Red Wing sentinel. [volume] (Red Wing, M.T. [i.e. Minn.]) 1855-1861, 1859-01-08

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)UNTY, MIMI. SATUR
5 LAWS OF MINNESOTA.
PUBLISHED BY ORDER or THE BOAR1
..qor OF COUNTY SUPER YISORS. San :;
An Act to Prevent Trcspass ON school
University, Swamp aud Internal Inn.
prOvement Lands. 10 ~ 4,ll Il; =
Be i enacted BY the Legislature Of the Statee Q,
MinaesOta:
SECTION i. That il is hereby made the
duty Of the County Commissioners, and Sher.
ifs in their respective c,unties, and Of Justi.
ces Of the Peace, and Cpnstables in their re.
spective precincts, in tho name of the State o.
Minnesota, to prosecute upon view or infor.
nation, al persons who shall, after the pas.
sage Of this Act, commit. any trespsss on
lands granted TO this State by any act o,
resolution Of Congress, for the support ol
Schools or Universities, or for internal i'm.
provements. fag,a = .sa&Aau IS e1ils.t0
SEC. 2. Ifany person shall, under pre-.
tence Of any lease or otherwise, cut, fell, box
bore, destroy, or carry away any tree OF
sapling, standing or growing, or any fallen
or dead timbe' upon any lands within this
State, reserved appropriated or intended by
any act or resolution Of Congress, either fo1
the use and support Of any University o,
College, or for any public buildings, or 70,
internal improvements, or shall cut and car.
~ away any gnss or hay, such person shall
Tor each and eve.y; such trespass, forfeit and
pay the sum Of fifty dollars. Provided al.
ways, that nothing in this Act shall be SC
construed as to prevent any actual settle,
from the enjoyment of his or her improve.
ments.
SEC. 2. The penalties provided in thu
above preceding sections shall, and NAV bt
recovered with all costs Of suit under thi.
Act, in any action of debt, in the name o
the State of Minnesota, before any Justic.
Of the Peace, when the amount does not ex
coed one hundred dollars damages, and tn,
costs, taxed as hereinafter provided in thi
Act. '.2
Sec. 4. Ifany county or precinct officer
or any township officer, either in the civil o
school towns Or townships hereafter created
shall fail to prosecute for ten, days after no
tice in writing given to them, with tn
names of witnesses sufficient to prove tres
pass, shall forfeit and pay sum Of twenty
tive dollars to the county school fund ofeacl
county in which trespass was committed
to be recovered 10y action Of debt before am
Justice Of the Peace it shall be lawful fo
any person to enter complaints for any breacl
Of this Act.
SEC 5. >All suits under this Act shall! b
brought within one year afer the cause q
action occurred, and not after. Z
Sec. 6. That Justices of the Peace shal
have jurisdiction in all cases arising unde
the provisions Of this Act, in any sum nc
exceeding one hundred dollars damages, an,
costs Of suit. .tt
commenced before Justice of the Peace ;
the county in which the trespass is allepe
to have been committed.
Sec. g., All complaints shall be unde
oath and filed with the Justice in the follow
ing form as near as may be, to-wit
STATE OF M1NSEsorA,)
/ OOuhty: Cd.
states under oath. that
trespass has be n committed on or about tn
day OF "A. d. 18 :, Of Cher,
describe by the proper numbers, the lot q
land on which the trespass was committed,
IN the county of and State aforesaid
one did (here describe what was done tina
constitutes the trespass upder this Act, } an
alleging one act, shall give the right to prov
an or any trcspass under act, upon an,
lands referred to in Section two, of 's An Ac
TO prevent trespass on school, university, o
''terua! '%proyement m lands approved
verify believes is guilty Of the same
contrary to the form of the statute in suo]
lease provided. complainant
sworn to and subscribed before me, this
day Of ,18
Sec. 8. Upon the filing of any such com
Ipiaint before any Justice of the Peace of tn
proper county, together with the names {
plaintiff 8 witnesses, it shall be his duty t
issue warrant in the following form as nea
as may be
STATE OF M1NSEsoTA,)
The State of Minnesota to any Constable {,
said county, greeting.
You are hereby commanded to take th
body of If to be found in you
county, and forthwith bring him before m
At my office, then and there to answer tt
State of Minnesota in an action Of debt, VI
del Section two Of can Act to prevent tre
pass on school, university, and internal in
|provement lands," approved "A. I
Ilo E j. P.
/ SEC. 10. II no Constable is present, Il
Justice can and is hereby authorized to de-
utize special Constable to serve, in tn
case only, by endorsing such appointment {
the back Of the warrant und ,r his hand.
SEC. IL. Upon the return Of such wa
rant it shall be the duty Of the Constab
serving the same, to endorse thereon Il
, date and manner of the service, with
fees, rs hereafter specified.
SEC. IL. Previous to the commenceme1
:, Of any trial before Justice of the Peace, Il
defendant may make oath, that it is the
lief of such deponent that he cannot have
impartial trial before such Justice wher
upon it shall be the duty Of the Justice in
mediately to transmit a copy Of his docke
together with all papers AID documents b
longing to the suit, to the nearest Justice
the Peace Of his county, who shall proce,
as If the said suit had been originally institu
ed before him. And it shall be the duty
jail jurors, witnesses and parties to 70 fort
with before such Justice to whom the pape