Echo de l'ouest. [volume] (Minneapolis, Minn.) 1883-1929, 1909-04-30
complaint shall be served OF the defend

ant personally, and. when such service Is
made out of his state Inc Wi1h IN t the
affidavit of the person making the SAME,
with the certificate Of the clerk Of the
court of the county to the identity OF tne
officer taking the a%tadavit, and when n
be proved by the affidavit Of the person
making the same, taken before and Ger
titled by any United States minister.
charge d'affairs, Commissioners, consul, or
commercial agent, or other counselor OF
diplomatic officer of the United STATES
appointed to reside in such country, m
Guiding all deputies or other representa-
tives Of such officer authorized to perform pc I TORN
not well be made. the court may order
service of the by publlcatlon,
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 road taxes in all villages
In this state.
Be it enacted by the Legislature of the
State of Minnesota:
Section l. All road taxes. except poll
taxes, may be required to be paid IN casn
In any village in this state whenever a
majority of the voters Of such village
voting by ballot upon the question shall
so determine. Such question shall not
be voted upon unless a petition. signed by
at least ten voting taxpayers OF such WI
lage praying for the payment in cash OF
all road taxes, is filed with the clerk or
recorder of such village ten days before
the annual election in such village, IN
which case the clerk or recorder SHAH
specify in the notice Of such annual cleo,
ton that such question will be voted
upon. If such 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 VII
lage as other village taxes. The village
council or governing board OF such VII
lage may assess all the property Of such
village not to exceed six mills on the dol
lar IN the last assessed there
Of. and if they so assess, they shall Ger
tify the same to the county auditor fo1
extension and collection. the same as
other village taxes, and before such taxes
are collected, such village council or gov
erning board Of such village may pledge
the credit Of the village by issuing vii
lage orders not to exceed the taxes so as
Sessed, to the expense of road II bridge
work,
Provided, however, that for the year
1909, upon a petition as above PROVIDED
recorder on or before the last Tuesday
in March of sail year, the village counci
may cause a special election to be hello
for the purpose Of voting upon said aues-
c cion' Of 9y s geviag e dae n%nso in r vi1lages. III 'A@
SOAN oPSEtoA
Sec. 2. This act shall take effect and
be in force from and after its passage.
Approved April II, 1909.
CHAPTER 1866. F. NO. 435.
AN ACT to amend section 2741 Of the Re
vised Laws Of 1905, relating to demand
notes.
Be 1t enacted by the LEGISLATURE of the
State of Minnesota:
Section 1. That section 2741 Of the Re
xyfco1 1ouc Nf 1Q0E rnIoflrO m GPm4n
notes, be, and the same is hereby amend
ed as follows:
"When a promissory note is payable or
| demand, presentment for payment must
thereof, or the 1ndorser will be dis
charged. and If made within said period
the presentment and demand shall DC
deemed to have been made within a rea-
sonable 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 fixed time, shall be
the several indorsers thereof, upon due
notice Of it's dishonor, shall be liable in
the same manner and to the same effect,
and not otherwise, as upon the dishono1
Of a promissory note payable at a fixed
time"
Sec. 2. All acts or parts Of acts incon-
sistent herewith. are hereby repealed.
Sec. 8. This act shall take effect and
~ ~ 1 eSAAA "hISA 10 PNoONoS
Approved April %, 1909.
CHAPTER 49,. F. NO. 446.
AN ACT in relation to the establishment
and maintenance of safety funds GUAR
anty surplus and special reserve funds)
by companies 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
thorized to transact q fire insurance
business, may create the funds herein
provided for, to be known and desig,
mated as the guarantee surplus fund and
the special reserve fund, and may avail
itself of the provisions Of this section
and the following sections Of this chap
ter, upon complying with the require
ments thereof.
Sec. 2. Any such insurance company,
desiring to create such funds, may do so
if such action is authorized by its stock
holders, upon the adoption of a reso-
rectors at a regular meeting Of such
board, or at any special meeting called
for that purpose. and filing with the in
surance commissioner of the state a. copy
company to create such funds and to do
business under the provisions Of this
chapter; and, as soon after the filing OF
the insurance Commissioned shall make:
or cause to be made, an examination OF
such company, and he shall make a Ger.
ti1cate 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
anty surplus and special reserve funds,
which certificate shall be recorded in the
! insurance department.
Sec. 8. After the date, Of filing any
such resolution with the insurance COM
! missioner, such company shall not make
or declare or a in any form n divf-
dend upon it's capital stock. exceeding
eight per cent per annum thereupon and
six per cent per annum upon the surplus
funds to be formed hereunder, until after
its guaranty surplus fund and Its special
! cumulated to an amount equal to it's cap
ital stock; and any part Of the surplus
profits Of such company above such an
nual dividend, may be equally. divided
SAID guaranty surplus fund and the said
| special reserve fund, which funds shat
be held and used as hereinafter provided.
d aoing not 6asi GthsTw under t Ana c 5ap Go% WnieE
| shall declare or pay any dividend con-
trarv to the provisions herein contained
shall forfeit its charter and be liable to
be proceeded against by the attorney gen.
era1 for it's dissolution.
Sec. 4. Whenever such ompany shall
! notify the insurance commissioner that
expressed in this act. and that it's guar
! anty surplus fund and its special reserve
fund. taken together. equal its 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
such company. thereafter such COMPANY
may continue, out Of any subsequent
nrofts of its business, to add to such