davidaulloa/AmericanStories huggingface dataset:
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20
81

AN ACT to provide for the collection of de
llnquent taxes in certain cases.
Be it enacted by the Legislature of the State Of
Minnesota: s.7-s ,ss5 a..
Section l. In any county where there has
been failure from any cause to be ascertained
and determined by the county auditor, to ad.
vertise, or by reason of such failure, or of a
defective advertisement, to sell any tract or lot
of real property, or the entire list of real prop
erty subject to delinquent taxes for any year or
years according to the provisions of the general
tax law, and in all cases where tax sale, or the
certificate issued thereon, shall have been set
aside for any Uause to be ascertained and de-
termined by the county auditor, snch property
shall be included in the delinquent list of the
present year, if such taxes shall remain unpaid
and the same proceedings shall be had against
such property. as for [taxesI property becom-
ing delinquent this year, and judgment shall
be rendered for the taxes with interest thereon,
from the date it should have been sold, with
all accruing penalties and costs.
Sec. 2. If there are personal taxes remain.
ing unpaid in any county for any year or years
prior to the year one thousand eight hundred
and seventy-eight, for which judgment has
not been rendered as provided by law, the
county treasurer shall proceed to collect such
taxes and make return of all that he may be
unable to collect with the personal taxes now
in h hands for collection.
Sec. 3. This act shall take effect and be in
force from and after its passage.
Approved March 8. 1879.
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20
SIS

AN ACT proposing an amendment to article
nine (9) of the constitution, limiting the
taxing power of the legislature.
BE 1t enacted by the Legislature of the State of
Minnesota:
Section l. The following amendment of the
constitution of the State is hereby proposed for
publication, and approval or rejection by the
people, that Is to say article nine (9) of the
constitution shall be amended by adding there
to a new section, which shall read as follows to
wit:
Section Is. The legislature shall not author
lze any county, township, city or other munich
pal corporation to issue bonds, or to become in
debted in any manner, to aid in the construc-
ton or equipment of any or all railroads to any
amount that shall exceed five ~ per centum of
the value of the taxable property within such
county, township, city or other municipal cor
poration. The amount of such taxable proper
ty to be ascertained and determined by the last
assessment of said property made for the pur-
pose of State and county taxation, previous to
the mourning of such indebtednep~
Sec. 2. This proposed amendment shall be
submitted to the people of the State. for their
approval or rejection, at the next general cleo
tlon occurring after the passage of this act, and
the qualified electors of the State, in their re-
spective districts, may at such election vote by
ballot for or against said amendments, and the
returns thereof shall be made and certified
Within the time, and such votes canvassed and
the result thereof declared, in the manner pro-
vlded by law, with reference to election Of
members of Congress-, and if it shall appear
thereupon that a majority of the electors pres
emit and voting for or against the proposed
amendment to the constitution IS provided in
the next section have voted in favor of the
same, then the Governor shall make prOclama-
ton thereof, and such amendment shall there
upon take effect and be in force as part of the
constitution.
Sec. 8. The ballot used at such election by
electors voting in favor of this amendment
shall have written or printed, or partly written
and partly printed thereupon, the following
words; Limitation of the taxing p0wer of the
legislature-Yes." The ballot used by such
electors voting against said amendment shall
have written or printed, or partly written and
partly printed thereupon, the following words
Limitation of the taxing powers of the legisla-
ture-NO."
Sec. 4. This act shall take effect and be in
force from and after It's passage.
Approved February IS, 1879.
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20

AN ACT to amend section two (2J of chapter
six (6) of chapter seventy-four (74) of the
general laws of one thousand eight hundred
and seventy-seven (lS77), relating to a system
of public schools in the State of Minnesota.
Be it enacted by the Legislature of the State Of
Minnesota:
Section ]. That section two ~ of chapter
six of chapter seventy four (74) of the general
laws of one Thousand eight hundred and sew
enty-seven Q877) be and the same is hereby
amended so as to read as follows: Every person
duly elected to and excepting the office of direc-
tor, treasurer clerk of any school district, or
member of board of education, who shall neglect
or refuse to enter upon the duties of his Office
and serve therein faithfully, or shall refuse or
neglect to perform any of the duties prescribed
by law, shall forfeit the sum of ten dollars
$4,000 to the use of said district, which may
be collected by any action before any Justice
of the peace in the county. To be prosecuted
by the director of said district or by any free
holder in said district.
Sec. 2. This act shall take effect and be in
force from and after its passage.
Approved March 6, 1879.
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20

An ACT fixing the time for holding the gem
eral terms Of the district court in the third
judicial district.
Be il enacted by the Legislature of the State
Of Minnesota:
Section /. The general terms of the district
court In and for tho several counties in The
third judicial district of this State shall be
held as follows:
In the county Of Winona on the second Mon
day Of March and the second Monday of Ooto-
Der in each year.
In the county Of Wabashaw on the third Mon
day of May and the second Monday of Novem-
Der in each year.
In the county of Olmsted on the first Monday
of June and the frat Monday of December in
each year.
Sec. 2 All writs, processes, bonds. recogni-
xancea. continuance, appeals, notices and pro-
ceedings had. issued or returnable to the terms
of court in and for each of said counties ~
fixed by law prior 10 the passage of this cot
shall be deemed and construed ~ made taken
and returnable to the terms Of court In each
of said counties a. fixed by this aot.
SEQ. s. Chapter IS of the general laws Of
1876. il hereby repealed.
SEQ. I. This act shAll take effect and be In
force Immediately.
Approved February IL, 1879.
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20

AN ACT to amend section two hundred and
twenty-five (225) of title thirteen (l3l of
chapter eight of the general statutes of 1866,
relating to clerks of districts courts.
Be it enacted by the Legislature of the State Of
Minnesota:
Section /. That section two hundred and
twenty-five of title thirteen, chapter eight, of
the general statutes of 1866, be amended by ad-
ding thereto the following proviso:
Provided, That the Judge of the district court
in any county, on the application of any person
or corporation paying money exceeding one
thousand dollars to said clerk TO abide the re
suit of any legal proceedings, may order said
money to be deposited in some safe depository
until the further order of said judge or court,
Or said Judge may require said clerk to give an
additional bond, with like effect as the bond
provided fer in this section, in an amount as
said Judge shall deem sufficient.
Sec. 2. This act shall take effect and be in
force from and after it's passage.
Approved March 8, 1879.
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20
MISCELLANEOUS.
60

AN ACT to provide for tho apportioning ana
payment of the costs and expenses Q. CIV
actions and proceedings In the DlstLlcs
Court Tor the counties of Crow Wing, Wa
dena and Aitkin.
Be it enacted by the Legislature OF the State
of Minnesota:
Section l. That the counties OF WadenA
and Airkin shall hereafter be required to pay
to the county of Grow Wing from year to year,
30 long as they shall respectively remain at"
tached to Grow Wing county for judicial purs
poses, such proportion of the necessary cours
expenses of Crow Wing county, including
among other things per diem and mileage OF
Jurors salary of county attorney, fees OF
sheriff and clerk Of the district court and jail
expenses, as the assessed valuation OF sald
counties of Wadena and Aitkin respectively
bears to the combined assessed valuation OK
said Crow Wing county and all the countles Az
tached thu reto for judicial purposes, said yaiu-
alton to be the same fixed by the State
board of equalization for the preceding year.
Sec. 2. That the auditors of the counties OK
Crow Wing, Aitkin and Wadena respectively
and their successors in Office, are hereby up.
pointed commissioners, whose duty 1t shall 30
to inquire into ascertain and report the
amount properly chargeable to each OF the
aforesaid counties, In conformity to the pro-
visions of section one of this act for and dur.
ing the time such counties may be SO attached
to said Crow Wing county for judicial pur-
the second Monday in July in each year, report
the amount so ascertained as aforesaid to each
of the county auditors Of Crow Wing, WadenA
and Altkin counties, the amounts 80 ascer-
| tanned to be payable from said counties re-
spectively, and thereupon the said amounts 30
| ascertained and reported shall be paid by said
| counties respectively to the said Grow Wing
county. 1t shall be the duty of the said county
auditors respectively to draw a warrant in Ia
vor of said Crow Wing county for the amounS
/ I'LL
BILE out of the general revenue fund of the
| cient in said fund to meet said warrant, then
it shall be the duty of said auditors to repore
| said amounts TO the board of county commits
sioners for said counties of Wadena and Ait
kin respectively at their July meeting, and 10
shall be their duty to levy tax in their re-
| spective counties sufficient to meet the amounS
| so reported to them. In such case, after each
settlement as now required by law, it shall DO
| the duty of the said county auditors respect
lively to pay over to said Grow Wing county tho
amount collected by virtue of said levy.
Sec. g. Appeals may be taken from any
such award by said commissioners against any
of said counties the same as is now provided
by law against the allowance by the board OF
county commissioners of a claim against .
| county and such appeals shall be determines
in like manner is provided in section
eighty-one, eighty-two and eighty-three OF
chapter eight of the general statutes of this
State.
Sec. L. This act shall take effect and be in
force from and after its passage.
Approved March 10. 1879.
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20
4fS

AN ACT to amend chapter 70, of the general
laws of 1878, entitled An act to grant the
right of way to railroad companies over lands
owned or held by the State" go as to include
depot grounds.
Be it enacted by the Legislature of the State
of MINES ia:
Section l. That chapter IS, of the general
laws of 1878, entitled, Gan act to grant the
right of way to railroad companies over lands
owned or held by the State" be amended SO as
to read as follows:
Sec. L. That right of way and a quantity
of land not exceeding twenty acres for depot
and station grounds and water stations are
hereby granted over and of, and from any
swamp, school, internal improvement or agri-
cultural college lands owned by the State to
any railroad company proposing to construct,
or that has SO constructed railroad over or
upon the same, on the conditions and terms
hereinafter provided.
Sec. 2. Such right of way may be fifty (5o)
feet in width on each side of the centre line of
the main tracks, except wnere greater width
is necessary to protect the track against snow
drifts, and In such case q width not exceeding
one hundred and fifty (l50) feet in addition
may be taken, subject to the approval of the
Governor, as to the width to be taken.
Sec. 8. Any company desiring such right of
way depot, station grounds and water sta
tions shall furnish to the Governor plat show
ing the line of the road and the right of way
and additional width requisite to protect the
track against snow, and the depot, station
| grounds and water stations proposed to be
! taken, with a calculation of the acres contained
| therein, and on payment to the State treasurer
| of the sum per acre equal to the appraised
value of said land, if the same has been APP
praised, and if not appraised, at such rate per
acre as the Governor and commissioner of the
State land Office shall consider fair appraisal,
| but not at rate less than that fixed by the
constitution of the State, and upon such pay
| ment being made the Governor shall execute
| to such railroad company such deed or instru-
ment in writing as shall convey the use of such
| right of way over and upon such land and the
use of such land for depot, station ground and
water stations, so long as it shall be used and
occupied for railroad purposes.
l. Sec. 4. The funds SO paid shall be credited
| to the proper fund to which such land belongs.
Sec. 5. Any acts or parts of acts in SO far
as the same may conflict with this act are here
| by repealed.
Sec. 6. This act shall take effect and be in
| force from and after its passage.
Approved March TO- 1879.
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20

ANACT to amend section IS of title VI. of chap
ter rs, statutes at large of the State of Min>
nesota, relating to ''bastards and their sup
port"
Be it enacted by the Legislature of the State of
Minnesota:
Section l, That section weight (58) of til
Gle vi. (6), of chapter twenty-eight as statutes
ut large of the State of Minnesota, be amended
by adding to said section: Provided, that the
court may, upon the proof offered upon such
application, discharge such prisoner, or make
such proper order respecting any property, real
br personal, the defendant may own or possess,
having reference to the condition of the defend
ant and his family, if married man, as the
Justice of the case may require in connection
with such discharge"s
Sec. 2. This act to take effect from and after
Its passage.
Approved March 6, 1879.
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20

AN ACT in relation to chattel mortgages.
Be it enacted by the Legislature of the State OF
Minnesota:
Section l.. Whenever the mortgage in .
chattel mortgage has a remedy by sale OF tho
mortgaged property, authorized by the terms
of the mortgage in case of default, such mort
gagged property shall not be sJld at private sale.
but only upon previous written notice given, al
least ten days before such sale, by serving
copy of such notice upon the mortgagor, or
upon the person in possession of the property
claiming the same, if such person can be found
within the city, village town where the mort
gage is filed, or if such mortgagor or person can
not be found within such city, village or town,
then by posting three copies of such notice a.
follows: one copy in each of three of the most
public places of the city, village or town where
the mortgage is fled or where the property il
seized or taken under the mortgage.
Sec. 2. No mortgage, nor any one claiming
under him, shall have any right arbitrary OK
without just cause, based upon the actual e1-
istence of facts, to declare any of the condt.
tions or stipulations of mortgage broken prior
to the time of default in the paynent of such
mortgage, or prior to the time when the condi-
tions of such mortgage should be performed.
Sec. 8. Every chattel mortgage shall cease
to be valid as against the creditors of the per.
son making the same, or subsequent purchasers
or mortgages in good faith, after the explra-
ton of two years from the time of hllng the
same or a copy thereof, unle SIS before the expl-
ration of the two years the mortgage, his agent
or attorney, shall make and an lex to the in
strument, or copy on file as aforesaid, an afR-
davit setting forth the inte, est which the mort
gage has, by virtue of such mortgage, In the
property therein mentioned, upon which and
davit the clerk shall endorse the time when the
same was filed.
Sec f. The effect of any such affidavit shall
not continue beyond one year from the time
when such mortgage would otherwise cease te.
be valid as against subsequent purchases i'm
good faith, but before the time when any such
mortgage would otherwise cease to be valid a.
aforesaid, similar affidavit may be filed and
annexed, provided in the preceding section,
and with like effect.
Sec 5. Chapter fifty, of the general laws sf
Minnesota for 1875, is hereby repealed.
Sec. 6. This act shall take effect and be in
force from and after Its passage.
Approved February 26, 1879.
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20

AN ACT in relation to the general statutes of
1878 and their effect as evidence.
Be it enacted by the Legislature of the State
Section l. The edition of the general statutes
and other public laws of this State in force at
the close of the legislative session of eighteen
hundred and seveDsy-eight (1S7S) prepared byI
George B. Young, pursuant to chapter sixty
seven (67) of the general laws of eighteen hum
dred and seventy eight (1S7S), shall be cumpe-
tent evidence of the several acts and resoiu-l
tions therein contained in all courts of thisI
State without further proof for authentication.I
Sec. 2. Said compilation shall be known
and cited as General Statutes 1875"
SEQ. 8. This act shall take effect and be in
force from and after its passage.
Approved March s, 1879.
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20
Approved March 6, 1879.

AN ACT to amend section 1853 Of chapter s Of the
general statutes of 1866 relating to Register of
Deeds.
nesota:
Section 1. Section one hundred and hfty-three
TlSSl of chapter eight of the general statutes Of
1855 is hereby amended to read as follows:
SEQ 49, "Every register Of deeds before he enters
upon the duties of his Office shall take and subscribe
the oath prescribed by law which said oath shall be
endorsed on the certificate of his election appoint
ment recorded in book kept for the purpose in his
Office and fled in the Office of the clerk Of the
district court Of the county, or If there is such
once, with the clerk of the district court Of the
county to which his county is attached for judicial
purposes; and he shall also give bond, payable to
the State of Minnesota with good and sufficient sure
lies in the penal sum of five thousand dollars to be
approved by the board of commissioners of his
county conditioned that he will faithfully and i'm
partially fulfill the duties of his Office"
Sec. 2. This act shall take effect and be In force
from and after its passage.
Approved February %, 1879.
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20
AN ACT in relation to mill dams.

AN ACT in relation to mill dams.
Be it enacted by the Legislature of the State
of Minnesota:
Section l. That whenever, by any CONTRACT
or by proceedings under chapter 81 of the zen
eral statutes and acts amendatory thereof. the
owner of any mill dam has heretofore acquired
or shall hereafter acquire the right TO Cow the
lands OF another person in order to maintain a
head of water at said dam, and by reason 81
the breaking away of any natural or artificial
bank or margin of said stream, upon such
lands OF such other person, the water has be-
come or shall become divided from SAID stream.
1t shall be lawful for the owner of said dam ~
enter upon the lands of such other person,
doing no unnecessary damage, and to repair and
restore SAID bank so as to prevent the further
division OF the water from said stream.
Bee. 2. That any damage that may be caused
to the owner OF such lands by reason of such
entry thereon and the repairing of such bank
shall be maintained and paid in the manner
provided in said chapter 81 of the aeneraI
statutes in other cases.
SEQ. 3 This act shall take effect and be IN
force from and after its passage.
Approved March 8, 1879.
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20
THE COURTS.
90

AN ACT to authorize appeals TO be dismissed
from the supreme court during vacation upon
stipulation of parties.
Be it enacted by the Legislature of the State
of Minnesota:
Section l. That any Judge of the supreme
court shall, during vacation, have the same
power the court at term, to dismiss any
upon the stipulation of the parties To such APP
peal cunsenting to such Dismissal, to be filed
with the clerk Of said court.
Sec. a. This act shall take effect and be In
force from and after It's passage.
Appruwed March 4, 1878
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20

AN ACT to amend an act entitled, can act to
provide for the collection of taxes in nnor-
ganized counties approved March 2, 1876"
Be it enacted by the Legislature of the State Of
Minnesota:
Section !. That section one ~ of an act en-
titled An act to provide for the collection Of
taxes in 'norganized counties, approved March
=, 1875 be and the same is hereby amen led by
adding to the end thereof the following Pro
vided. further, that In the county of ltasca the
sum Of twelve (l2) mills per acre a. compensa-
ton for the county of Grow Wing may be levied
and collected as herein provided"
Sec. q This act shall take effect and be in
force from and after its passage,
Approved Maxeh G. l870.
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20
Ga

AN ACT relating to the time of holding terms
of the district court in the county of Cotton
wood.
Be it enacted by the Legislature of the State of
Minnesota
Section l. General terms Of the district court
shall be held in and for the county of Cotton
wood, commencing on the first Tuesday after
the fourth day of July, in each year.
Sec. 2 ALI acts or parts of acts inconsistent
with this act are hereby repealed.
Sec. 8. This act shall take effect and be in
force from and after its passage.
Approved March 5, 1879.
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20

AN ACT to facilitate the operation and con-
struction of the Northern Pacific railroad.
Be it enacted by the Legislature of the State Of
Minnesota:
Section l. The Northern Pacific railroad
pompany shall have the right and authority
lnder and pursuant to the general laws of this
Btate, as set forth in sections numbered thirteen
fourteen, fifteen, sixteen, seventeen, nineteen,
ewenty, twenty-one, TWENTY-FIVE, twenty-three,
twenty-five, twenty-six, twenty-seven, twenty
tight, twenty-nine, thirty and thirty-one of I'll
Gle one az of chapter thirty-four (34), of the
general statutes (revision of 1866, as amended
by chapter So of the general laws of A. d. 1872
md chapter IA of the general laws Of A. d. 1876
b condemn for public use, and to acquire and
bold all the real estate and property that are or
may be needed by said company for right of
way, depot grounds, engine houses, machine
shops and for all other purposes for which such
beal estate or property is or may be nesied by
bAid company, in the operation or construction
pf any line or lines of railroad, including not
enly all lines of railroad that have been or may
be constructed or acquired by said company,
but also All other lines of railroad that now are
er may hereafter be operated, either entirely or
In part by said company under any lease, con-
tract or other arrangement between said COM
pany and any other party or parties.
Sec. 2. This act il hereby declared to be
public act, and shall take effect and be in force
from and after its passage.
Approved February IA, 1879.
Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20

AN ACT defining equal rights to railroads Of
different gauges.
Be 1t enacted by the Legislature of the State Of
Minnesota:
Section l. That when the words RAILROAD
"a railroads" is used in any general or special
Jaw of this State, the same shall be deemed to
apply alike to al railroads, without reference
% the gauge thereof.
SEQ. 2. This act shall take effect and be In
kOrce from and after its passage.
Approved March s, 1873.