The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-03

ldIlSudSe, equlppcu Will lHc iCCCoSehiJ
materials, excepting newspaper press. and
skilled workmen for preparing and print
ing the same in whole or in part in the
village, town or city in which it is dated
and generally circulated in the iowa city
or county where said office or place OF
business is located; provided, that no
publication shall be considered a newspa,,,
per of general circulation unless 1t shall
have been printed in " hole or in part and
published in the county for one year, and
shall consist of the equivalent in space OF
four pages, or more, of five columns or
more, to each page, ard each column
shall be not less than seventeen and three
quarters inches long, and the proprietor
or publisher thereof shall print, publish
and deliver at each regular issue not less
than $40 complete copies of such publica-
ton to paying subscribers; provided fur
Their that publications which are dupli-
wholly of patents. or plates and patents
and advertisements, shall not be recog,,
nized as legitimate newspapers or general
circulation; provided further, that any
newspaper which has heretofore or may
hereafter become a legal newspaper with
in the terms of the foregoing definition Of
a legal newspaper, and which shall here
tofore have been, or may hereafter be
destroyed by fire or other casualty, SO that
it's regular publication and issue shall
have been, or may be suspende d, ana IN IN
months, and shall continue to be legal
newspaper within the meaning of this act.
and for all purposes, immediately upon
sue by the same publisher. his heirs or
legal REPRESENTATIVES, under the same name
and in the same town. village or city
where it was published ard issued prior
to its destruction and suspension by fire
or casualty.
Sec. 2 This act shall take effect and be
in force from and after it's passage.
Approved April "a, 1897.
CHAPTER 2s6-H. F. NO. 100
AN ACT to authorize the formation of
Der lumber and other f1oatabes. and to
define their powers and duties, and the
duties Of surveyors of logs and lumber
relating thereto, and fees therefor; also,
to provide for lien and it's enforcement.
Be It enacted by the Legislature Of the
State of Minnesota:
Section l. Any number of persons, not
less than three 90. desiring to form a cor
up and securing. logs. timber. lumber
or other floatables lying along or
adjacent to the shores or. banks of
any waters within this state, upon
which waters there is, during the
open season of each year, an existing
commerce carried by boats vessels and
other water craft, drawing eight (S) feet
of water or more, or floating on such wa
tiers and not in the care or control of the
owner or owners thereof and to sort.
raft, BOOM drive, tow, hold, handle and
deliver the same to the owners thereof,
or for the. whole or any part of said pur-
pose, may do so by complying with the
provisions of this act; and any corpora
ton so formed shall be entitled to the
rights and privileges and be subject to the
duties and obligations herein prescribed.
Sec 2. Any corporation formed under
this act, in whole or in part, which has,
or may hereafter take possession of any
such waters of this state or any consider
able portion thereof, as hereinafter pro-
vided. and not occupied by any other cor
power to take possession of and secure all
logs, timber. or other floatables found
upon the banks or shores of any such wa
tiers, or floating on such waters adjacent
to such shores or banks, and not in the
care or control of the owner or owners
thereof: and to boom. raft, drive, tow
sort, hold, handle and deliXer to the own
and uniform tolls on all logs, timber. lum-
Der, or other fioatables so secured, and
shall have lien for such tolls and the
cost and expense of picking up, securing
booming, rafting, driving, towing, sorting
delivering, and the care and custody of
the same or for any part of such services,
on all logs, timber lumber or other float
and may seize in whosoever possession
found, and hold sufficient amount there
OF to pay the same; and may enforce
liens ether liens are by
may ask, demand sue for, or collect and
receive from the owner or owners of the
same, the amount due for such tolls, costs
or expenses.
If the owner of such logs, timber, lum-
Der or other doatables cannot be ascer-
tainer, or is without the jurisdiction of
the court, the proceeding to ascertain and
determine the amount of such lien may
be against the property, and commenced
by filing the complaint of said corpora ton
claiming such lien. in the proper court,
which shall contain a statement of the
nature and amount Of the claim and a de-
scription of the property held, and that
the owner of such property is unknown
or is without the jurisdiction of the court
and praying for a Judgment against
such property for the amount of such
claim, which petition shall be verified
OF such ne fling the the same of s
agent or attorney. The plaintiff shall
thereupon. and before any trial shall be
had, or judgment rendered in such pro-
ceeding, cause a notice to be published
for four az successive weeks at least
once in each week, in some newspaper
printed and circulated in such county;
or, II none Is printed and circulated in
such county, then in such other newspa-
per published in this state as such court
shall direct; which notice shall state the
title OF the court, the name Of the plain
erty taken, if known, the nature and
amount of the claim, and the description
OF the property upon which the lien is
sought to be enforced
The owner of such property shall have
the right to appear and defend in such
proceeding at any time before Judgment
upon such terms as the court shall di-
IeCl, ctIlu Ill case OI his appearance.
issue shall be formed and all subsequent
proceedings in such case shall be in ac-
cordance with the practice of this court
If the owner shall fail to appear in
ex parte to hear, try, and determine the
facts alleged in such complaint and rem
der such judgment thereon as justice may
require.
If judgment shall be rendered in favor
of such plaintiff, the court shall there
upon order that the property covered by
such lien, or so much thereof as may
amount of such judgment with costs; or
such liens may be enforced by a sale of
the property in the following manner:
When the owners Of the property COW
cred by such lien are known, such cor
poration shall notify such owners Of said
lien, by written or printed notice con-
tanning a description of the property and
notice may be served on the owner or
owners personally or by mail; if sent by
mail, such notice shall be deposited in the
postof1ice at the place where the principal
office Of said company is located enclosed
in a suitable envelope, and postage paid
thereon, addressed to such owner or
owners at his or their place of residence,
according to the best information and be-
lief of the persons making such service;
and if the amount of such lien is NOT
paid within ten QO days after the serv-
ice OF such notice. not e., such corporation shall
the lien. at public auction, by giving no
tice of the time and place of said such
sale by advertisement for ten QO DAYS
in some newspaper published or printed
in the county where the storage boom of
said company is located prior to the date
of such sale: or, if there is no such news
paper, then by posting notices of the time
and place of sale in three 90 of the most
public places of said county, ten QO
days before said sale: the proceeds of the
sale to be applied. first, to the discharge
of such lien, costs and expenses of keep
ing and selling the property; the remain
der, if any, shall be paid over to the own
er thereof. When the owners of such