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

shall be certified to by the Adjutant General
rs to their correctness and approved by the
Governor.
Sec. 5. Tho Adjuant General is authorized
to drop from the returns Of arms and ordi
nances such arms and stores as were issued tt
militia and citizens during the Sioux war o.
1862, and also for frontier defence in 1868 and
1864, and are still outstanding and he is all
thorized to relieve all persons who gave re-
ceipts for the same, from fu5ther responsible
ty for them.
Provided that it shall be tho duty of the
Governor to cause the return to State arsenal
Of all State arms now stored at any place in
this State and cause the storage charges on
the same to be paid by the State.
SEC. 6. The Adjutant General shall pre-.
pare all necessary blanks, rules and instruc-
tons which may be necessary to carry into
effect the provisions of this act
Sec. Z. This act shall be in force from and
after its passage.
Approved March 5, 1868.
AN ACT for the protection of railroads and
persons riding thereon.
Be 1t enacted By the Legislature Of the State Of
Minnesota:
SECTION l. Whoever shall wilfully and ma
liciously obstruct the passage of any carriage
upon any railroad, or in any way injure such
road or anything appertaining thereto, or any
materials or implements for the construction
and use thereof, and whoever shall be aiding
and abetting in such trespass, shall forfeit to
the use of the corporation for every such Of
fence treble the amount of the damages which
shall appear on the trial to have been sustain
ed thereby.
SEC. 9. Whoever shall wilfully obstruct
any engine or carriage passing upon any rail-
road, so as to endanger the safety Of persons
conveyed in and upon the same, or shall assist
or aid therein, shall be punished by imprison-
mcnt in the State Prison not exceeding twenty
years.
SEC. 3. Whoever shall wilfully do or cause
to be done anything with intent to obstruct
any engine or carriage passing upon any rail-
road, or with intents to endanger the safety of
persons conveyed in or upon the same or who
ever shall aid or assist therein, shall be pun
ished by imprisonment in the States Prison not
more than five years, or by fine not exceeding
five hundred dollars, nor less than one hum
dred dollars, and by Imprisonment in the coun-
ty Jail not more than one year nor less than
three months.
SEC. 4. No liabilities already incurred or
proceedings pending, shall be affected by the
passage of this act.
Sec. 5. This act shall take effect and be in
force from and after its passage.
Approved March 5, 1868.
AN ACT to regulate the erection of mill
dams near the highway.
Be 1t enacted By the Legislature of the State of
Minnesota
SECTION l. When any person is desrous
OF erecting and maintaining mill dam upon
his own land across any water course not nav
igable, or digging a raceway across any high
way and deems it necessary to raise the water
by means ofsuch dam so AS to overflow any high
way or otherwise ohstruct, ind pair or render less
commodious for the pubic travel, any high
way, he may obtain the right from the town
ship supervisors, or common council ofany city
in which said highway is situated to erect and
maintain said dam or dig said raceway across
any highway in the manner and upon the
terms hereinafter provided.
Sec. 2. He shall present to the supervi-
sors of the township, or the common council
Of any city in which said highway is to be so
affected from the raising of such dam or dig
ging such raceway, a petition by him signed,
setting forth the place as near as may be
where said dam is to be erected or said race
way is to be dug, also>the height the dam will
dug, the purpose to which the waterpower
will be applied, and such other facts as are
necessary to show fully the object of the said
petition.
SEC. J. The supervisors of any township
or common council of any city on receiving
such petition, shall post or cause to be posted
in three of the most public places in the town.
ship or city, notices in writing setting
forth the time and place they viii
meet to make a personal examination of
the highway to be affected by the erection of
said dam or digging said raceway, also the
name Of the petitioner and the object and
prayer Of said petitioner, which notice shall
be posted at least ten days before the time of
meeting for such examination.
SEC. 4. The supervisors or common coun.
Gil, as the case may be, shall meet at the time
and place specified in the notice and proceed
to examine the point at which said dam is pro-
posed to be erected or raceway dug, and the
highway to be affected by the raising of said
dam or digging said raceway, and shall have
power to subpoena witnesses and take testimo-
ny touching the subject of their examination.
SEC. 5. The supervisors or common coun-
Gil Of any city, shall within thirty days after
completing their examination, make report
in writing, granting or refusing the prayer of
the petitioner. If the supervisors or common
council, as the case may be, grant the prayer
of the petitioner, in whole or in part, they
shall fully and explicitly set out in their re-
port the terms and conditions upon which said
right is granted to said petitioner, which said
report together with the petition shall be du-
ly recorded in the township records for the
records of the common council by the town.
ship Tor ethyl clerk.
SEC. 6. Whenever such petitioner, his
heirs or assigns shall fully comply with all the
terms and conditions of the report of the srl.
pervisors, or common council, as the case NAV
be, he shall have the right to erect and main
tain such dam or dig such raceway, and use
the same as fully as he might have done be-
fore the laying out of said highway.
SEC. 7. Any person having already erect
ed such dam or dug such raceway as
above provided for, shall have the right to