The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1868-04-02

any cause whatever, to call upon any or all
persons liable to poll tax in his district to
come with such tools or teams as tho overseer
may direct, and work upon such highway in
removing distractions, or repairing dangerous
Places and for all such labor performed under
the direction ofthe road overseer, by any per-
son, in excess Of tho road tax assessed against
him for the year, tho road overseer shall give
a receipt stating the value of such labor, and
said receipt shall be received in payment of
any road tax duo from any porson to said dis
trict in that or any succeeding year, and any
road overseer who fails to perform his duty as
required by law shall be subject to prosecution
therefor by the supervisors of this town, and
bupon conviction thereof shall be liable to a
fine Of not less than five dollars nor more than
fifty dollars, and Justices Of the peace shall
have jurisdiction upon complaint made on oath
to hear and determine all causes arising under
this section.
SEC. 2. That section SO of said chapter be
so amended as to read as follows:
Every road located by town authority is
town road, and the supervisors of the town
may change or vacate any such road, or lay
out any new road when petitioned for by any
number OF freeholders not less than six resid-
ing within one mile Of the road so to be chang
ed, vacated, or laid out, or when petitioned
for by any number OF freeholders not less than
twelve residing in said town, the petition shall
set forth in writing a description of the road
and what part thereof is to be changed, or Va
Gated, and if for new road tho names of the
owners the lands, if known, over which the
road IS 20 pass, the point at which it is to
commence its general course, and the point
near which it is to terminate:
Provided that the said supervisors shall not
have power to vacate or change any State or
! chon o+o
ton of any mail route, or change the same in
any manner so as to increase tho distance, and
when any change is made in any mail route
the supervisors shall cause the same to be i'm
mediately opened and made passable.
Provided, that State and county roads not
opened within five years from the time they
are laid out may be vacated the same as town
roads.
SEC. 3. That section &C of said chapter be
amended so as to read as follows:
Section &c. Every road located by State or
county authority is county road, and shall
only be changed or vacated by an order of the
county commissioners, as provided for in Sec
ton 80 ofsaid chapter as amended by this act.
All DAMAGES claimed in the location of any
State road through any Of the organized coun-
ties of this State shall be determined by the
! provisions of this chapter, the same as in the
location OF county road, and the organized
counties through which any State road is loca-
ted shall be liable for such damages.
! SEC. 4. That section 81 of said chapter be
so amended as to read as follows:
Section 81. The county commissioners have
a general supervision of county roads, and
have power to appropriate such sums of money
from the county treasury as they think
advisable for opening, vacating, re-surveying
or otherwise improving such roads, not ex-
ceeding in any one year, the sum or ratio of
one thousand dollars to each five hundred
thousand dollars of assessed valuation of real
| estate in such county.
Provided, that additional sums may be ap-
propriated, but shall not be expended except
upon ratification thereof by a vote of the peo-
pie, to assist in building bridges and in OPEN
ing and repairing county roads, to be expend-
ed under their direction.
Provided further, that the towns through
which any county road may pass, shall keep
such road in repair, the same as other roads in
their towns.
SEC. 5. This act shall take effect and be in
force from and after its passage.
Approved March 6, 1868.
AN ACT to amend Chapter sixty-six (66) of
the General Statutes, as amended by section
2 of the General Laws of 1867, in relation
to attachments.
Be 1t enacted by the Legislature Of the State of
Minnesota:
SECTION l, That section one hundred and
forty, (l4O) of chapter sixty six, (66) of the
General Statutes, as amended by section g of
chapter 66, OF the General Laws of 1861, be
and the same is hereby amended so as to read
as follows:
Section 40. "A defendant whose property
has been attached, may at any time before
trial, execute to the plaintiff a bond in double
the amount claimed in the complaint, or if the
value OF the property attached be less than
the amount claimed then in double the value
OF the property, with two or more sureties to
be approved by the officer allowing the writ Of
attachment, or by the court commissioner of
the county in which the defendant resides; con-
ditioned that if the plaintiff recover Judgment
in the action, he will pay such Judgment,
or an amount thereof equal to the value of the
property attached; and the officer approving
such bond shall make an order discharging
such attachment.
SEC. e. This act shall take effect and be in
full force from and after its passage.
Approved March 6, 1868.
AN ACT to amend section one hundred and
ninety-tw (l92) of chapter sixty-six (66) of
the General Statutes, emitted Judgment
upon failure to Answer.
BE 1t enacted By the Legislature Of the State of
Minnesota:
SECTION l. That section one hundred and |
ninety-two of chapter sixty-six of the General
Statutes, be amended so as to read as follows:
Sec. 1872. Judgment may be had if the de.
PENDANT fails to answer the complaint as fol-
lows:
First-When in an action arising on con-
tract for the payment Of money only the sum-
mons has been personally served and the plain.
tiff shall file with the clerk, proof of the per-
sonal service of the summons, and that no
answer has been received within the time |
allowed by law, the clerk shall thereupon enter
Judgment for the amount mentioned in the |
summons against the defendant, or against one |
or more defendants in the cases provided for
in this chapter. In other actions for the recov-
cry Of money only flipx the like nroaf tla |