The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1909-04-30

made to the state auditor upon blanks
prepared by him, who shall issue his
warrant to the state treasurer authoriz-
one hundred and fifty dollars, said treas
urer shall issue his receipt therefor and
upon the filing Of said receipt with the
entitled to such license for the period
elapsing from the date of such license
until the first day of May next ensuing,
Sec. 8. No person, co-partnership, firm
or corporation shall carry on the BUSH
ness of transient merchant in more than
one place in this state at the same time.
shall be construed as prohibiting. or in
any way limiting or interfering with the
right of any city. village or other munic-
dxsio0 o tbe stare % reat or
cense the carrying on within such munic-
ipality of the business of hawker or ped
where authority has been or shall here.
after be conferred upon it so to do, but
the requirements Of this act shall be in
Sec. 7. Any license issued pursuant to
the terms of this act may be revoked by
the secretary Of state upon the convic-
ton of any person to. whom the same
representation or misrepresentation In the
sale or any goods, wares or merchandise
Or or upon o, conviction Of such person OF
or drug, or the sale of any food deletert-
Gus to health and the filing with the
secretary of state of certified copy of
the final Judgment of any court in which
any such person may have been tried
showing his conviction of such offense
shall be sufficient authority for the revo-
cation Of such license.
Sec. 8. Every person and each menu
Der of any firm or co-partnership and each
OFFICER of any corporation engaging in or
following the business. Of hawker, ped
der or transient merchant in this state
without having first obtained a license
as hereinbefore provided shall be deemed
guilty or misdemeanor.
Sec. g. The provisions of this act shall
not apply to persons engaged in inter-
state or foreign commerce, nor to the
sale of articles which at the time Of
such sale are the subjects of interstate Or
foreign commerce, nor to the statesmen Of
wholesale merchants or manufacturers in
solicitation by permanent merchants or
their employees of orders from customers
resident in the same or the adjoining
county as such permanent merchant;
nor to any sale made by virtue Of any
Judgment, order or process Of any court or
upon the foreclosure of any mortgage or
the United States or in the enforcement
of any contract right or lien, nor to the
sale by any Individual of any article
sec To- No G license nnm under this act
shall be required of any person for car
rying on his business or calling in any
city of this state having a population OF
$4,000 or over when he has been duly
licensed thereto by such city.
Sec. II. This act shall take effect aud
be in force from and after it's passage.
Approved April 10. 1909.
CHAPTER 24e-s F. NO. 311
AN ACT to amend section 2s13 of the
Revised Laws Of 1905, relating to
auctioneers.
Be 1t enacted by the Legislature of the
Section 1. That section 2S13 Of the
Revised Laws of 1905, be and the same
is hereby amended so as to read as
Sec. 2S13. The county board or audi
tor may license any voter of its county
as an auctioneer. Such license shall be
lie the iicensee to conduct the business
of an auctioneer in the county in which
the same is issued, and adjoining coun-
be- hs By IF the audea in
book kept for that purpose. Before such
license Is issued, the iicensee shall pay
into the county treasury a fee of ten
Sec. q This act shall take effect and
be in force from and after its passage.
Approved April 10. 1909. !
CHAPTER 25O-s. F. NO. BAT.
AN ACT to amend section 442, Revised
overseers '' of roads in territory not
organized into towns.
Be It enacted by the Legislature Of the
| State of Minnesota:
Section 1. That section 442, Revised
| Laws, 1905 be and the Same Is hereby
amended so as to read as follows:
'442. The board of each county, any
part of which is not organized into
towns, shall at its meeting in January in
each year divide such unorganized ter
road districts, and appoint a qualified
person residing therein as assessor for
each district, and another as overseer
Of roads therein, each , Of whom n shall nal
ties of town assessor and town over
seer of roads respectively. Each shall
hold HIS Office for the term Of one year.
or overseer of roads shall be fixed by
the county board. not exceeding four
dollars per day."
be in force from and after its passage.
Approved April 10, 1909.
CHAPTER 251-S. F. NO. 1857.
AN ACT amending section 4719 of the
Revised Laws Of 1905, respecting the
reception Of account books In evidence.
Be it enacted by the Legislature of the
State Of Minnesota:
Section 1. That section 4719 of the
Laws of 1905 be and the same IS hereby
amended to read as follows nartv IN anv
cause or proceeding shall produce at the
trial his account books, and prove that
the same are his account books kept for
that purpose, that they contain the orig
final entries for moneys paid, goods or
other articles delivered, services per-
formed or material furnished; that such
entries were made at the time OF the
transactions therein entered; that they
are in his handwriting Or that of a per-
son authorized to make charges In said
books and are Just and true to the best
knowledge and belief of the person maxi
ing the proof, such books, subject to all
just exceptions as to their credibility,
shall be received as prima facie evil
dence of the charges therein contained.
II any book has marks which show that
the items have been transferred to a
ledger, it shall not be received unless the
ledger is produced.
''Provided that the entry Of charges
or credits, involving money, goods, chat
tells or services furnished or received.
when the furnishing or receipt, thereof hereof
of business Of the person on whose be-
half such entry is made. shall be re-
ceived as evidence tending to prove the
fact of the furnishing or, receiving of
whether the same be contained in an
account book, or in so-called loose
leaf card or similar system of keeping
accounts. and whether the. same be made
similar means, II It shall appear that
such entry was made by duly author
lied person contemporaneously with the
transaction therein referred to, as part
person on whose behalf the entry is
made and that the same Is made in the
usual and ordinary course of said busi-
ness"
be in force from and after its passage.
Approved April 10, 1909.
CHAPTER 252-S F. NO. 712.