shall hsve
power. If ii think lit, to direct and prosecute
in sucn IL 'le, and by such persons as It may
appoint, nil such Inquiries as the court may
think nei dful to form a just Judgment
in the matter of such petition and
on such hearing ths findings of
fact In the report of said commis
sion shall be prima facie evidence of tha
matters therelu slated and If It be made to
appear to such court, on such hearing, or oa
the report of any person or persons, that the
lawful onl or requirement of said commis
sion drawn in question hus beeu violated or
disobeyed. It shall be lawful for such court
to issue a writ of injunction or other process,
mandaton or otherwise, to restrain such
common carrier from further continuing
such violation or disobedience of such order
or requirement of said commission, and en
joining obedience to ihe same: and In case of
any disobedience of any such writ of injunc
tion or other proper process, mandatory or
otherwise it shall be lawful for such courti
to
Issue writf of attachment, or auy other nrpc
ess of said court incident or applicable to
writs of injunction or other proper process
maudatorv or otherwise, ace.inst such com
mon carrier, aud if a corporation, ag&inst ona
or more o the directors, officers or sgentu or
the same, or against at v owner, ies-iitB,
trustee, receiver or other person failing to
obey suoh writ of iujuuctlt a or other pre per
process, roaudatory or otherwise snd uaid
court may, if li shall think 11. make an ordat
4iieotlng lueb common carrier ot ffMttlj ft. \n\n K% '..
i
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CHAFTBR 84—H. F. WO. 90.
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OHAPTER 99—i". F. WO. lift.
CHAFTBR 98—H. F. WO. 711
OHAPTBB 94—S. F. WO. 190.
by
OHAPTBB 99—8. F. M. IA
OHAPTBR 96—ri. F. WO. 916.
OHAPTER 97—S. *. #0. 9»,
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OHAPTBR 99-n. F. WO. CT4.
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SKCTION I.
CHAPTKR 104—S. F. WO. 380.
SECTION
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l^qp .1,1,41,11.1(^1,1 ii
i
Fundact
Soard.a30.
tfalrates,
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all
books, papers, contracts, agree­
ments
and
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