The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-24

nor more than three months. or until
such fine and costs are paid, not exceed
ing three months.
Sec. 4. This act shall take effect and
be in force from and after it's passage.
Approved March 80, 1903.
CHAPTER 1o5-H. F. NO. II.
AN ACT to amend chapter three hundred
and fifty-three (353) of the General
Laws of Minnesota of the year nineteen
hundred and one, entitled AN act au-
thor1z1ng appropriations by board of
county commissioners to reimburse GER
tain persons for money Illegally col
Iected from them as probate fees under
and by virtue Of chapter lob of the Cen
Be 1t enacted by the legislature of the
State of Minnesota:
Section l: That chapter three hundred
and hfty-three of the General Laws of
Minnesota of nineteen hundred and one,
be amended SO as to read as follows:
Section 3 That whereas, the supreme
court of this state, in the case of the
State of Minnesota ex rel, Edward E.
Davidson VS.. E. S. German, Judge of Pro-
bate, decided that the law of 1885, chapter
luz, of the General Laws of Minnesota,
requiring payment of an arbitrary fee as
a condition precedent to probating an
estate, was and is unconstitutional and
VOID; and, whereas, pursuant to said
chapter 103 certain executors. administra-
tors, trustees and estates were compelled
to pay into the county treasury of GER
tain counties various sums of money for
pears by reason of said decision of the
supreme court that said chapter 103 was
and is invalid, and that said sums of
money were unlawfully collected and
that the said counties have no right to
retain the various sums SO paid in; now,
therefore, be it enacted by the legislature
of the State of Minnesota:
Sec. 3. That upon proof being duly
made OF the amount paid into the county
treasury of any county in this state, hav-
ing population of one hundred and fifty
thousand or more, by any administrator.
executor. trustee, heir or heirs, leGatee,
or their SUCCESSORS or estates as an arbi-
trary fee as a condition precedent to pro-
batting an estate under said chapter 103.
that the board of county commissioners
of such county shall appropriate from the
clent to reimburse such administrator.
executor, trustee. heir or heirs, legatee
or estate for such payment or payments
made under said chapter JOB. In all other
ty commissioners are hereby authorized
and empowered to make such apprOpria-
lions. Provided, that no such appropria-
ton in any one case shall exceed in
amount the sum so paid into the treasury
by such administrator, executor, trustee
heir or heirs, legatee or estate And the
county treasurer shall pay the sum or
sums so appropriated by the board of
county commissioners, pursuant to this
act, and In case such administrators
executors. trustees, or legal representa-
tfves have completed their said trusts and
been legally discharged, that such money
shall be paid to the legal heirs or legatees
OF said estate or estates. Provided, that
the county commissioners in refunding
any money pursuant to the provisions of
this act, If they elect so to do, may make
IT payable in three consecutive annual in
StallmentS.
Sec. 4. This act shall take effect and
be in force from and after it's passage.
Approved March 81. 1903