The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-05-06
law No. COL

Lands.
BE II enacted ~ the Legislature Of the state VI
Minnesota:
ofcrioS /. That il Is hereby made the daty
of the county commissioners. and sheriff in
Their respective counties, aud VI Justices oi the
Peace, aud constables in their respective pre
eiDis. ID the name OF the state OF Minnesota, to
prosecute upon 'ieY or Information, all persons
who shall, after the passage Of this act. commit
any uespass on lands granted to the state by
any act or resolution oi Congress for the use or
support u Schools or Universities or to. inter.
nal Improvements.
eEc. :. II ANY person shall, under PIE tence
Of any lease or Otherwise, cut, fell box bore
destroy, Or carry away any tree or saping
standing ar growing, or auy fallen or dead tin.
Der npoa any lands within this state, Reserved
appropriated or intended By any act or reaolu.
ton OF Congress, either for thc use and support
ofschoels, Or for the use and support Of any I'M.
sersisy ct College, OK Tor any public buildings,
or for internal improvements, or shall Gu, and
carry away any gfass or hay, such person shall
Ion eaeA. aAi every such tfespaSs forfeit and pay
the Gum Of hIty dollars, provided always. that
nothing 10 tins act -haIi be go construed as 10
prevent any actual settler from the enjoyment
Of his or her Improvements.
SIC. 3. The penalties provided IN the above
preceding SECTIONS shall, and may be recovered
with all costs of suit under this act In any ag.
ton Of debt in the name 0f the state OF Mime.
sofa. before any Justice Of the Peace, when the
amount does not exceed one hundred dollar,
damages and the costs, taxed as hereinafter
provided III tbs act
SIC. 4. II any county or precinct officer, OF
any township officer, either IN the civil or school
towns OF tOwnshps hereafter created, shli! fan
To prosecute Tor ten days after notice in writing
given to them with the names OF witnesses, sui.
Hc!enl To prove IespaHs shall forfeit and pay
the sum OF twenty-five dollars TO the county
school fund oi each county Ia which a trespass
was committed, TO be recovered by action Of
debt before any Justice Of the Peace; il shall
be !awiai Tor amy person TO enter Complaints
for any breach Of th.s act
SIC. ). Ali suits under this act shah Dc
brought within one year after tie cause OF ac-
ton occurred, and not after.
A.. ~. La....1-.,.gA 81 rs Pes. ,i..., BOO
jurisdiction IN all cases arising under the pro.
visions ot THIS act IN any sum not exceeding
one hundred dollars damages, and costs Of
suit.
SIC I. All salts under this act shall be CON.
menced before Justice OF the Peace ia the
county IN which the trespass is alleged to have
been c0mmilted.
Sec. :. All complaints shall be under oath
and flied with the Justice IN the following form
as near as may be. TO wit:
STATE OF MrsSEsort,
County.
states under oath, that irespass
has been committed on or abOrt the day OF
"A. D. i (ucre describe by the prop.
er numbers, the lot OF land ON which the tres
pass was comm.tted,) IN the county oi
aud state Aforesaid, one did (herc describe
what vas done that constitutes the trcspass
under this acD and alleging one act, shan give
the right TO prove all or any tre-pass under hi,
act, upon any lands referred To Ia Section two,
oi ali act 10 prevent trespass on school, uni-
'ersity, OF internal Improvement lands, ap.
proved A. ID. Is and that the dep0-
nent y, ry believes is guilty of The
same, contrary 10 the form OF the statute ia
su'h case PfoEded. complainant,
sworn to and subscribed before me, THIS
day OF Is i, T.
sec, 3. Upon the hing of any such com
plaint before any Justice OF the Peace ct the
proper county, together with the names Of
piatatti Witnesses, 1t shall DC his duty TO Issue
warrant IA the following form near a. may
be:
STATE Of MINsEsorA
.------ County.
The state OF Minnesota 10 any Constable Tar
sald county greeting
You are hereby commanded to take the body
Of n 10 DC found IN your county, ana
forthwith bring IA before ne at my Office then
and there 10 answer the state Of Mime sofa m
ai acton ot debt under Section two Of an act
10 prevent UcspI5s Oh school, university, and
internal improvement lands, approved \.
ID. IL j. l..
see. 10 Ii no constable is present. the Jus.
tcc Il hereby Authorized to deputise a special
constable TO serve, IA that case only, by en-
dorslng such appointment Oh the bach OF the
wan ami under bis hand.
set. Ii. Upon The return Of such warrant
It had be the duty vi the constable serving the
same to endorse thereon the date aud manner
Of the service, with his fees ~ hereafter speci-
ned.
Sc. T. Previous to the announcement OF
any trlSi before Justice Of the Peace, the de-
PENDANT ma! make oath tAat il - tue belief Ot
saCh dcyoheht tn ne cannot have an impdr
tai trial before such Justice wAercnpan II
shall be the daty OF the Justice immediately to
transmit copy 81 as docket, together With
oil papers and documents belonging To the suit
10 The nearest Ju-uc vi the Peace II b,-
county, who shall proceed Is Il the said suit
had been originally Instituted before h.fi And
II sIai! be The ddty vi al jurors, witnesses. aud
parties, 10 So forthwith before such Justice 10
whom the papers are sent.
sec. -. WheR either party Shal. require the
attendance OF .trt.s, IA an suit ,,>uu.a. De.
tore a Justice, i shall be a., duty 10 issue q
sabPena III the following form, "a nc az as tue
case vail admit, to Wi:
state Of Minnesota.
tuun't
Tie state ~ Minnesota
10 loa are hereby loAm4Lael to
APPEAR "H ore ne ~ on the day o.
a. H., II at O'Clock, then and
'aere 50 !trIiy - IA: truth N matter ia .ut.
wherein the state Of Minnesota is plaintin. ana
= Ie!rnda :, and tbs you aie not to umt
lAaeg tAv penalty Of The iag.
"iven under my hand and seal this day
Z" 4. H., l. j..
sec. IL, Na.uh Subpoena may he served bY T
4 constable " any other person. by readiug The
same io tie wdBr,s, bal 10 mileage shah be
PAID cNltP. 90 the constable.
sec. II. When a warrant -ha.l be -Xacu.ed. J.
by bringing the defendant before justice. "A .
,hAu be has iaiy 10 issue Es writ. dFe, ed 10 +
any constable, commanding him 20 sqtnrnor sk .
Jurors, no are legal voters, any two Of whom
--itUdan' may o1J,ct To without Cause, a4er,.
upon the Justice shall order The ca...,b,
10 summon two Others nom TIE bysiand p. or
oinets, a84 defendant oh .eci 80 i show cans.
ihe Justice may 20 A.' discretion. strike fr,n
ful JaroFs -haH appear al the i.s,. VII, .h,J'Ls
~ oga 70 ~ TIE rA4,g atcoE.t.pz 10 s.nIsrr,