St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1909-05-07

complaint shall be served on the defend
mad out OF this state N within the
United States. 1t may be proved by the
affidavit OF the person making the same.
court of the county to the identity of the
officer taking the affidavit, and when
made without the United States 1t may
be proved by the affidavit of the person
making the same, taken before and GER
tilted by. any United. States minister.
charge d'affairs, commissioner, consul. OF
commercial agent, or other counsellor or
diplomatic officer Of the United States
appointed to reside In such country, in
Guiding all deputies or other representa-
tives Of such officer authorized to perform
their duties; but If personal service can
not well be made, the court may order
service of the m by publication,
which publication shall be made as in
other actions"
Approved April 81. 1909.
CHAPTER ASS. F. NO. 42s.
AN ACT relating to the collection and
expenditure Of Dad taxes in all villages
in this state.
Be it enacted by the Legislature of the
State OF Minnesota:
Section 1. All road taxes, except poll
taxes, may be required to be paid in cash
majority of the voters Of such village
voting by ballot upon the question shall
so determine. Such question shall not
oe voted upon unless a petition signed by
lage PRAYING for the payment in cash of
all road taxes, is filed with the clerk or
recorder rec Of sHch village ten days before
which case the clerk or recorder shall
specify in the notice Of such annual cleo
ton that such question will be voted
upon. II u question is decided in the
affirmative. all taxes thereafter assessed
for the maintenance and repair Of roads
and bridges in such village shall be paid
IN money and %disbursed by the village
council or governing board Of such viii
lage as other village taxes. The village
council or governing board of such vii
lage may assess all the property Of such
vlllag not to exceed six mills on the dol
lar OH the last assessed valuation there
OF: and If they so assess, they shall GER
tify the same to the county auditor for
extension and collection, the same as
other village taxes, and before such taxes
are collected; such village council or gov
the credit of the village by issuing VIII
lage orders not to exceed the taxes so as
sessed. to the expense Of road and bridge
work,
Provided, however, that for the year
1903, upon a petition as above provided
for, being filed with the village clerk or
recorder on or before the last Tuesday
may u a special election to be held
for the purpose Of voting upon said ques-
ton. by giving the notice required in the
case &C. of SPECIAL 2Ehil e lee onsn in Villages;
be in force from and after its passage.
Approved April Il, 1909.
CHAPTER 1875. F. NO. 4S5.
AN ACT to amend section 2741 of the Re-
vised Laws of 1905, relating to demand
Be it enacted by the LEGISLATURE OF the
State of Minnesota:
Section 1. That section 2741 of the Re-
vised Laws Of 1905, relating to demand
ed as follows:
When a promissory note is payable on
demand, presentment for payment must
be made within five months after the date
the presentment and demand shall be
deemed to have been made within a rea-
sonaoie time. ANY act, neglect, or other
thing, occurring. within such five months,
which by the rules of law and the custom
OF merchants would excuse presentment
OF a note payable at a ixed time, shall be
deemed a dishonor of such demand; and
the several indorsers thereof. Upon due
notice Of it's d%ishonor, shall be liable in
the same manner and to the same effect,
n not otherwise, as upon the dishonor
Of a promissory note payable at a fixed
Sec. 2. All acts or parts of acts incon-
sistent herewith, are hereby repealed.
Sec. 3. This act shall take effect and
be in force from and after it's passage.
Approved April 20, 1909.
CHAPTER 437-s. F. NO. 446.
AN ACT in relation to the establishment
and maintenance Of safety funds GUAR
anty surplus and special reserve fundsl
by transacting. fire insurance
business and fixing the rights of policy
holders in and to such funds and the
uses to which the same may be ap-
piled.
Be it enacted by the Legislature Of the
State of Minnesota:
Section 1. Any insurance company or
ganized under the laws of this state, au-
5 5h9flSea to transact crsafe fbe fire f7,nd 5nsq ne1e9e
provided for, to be known and desig-
mated as the guarantee surplus fund and
the special reserve fund, and may avail
and the following sections Of this chap
ter, upon complying with the require
ments thereof.
Sec. 2. Any such insurance
if such action is authorized by it's stock
holders, upon the adoption Of a reso-
luton to that effect by it's board Of di-
board, or at any special meeting called
for hat purpose, and filing with the in
surance commissioner of the state a copy
thereof, declaring the intention Of such
business under the provisions Of this
chapter; and, as soon after the filing Of
such copy of the resolution as convenient,
or cause to be made, an examination Of
such company, and he shall make a GER
tificate of the result thereof, which shall
particularly, set forth the amount of sur
plus funds held by such company at the
date of such examination, the whole or
any part Of which, under the provisions
OF this chapter, may, be equally divided
between and set apart to constitute a
.9nfv SI1rn111c and Snooi91 racoryya fI1nSa
insurance department.
Sec. 8. After the date Of filing n
missioner, such company shall not make
or declare or pay in any form any divi-
dend upon its capital stock. exceeding
eight per cent per annum thereupon and
funds to be formed hereunder, until after
its guaranty surplus Jul and its special
reserve fund shall have together ac-
ital stock; and n part Of the surplus
profits of such company above such an
qua dividend, may be equally divided
between and set. apart to constitute the
special reserve fund. which funds shall
be held and used as hereinafter provided,
and not otherwise. And any company
doing business under this chapter, which
trary to the provisions herein contained,
shall forfeit it's charter and be liable to
be proceeded against by the attorney gen.
eral for it's dissolution.
Sec. 4. Whenever such company shall
notify the insurance commissioner that
it has fulfilled the requirements already
expressed in this act, and that it's guar
anty surplus fund and its special reserve
fund, taken together, equal it's capital
stock, the commission shall make an ex-
animation of such company and make a
certificate of the result thereof, and file
the same in his office, and if the COM
missioner shall find that said combined
funds shall equal the capital stock of