New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1891-04-29
CHAPTER 4e-s. =, No, 800,


such certificate has been duly filed for rec
ord and actually recorded after expiration Of
twenty days from the date Of such sale or
certificate, in the office Of the register Of
property was then situate, then and in every
such case, such official certificate, as well as
such record thereof is hereby legalized and
made Valid and shall be effectual to all IN
tents and purposes as of and from the date
when such certificate was so filed for REQ
ORD, except as against any person who has
purchased SAID real property or some part
thereof from the former owner thereof in
good faith and for a valuable consideration
more than twenty days after such official
sale, and Without notice thereof, and before
ch>certificate was SO filed for record; and
every such certificate and such record thereof
shall be Prims facie evidence that all require
ments of law in that behalf were duly COM
Piled with and Of the validity Of such sale.
SEQ. 2. That this act shall take effect and
be In force from and after its passage.
r. Approved April 20, 1891.
:
CHAPTER 47-H. F. NO. esB.
An act entitled an act to legalize and validate
proceedings had, taken and done by savings
associations under the provisions Of section
eleven Q1) OF chapter twenty three [23) Of
eight hundred and sixty-sevep qS6D, and
OF all acts amendatory thereof and supple
: mentary thereto.
Be it enacted by the Legislature Of the State
SECTION 1. That all resolutions and all pro-
ceedings had, taken or done by any savings
association formed and existing under and
~ ~, virtue OF the provisions of section eleven
eral Laws Of the year one thousand eight
hundred ana sixty-seven Q66D. and of all
acts amendatory thereof and supplementary
thereto. attempting and purporting to con-
form to the provisions Of said statutes. are
hereby validated and legalized and made Of
the same force and effect as though all such
had been originally authorized by law.
Seq. This act shall take effect and be in
force from and after its passage.
Approved April Is. 1891.
CHAPTER 4s-s. F. NO. "a.
An Act to provide for the care and invest
m nsent; 81 the permanent funds Of cemetery
Be it enacted by the Legislature Of the State
OF Minnesota:
SECTION 1. Whenever the trustees of any
cemetery association, not specially provided
Tor by chapter one hundred and sixty-eight
(16s) OF the General Laws of the State OF
Mlnnesota for the year one thousand eight
hundred and eighty-seven QSS7), at any reg
ular meeting or special meeting by ,resoiu-
ton adopted by a two-thi1ds vote of such
BOARD, determine to constitute a board OF
trustees OF the permanent fund for such
cemetery association. they shall file copy Of
such resolution with the judge Of probate of
the county in which such cemetery associa-
tion'is situated, and thereupon it shall be the
DUTY OF such judge of probate TO appoint
three (O persons who shall be resident free
holders OF the town. city or village where
such cemetery association has its. place Of
business, and such persons shall also be
members OF such cemetery association.
said judge of probate in making such ap-
Pointment shall designate one for the term
OF two ca years, one for the term of four ~
years and one for the term of six .CO years;
and the persons so designated shall be known
as the trustees of the permanent funds Of
shcn cemetery association, and, thereafter.
II shall be, the duty of such judge Of
probate, or his successor in office, to
appoint member of such board every
two G) years; excepting those first
appointed. such trustees shall hold their
office for the term of six (G years and until
their successors are appointed and qualified.
Sucn trustees, before entering upon the duty
Of their Office, shall each execute bond run
ming to such judge of probate or his success
sor IN Office in such sum as he may determine,
not less than two thousand (2,000) dollars,
conditioned upon the faithful performance
of their duty rs such trustees and for the
paying over i'll the manner herein provided
any FUNDS coming into their hands. Said
bond shall be approved by the Judge of pro-
bate and be recorded in the office Of the reg
lister of deeds of the proper county and in
case OF a breach of its conditions shall be en-
forced by an action in the name of the judge
OF probate for the use and benefit of such
cemetery association.
The said board of trustees Of the perma-
nent funds of such cemetery association may
take i'll their name as such trustees, by gift or
request, any property real or personal, and
shall also receive ten t10) per cent upon the
sale Of the lots Of such cemetery association,
such percentage to be paid them yearly by
the trustees of the association.
IL the case OF q gift or bequcst OF property
other than money. said board Of trustees of
the permanent fund may retain such property
Or convert the same into cash. All funds
coming into the hands or the trustees of the
,ny TJ- Fln
vested in the same manner in which savings
banks of the State of Minnesota are permitted
to invest their funds. and not otherwise and
the principal of such fund shall III all cases
remain intact and inviOlate. Said board OF
the permanent fund shall ten q0) days be-
fore the annual meeting of the trustees of
the cemetery association in each year render
statement OF account OF the property in
their hands ana under their control to the
treasurer of the association, and shall at the
same time pay over to the treasurer all &C.
cruIng income and profits, interest and rents
arising from such fund, or the property held
by them as such trustees: and the receipt OF
the treasurer shall be sufficient voucher
therefor.
SEC. 3 Such income 30 paid over shall be
used in the discretion Of the trustees of such
association solely for the care, maintenance
and Improvement Of such cemetery. its
grounds and. avenues; provided, that il by
any bequest the care of any part Of such Gem
etery is provided for, the terms of beques
shall be complied with; and provided fur
Their, during the year for which any income
is paid over to the trustees OF the association
any part of such income remains unexpend
ed and unappropriated it shall be returned te
the trustees Of the permanent fund and be
come principal of such fund.
SEC. g., A notice of the appointment o.
such trustees shall be filed with the secretar,
Of the association, and a proper record there
OF and all proceedings pertaining thereto
shall be Kept by the Judge Of probate i'll {
required of the trustees of the permanent
fund shall be given for the full term 70
which the trustee is appointed and until hi
successor Is appointed and qualified; pro
may, when they deem it expedient requir,
the renewal of such bond.
In case OF the death, resignation, disabilft,
or removal Of any member or members Of tht
board OF trustees of the permanent fund, tbs
judge of probate shall fill such vacancy by
appointment to be for the balance OF the
term ana until the successor Of the person
case Of the death. resignation, disability o.
removal of one or more Of the trustees Of the
permanent fund. all tho rights. title, powe I
authority, franchises or trusts whatever ex
listing in such trustee at the time of such
death, resignation, disability or renloya
shall at once without any act Of conveyance
vest IN the survivors or survivor until the Va
cancy or vacancies 30 occasl6ned shall be
filled. when the same shall in the same man
"
all newly appointed trustees shall at ones
upon qualification succeed 10 an equal share
in all the rights, titles. powers. authority
franchises or trusts belonging to such board,
and the same shall always be vested in the
members of such board az actually constt
tuted,
SEC. A. In case OF the death, removal, res
tgnation or disability OF all the members oil
the board Of trustees OF the permanent funds
all the rights, title. interest," authorities, pow
ers franchises or trusts shall without further
act At once vest In the district court OF the
district in which such cemetery Is situated, to
be exercised and discharged by the judge Of
such court in trust for such cemetery. a4socia
ton until such board be constituted In the
manner herein provided.
Sec. 8. The secretary Of the cemetery asso
citation shall act as secretary Of the board 81
trustees of the permanent funds and shall
keep full record Of their proceedings, and
mono OF the trustees shall receive any fees Of
compensation whatever.
SEQ. 8. This act shall take effect and b II
force from and after the date Of its pass1 81
Approved April u. 1891.
CHAPTER 49-H. r. NO. 3I7.
An Act to validate and confirm the ofio3l
Il ~