Grand Rapids Herald-Review Newspaper, April 30, 1913, Page 43

met ¢ the State ee Emmis by the Legislature o: i fh under £4 Was served by sretoe court tor and all such a and such have the sane Of hearing on sa’ Personally yon the ht ght me ot the he could not eh eee may upp! x F facts Person havinz kuowledze of the fn -the county in which said Proceedings were had, and may be filed in} Fipoete eourtcat any time within ninety} Ravafter the paskace of this act. | . 2. This get shal effect. ani force from and aft April 13, “CHAPTER 524--S. F. 428. AN ACT to amend Section eleven (11) of T B45 of the Law Minnesota tor | » She year 3907, belve an act entitled “An} Act 10 provide for .the organization, ad- And regulation of fraternal ‘bene Aiclary associations transacting business of ife And disability insurance.” nt of | such are hereby ‘coodingt and such tas if service petition had } person for | Bvidence to, be placed nt at the sald peti- | found therein | the affid by i ee i Hy i 52 be z 5 1, That Section Eleven (11) of} Chapter 845 of the laws of Minnesota for the prone 1907 ‘be and ithe same is hereby amen fo read as follows: spec aod shall make laws for of such m association fall state the purpose of the same and a proportion thereof which may | De used for expenses, and no part of the! money collected for mortuary or disability Purposes and no part of the reserve, emer- Rency or surplus funds or the net accretions of either or any of said funds shall be used) for expensea: Provided, however, that from | the aceretions to the princingl of the emer Bency fund may be paid the taxes, if any, ‘8nd the expense actually and necessarily in Ser eee the investment and protection of Sec. 2. ‘This act shell take effect and be in force from and after its passage. Approved April 17, 101°. CHAPTER 825-8. F. No. 520. seis aise prov! the recording of v1 \Sertificate of the county auditor or other certificates thereto. Be it in by the Legisiature of the State ‘Minnesot= which has oft the Tegister of deeds of the county ip which said village ig located, but not recorded. but has been and remain on file in the office of said register of deeds for more than fifteen (15) years to the passage of this act, shall, pond request of any property owner whose Property is affected by or included in said plat, and the payment of his legal fees therefor, be recorded by said register of and to entitle any such plat to be- so association and . ‘That any village piat Deen hetetofore filed in the Moe of recorded, !t shall not be necessary to bave the same ved by the village council of such village, nor eball it be necessary to have the certificate of the recorder of such village or the county suditor of such county to or upon sald plat or to have any certificate upon such plat, not on the seme at the time auch plat was so filed in the office of said Syeteret Goods. 2. This act shall take effect and be in from and after its passage. Approved April 1918. CHAPTER 82¢—S. ¥. No. 625. AN ACT fixing the times of holding General Terms of the District Court of the Fifth Judicial District of the State of Minne- sota. Be it Enacted by tho State of Minnesota Section 1. ‘The general terms of the dis- trict court of the fifth judicial district | of _ State of Minnesota sha! be held as fol- ows: In Dodge County, the first Monday in April and the first Monday in October In Rice County, the first Monday in May nd the second Monday in November; Tn Steele County, the frst Monday in June and the first Monday in December; In Waseca County, the third Monday 1n| March and the third Monday in October; Provided, however, That where any general term in said Waseca County has been or shall hereafier be adjourned for a period of more than thirty (30) days, and tssues of fact in any action are joined more than etght (8) days before the ‘first day of any such ad- journed term, then and in that case such action: may be brought on for trial at such adjourned term upon notice of trial served eight (8) days or more before the beginning of said adjourned term.” Seo, ‘All acts and parts of acts incon- istent herewith are hereby repealed. Sec. 8. This act shall take effect and be in force from and after tts passage. Approved April 17, 1913. Legislature of the CHAPTER S27—S. F. No. 642. AN ACT to amend Section 244 of Chapter 6, Revised Laws of 10 as amended by Chap- ter 267, Laws of 1 , concerning voting ma- chimes,’ 80 as to require the alternation of! “ye nainen of candidates as much as prac- ticable. Be it enacted by the Legislature of the State ‘of Minnesota: Section 1. That the third paragraph of sec- tion 844, Revised Lows, 1805, as amended y chapter 267, Laws of 1905, be amended so, as to read as follows “The provision of section 180 of the general election w requiring alternation of names of candidates where more than one is to be elected to the same office shall be observed so) far as practicable by changing the order of the names.of such candidates upon the dif- ferent machines so that each name shall ap. pear upon the severe! machines used in a given munteipality. substantially an equal number of times at the top, at the bottom, and in each intermediate place, if any, of the list or group in which they belong. ' Where more than one machine is used in an election @istrict care shal! be taken to see that the order of names upon the different machines is not the same. The officers charged with the preparation and distribution of these ma- chines to the various election districts of the mounicipaltty using them, are hereby charged with the duty of arranging such substantial alternation of names and placing of the ma- chines as will practically meet the require- ments in this paragraph mentioned.”” Approved April 17, 1815. CHAPTER 828-8. F. No. 744. AN ACT to prohibit catching, taking, killing ‘or attempting to catch, take or kili fish in ny waters wholly or partly within any county of this state, now or herearter having a povulation not jess than three hundred thousand (800,000) inhabitants, at any time, fn any manner, other than by angling for them. Be it enacted by the Legislature of the State ‘of Minnesota Section 1. No person shall catch, take or Kill, or attempt to eatch, take or kill any fish of ony kind whatsoever !n or about any wa- ters, except rivers, lying wholly or partly in any of the counties of this state, to which this act shall apply, at any time, in other man- ner than by angling for them With a hook and iine held in the hand, or attached to a rod so held. nor with more than one line or with more than one hook attached thereto. Bec, 2. No person shal! have in his pos- ssion any fish caught, taken or killed in lation of this act. Bec. 3. Any son violating any of the provisions of act shall be guilty of a misdemeanor. Sec. 4. This act shall epply to all counties of this state, now or hereafter having @ popu: lation of not Jess than three hundred thou- eand (300,000) inhabitants. ‘Sec. 5. This act shall take effect and be tn CHAPTER 820—S. F. No. 768. ‘AN ACE suthorizing cities of the fourth ‘lass operating under a home rule charter or commission form of government to ievy nd assess a half mill tax for the pur- pose of providing musical entertainments iu public buildings or upon public grounds. ‘Be it enacted by the Legislature of the State ‘of Minnesota: Section 1. ‘That the governing body of any city of the th class in this state, operat- ing under a home rule charter or commission form of government, is hereby authorized to ‘annually levy a half mill tax against the Taxable property in such city for the purpose. of providing musical enteriainments to the public in public buildings or upon public SrApproved April 17, 1912. CHAPTER 830—S. F. No. ACT to authorize the county AN y county in this state. in which inpsituate erty heving a population of ten thousand fnhabitants and not more than twenty thou- sand mhabitants, to appropriate not to ex- feed one-half of the ainount raised by tax- ation upon property situate within sald city, for the construction, improvement, mainte: mane and repair of roads and bridges situate ‘within such city or leading into the same and within two miles thereof. Be it enacted by the Legislature of the State nnesota. i 2 Sicton 1. Any county board of any county jn this State, in which !s situate a city hav- ‘population of ten thousand inhabitants {56 Sot more than twenty thousand inhabl- tents, may 818. by of annually appropriate not to ex- (oki one-half of the-amount raised annually fo taxation upon the taxable property situate te such ¢ity for @ county road and bridge wager purposes, f0 be" exnended upon the fonts and bridges within such city or within of the limits of such ies two Meading into such city. Evexg propr! ‘shall be made by shall be made ‘payable to the such 3 nh resoluts nels of ‘or partly such cities; and maintain {maintain «a wate ity WS OF MINN OTA PASSED PRT a er for such purposes; to receive donatfons from persons, firms or corponations to aid in de- fraying such expenses dnd to enter into) contracts with persons, firms or corporations for the taking of water and ice ‘from such Be it enacted by the Legisiature of the State of Minnesota: a Section 1. ‘That all cities, of the fourth class and the city councils of the same, in addition to all powers now possessed by such ties, shall have the power to dredge laxes wholly or partly within the corporate limits of such citfes. to park the shores ‘Vnereot, jevel in such Jakes and ex- therefor pend mones Such cities are also given the right to,ac- cept donations from any person, firm or cor- poration to aid in. defraying such expenses, and «uch cities and the city councils thereof shall have Wie power to make contracts with any. perso: 1 or corporation for the taking of water and ice from such lake upon such erms and conditions as may be agreed upon Detw ich city council and the person, n or corporation acquiring the right to the use of said water and ice, . Bec. 2.7 shall take effect and be in force from and after its passage. Approved April 17, 19 CHAPTER 332—H. F. AN ACT to amend Section Laws, for 190, as amended ef General Laws for 1007, officers appointed by sheriff. Be it euacted by the Legislature of the State of Minnesota 1. Section 5467 of the Revised 1905, ay amended by Chapter 257 of 1 Laws of Minnesota for 1907, is amended 80 as to read as follows ‘The sheriff, of every maintaining a jail, with ‘the approval juliges of ‘the district court therein, ‘@ competent woman @s matron. direction, shall have exclusive all female prisoners. He may, in manner, whenever the average num- No. 458. D467, Revi: by Ghapter relative to the coun- ty of er ns twelve months shall” have been ten or nore, appoint a wight watchman, and, when wenty or more, an assistant jailer also. Said judges shall fix’ the compensation of all such employes at not less than the following sums, iz: ‘The matron, fifty cents for each day when there is a female prisoner; the night watchman and assistant jailer, one dollar per day; provided that they shall be discharged whenever the number of prisoners for any preceding twelve months has fallen below the number herein prescribed. Said officers shall be sober, responsible persons, able to read and write the Euglish language intelli- xently. Their compensation shall be fixed by said ~judges and pald monthly; they shall hold office during the pleasure of the sheriff and judges, and they may be removed at any time by the sheriff or by said judges. When- ever the sheriff performs the duties of jailer, ho shall receive the compensation fixed there- cs Sec. 2 This Act shall take effect and be in force from and after its passage. Approved April 17, 1913. CHAPTER 383—H. F. No. 752. AN ACT entitled “An Act to Amend Section 937, Revised Laws of 1903, as Amended by Section 2 of Chapter 430 of General Laws of Minnesota for i907, as Amended by Chapter 30 of the General Laws of Minne- ta’ for 1911, Relating to Sales of Land for ‘Taxes.”’ Be it enacted by the Legislature of the State of Minnesota: Section 1. That Section 937, of 1008, as amended by Section 2 amended by Chapter 80, General Laws of Minnesota of 1811, be and the same is hereby amended 60 that ‘said Section 937 shall here- after be and read as follows Sec. 937. Such sale shall be conducted by the county auditor in such manner as shall be directed ‘by the ‘state auditor. Bach parcel shall be/sold to the highest c: for, but not for a less sum than the aggre gate taxes, penalties, interest and costs charged against it, ‘unless the cash value thereof fairly determined by the county board und approved by the Minnesota tax commis: sion shall be less than such aggregate, in whieh case the value so fixed and approved shall be the minimum price for which such property may be sold. eels bid in for the state for taxes for the ear 1907, or prior years, may be disposed ot for one-half of the total taxes as originally assessed. The purchaser shall forthwith pay the emount of his bid to the county treasurer, and the officer conducting the sale shall give to him a certificate in a form prescribed by the attorney general, in which shall be set orth the name of the purchaser, a description the jand sold, the price paid’ and the date and place of ‘the sale. The auditor and treasurer of the county shall attend such sale, the former to make. a record of ali sales thereat, and the latter to receive all moneys paid on account thereof Sec, 2 This act sh in force from and after its passage. Approved April 17, 1913. evised Laws of Chapter I take effect and be CHAPTER 334—H. F, No. 839. AN ACT to amend Section 5448, Revised Laws, 1905, as amended by Chapter 74, to the sale of bind~ the Minnesota Laws’ of 1907, relating ing twine manufactured at state prison. Be At enacted by the Legislature of the State of Minnesota: Section 1. ‘That Section 5448, Revised Laws of 1905, as amended by Chapter 74, Laws of 7, be and the same is hereby amended so sto read as follows Section D448. The price of binding twine manufactured at the state prison shall be fixed by the warden and the state board of control not later than March 1 each year. The state board of control, in its discretion, may agree fo allow to purchasers of binding twine, a discount from the prices so fixed, on condition payment for twine purchased is made by the purchaser at the time agreed upon for such payment, as follows: on a single purchase and shipment of not less than three thousand (5000) pounds, one cent per pound; on a singie purchase and shipment of not less than ten thousand (10,000) pounds, one-fourth of one cent per pound; on a single purchase and shipment of not ‘less| than a ear load lot, one-half of one cent per pound; but no such’ discount shall be allowed on twine sold during the year 1913. Such twine shall be sold to actual consumers, in quantities needed for their use, and to dealers within the state, under such rules and regu- lations as may be provided by said board, for cash or security, approved by the warden. Dealers desiring to purchase such twine shall enter into a written agreement with the state to sell only to actual consumers within the state for their own use. Such agreement Shall also provide that when such twine is sold for cash it shall be atva price not greater than one cent per pound above the purchase price and freight from the prison to the sta- tion where such twine {s sold, and when such twine is sold on time, than one and a half cent per pound above the purchase price and freight, as hereinbefore provided. Reservation of 8,000,000 pounds—The board shall cause to be held in reserve at the prison until Yarch 1 of each year three million pounds*of twine for the purpose of filling club and cash ord thereafter until July 1 of each year’ sald board shall reduce such reserve to five hun- dred thousand pounds. after which date al! twine shall be sold. The state shall retain a ¢ontingent interest in twine so sold, and if any dealer shali violate his, said agreement, the state board of control may deciare such twine forfeited to the state and reteke pos- session thereof. Every dealer purchasing such twine shall keep {t separate from other twine and also keep a correct record of all his sales, showing the date, amount, price and name and postoffice address of’ purchaser, which shail be open fo the inspection of the warden, state board of control and the proper county’ attorney. Every dealer who — shail violate the terms of said written agreement, and every person violating any provision of this section, shall be guilty of @ gross mis- demeanor. ” * ‘Twine may be sold to dealers outside state— Provided, that whenever, in the“opinion of the stato board of control and the warden of the prison, the best interests of the state require Such action,’ such binding twine may be sold to dealers or consumers without the state. Approved April 17, 1918. CHAPTER 835—H. F. No. 852. AN ACT amending Section 14, of Chapter 886 of the General Laws of Minnesota for 1911, relating to county and judicial drainage ditch proceedings and to procedure therein. and validating drainage proceedings here: tofore had in certain cases, Be it enacted by the Legislature of the State of Minnesota Section 1, That Section 14 of Chapter 384. of the Genera] Laws of Minnesota for 1911 be, and. the same hereby is, dmended so as to read as_follo Sec. 14. Where the county board of any county in this state or the’ judge or: judges of any district court of this state has hereto- fore located, established or caused to be con- structed, or has attempted or purported to locate, establish or cause to be constructed any ditch,’ drain or other water course within their respective Jurisdiction under the provisions of Chapter 25S, General Laws of ‘Minnesota for 1901, or Chapter 230, General Laws of Min- nesota for 1905, or under the provisions of both of said acts and acts amendatory there- of or supplementary thereto, and said county board or said judge of the district court, as the case may be, has found and determined that such ditch, drain or other water course will be of public utility or will promote the pub- He health, and that the benefits or estimated beneiits to be derived from the construction thereof are greater than the total cost, includ- ing damages awarded aud where the ‘contract or contracts for the construction of such ditch have been actually entered into, and the county auditor has executed and filed in the office of the register of deeds, the tabular tatement required by law and making as- sessments for the costs and expenses of loca- tion, estabilshment and construction of the samé@ against the lands. corporations, roads and other property benefited thereby, ‘and no appeal has been taken therefrom, ‘or trom any such proceedings, or if appeal'was taken fame has been determined prior to the pass- face of this Act, and where, first, the final order establishing such ditch is ineffective or not according to law for the reason that the samp does not sufficiently or correctly describe or designate the course, or the size or dl- mensions of such ditch. or the, branch ‘or branches thereof, or any part of the same, or js jneffective for any other reason or, second, where for any reason, whether the mitin ditch or any part thereof, ‘or any branch or lateral shall | who, | of prisoners ‘in such Jail for the preced-| General Laws of Minnesota of 1907, as| h bidder there-| Provided that all par-/ one-eighth of | at a pricesuot greater | rs received from consumers, ana! GENERAL UA { i | | |done or perform |review thereof shall be had | trom place er location fixed br determined therefor by the order establishing such diteh, but has: been wholly or partially loeated, dug or con structed along a different Jine or atoa dit. ferent place or location, or third, where branches or laterals to any ditch have been wholly or partially ted, dug or constructed, additional to, different from, or other than those established or designated by the final order establishing such ditch, or, fourth. where | at the final hearing or subsequent thereto, | the engineer's work or/ viewers’ report or final order establishing such ditch have been either actually or constructively changed or altered or modified by or or getion of the county board or the district judge originaliy acting thereon, or, fifth, where any other action or thing. not above specified, required to be ‘dé by any officer or, person in the matter of the establishment, location 0?) construction of any such ditch, or of the ac ceplance ment therefor, if any part thereot issuance of bonds therein. or of the making of assessments of benefit therein, or of the making or filing of Men Of Assessments of benefits therein, or any other step in such drainage proceedings, has been attempted to be performed, but has been actually done or performed in a manner not in compliance with law, than all of said pro ceedings so taken as aforesaid and all parts thereof and any assessments or liens so lev jed or assessed or attempted to be levied 0 sessed for payment of th and cost of} said ditch, including damages the contract, if any, entered int ditch matte: and all payment: otherwise made in such ditch proceedings, and all ditch bonds issued in the said proceedings, and the final order establishing such dite! and any such change or alt in and one-balf 36) recent as compensation for the sale of sach 5 Sec. 3. No such cit; ou be permitted to issue any ponds under this act except auch as exist at the date of the add approval of ‘this act, nor shall any such city be en- tilled to avail itself of the provisions of this act unless it shall proceed to do so within eight @) months m the date of the passage and approval of act. Sec. 4. This at shall take effect and be in force from and after its passage. Approved Aprii 17, 1913, 0S. F, No. 644. chapter 106 of the Re- entitled “Jails, Lockups and Juvenile Offenders," as amended « by Chapter 312, Genera! Laws of 1907, and pro- viding for the appointinent, of two (2) pro bation officers in counties of more than fifty | thousand (50,000) inhabitants, where | more than one juvenile court has been established, of holding same are more than s distant from each other. | 1 by the Legislature of the State] f Minnesota: Section 1, ‘That Section 5496 of the Re- vised Laws’ of Minnesota. for the year 1900, | ended by Section 1 of Chapter 342 of the| 1 Laws of 1007, be amended so as t6 read as follows Sec, 3496, In every county of more than| Qfty thousand (50,000) inhabitants, a proba~ tion officer shall be appointed by the District |Judges of said County, and in every such county where two or ‘more juvenile courts) have been estaljiished and the places of hold- ing the regular sessions thereof are more tha: fifty nt from each other, ther CHAPTER AN ACT anfending vised laws of 100; such final order, or in the engineer's or viewers’ report: therein, and all other steps and proceedings jn such ditch matte mpted to be done, but wherein the ons of law were not fully complied with or were vio- lated, and each and all of the same are her by legalized and declared to be valid and in | ful force and effect, the same as If all pro ceedings in the matter of locating and es- tablishing said ditch and the acceptance there- of and payment therefor and ail other ceediugs there were in all respects regular, and the same as if the final order establishing gaid ditch had been regular and correctly made. Where such main ditch or branches or late als or any part thercof has not been wholly or partly located, dug or constructed along the line determined and fixed therefor, as aforesaid, but ‘has been wholly or partly lo- cated, dug or construct or where branches or latera been wholly or partly located, structed additional to, different from or to any ditch have dug or con- other than those established by the final order es-/ |tablishing such ditch, or when such final ox) der was Ineffective or defective as aforesaid, then the said ditch .or branches thereof as wholly or partly located, dug or constructed at such different place and such branches or laterals additional to or difterent from those designated or established such final order and all such ditch or branches as actually located and constructed or partially con- structed, and each and all of the same are hereby legalized-and made valid and effective at such different place of location or construc. tion, the same as if there located and ordered constructed by the final order establishing such ditch, provided that, if any person whose lands are affected by the said ditch or by such change claims, additional or other dam ages to such lands on account of such change, than as originally awarded, or claims a re duction of assessment of benefits to any such land by reason of such change, then and in either such case, such person shall within sixty after the passage of this Act, make ap- plication to the county board which establl @d such ditch, in the case of a county dite or to a judge of the district court which es- tablished the same, in case of a judicial ditch, to have his claim for such additional damages or reduced benefits considered and determined, and such county board shall thei upon proceed to hear and consider such appli- cation and determine the same, upon such notice of hearing heref advisable by such county board or district judge, as the case may be, and shall make such ‘order in the premises as may be just and equitable and required by the evidence submitted, and appeal from such order or the manner or review of in rovided by law for appeal from Resessment of benefits in county and judicial ditch proceedings. Provided, that the pro- visions of this Section shail not apply to any action at law or in equity now pending in any court of this State, but for the purpose of questioning or reviewing any such defect in any such ditch proceeding. Approved April 17, 1913. No. 877. 173 CHAPTER 336—H. F. AN ACT to amend Section . Revised ‘Laws, 1903, as amended by Section 2 of Chapter 428 of General Laws ot Minnesota for 1909, as amended by Chapter 213 of the General Laws, 1911, relating to the buying and selling of impure milk and cream, and providing standards of purity thereof. Be it enacted by the Legislature of the State of Minnesota: Section 1. That Section 1 of Chapter 213 of the General Laws of Minnesota iit, which is an amendment to Section 1789, Re- vised Laws, 1903, as the same had» been amended by Section 2, Chaptér 428 of the General Laws of Minnesota for 1909, be and the same is hereby amended so as to read as follows: 1789. No person shall sell or knowingly buy unwholesome or adulterated milk or cream, Milk ‘or cream that has‘not -been well cooled and aerated, or to which preserva- tives have been added; milk drawn from cows kept in a crowded condition or in places not well ventilated shted, or which from any cause are filthy unsanitary, or from ui clean or diseased cows, or those fed with di 7 tillery waste, brewers’ grains, waste of vin egar or sugar factories, garbage or decayed substances in any form, except ensilage from silos properly managed;, milk drawn from cows within fifteen days’ before, or five days after giving birth to a calf; and milk or cream which has been kept in or near stables where any animal is housed, or in any building attached to such stable, or in any place where bad air exists, and cream taken unwholesome or adulterated milk, or and milk solids of which (other than butterfat) contain) more than eight-tenths of one per cent of acid, shall be deemed unwholesome and adulterated with- in the meaning of this chapter. Milk from which any normal ingredient has been ab- stracted, or milk containing any substance not a normal constituent thereof, or contain- mg more than eighty-seven per cent of water, or containing less, than three and one-fourth per cent of butterfat, or containing less than thirteen per cent of total milk solids, and cream in which there is less than twenty per cent of butterfat, or which contains any foreign thickening or coloring substance, any abnormal! ingredient whatsoever, shall be deemed adulterated; nor shall any article of food be manufactured from unwholesome or adulterated milk or cream, except as heréin- after provided. No person producing milk or cream for market or exchange, or for man- ufacturing the same into articles of food shal! feed milch cattle any distillery waste or brewers’ grains or the waste of vinegar or sugar factories, or garbage, or any substance which {s decayed and unhealthy. Section 2. This act shall take effect and de in force from and after its passage. Approved April 17, 1913., cream the water CHAPTER 887—H. F, No. 928. AN ACT to amend Section 880 of the Revised ‘Laws of Minuesota for 1905, relating to manties and to the change of boundary thereof. Be it enacted by: the Legislature of the State of Minnesota Section 1. That Section 880 of the Revised Laws of Minnesota for 1905 be, and the same | is hereby, amended so as to read as follows: “390—The boundaries of counties may be changed by taking territory from a county and attaching the same to an adjoining county, and new counties may be established out of territory out of one or more existing counties, hereafter provided; but no such new county shall contain less than Four Hundred «40() square miles, nor jess than Two Thousand (2,000) inhabitants, nor shall it have an as- sessed valuation of less than Four Million Dol- lars ($4,000,000), and no existing county shail be reduced in area below Four Hundred (400; square miles, nor so as to contain less than ‘wo ‘Thousand (2,000) inhabitants, nor so as to have an assessed valuation of less than Four Million Dollars ($4,000,000), Approved April 17, 1918. CHAPTER 838—S. F, No. 654, AN ACT authorizing citles of this state, hav- ing” a population of 10,000 inhabitants or Jess, to issue and gell their negotiable bonds for the purpose of taking up and paying off overdue bonds. Be it enacted by the Legislature of the State ‘of Minnesota: Section 1. in addition to the rights and powers granted by law to the several ejties of the State of Minnesota, which rights and powers shall not be abridged by this act, there is hereby granted to all cities organized or existing under and by virtue of a home rule charter or any general or ‘special law of Minnesota, and having a population of 10,000 inhabitants or less, according to thd last offi- cially promulgated state or United States census, the power and authority to issue and sell as hereinafter provided, the negotiable bonds of any such city for the purpose of tak- ing up and paying off the overdue bonds of said city, the provisions of the laws of this state, whether general or special, governing any such city to the contrary notwithstand- ing. and notwithstanding the amount of the indebtedness of sueh city. ‘The term “overdue bonds’ as used in this act shail be held to mean and include all outstanding bonds which shall be, at the time of the passage of this act, passed aue and not paid. Sec. 2. Bonds of any such city issued un- der the authority of this act shall be issued in the following manner, to-wit: ‘The com- mon council or city council of such city shall, first, by ordinance passed by a ma- jority vote’ of all members. authorize the is- sue of the bond of such city to take up and refund such overdue bonds, which bonds shai} tun for not more than fifteen (15) years and shall bear interest a rate not to exceed six 16) per cent per annum, principal and in- terest payable at such time and place as may be fixed by such counci]. Such bonds to be df such denomination or denominations as the Council. shall by ordinance prescribe, and signed by the mayor, attested by the clerk of said city and sealed with the seal of the city, and shall be sold at not less than par val to. the highest responsible bidder after notice published at least once in each week for three (3) consecutive weeks prior to the date atch or any part thereof has not been located,Jof such sale in the official paper of said city. expend money'dug or constructed along the line or at the'No city shall pay a commission exceeding one pro-| d at a different, place.| as shail be deemed} Ishall be appo said judges two pro- | | bation office probation officer may Jappoint one or more deputies subject to the Japproval of said judges. Each shall }four (4) years unless sooner removed by said |judges for The county commissioners | of said shall provide said probation oft and deputies suitably furnished of \fice rooms, record books, blanks, stationery, [postage and other actual expenses required for the proper execution of the purpose of | |this act to be defrayed out of any. moneys jin the general fund of their counties not’ oth- erwise appropriated, upon bills duly author-| ized and allowed in’ the usual manner by said| commissioners.”” | Sec. 2. This act shall take effect and be in force from and after its passage, Approved April 17, 191: CHAPTER 840—S. F. 781. AN ACT entitled “an act to enable the guar- Gians of insane persons’ to furnish aid for the support and maintenance of children of insane persons in certain cases." Be it enacted by the Legislature of the State ‘of Minnesota Section I. The duly appointed guardian of |tne property of apy insane person’ who shall be pronounced incurabiy insane by the certifi- cate of the superintendent of any state hos- pital for the Jnsane of this state, where such insane person shall be confined, shall have the power and authority to furnish aid for the support and maintenance of any female |child of such insane person, who is over the age of eighteen years, or of any sick, maimed, deforined, or crippled male child ofsuch in- sane person, who is over the age of twenty- one years and unable to support himself in whole jor in part, which ald shall be furnished in the manner and to the extent hereinafter | provided. ‘The amount of such afd shall in no case ex- ceed the annual rents, profits or income de-| rived from the property of such insane per- son. Sec. 2. Before any such aid shall be fur- the guardian of the property of such nished, insane’ person, or any child of such insane| probate of the county where such guardian resides, a petition in writing, duly verified, setting forth all the facts entitling any such child to such aid. ‘Thereupon the judge of probate shall make an order fixing the time and piace of hearing on said petition, a copy of which order, with a copy of the ‘petition stmall be personally served upon such guar. dian and the superintendent of the insani hospital where such insane person is con- fined, at least ten days prior to the time fixed) for said hearing. Sec. 3. At the time and place fixed for the hearing, witnesses shall be sworn before tes- tifying,’ and the certificate of such superinten- dent shall be admissible in evidence on bis signature alone; and if, after full investi- gation and hearing. the judge of probate shall find that such child {s entitled to the ald herein provided, and that the allegations of the petition are true, he may make an order directing such guardian to furnish aid to such child for such time, and in such amount, as the judge of probate shall deem necessary; provided, however, that in no case shall such aid exceed twenty-five dollars per month. ‘The aid so furnished shall be allowed in the gvardian’s annual or final accounts as a part of his lawful disbursements. * Sec. 4. This act shail take effect and be in force from and after its passage. Approved April 17, 1913. CHAPTER S41—S. F. No, 798. AN ACT to authorize any city in the State of Minnesota now or hereafter having more than ten thousand and not more than twen- ty. thousand inhabitants to control, regu- late, prevent and prohibit the emission of dense smoke from any smoke stack .or chimney within such city and to declare same to be a public nuisance, and provide for the summary abatement thereof; and to impose a penalty by fine or imprisonment upon the person or persons causing, per- mitting pr allowing such nuisance to’ exist. Be it enaéted by the Legislature of the State ‘of Minnesota: Section 1. ‘That any city in the State of Minnesota now or hereafter having more than ten thousand and not more than twenty-thou- sand inhabitants, in addition to all the powers now possessed by such city, is hereby author- ized and empowered, acting by and through the counetl, common ‘council or eity council of such city ‘by ordinance duly enacted by an affirmative vote of not less than two-thirds of all the members elect of such; council, com- mon council or city council, to ‘control, regu- late, prevent and prohibit’ the emission of dense smoke from the smoke stack of any logomotive, engine, stationary engine or build- ing within the Mmits of any such city, and to declare such emission of dense smoke ‘to be public nuisance, and to provide for the summary abatement thereof; and in addition thereto to impose such a penalty -by fine or imprisonment upon the person or persons who may cause, permit or allow such nuisance to exist, as may be deemed proper, such penalty not to exceed, however, in any ‘case a fine of one hundred dollars, or ninety days’ imprison- ment. 3 Section apply to citi 2. This act shall not inciude or now or hereafter governed un- der a charter adopted pursuant to Section 36, Article 4, of the constitution of this state, and the several acts of the Legislature au- thorizing cities to adopt their own charters. Sec. 3. This act shall take effect and be lin force from and after Its passage. Approved April 17, 1913. CHAPTER 342—S, F. No. 918. AN ACT authorizing me board of county commissioners in any county in ‘this state, “now or hereafter having a taxable valua: tion of more than $250,000,000.00, to appro. priate and expend money from ‘the county road and bridge fund, for the construction or improving of any road, highway or. bridge within-the limits of any city of the first class iv such county, in an amount not to exceed one half the total sum paid into said fund as taxes levied on the tax- able property within such city, Be it enacted by the Legislature of the State ‘of Minnesota: Section 1. That any county of this state, now or hereafter having a total assessed vaiu: ation of all its taxable property, as fixed b; the State Tax Commisston, of more than $250,- 000,000.00, the Board of County Commissioners | shall have the authority to appropriate and expend within the limits of any city of the first class located in such county, such sums of money from the county road and bridge fund, as said board shal! deem proper, not excecding one half the amount that may have been assessed and collected for such road and bridge fund on the taxable property within said city, for the buildings, repairing or oth- erwise improving of any road or highway, in- cluding the construction and repairing of any bridge thereon, within the limits of any such city, but said’ county shall in no event and under no circumstances become liable to keep up or maintain the roads, highways or bridge: ny of them, within the limits of sm yy. constructed, repaired or otherwise im- proved by said county board, or be liable in any manner for their want of repairs. < Sec. 2. Any act or parts of any act in Conflict with the provisions of this act are hereby expressly repealed, in so far as the same are in conflict herewith. Sec. 3, This act shall take effect and be in force from and after its passage. Approved April 17, 1913. CHAPTER 343--H. F. No, 1080, AN ACT to amend Section 4890 of the Gen- era! Statutes of Minnesota for the year. 1894, relating to compensation of stenog- raphic or shorthand reporters in certain courts as amended by Chapter 285 of the General Laws of Minnesota for 1900. Be It enacted by the Legislature of the State of Minnesota: SALARY OF SHORTHAND REPORTER IN - CERTAIN COUNTIES. Section 1. That Section 4890 of the Gen- eral Statutes of Minnesota for the year 1804 ¢ amended by Chapter 285," General Laws ‘909, be amended to read as follows: amount or rate of compensation to be paid to such shorthand reporter shall be fixed by the judge who appointed him; and each county shall pay the compensation for his services @uring the time he shail be employed in the cases tried therein. The judge shall certify the time during which he shall-be employed at any term in the county, and the amount to which he is entitled therefor. Upon the presentation of such certificate of the judge to the county auditor of the county he shall draw his order, in favor of such reporter, upon the county treasurer, for the amount so certi- fied; but such compensation shall not exceed ten dollars per day while employed in court, and fifteen cents per folio of one hundred words for the transcript; and provided, further, that | when, such reporter shall be required by either of the pai to an action to transcribe his record into longhand writing, the fees for such transcription as above pro- serve | sum of three thousand Wollars' per anqum, payable in equal monthly instalments, at the same time and in the same manner as the salaries of other county. officials ‘of county are paid and his actual attending court at a place other county, seat, to be paid upon presenta, the, Sounhar, Mehe. capetaey p tnereot. ly ap- proved by judge of such court. Sec, 2. Thix act shall take effect and be in force from and after its passage. Approved 17, 1913, CHAPTER 344-11, F. No. 1.181. AN ACT to repeal Chapter 313 of ‘the Gen eral Laws of 1011, and relating to joiut freight rates over two or more connecting Jines of Hiway between points within this state and relating to the powers and duties of the railroad and warehouse commission and to enact substitute therefor. Be it enacted by the Legisiature of the State of Minnesota. Section » Every freight to be transport point within this siate within this state all have the right to require that ‘th same shall be transported over two or more connecting lines of railway to be transferred the connecting point or points without change of car or cars if in Carioad lots. and with or without change of car or cars if in less than carload lots, when- ever the distance from the place of shipment to destination, both being within this state, is less over two or more connectnig Hnes of allway than it is over a single line of rail- way, or where the initial line does not reach the place of destination; and it shall be the duty, upon the request of any such owner or consitnor of freight, made to the initial eom-} of such railway companies whose lines connect, to transport the freight without change of c or cars ff the shipment be} in carlead lot or lots, and with change of ear or cars if it be in less than carload Jots, from the place of shipment to. destination, | whenever the distance from the place of ship- ment to dest jon, both being within this; state, is less than the distance over a alngle| line, or when the initial i does not reach | the point of des ion, for a reasonable joint | through rate. ‘This seetion shal! not apply to in- terurban railways operated by ele ex- cept as {o freight or cars. transported over ‘two er more such interurban railways having similar equipment so as to make it physical- ly practi jons of this, section. Sec ‘The board of Railroad and Ware- house Commission shall, within ten days after this act takes effect, notify in writing every) railway company owning or operating a rail- way .within this state that it. will,, upon 2 day named in such notice, which day shall not be more than thirty days aft giving said notice. take up for investigation the sub- ject of establishing joint through rates, as) herein provided, between the railw: lines | in this states It shail also give a similar notice, directed “To whom it ay concern, and 0 publish’ the same, that it will have! general circulation throughout the state. All corporations, partnerships and persons inter- ested in the subject may present themselves at the hearing and be heard, under such rules and regulations as the board may prescribe. At the end of the investigation, which shall be carried on with all due diligence, the said boarg of Railroad and ‘arehouse Commit sion shall make and publish a schedule of Joint through raiiway rates for such traffic and on such routes as in its judgment the fair and reagonable conduct of business requires shall be done by carriage over two or more lines of railway, and will promote the in- terests of the people of this state. In the making thereof, and in changing, revising or) adding to the same, the board shall be gov- ernéd as nearly as may be by the preceding wner or consignor of 1 by railway from any to any other point consideration, among other things, the rates establishea for shipments within this state for like distances over ingle lines, the rates charged by the railway companies ‘operating such connecting lines for joint inter-state shipments, and the increased cost, if any, of a joint through shipment 's compared with a shipment over a single line for like distances. In establishin; such rates for shipments in less than carioad lots, in cases where at the connecting. point or points in the line of shipments the connecting railways have not and are not required to have a common station or stopping placé for load-| ing or unloading freight, the board shali make such lawful reguiations as in its judg- ment will be fair and just respecting tne transportation of such freight from the usual unloading place of one failway to the usual loading place of the other. ‘The joint through rates thus established shall be promulgated by mailing a printed copy thereof to each railway company affected thereby and ehali go into effect within ten days after they are so promulgated; and from and after that time an official printed schedule thereof shall be prima facie evidence, in all courts of this state, that the rates therein fixed are just and ‘reasonable for the joint transportation of such freight between the points and over the.lines described therein. The said board shall deliver a printed copy of said schedule to any person making application therefor. The share of any railway company of any joint through rate shali not be construed to fix the charge that it may make for trans- portation for a similar distance over any putrt| of its line for any single rate shipment or| the share of any other joint rate. ‘The board upon such reasonable notice as it may pre- scribe, may, upon its own motion or upon the application of any person, firm ot cor- poration ‘interested therein, revise, change or add to any joint through rates fixed or promulgated hereunder; and any such revised, changed or added joint rates shall "have the} same force and effect as the rate or rates originally established. The said-board is em- powered to uuthorize upon proper hearing, any railway company whose line connects the point of shipment with the point of destin- ation, but requires a longer haul than tne joint haul over which a joint rate has been established, to charge the joint rate without affecting the charge upon any other part of its line, except the charge for a. like kind of property must not be greater for a shorter than for a longer distance over its railroad, all of the shorter haul being included within the longer. This section shall apply to inter- urban railways and their connection with ordniary steam railwa: Sec. 3. Chapter 315 of the of 1911 is hereby repealed. Sec. 4. This act shall take effect and be in force from and after January 1, 1914. Approved April 18, 1913. General Laws CHAPTER 345—S. F. No. 78. AN ACT to amend Chapter 185, General Laws of Minnesota 1911, entitled, “An Act relat-| ing to the acquisition of lands for streets, | parks and parkways in cities of the first class and the improvement and government) thereof and the improvement and government of existing streets and parkways.”” Be it enacted by the Legislature of the State of Minnesot: Section 1. That Section 2 of Chapter 185, General Laws~1911, is hereby amended so that it shall read as follows: ‘Section 2. After the adoption of the reso- lution ft shail be the duty of the city engineer to make and present to the council a plat and survey of such proposed improvement, showing the character, course and extent of the same and the property necessary to be taken or interfered with thereby, with the name of the owner of each parcel of such property so far as the engineer can readily ascertain the same, and such statement as may in the opinion of the engineer be proper to explain such plat and survey and the char- acter and extent of the proposed improve- ment. 3 Wiien such plat and survey shall be finally adopted by the city council, it shall be filed with the city clerk, and it shall be held to show correctly the character and extent of the improvement actually agreed upon and ordered by the city council. i . Said plat shall also, ehow the amount of land taken from each owner, so far as the owners may be known, and the lands contigu- ous to such improvements. The city council shall ‘then or afterwards appoint five freeholders of said city, no two of whom shall reside in the same ward, as commissioners, to view the premises and to! ascertain and’ award the amount of damages | and compensation to be paid to the owners of property whieh is to be taken or injured by such improvement, and to assess the amount of such damages and, compensation aré the expense of the improvement upon the lands and property to-be benefited by such improve. ment, and in proportion to the benefits to be received by each parcel and without regard to.a cash valuation. ‘Three or more commissioners shall const. tute a quorum and be competent to perform any duty required of such commissioners; and they shall be notified of their appointment, and vacancies in their number shall be filied by the city council, and they shail be sworn to the faithful discharge of their duties. They shall give notice by two publications In the official paper of said city that such survey and plat is on file in the office of the city clerk, for the examination of all persons interested, and that they will on a day designated in ch notice, which shall be at least ten days ter the first publication of such notice, meet at a place designated in said notice on or near the proposed improvement, and view the prop- erty proposed to be taken or interfered with for the purposes of such improvements, and ascertain and award therefor compensation and damages, and view. the premises to be bene fited by such improvement, and assess thereon in proportion to benefits, amount necessary to pay such compensation ‘and damage and’ the cost of making the improvement, and that they will then and there hear such allegations and proofs as interested persons may offer. Any such commissioners shali meet and view the premises pursuant to such notice, and may adjourn from time to time, and, after having viewed the premises, may, for the hearing of evidence and preparation of their award and assessment, adjourn or go to any other con- venient place in said city. and may have the aid and advice of the city engineer and of any other, officer of the city, and adjourn from such when the} land so assessed, deducting damages or injuries to the same fare less than lof this chapter, and who deems that t | any assessment eX: ‘ot or parce! of therefrom se wel ‘such benefits, and excess, and ve and report to the city counell their app’ it and award, and if in the judgment of said commisst the Whole amount of such compensation aud ages, improvement, shall to the specttic property subject to they shall so indicate in their report. state the amount of such excess. missioners shall also repor' an assessment list containing thelr a of such compensation, damage: #0 much thereof as shall not exceed the actual benefits to the property so assessed shall contain a brief description of or parcel of property assessed, the name oF names of the owners thereof, if known, | au the amount assessed against each parcel of property and the amount of the excess of suc! compensation, damages and costs as aforesaid, which they shall return unassessed. ‘The commissioners may employ clerical as- sistance, and the cost thereof, as well as the commissioners’ compensation, and the expenses of printing the notices required. including, among others, the notice of consideration by he city council, hereinafter reférred to. esti. mated at the same rate per line as the cost of printing the prior notices, shall be added to the other amounts to be assessed and ‘shall be assessed therewith. The city attorney shall represent the city before the commissioners and produce such evidence as the case may require. ‘The city council] may, however. provide by the resolution appoiuting such commissioners ‘a certain specified percentage, not ex- ceeding thirty-three and 01 cent, of the total damages and cost of im- provements, shall in any case be payable out of the city’s general funds, and in that case the city's share shall be added to the amount of the certificates to be Issued and sold ynder Seétion 10, and the city council shall from year to year levy a sufficient tax upon the taxable property of the city to pay the sam with interest, In such case the amount pi vided to be pald out of the general funds shall not be assessed. the a tion of their said report, ‘file the clerk for presentation by hi eity council of said ct esied parties by one (1) publication in the of. ficial paper of said city that he will at the next meeting of the elty council, or as soon thereafter as practicable, present such report to said council for their consideration and action, the first ove (1) of which said notices shall be published at least ten (10) days be fore the presentation of such report to said city council; such published notices shall con- tain descriptions of the several lots and parcels of land taken for such proposed improvements, and the amount awarded for the taking of each such lot or parcel, together with the names of the owner or owners of the same, nearly as they can be readily ascertained. shail also contain descriptions of the sev: eral lots or parcels of land upon which bene- fits have been assessed and the amount as- sessed against each such lot or parcel. to gether with the names of the owner or owners of the same, as nearly as the same can be readily ascertained. Such report after its presentation to the city councl] shall lie over until the next regular meeting of the council which shall occur at least one week after the reception thereof, at which time, or at any meeting to whicn th report may be referred, the city council ma: act upon such report and hear any complaint person, shal] make and file with the judge of|sections of this chapter, and shail take into/touching such award or assessment, or it may refer the matter to a committee of the council to hear such complaints and report thereon. The council may confirm such award and as- sessment or either, or annul the same, or send the same back to the commission for further consideration; and the commissioners may in such case again, upon giving notice published once in the official paper of said city, meet at a time and place to be designated said no- tice, which time shal] be’ at least two weeks after the publication of such notice, and hear any further evidence that may be adduced by interested persons, and may adjourn from time to time, and may correct any mistakes 1n such award and assessment and alter and revise the same as they gael deem just, and again report the sam fogthe city council, who may thereupon confirm ‘or annul the same. Whenever the city counct) shall confirm any such award and assessment such confirmation shall make such award and as- sessment final and conclusive upon all parties intersted, except hereinafter provided, and the city council shall proceed, at the same or any subsequent meeting. to’ levy such sessment upon the several parcels of land de- bed in the assessment list reported by the commissioners, in accordance with the ssment so confirmed, and cause to be made and adopted an assessment rojl of the same. which may be in the following form, or in any other form the council may adopt: “The city council doth hereby assess and levy upon and agati the several lots and parcels of land below described the respec- tive sums of money set against each lot or parcel. This assessment is made to defray the compensation and damages awarded for the taking of and injury. to private property. and estimated cost of Improvement, and in about the as shown ou the plat and survey of the same on file in the ‘office of the city clerk of said city ‘This levy is made conformably to the report and. assessment of commissioners duly ‘ap- pointed to make guch assessment, and in pro- Portion to. benefits from such improvements to agerue to the parcels and not exceeding the ‘benefits to the parcels so assessed. Name of owner,|Description|Lot. Blk.|Amount. if known, of land, | Dis. |Cts. and Done at a mecting of the city counell this day of D. 10—. City Clerk. Attest: Pres't of the Counci Sec. 2. Section 3 of, said Chapter 185 shall be and is hereby amended so as to read as_follo “Section 3. Any person whose property is proposed to be taken, interfered with or as- sessed for benefits under any of the provisions ere is irtegularity in the proceedings of the council or action of the commissioners, by reason of which the award of the commis. sloners ought “not to be confirmed, or who is dissatisfied with the amount of damages awarded to him for the taking of or inter- ference with his property or with the amount f the assessment for benefits to any property affected by such proceedings, may at any time before such award or assessment shall be confirmed by the city council, file with the city clerk, in writing, his objection to such confirmation, setting forth therein specifically the particular irregularities complained of and containing a description of the property affected by such proceedings, and if, not- withstanding such objections, the city council shall confirm the award or assessment. such person objecting Hl have the right to appeal from such order of confirmation of the eity council, to the district court of the county at any time within ten days after such order. Such appeal shall be made by serving a written notice of such appeal upon the city clerk of said city, which shall specify the property of the appellant affected by such award, and refer to the objection filed as aforesaid, and by also delivering to sald city clerk a bond to the city, executed by the appellant, or by some one ‘on his behalf with two sureties, who shall justify in the penal sun of fifty dollars, conditioned to pay all costs that may be awarded against the pellant. ‘Thereupon the city clerk shall make out and transmit to the clerk of said district |court a copy of the award of said commis. confirmed by the council, and of the order. of the council confirming the same, and of the objection filed by the appellant as aforesaid, all certified by said clerk to be true copies, within ten days after the taking of such appeal. But if more than one appeal be taken from any award, jt shall not be nec- essary that the clerk in appeals subsequent to the first, shall send up anything except 8 certified copy of the appellant's objections, ‘There shall no pleading on such appeai but the court shall determine in the first tn- stance whether there was in the proceedings any such irregularity or omission of duty prejudicial to the appellant and specified in his said written objections, that as to him the award or assessment of the commissioners ought not to stand and whether said com- missioners had jurisdiction to take action in the premise ‘The case may be brought on for hearing, on eight days’ notice, at any general or term of the court, and shall have precedence of other civil cases, and the judg- nent of the court, shail be either to confirm or annul the proceedings only the same affects the property of the appellant proposed to’ be taken, damaged or for bene- fits, and described in said written objection. From such determination no appeal or writ of error shall le. Incase the amount of damages awarded or assessment made for benefits is complained of by such appellant, the Court shall, if thé proceedings be confirmed in other ‘respects, upon sucn confirmation, appoint three disin. terested freeholders, residents of said city commissioners to re-appraise or benefits. ‘The parties be heard by said court upon the appointment of such, and the court shall fix the time nd place of the meeting of such commis. sioners. They shall be sworn to the faithful discharge of thelr duties as such commission- ers, and shall proceed to view the premises ‘and to hear the parties Interested, with their Allegations and proofs pertinent to the ques tion of the amount of such damages or as- sessments. Such commissioners shall be gov- by the same provisions in to the method of arriving at the amount of dama, memmete offset. thereto of benefits to. other sioners. a: time to time. After viewing the premises and hearing the evidence offered, such commission. ers shall prepare and make a true and tm- partial appraisement and award of the com- pensation and damages to be paid to each per- fon whose property is to be taken or inyured by the making of such improvement; but if the remainder of the same property, a part of which only is to be taken or damaged by such improvement, shall be benefited by such improvement, then the commissioners, in con- dering and awarding compensation and dam. ages, shall also consider, estimate and offset the benefits which will accrue to the same vided for shall be pald by the party re- quiring the same. And, provided, further, that in any county having ‘or which may here- After have a population of not less ythan sev- enty-five thousand nor more than two hundred thousand inhavitants, and having a city of the first class, such’ shorthand reporter shall such county the receive as compensation from owner, in t to the remainder of the same property, award him only the excess of the compensation oF damages over and above ‘such ‘ ‘The sald commissioners shall then dssess the amount of such compensation and dam- ages #0 awarded upon the land *and property| benefited by such proposed to property. of the same owners, and in all ‘other materia! respects, as are in this Chap- ter made for the government of commission- try ‘appointed by said city council. ‘They Shait, after such hearing and view of the premises make report to said court of their | of damages or assessments of bene- fite in respect to such appellant. ‘The award or assessment of such com: shall be final unless set aide by the court: for good Gause shown. In case such report is set aside, {he court may, in its discretion, recommit the fame to the same commissioners or appoint a ew. board as {t shall deem best. Said court shall allow a reasonable compensation to commlssioners for, thelr services. and make such award of costs on such appeal. {eluding the compensation of such commis: sioners as it deem just in the prem- ises. ‘In case the court shall be of opinion “that 5 third (33 1-8) per| case of of park commissioners, filed™in the -otlice of the secretary recording officer of the board, and tices of appeal and other notices to the shall be served upon the secretary og other recording officer of ihe board. Sec. 3. Section 6 of said Chapter 185 shail be and is hereby amended so as to read a® “Section 6. ‘The city council and com- | missioners may by ‘such ‘concurrent reso specify the method of improving any ~such street or parkway, including grading, paving, curb, gutter “and sidewalk, as well as and ‘water mains where necessary. The engineer shall estimate the cost of each of, such improvements separately and mit the estimate in tlie plat. mates shall be for six inch water mains elghteen’ inch sewers. ‘The city council shall examine such estimates and after m if necessary, find and adopt an estimate such cost.e The city council, in appointing commissioners, shall recite said estimate, and the commissioners shall assess the amount thereof upon ‘such lots and parcels of land im the city as they shall deem specially benefited in proportion to such benefits, and not exceed~ ing the actual benefit to any’ parcel, and add |the same to the benefits assessed under Sec- tion 2 of this act and report the net regult of damages or benefits as required by [Section 2, aud with like proceedings “there- after. Any existing street or parkway may be tm- proved and the expense thereof assessed and |raised in the manner provided by this chap- jter, including any or all of the following im- |Provements, to-wit, widening, grading, pave- iment, sidewalks, curb and gutter, sewers and |water mains, In case of streets or pari | ways exceeding eighty (80) feet in width, the resolution may, for the purpose of facilitating connections with private property and obvi- lating the necessity of cutting or breaking |into the- improvements, order a double water maiy or a double sewer, one on either side of the street or parkway, or edopt such other . Section 5 of sald Chapter 185 shall is hereby amended so as to read a | follows: | “Sec. 5. The city clerk shall transmit a certified copy of such assessment roll to the county uditor of the county in which the land lfes, and the county auditor shall in- clude five (5) per cent of the principal amou ef such assessment with and as part of the taxes upon each parcel for each year for twenty years, together with annual interest at the rate ascertained, as hereinafter provided ‘With the first installment the auditer shall include interest upon the entire assessment | from the dat of the assessment to the time |when the tax books including the first in- stallment are delivered by the county auditor |to the county treasurer, and thereafter the |auditor shal! inciude in’ the taxes for each ear One of such installments, ‘together with one year's interest upon such instalimen: and all subsequent installments at the same rate, each of which, together with such in- |terest, shall be collected with the annual |taxes upon such Jand, together with lke peu- alties and interest i» case of default, all of |which shall be collected with and enforced s'the annual taxes and credited to the prop- er city fund. Any parcel assessed may discharged fromm the assessment at 7 time after the receipt of the assessment by the jcounty auditor by paying ail imstailments \that have gone into the hands of the count: treasurer as aforesaid, with accrued tnteresi, penalties and costs, ag above provided, and by paying all subsequent installments; or any parcel assessed may be discharged from the assessment by presenting certificates or bonds | sold against such assessments as herein pro- vided sufficient in amoypt to cover all instal ments due on sueh parcel and accrued int @st, penalties and ‘costs, and all installmen: yet to a by. surrendering such certi cates or to the county treasurer for cancellation or having endorsed thereon such installments, interest, penalties and costs, said jassessment shail a lien on the land from the time of the making thereof as against the jowner and every person in any way interest~ jed in the land. ‘The owner of the land and \any person interested therein may defend jagainst such assessment at the time of ap- plication for judgment in the regular pre- jceedings for the enforcement of delinquent | taxes, but such assessment shal! not be deemed invalid because of any irregularity, provided the notices have been published substantially jas required. and no defense Shall be allowed |except upon the ground that the cost of the improvement is substantially less than the amount of the assessment, and then only to the extent of the difference between the as- sessment and the actual cost. Assessments made under this act shall be called special street and parkway assessments to the city of and numbered consecutively. Whenever an assessment is certified as afore- said by the city clerk to the county auditor, a duplicate thereof shali be sent to the city comptroller, and all such assessments shall be sufficiently identified by the name and num- ber as aforesaid.”” Sec. 5. Seetion 10 of said Chapter 185 i be and is hereby amended s0 @s to read as follows: ‘Sec. 10. The city council, for the purpose of. realizing the funds for making such im- provement and paying such damages, may issue and seli special certificates of indebi- . special street or parkway improve- they may decide, which shall entitle the holder thereof to all sums realized upon any such assessment, or if deemed ad- visable, a seri of two or certificates: or bonds against any one assessment, tho | principal and interest being payable at fixed jdates out of the fund collected from such assessments, including interest and penaities. and the whole of such fund is hereby pledged for the pro rata payment of such certificates or bonds and the interest thereon, ag they severally become due. Such certificates or |bonds may be made payable to the bearer, | with interest coupons attached, and the city council may bind the city to make good de- |ficlencies in the collection up to, but net |exceeding, the principal and interest at the |rate fixed as hereinafter provided and for the time specified in Section If the eity, be- cause of any such guaranty, shall redeem any certificate or bond, it shall thereupon be subrogated to the holder's rights. For the purpose of such guaranty, penalties collected all be credited upon deficiencies of prin a Jand interest before? the city shall be liable. ; Such gertificates or bonds shall be solid at public sale or by sealed proposals at a | meeting of which at least two weeks’ pub- | shed notice shal! be given, to the purchaser jwho will pay the par value thereof at the lowest interest rate, and the certificates or }bonds shall be drawn accordingly, but the rate of interest shall in no case exceed five per cent per anflum, payable annually or semi- annually. The city clerk shall certify to the \county auditor the rate of interest so deter- mined, and interest shall be computed upon the assessments at such annual rate, in ac- cordance with the terms of Section 5.) Sec. 6. Section 11 of said Chapter 185 shall be ani is hereby amended so as to read as follows: ‘Sec. 11. Nothing in this act contained be and shall apply to any city, operating under & charter by it adopted in pursuance, of Seo- tion 36, Article 4, of the tion of Minnesota. ‘The term city council in this act as amend- ed shall be held to refer to the governing body of such cities, whether, so called or calleé common coune!l or otherwise. The proportion of the cost of any improvement which may be made payable out of the city’s general fund by resolution under Section 2, and for which certificates or bonds are issued, shall be accounted a part of the bonded debt of the city, but the city’s Hability upon any ranty to make good. deficiencies under tion 10, shall not be @aken into account fag part of its Indebtedness. until the amount of such deficiency of collection, defined as aforesaid, is determined, and then only for the amount of such deficiency. Sec. 7. The title to said Chapter 185, Gen- era! Laws 1911, “is hereby amended 0 ag to read as follow: “an act relating to the acquisition of lands for streets, parks and -parkways in cities of the first class and the improvement and gov- ernment thereof and the improvement and government of existing streets and parkways"* ‘Sec. 8. Said Chapter 185 is further amend- ed by adding thereto the following: “Sec. 14. ‘The city may also, if tt have funds available, from such portion of the provement as it 4 remainder by the vided. It may for any such Sec. 9. ‘This in foree from ‘Approved AN ACT given by in the tion and of real Be it ena of Mi 5 ieictoe 4 " given t 2 ceivers duly appointed by tent Ju fon in where the sale was — law except that there is an scription of the realty in the p and in the order of sale, is hereby be valla. Sec. 2. That this act shall not action now pending where such sale into question. “Sec. 3. This act shall take effect and be force from. and after its passage. a Approved April 18, CHAPTER STS. F, No. 838 AN ACT to amend sub-division - nine ‘section four hundred thirty-four ( Revised Laws of 1905, as amended by ter two hundred and ‘ifty-five (250) General Laws of 1911, relating to the authority the Board of County Commissioners to ao quire lands for the purpose of holding there- on agricultural fairs and exhibitions. Be it enacted by the Legislature of the State ‘of Minnesota” Section 1. ‘That Sub-Division 9 of Section {34 of the Revived Laws, of 1005. an yy Chapter General Laws. relating to the authority of the to acquire County [purpose ‘or holding ny ; + ; enero »