davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe., 1889-05-07
142.

H. F. No. 1o64-AN ACT providing foR
changing the place of trial OF actions com.
menced in municipal courts and courts Of
Justices of the peace in certain casea
SEcTIoN /. In any action hereafter brought
in any municipal court of any city or town
of this state, if the county designated as the
place Of trial in the summons be not the
county where the defendant or defendants
reside. the action may Notwithstanding b
tried therein, unless the defendant after an
swering, and before the time fixed for the
trial of said cause demands in writing that
the trial be had in the district court OF the
county where the defendant defendants
reside, and the place of trial shall thereupon
be changed to the proper county BY the
order of the court, and thereupon the cleiA,
of such municipal court shall transmit to,
the clerk of the district court where the de.
fendant or defendants reside, copies Of all
papers and files relating to said cause.
SEC. 9. When an action has been fnst-
tuted in any county OF this state In any jus
tice court of any county against any person
not resident OF the county where the jus
tice issuing the process resides, and said a0-
ton shall be appealed to the district court In
said county where said justice resides, tho
court OF the county where the defendant re-i
sides upon filing with the clerk OF the dis.
trict court Of the county to which said
action has been appealed an affidavit Of thoj
defendant or his attorney setting forth thatl
the defendant, or when there Is more than
one defendant, majority, resides In some
other county in this state; which anidavitI
shall be filed within ten days after the aP-|
peal has been perfected, and thereupon such3
action shall be transferred by or9er OF tnei
court to the district court Of the countyi
where the defendant or majority Of thsl
defendants reside, and the clerk Of such dis!
trict court shall thereupon transmit to the!
clerk Of the district court Of the propeIs
county certified copies Of all papers and
files in said cause.
SEC. 8. All acts and parts Of acts incon.
sistent with the provisions Of this act are
hereby repealed.
force from and after its passage.
Approved April "a, 1889.
St. Paul daily globe., 1889-05-07
4 Of.

d. Emo. 292.-AN ACT entitled an act to
amend section one ~, six (6), twelve
dN, nineteen (19), twenty-five (22).
! forty-three (43), and ffty-seven (57) OF
chapter one hundred and seven QO7), Of
the eEeneral Statutes Of 1878, relating to
graHd juries, and repeating all laws lncon-
sistent Herewith.
Be it enacted by the Legislature OF the State
! of Minnesota:
SECTION l. That section one ~ Of chap
ter dIe hundred and seven QO7) of the Gem
eral Statutes of 1878, in relation to grand
jurieS be and the same is hereby amended so
as to read as follows: Section one a.: The
grand jury is body Of eleven men returned
at stated periods from the citizens Of the
county, before q court Of competent jurisdic.
ton, chosen by lot and sworn to Inquire OF
public offenseS committed or triable in the
county.
SEC. 2. That section six (6) Of said chap
ter be and the same is hereby amended SO as
to read as follows: Section six (6): Atleast
fifteen (15) )days before the sitting OF any dis
trict court the clerk thereof. in the presence
of the sheriff, or his deputy, and q justice OF
the peace, shall proceed to draw the
names Of eleven (1D persons from the box
to serve as grand jurors at such court.
SEC g. That section twelve (l2) OF said
chapter be and the same is hereby amended
SO as to-read as follows: section twelve
(12): Not more than eleven Il nor less than
nine (9) persons can be sworn on grand
jury, nor can grand Jury proceed to busi-
ness unless nine of said number are present.
SEC. 4. That section nineteen (19) of said
chapter be and the same is hereby amended
30 as to read as follows! Section nineteen
(19): If challenge to an individual grand
Juror Is allowed he cannot be present ct or
take part in the consideration OF the charge
against the defendant who i0tsrposed the
St. Paul daily globe., 1889-05-07

H.F. No. 47O.-AN ACT requiring railway
companies to build and keep in repair high
way crossings.
Be it enacted by the Legislature Of the State
Of Minnesota
SECTION 1.-That all railway companies
operating line or lines Of railways in this
state shall build, or cause to be built and
kept in repair, good and sufficient crossings
bver such line or lines of railway, at all
points where any public highway Is now or
may hereafter be intersected by such lines of
railway.
SEC. 2. A good and sufficient crossing as
required to be Duilt and kept in repair as de-
Nominated in Section one Q) Of this act,
shall be, and is hereby construed to be as fol
lows, to wit:
First-Of grade Of earth on one or both
sides of the railroad track as the location may
require, grade or grades OF earth thirty-two
(32) feet in width, the middle point of which
shall be at the middle point Of the highway,
and such grade shall be of such slope as
shall be deemed necessary by the chairman
of the board of supervisors, or other officer
or officers having charge of the highway in
the town, district or village where such
intersection is located.
Becond-That planks shall be firmly spiked
on and for the full length Of the ties used in
the road bed Of such railway. where such
St. Paul daily globe., 1889-05-07
116.

H.F. No. 99.-AN ACT amending section
the General Statutes Of 1878, relating to
actions by or against executors, admins
traitors and heirs.
Be it enacted by the Legislature of the State
Of Minnesota:
ter seyenty-seven (77l Of the General Stat
utes of 1878 be and the same Is hereby
amended SO as to read as follows:
When death Is caused by the wrongful act
or omission of any party or corporation, the
personal representatives Of the deceased may
maintain an action, If he might have main
tanned an action. had he lived, for an injury
caused by the same act or omission by which
the death was caused; but the action shall be
commenced within two years after the act or
omission by which tho death was caused.
The damages thereon cannot exceed ten
thousand dollaxa (S1Q 000A and the amount
St. Paul daily globe., 1889-05-07
1Sl.

H.F. No. 5s1.-AN ACT to hx dates for
holding general terms OF the District Court
In the Sixteenth Judicial District OF Min.
nesota.
Be it enacted by the Legislature Of the State
Of Minnesota:
SECTION 1. The general terms Of the dis
trict court in the Sixteenth Judicial district.
Minnesota, shall be held as follows: In the
county of Stevens. on the third Tuesday OF
May, and the first Tuesday Of November; In
the county of Grant, on the fourth Tuesday
of May in each year: in the county of Big
Stone on the second Tuesday OF May, and the
first Tuesday of October In each year; In the
county OF Traverse on the second Tuesday
Of june, and the third Tuesday Of November
in each year; in the county of Wilkin on the
third Tuesday Of June, and the first Tuesday
Of December In each year, provided, that no
grand or petit iuries shall be summoned for
the third Tuesday Of June term, unless the
Judge of laid court shall deem 1t necessary
In which case he can do 20 a. now provided
by law.
St. Paul daily globe., 1889-05-07
1120.

II. +. No. 534.-AN ACT to amend section
sixteen (16) Of chapter sixty-f1ve (65),
General Statutes of 1873, relating to serv-
Ice of summons in justice courts.
Be it enacted by the Legislature OF the State
of Minnesota:
SECTION 1. That section sixteen Q6) Of
chapter sixty-fve Of the General Statutes Of
1878. be and the same is hereby amended SO
as to read as follows:
Sec. 16. Every justice issuing any sum.
mons authorized by this title, upon being
satisfied by the affidavit of the party apply
ing for such summons, his agent or attorney,
that the defendant is about to depart from
this state, or is about to dispose of his prop
erty with the intention of defraudlng his
creditors and setting forth that he has made
due and diligent search for an officer to
serve the same, and that no regular, qualified
officer can be found in said county to serve
such summons IN time, may empower any
suitable person, not party to the action, to
execute the same by an Endorsement upon
the summons to the following effect: AT
the request cost and risk of the plaintiff,
authorize A. B. to execute and return this
summons, E. F., Justice of the Peace, and
the person SO empowered shall thereupOn
possess all the authority OF constable in re-
1ation to the execution OF such summons,
and be subject to the same obligations.
Provided, that no such person SO emp0w-
cred shall charge or receive any fees either
for service or mileage for serving such proc
ess.
SEC. 2. This Act shall take effect and be
in force from and after Its passage.
Approved March 20, 1889.
St. Paul daily globe., 1889-05-07

4
be insertedl, SECRETARY Of the state Of Mime n
Oen7es of the subscribers to the articles OF IN
corporation shall be insertedl, their assocls,
stes and successors, are legally crganlzeo
aud established as, and are hereby mace an
existing corporation under the name Oh tneIe
the name of the corporation snaa riv;Iaens vi
and subject to the limitations, duties ana r.
f!9s5 sss ~ yS;ss Ssiai = i s .!s5 Ssi;;;G:5 s5
scTibed, and the seal of the state OF Mime
sota heyeunto affixed this day o.; IN
the year 49,. I'm these blanks the DAY,
month and year of execution OF lhlS ceTllu-
cate shall be inserted.]
The secretary shall sign the same ana cause
the seal of the state to be thereto athEeu, anu
such certificate shall be prima faele evidence
of the existence of such corporation. ne
shall also cause record OF sucn certincale W
be made, and certified copy of such record
may be given in evidence with the Ike suecs
as the original certificate.
: SEC. 2. Whenever any corporauon aireaoy
Incorporated under the provisions OF SAID
chapter 34 shall have complied with tne pro-
visions of said chapter Sd in regard 10 the
fling for record of the articles Of incorpora..
ton and of the requisite affidavit OF PROOF OF
publication. and shall make application LOT
such certificate and shall pay one Collar
therefor the secretary or state snail uiele
upon issue q certificate In the FORM pIS-
scribed in the preceding section. And such
certificate shall have the same force ana
effect In all respects, and certified copy
thereof the same force and effect as II sncn
Certificate had been issued to a corporaioits !
Incorporated subsequent to the passage o.
this act And the secretary shall keep 1ec'
erd of all such certificates issued.
SEC s. This act shall be in force anu taAe
effect from and after its passage.
Approved April 24, 1889.
St. Paul daily globe., 1889-05-07

-~FE-~' - Ky
4, ]. 3. :. -. l59.ssss...;
Y4aAS e. AZ Asa aens9.l lss Es q 1ss s7sysn
titled, IAN act for the taxation Of railroad
Be i enacted by the Legislature Of the state
snoTioN /. That chapter eleven III Of the
General Laws of 1887 be and the same Is
hereby repealed. =
SEC. 2. This act shall be submitted to q
vote of the people of the state for their ap-
proval or rejection at the next general elec-
ton, and each of the legal voters of said state
may, In their respective districts at said elec-
turns thereof shall be made and certified and
the result thereof declared in the manner
provided by law for returning, certifying ana
cAnyasSing votes at general elections for state
officers and declaring the result thereof; and
II 1t shall appear therefrOm that majority
OF the electors OF the state voting at said elec-
ton have voted In favor Of said act then,
within ten QO) days thereafter the governor
shall make proclamation thereof, and SUCH
force for all purposes.
Sec. 8. The ballots used at said election
by those voting In favor of said act shall
have written or printed, or partly written and
partly printed thereon the following: "For
repeal Of act of 1887 relating to taxation OF
railroad companies-Yes:" and the ballots
used at said election by those voting against
said act shall have written or printed, or
partly written and partly printed thereon the
ing to taxation Of railroad companies.No:" :"
Sec. 4. This act shall take effect and be In
force from and after its passage.
Approved April "a, 1885,
St. Paul daily globe., 1889-05-07
l3O.

II. +. No. 573-AN ACT fixing the time for
holding the general term Of the district
court In the county of Hubbard, in the
Fifteenth judicial district.
Be it enacted by the Legislature Of the State
Of Minnesota:
SECTION /. That the general term of the
district court, in the county of Hubbard. in
held in each year on the third (3rd) Monday
of June.
SEC. 2. All writs, processes. bonds, recog-
nizances, continuances, appeals, notices and
pleadings had, issued or returnable to any
strued as returnable to the terms of court as
fixed by this act.
SEC. s. All acts and parts Of acts incon-
sistent with this act are hereby repealed.
SEC. 4. This act shall take effect and be in
force from and after its passage.
Approved March 3, 1899.
St. Paul daily globe., 1889-05-07
l31.

HF. No. ss5.-AN ACT to fix the times for
holding the general terms of the District
Court for the Seventh (7th) Judicial Dis
trict.
Be it enacted by the Legislature Of the State
Of Minnesota:
SECTION /. General terms OF the district
court in and for the Seventh (7th) judicial
district shall be held in the several counties
oomprising said district annually as follows:
In the county Of Benton on the third (3d)
Monday of January.
In the county Mile Lacs on the nzft (1sC
St. Paul daily globe., 1889-05-07
llS.

n. F. No. 9e-AN ACT entitled an act pre-
scribing the time for holding the general
terms Of the district court in the several
counties of the Twelfth judicial district.
Be It enacted by the Legislature OF the State
of Minnesota:
SECTION 1. The general terms of the dis
trict court shall hereafter be held in the sew
eral counties, comprising the Twelfth judi
cial district as follows
In the county of Chippewa. on the fourth
~ Tuesday Of March and the third (3d) Tues
day of october Of each year.
In the county of Kandiyohi, on the first
QsD Tuesday Of June and the second (2d)
Tuesday Of December of each year.
In the county of Lac qui Parle, on the first
NTuesday of May and the fourth (4th) Tues
day of September Of each year.
In the county of Meeker on the fourth (4th)
TUESDAY Of May and the fourth (4th) Tues
day of November of each year.
In the county of Swift on the third (3rd)
Tuesday of March and the third (3rd) Tues
day of September of each year.
In the county Of Yellow Medicine on the
Tuesday of March and on the fourth (4th)
Tuesday of October of each year.
SEC. 2. All Writs, process, orders, con-
tnuances, appeals recognizances, notices
and proceedings issued, made or returnable
to the general terms of court In and for said
prior to the passage of this act, shall be
deemed and construed as made, taken and
returnable to the proper term of said court
in the said counties respectively as pre-
scribed in this act.
SEC 8. The court may by order dispense
with the trial jury at one Of the terms in each
year in the county of Lac qui Parle when
ever in Its judgment the amount Of business
Is such in this county as to render IL inex
pedient to call such jury; such order, If
made, shall be 80 made thirty days or more
before such term, and no venire for such Jury
shall be issued more than thirty (3O) days
prior to any term, but nothing herein shall
pc SO Gonse,a @ as psssnrars me Issuance ol
vided by law, and the said court may issue
such special venire in case Of emergency or
necessity, even after such order has been
made.
SEC. A. All acts or parts Of acts inconsist-
ent with this act are hereby repealed.
SEC. 5. This act shall take effect aud be In
force from and after its passage.
Approved January %, 1889.
St. Paul daily globe., 1889-05-07
challenge Of {he deliberations Of the grand
Jury thereon. but his place must be filed as
proYfded for In case Of deficiency Of grand

challenge Or {he deliberations Of the grand
Jury thereon. but his place must be filled as
Provided tor IL case o{ deficiency Of grand
4 SEQ. s. That section twenty-five (22) Of said
chapter be and the same is hereby amended by
striking thefefrom the words ''and il after
wards dhy grand Juror appears and Is ad-
IItt;ed e suGA} y H. shs Same oath shall BE ad
Ssc. ). f6al sectioh forty three tl3) Of
said chapter be and the same Is hereby
amended to read as follows: Section forty.
three (43): No presentment con be found
without the concurrence Of at least seven
81 grand jurors. When SO found It shall be
signed by the foreman whether be is one OF
the seven (7) SO concurring or not.
SEC. 2. That section ffty-seven U7) OF
said chapter be and the same Is hereby
amended so as to read as follows: Section
ffty-seven go: No indictment can be
found without the concurrence Of at least
seven grand jurors. When so found 1t shall
be Endorsed "a true BILL" and the indorse-
ment signed by the foreman Of the grand
Jury whether he Is one Of the seven SO con-
curing or not.
SEC. 8. All acts and parts Of acts incon.
sistent with the provisions Of this act are
hereby repealed, except that as to any grand
1uries heretofore drawn, and any acts
done by them. the laws heretofore in force
shall remain in full force ana effect, not
withstanding the passage hereof.
SEC. 8. This act shall take effect and be in
force from and after Its passage.
Approved March %, 1889.
St. Paul daily globe., 1889-05-07
19.9.

a. +. No. 264.-AN ACT to amend section
244, of chapter &C. General Statutes Of
Minnesota, 1879, relating to decisions Of
courts filed out of term.
Be it enacted by the Legislature Of the State
Of Minnesota:
SEcr1oN /. That section 244 be 80 far
amended as to read as follows: Section 244:
In addition to the general terms, the district
court is always open for the transaction OF
all business; for the entry Of judgments of
decrees Of orders of course, and al; such
other orders as have been granted by the
court or judges and for the hearing and de-
termination of all matters brought before the
court or judge. except the trial of issues Of
fact. The judges Of the several district
courts may. by order. appoint such special
terms in the counties of their respective dis
tricts as may be deemed necessary or coz
inbefore mentioned may be transacted.
When any matter is heard by the court or
judge the decision may be made out Of term,
and such decision may be an order, or a
direction that an order or Judgment or de-
cree be entered. and upon filing in the Office
of the clerk la the county where the action
or proceeding is pending, the decision in
writing, signed by the judge an order or
Judgment or decree, as the case may require.
If any, shall be entered by such clerk in con-
formity with such decision. And when any
order or decision shall be filed in any. cause
the clerk of the court wherein it is filed shall
Immediately give notice, in writing, by mail
or personally, thereof to the attorneys OF
record in such1caus for which service such
clerk shall receive fee of l5 cents for each
notice given. Provided that the notice so
given shall not be construed as limiting the
time Of appeal or to take other proceedings
on any such order or decision.
Sec. 2. This act shall take effect and be in
force from and after its passage.
Approved March I, 1889.
St. Paul daily globe., 1889-05-07
%, 1899.
l4l.

Il. F. No. 1041-AN ACT relating 10 the u
lowance of the accounts of guardians OF In
sane persons.
Be it enacted by the Legislature Of the State
of Minnesota:
SECTION 1. That In all cases where Q
guardian Of an insane person has heretofore
paid in good faith any debts or claims against
the estate which he represents, without tho
same having been duly approved by law, and
whose final account has not yet been settled,
such payments may be allowed by the Judge,
of probate, on the final settlement Of said
guardian, upon proof satisfactory to said
Judge Of probate that said claims or debts
were Just and existing demands against said
estate at the time of said payment.
SEC. g This act shall take effect and bel
force from and after its passage.
Approved April "a, 1889.
St. Paul daily globe., 1889-05-07

Il. +. No. GAN ACT to change the time
for holding the general terms Of the Dis
trict Court in and for the County of Wa
dena, in the Fifteenth Judicial District.
Be 1t enacted by the Legislature Of the State
of Minnesota:
SECTION 1: That the general terms Of the
District Court in and FOR the county OF Wa
dena, in the Fifteenth judicial District of
the State Of Minnesota, shall be held at the
times following, VIZ: On the first Monday
in June and the first Monday in December in
each year.
Sec 2. That all writs, proofs, bonds. rec
osnizances continuances, notices and pro-
ceedings had, issued or returnablo to the
terms Of court In and for said county as fixed
by law prior to the passage Of this act, shall
be deemed and be construed as made, taken
and returnable to the proper terms Of court
in said county as fixed by this act.
Sec. 3. All acts and parts of acts incon-
sistent with this act are hereby repealed.
SEC. 4. This act to take effect and be in
force from and after its passage.
Approved January 25, 1889.
St. Paul daily globe., 1889-05-07
State, District and Justice
!, Courts. es.~=s
4 IN. &c

Il. F. No cO.-AN ACT relative to the pow.
ers and jurisdiction Of judges Of the dis
trict court.
Be it enacted by the Legislature of the State
of Minnesota:
SECTION /. In all actions and proceedings
now or hereafter pending in any district
court of this state, or before any judge there.
of, except in trial OF causes where the trial
has already commenced. where the judge
who should be present at any hearing is not
so present by reason of sickness or otherwise.
any Judge of the same Judicial district may
act in the place of said Judge who is not SO
present. with the same Jurisdiction, power
and effect as if such action or proceeding
was conducted and acted upon by said abb
sent judge. = -
SEC 2. This act shall take effect and be IN
force from and after its passage.
Approved February 4, 1889.
St. Paul daily globe., 1889-05-07
l4S.

a. F. No. 1,O7O.-AN ACT relating to the n
lowance of accounts Of executors and 3D.
minlstrators.
Be it enacted by the Legislature Of the Stats
of Minnesota:
SECTION /. That in all cases where eny
executor OF administrator has heretofcro
paid, in good faith, any debts or cla1ma
against the estate which he repyeseuta, With
St. Paul daily globe., 1889-05-07
Ill.

Il htssvs Ne AN az d Act s sRsnS
(73) of the General Statutes of eighteen
hundred and seventy eight (187S), relating
to the exemplifcation Of judgment of JUS
tice in another state.
Be it enacted by the Legislature Of the State
Of Minnesota:
SECTION /. That section eighty.seven (s7)
Of chapter seventy-three (73) Of the General
Statutes Of eighteen hundred and seventy
eight (197s). be and is hereby amended by
inserting the words ''or his successor In Of.
fice' after the word Justice" in tho third
line Of said section.
SEC. g. This act shall take effect and be In
force from aud after its passage.
Approved Feb. IL, 1889.
St. Paul daily globe., 1889-05-07
o.. =

q. r. No. s12-AN ACT to subject certain
companies, associations and corporations,
organized under laws Of this state to the
provisions of the state banking laws.
Be it enacted by the Legisture OF the State OF
Minnesota:
SECTION /. All companies, associations
and corporations organized under any law OF
this state other than the. general or special
banking laws. or the laws relating to trus
companies which assume and exercise any
of the privileges, functions and powers con-
ferred upon banking associations duly organ.
lied under the banking laws of this state.
shall be subject to all the limitations, penal
ties and requirements incident and pertain
ing to such functions, powers and privileges
SO assumed and exercised, In the same man.
ner and degree and the stockholders, persons
or owners forming such companies. associa-
tons and corporations shall be liable in the
same manner and to the same extent as they
would be if such companies, associations and
corporations were duly organized under the
banking laws Of this state.
SEC. 2. This act shall take effect and be In
force from and after its passage
Approved April q, 1889.