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CHANGES —IN THE- General Statutes of 1878, EFFECTED BY THE GENERAL LAWS OF 1879 AND 1881, Arranged with reference to the Chapter and Section Amendei BAINT PAUL: WEST PUBLISHING COMPANY. 1883.

General Statutes of 1878,

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CHANGES

—IN THE-

General Statutes of 1878,

EFFECTED BY THE

GENERAL LAWS OF 1879 AND 1881,

Arranged with reference to the Chapter and Section Amendei

BAINT PAUL:

WEST PUBLISHING COMPANY.

1883.

INDEX.

Sec. Page ABUSIVE LANGUAGE.

use of, calculated to cause a breach of the peace 11 108 ADULTERATION.

penalty for selling food or drink knowing same to be adulterated 3 110 ALIMONY.

enforcement of payment of " 26 93 ANOKA COUNTY.

term of district court, when held 59 94 ANSWER

striking out as sham 99 99 APPEALS. See MUNICIPAL COURTS; N E W T R I A L ; ROADS.

may bo dismissed by judge of supreme court in vacation 23a 107 ARREST. See NATIONAL GUARD; PUBLIC CONVEYANCE. ASSESSMENT. See TAXATION. ASSESSOR.

duty of, in assessing property 33 24 duty to attend meeting of board Of review ' 40 25 to make return of trees planted 72 114

ASSIGNMENT FOR BENEFIT OF CREDITORS. See INSOLVENT LAW.

ATTACHMENT. See INSOLVENT LAW. proper tv tha t cannot be removed—how attachment is to be made 151 99

ATTORNEY G*ENERAL. See OFFICIAL BONDS; SAVINGS BANKS. salary of — 11 appropriation for salary 10 11

AUDITOR, (COUNTY.) See COUNTY AUDITOR. AUDITOR, (STATE.) See STATE AUDITOR. AUDITORS, (BOARD OF.) See COUNTY DEPOSITORY.

BAIL. . • • surrender of principal by sureties 34 111 sheriff to be notified of proposed surrender 35 112 commitment of party surrendered 36 112

4 fees of sheriff upon surrender. 37 112 BANKS.

where may be established—minimum capital of 10 46 organization— certificate—what to specify—execution of—filing and

recording—certificate from state auditor—when may withhold— publication of organization certificate '. 11 46

capital stock and membersaip^may be increased or reduced 18 47 liability—limit of liability of association 47 47

what liability includes 49 47 loan on security of stock prohibited. .• 48 47 amount of available funds to be kept on hand • 49 47

BANKS, (SAVINGS.) See SAVINGS BANKS. BANKRUPTCY. See INSOLVENT LAW. BASTARDS.

discharge of putative father—order that may be made upon 10 36 BECKER COUNTY.

term of district court in, when held 66 95 (123)

MINNESOTA STATUTES 1881 SUPPLEMENT

124 INDEX.

Sec. Page BELTRAMI COUNTY.

boundaries of 8 12 BIG STONE COUNTY.

organization of—county seat 10 12 terms of district court in, when held G7 95

BOARD OF AUDITORS. See COUNTY DEPOSITORY. BOARD OF EQUALIZATION. See TAXATION. BOARD OF IMMIGRATION. See STATE BOARD OF IMMIGRATION. BOARD OF REVIEW.

notice of meeting of, to be given—duty of assessor to attend 40 25 BOARD OF .TRADE. See FARMERS' BOARD OF TRADE. BOILERS. See STEAM-BOILERS. BOND. See CLERK OF DISTRICT COURT ; COUNTY DEPOSITORY ; MUNI­

CIPAL BONDS; OFFICIAL BONDS. BOUNTY. See TIMBER CULTURE; WOLVES. BREACH OF PEACE.

use of language calculated to produce 11 108 BROWN COUNTY.

terms of district court, when held 64 94 BUILDING SOCIETIES.

ate exempt from operation of statute in regard to usury 8 42

CAMP-MEETING ASSOCIATIONS, ETC. incorporation of—who may incorporate 183a 67 articles of incorporation—what shall contain 183S 67 articles shell be recorded—effect—power of corporation lS3d 68 capital stock—subscription to—collection of instalments 183c 68 amount of capital stock—division into shares 183c 67 net profits—distribution of 183/ 67 property to be exempt from taxation 183.9 68 directors—power to make by-laws—rules and regulations 183/t 68 directors shall have power to appoint peace officers 183* 68 streets or road not to run through ground without consent of as­

sociation 183?' 68 CAPITOL.

governor to appoint engineer, fireman, night fireman, janitor, and messenger for—duties of such officers 130 117

CARLTON COUNTY. term of district court, when held 66 94

CARS. getting on or off while in motion 67 103 penalty for so doing 68 108 duty of public officer to make arrests 69 108 useof profane or indecent language, or firing fire-arms, on board of 29 109 penalty for 30 109

CARTWAY. supervisor may expend money in improving 97 35

CARVER COUNTY. term of district court in, when held 63 94

CATTLE. See ESTRAYS. CHALLENGE.

exception to and denial of 23 112 CHAMBERS OF COMMERCE.

incorporation — execution, filing, and amendment of articles — powers 196 68

CHATTEL MORTGAGES. manner of giving notice of sale upon foreclosure 3a 87 cannot be forfeited arbitrarily 36 87 limitation of lien of chattel mortgage 3c 87 renewal of mortgage by filing affidavit 3d 87

CHILDREN. improper employment of, prohibited 3 42 penalty for such employment 4 42 custody of child after conviction of employer 5 42 wilfully permitting life or health of child to be risked. 6 43

MINNESOTA STATUTES 1881 SUPPLEMENT

INDEX. 1 2 5

i See. Page C H I P P E W A COUNTY.

term of district court in, when held 67 95 CLAY COUNTY.

term of district court in, when held 66 95 CLERK OF DISTRICT COURT.

shall take oath and give bond—bond of, to be filed and recorded —disposition of money paid into court—additional bond 257 19

removal !>y governor 3 19 blanks for bonds to be prepared by attorney general and public

examiner 114 121 fees of, in certain counties la 101 fees of, in Hennepin county 4a 102

CLERK OF SUPREME COURT. may be removed by governor 3 19 deputy of, provided for—salary of — 11 appropriation for salarv — 12

COLLECTOR OF PUBLIC MONEY. may be removed by governor ' 3 19

CONDEMNATION OF LANDS. See CORPORATIONS ; RAILROADS. CONSTITUTION, (AMENDMENTS TO.)

legislative department—sessions, when to be held—length of, unre­stricted art. 4 1 1

compensation of members " 7 1 special legislation upon particular subjects p roh ib i t ed . , . . " 33 1 general laws to take place of special legislation " 34 2

municipal corporations—limitation of amount of aid they may give to railroad art. 9 15 2

schools—proceeds of swamp lands to be applied to the benefit of. " 8 2 2 taxation—local assessment for laying water mains " 9 1 2

CORONER. may be removed from office 3 19 blank bonds of, to be prepared by attorney general and public ex­

aminer 164 124 CORPORATIONS. See BANKS ; CAMP-MEETING ASSOCIATIONS ; INSUR­

ANCE ; MUNICIPAL CORPORATIONS ; SAVINGS BANKS. condemnation of lands by—petition for—commissioners—hearing upon

petition 17 58 duties of commissioners—assessment of damages 18 58

directors—corporation may classify—filling vacancies 404 76 foreign corporations—power to deal in lands 422 76 corporation under title two—capital stock—amount of—par value of

shares 112 65 maufacturing corporations—amending articles 122 65 mining, etc., corporations—formation of 144 65

amending articles of 145 6(i capital stock—shares—proxies 147 66 may hold stock of other corporations 151 66 may mortgage, lease, or sell real estate 152 06

OTHER. THAN FOR PECUNIARY PROFIT. organization of—for what purpose may be organized 166 66

societies for temperance, moral and social reform—annual meet ing. . . 167 66 religious corporations—notice of election of trustees, how given 211 69

election of trustees—how conducted—certificate of election 212 69 term of office of trustees 220 69 notice of election of successors, how given 221 69 organization of, where there is a bishop and vicar general—pow*

ers when organized—vacancy in corporation 231 69 amendment of articles of incorporation 232^ 70

new articles to be adopted and recorded—effect when adopted and recorded 2326 70

QOSTS. may be adjudged against defendant in criminal action 15« 101 to be paid into county treasury 156 101 limitation of act in regard to 15c 101

MINNESOTA STATUTES 1881 SUPPLEMENT

1 2 6 INDEX.

Sec. Poge COTTONWOOD COUNTY. '

term of district court, when held 61 94 COUNTY.

claims against, how allowed 141 14 funds of, how disbursed 141 14 orders should be defaced on payment—preference as to payment—in-

. terest 169 17 to be deposited 170 17 attached to others for judicial purposes 69 95 to be issued for wolf bounties 75 116

COUNTY ATTORNEY. duty to prosecute violations of law in measuring wheat 19 40 partner, or one having office with, not to defend criminal 2136 18 may be removed from office 3 19 payment of salary 9 11

COUNTY AUDITOR. may be removed from office 3 19 shall be furnished with statement of county deposits—charging

and crediting such account 150<7 16 to publish delinquent tax list 72 27 to assign forfeited lands '. S9 28 duty upon receipt of report of state board of equalization 47 26 cannot purchase at tax sale 87 28 salary for clerk of, in Kandiyohi and Otter Tail counties 142 14 blank form of bonds for, to be prepared 164 121 to compare assessor's return of trees planted with proof 73 114 order for wolf bounty 75 116 to enter wolf-bounty order 76 116

COUNTY COMMISSIONERS. may be removed from office 3 19 to appoint county physician 10 36 disbursement of county funds by 141 14 may allow salary for auditor 's clerk in certain counties 142 14 compensation—warrant to be drawn for 100 13 compensation when acting as board of equalization 44a 25 seal to be used by—publication of proceedings—evidence of pro­

ceedings 105 14 COUNTY DEPOSITORY.

to be designated by board of auditors—what bank may be desig­nated—amount that may be deposited—capital stock of de­pository J f0 ' 15

board of auditors to advertise for proposals for county deposits—shal! designate county depository 150a 16

who shall not be sureties on bond of county depository 16 compensation of members of board JoJ 16

bond to be given by .v 1506 15 to be renewed "every two years 150e 16 sureties upon bond 150(Z 16 bonds formerly given not affected by repeal 150ft 17

interest On deposits to be paid ". 1506 15 county auditor to be furnished witli statement of deposit—credit­

ing interest, etc., on funds deposited 150/7 16 repeal of former laws relating to depositories 150A 16 deposits to be made bv treasurer officially 1506 16

COUNTY PHYSICIAN. to be appointed by county commissioners 10 36

COUNTY SUPERINTENDENT. may be removed from office 3 19 compensation, how fixed—contingent expenses—to file report of

schools visited 61 82 payment of salary of 9 l l

COUNTY SURVEYOR. election—term of office—shall take oath and give bond 230 18

. deputies—may appoint—power of deputies 232 18

MINNESOTA STATUTES 1881 SUPPLEMENT

INDEX. 1 2 7

Sec. Page COUNTY TREASURER.

duty on receipt and disbursement of moneys 149 15 to deposit funds 150a 15 shall deposit county funds in official capacity 150<; 16 shall keep public funds separate 150/ 16

' how shall make payments 150^ . 16 shall pay and deface county orders • • • • 169 17 shall deposit wariants and orders redeemed with county auditor. 170 17 must take notice of changes in assessment of property liable for

county deposits 150a 15 shall make payment of moneys collected ; 68 26 duty to seize hav, wood, and timber cut from lands forfeited for

taxes . . . .". 150 31 removal for misfeasance or nonfeasance 3 19

salary of, how regulated '. 172 - 17 suspension of 14 19

appointment of treasurer ad interim....'. 15 19 hearing upon charges made 16 20 testimony for and against officer to be taken 17 20 notice to be given of time and place of taking testimony 18 20 commissioner taking testimony to take oath 19 20 oath to be administered to witnesses 20 20 hearing on commissioners' report—action thereon 21 20 failure of treasurer to demand trial vacates the office 22 20 fees to be paid witnesses and commissioners 23 20 blanks for bonds of, to be prepared 164 121 prohibited from purchasing at tax sale 87 28

•COURT COMMISSIONER. may be removed from office 3 19 blanks for bonds of, to be prepared 164 121

-CREDITORS, (ASSIGNMENT FOR BENEFIT OF.) See INSOLVENT LAW. CROW W I N G COUNTY.

term of district court in, when held—grand juries in 66 95 CURATIVE ACTS.

deeds executed with but a single witness 4<j 113 mortgages given to partnership, and foreclosed in partnership

name 30 113 CUSTODIAN OF PUBLIC MONEY.

may be removed by governor 3 19

DAKOTA COUNTY. division fences in — 37

DAMS. owner of, may enter upon property of third person to repair

damages 30as 45 payment of damages for so entering 306 45

DEAF AND DUMB ASYLUM. duty of treasurer and secretary—compensation 5 76 accounting by managers 61 78

DEED. * curative act affecting 4a 113

DEMURRER. striking out as sham or frivolous .• 99 99

DIRECTORS. See COTCPOHATIONS. DISORDERLY CONDUCT. See PUBLIC CONVEYANCE. DISSECTION.

penalty for improperly exhuming or delivering bodies for 39 113 DISTRICT COURT.

terms of, in third, fourth; sixth, eighth, and ninth districts — 94 terms of, in eleventh and twelfth districts 67 95

DIVISION FENCES. See PARTITION FENCES. DIVORCE.

enforcement of payment of alimony 2fi 93 DRAINS.

bridging where they cross highway , 58 114

MINNESOTA STATUTES 1881 SUPPLEMENT

1 2 8 INDEX.

Sec. Page ELECTIONS.

county canvassing board—transmitting abstract of votes 23 3 canvassing votes 23a 4 polls—hours lor opening and closing.' SO 4. fees for carrying election returns 41 4

registering—failure of voter to register—affidavit at polls 92 4 oath of elector—who may administer—penalty for refusal to

administer oath or taking compensation therefor 93 4 use of register at election—duty to keep register—preservation—

manner of keeping—name of voter must be entered in register. 109 4 ENGINEER,

appropriation for salary 10 11 appropriation for salary of assistant — 11 to be appointed bv governor 130 117

ESTATE OF DECEDENT. See EXECUTORS AND ADMINISTBATOBS ; PABTY W A L L S .

claims against, to be passed upon by judge of probate 30 91 ESTRAYS.

damage by—tendering to release animal taken up 30 37 owners of—liability for damage done by—distraining cattle—

towns may vote to restrain animals 37 37 EXECUTION.

levy upon bulk}- article, how made 303 100 service of, upon judgment debtor 306 100 stay of execution in justice court—rate of interest — 97

EXECUTORS AND ADMINISTRATORS. to make inven tory—fees to be paid when none is made 1 91 sales of land by—when judge to make order—platting land 9 91 sale subject to liens 18 92 extending license to make sale 38 92 private sale—notice not required unless ordered 40 92 credit given on sale—giving security 42 93 when sale shall not be avoided 51 93

EXEMPT PROPERTY. what property exempt from execution 310 100

EXPERIMENTAL FRUIT FARM. appropriation for salary of superintendent and labor upon 10 11 sale of, authorized 11 85

EVIDENCE. General Statutes 1878, as evidence 56a 105 copies of decisions made by state librarian admissible 58a 105 lost instrument—evidence in action upon 76 106 evidence of proceedings of county board of commissioners 105 14 of constitution and by-laws of national guard 19 32 of organization of company of national guard 20 32 when wife may testify against husband ' . . . ; 71 52

EXTRADITION. prisoner to have twenty-four hours to apply for writ of habeas

corpus g 1 111

FARMERS' BOARD OF TRADE. members to be temporarily appointed 21 40 duty of board of trade as to weights and measures 18 40 members, how appointed 131 118

' members to tile oath with secretary of state ; 132 118 when board shall meet 133 118 officers of, to employ secretary 134 118 power of board 135 118 duty of board 136 118 compensation of members. 137 118 special meetings, how called 138 118 appropriation for 139 118 money of appropriation to remain in treasury 140 118 officers of agricultural society, etc., may be admitted to the meet­

ings 141 118

MINNESOTA STATUTES 1881 SUPPLEMENT

INDEX. 1 2 9

Sec. Page FEES.

clerk of district court, where compensation is less than eight hun­dred dollars la 101

of clerk of district court, Hennepin county 4a 102 of register of deeds in counties where compensation is less than

eight hundred dollars 26a 104 register of deeds of Hennepin county ." 27a 105 of witnesses in criminal cases 10 104 of sheriff upon surrender by bail 37 112 of commissioners and witnesses in proceeding upon suspension of

county treasurer 23 20 for carrying election returns, to be paid 41 4 upon failure to file inventory of estate " 1 91 for inspection of boilers 161 121

FENCES. See PARTITION FENCES. F INES. See NATIONAL GUARD.

for violation of act in regard to measuring grain 20 40 for cruelty to children—disposition of 7 43

F I R E INSURANCE. See INSURANCE. FIREMAN.

appropriation for salary of 10 11 for capitol to be appointed by governor 130 117

FISH. prohibition as to catching — 39

FOOD. See HONEY ; OI.EOMAHGARINE. penalty for selling adulterated food 3 110

FORCIBLE ENTRY A N D UNLAWFUL DETAINER. service of summons in action for 6 107 jurisdiction of municipal court of St. Paul in action of 82a 96

FORECLOSURE. See MORTGAGE ; RAILROADS. FORESTRY FUND. See TIMBER CULTURE. FRAUDS. See INSOLVENT LAW. FREEBORN COUNTY.

term of district court, when held — 95 F R E E LIBRARY. See LIBRARY, (PUBLIC.) FUGITIVES FROM JUSTICE.

to have twenty-four hours after arrest to apply for habeas corpus. 1 111

GAME. season for killing game bird—penalty for killing out of season.. 4 39

GARNISHMENT. See INSOLVENT LAW. discharge of garnishee upon bond being given 198 99

GLANDERED ANIMAL. penalty f8r permitting to run at large .•. 13 111

GOVERNOR. See SWAMP LANDS. may remove officers 3 119 may suspend county treasurer 14 19 to appoint certain officers for capitol 130 117 to procure list of lands, and execute deed of relinquishment 105 86

GRAIN. coloring grain prohibited 3c 110 selling colored grain prohibited 3 / 110 penalty for selling colored grain 3g 110 measuring grain. See WEIGHTS AND MEASTJKES.

GRAND JURIES. in Crow Wing count3', when to be drawn — 95

GRANT COUNTY. detached from Douglas and attached to Stevens county 69 95

GRASSHOPPER SUFFERERS. extension of time for payment of seed-grain personal tax 107a 116 extension of time for payment of seed-grain real estate tax 107& 116 application to be made for extension 107c 117 extension not to prejudice rights of state 107d 117

GROVE-MEETING ASSOCIATIONS. See CAMP-J IEETING ASSOCIATIONS. 9

MINNESOTA STATUTES 1881 SUPPLEMENT

130 INDEX.

Sec. Page GUARDIANS.

sales of land by 51* 93

HAY. cut on land forfeited for taxes may be seized 150 31

HENNEPIN COUNTY. terms of court, when held 59 94 fees of clerk of court in 4n. 102 fees of register of deeds iu 27it 105

HIGH SCHOOL." high-school board, how constiuted 148 84 state aid to high schools—to what schools allowed 149 84 condition of allowing aid to 150 84 schools receiving aid to be visited 151 84 applications for aid—amount allowed each school—annual appro­

priation 152 84 members of board to receive no compensation 153 85 board to establish rules and regulations 154 85 to keep record of proceedings—report 155 85

HIGHWAYS. See ROADS. HONEY.

manufactured honey not to be sold unless plainly marked 3c 110 penalty for selling without marking 3d 110

HUSBAND AND WIFE. when wife may testify against husband 71 52

INDECENT EXPOSURE. penalty for 28 109

INDECENT LANGUAGE. use of, in presence of females 11 108 use of, in public conveyance 29 109

INDICTMENTS. when presented, to be filed and recorded..... 60 112 clerk to certify to correctness of record 61 112 effect to be given to record of indictment 62 112

IDIOTS. school established for 64 79 who to be in charge of school .' 65 79 who may be received into school 66 79 when inmates shall be discharged 67 79 when inmates to be a charge upon the county 68 • 79

INBANE, (HOSPITAL FOR.) , sending certificate or discharge from hospital to judge of probate 21 77 warrant for fees and expenses ? 22 77 commissioners to examine hospital shall report to governor 28 77 remanding patient to probate court 28a 77 transferring feeble-minded and idiotic children 286 77 providing for feeble-minded children 28c 77 remanding incurable patients 28d 78 act not to be regarded as establishing permanent institution for

feeble-minded : 28c 78 officers of, to make monthly expense lists 61 78

INSOLVENT LAW. assignment for benefit, of creditors—dissolving attachment and

garnishment made within ten days 34 87 giving preference to creditors—application for receiver 35 88 confessing judgment to give preference 36 88 confession in anticipation of insolvency and as preference, when

void 37 89 actions under insolvent act, where to be brought—allowing new

parties 38 89 actions by petitioning creditors—where to be brought—admitting

new parties 38 89 actions by petitioning creditors when attachment is dissolved.... 39 89

MINNESOTA STATUTES 1881 SUPPLEMENT

INDEX. 131

INSOLVENT LAW—Continued. SeC' P"g* action under act to be in name of assignee or receiver—general

laws applicable 40 89 claims—appeal from disallowance—notice of disallowance 41 89 death of assignee—filling vacancy 42 90 creditor participating in distribution to release all claims 43 90 assignee or receiver to give notice of appointment 44 90 debts having preference 45 90

INSPECTION OF BOILERS. See STEAM-BOILERS. INSURANCE.

commissioner—appropriation for salary t 10 11 power to make inquiries and examine condition of companies-

penalty for false answers 299 ( 71 agent of foreign company to have certificate from—penalty for

acting without certificate—enforcement of 292 70 may publish certificate when company fails so to do 297 71

milling and manufacturing insurance company—who may organize 374A 74 how organization to be perfected 374j 74 articles of incorporation, what to contain 374; 74 article four, chapter thirty-four, General Statutes, applicable to. 374/fc 74 power of company when organized 374: 74 members of board—meetings 374;« 74 when company may commence business—notes taken for pre­

miums 374?i 74 general laws applicable to companies 374o 75 •when such company is entitled to commissioner's certificate 374^ 75 form of policy—notes—pa}'ment of premium 3"4y 75 member—premiums and notes given by—liabilities of members.. 374/- 75 company not to incur liability except as provided 374s 75 actual and contingent fund 374< 75

marine insurance—capital required of foreign company 372 72 companies other than.life, fire, and marine—to have certificates! from

commissioner , 374a 72 capital required—deposit of securities 3744 72 attorne}' of, to receive process—computation of reserve fund—

cancelling authority to act 374c 72 what is a "company " within the meaning of the act 374d 73 agent of, not to act without authority ixom commissioners 374e 73 violation of law—penalty—prosecution for 374/ 73 extent of application of law 374y 73 mutual fire insurance, of other states 318 71

town insurance companies—organization and power of 338 71 withdrawal from ; 350 72 amendment of articles of 354a 72

INTEREST. rate of, fixed at ten per cent 1 41 usurious interest paid may be recovered back 3 41 contracts for usurious interest, validity of 4 42 examining party as to amount received 5 42 parties may be witnesses in action for usury 6 42 interest, after maturity, same rate as before — 42 usurious contracts to be void 7 42 building societies exempt from usury act 8 42

INTOXICATING LIQUORS. license for—when to expire ; 23 36

ISANTI COUNTY. term of district court, when held 59 94

JANITOR. for capitol, to be appointed by governor—duties 130 117 repeal of appropriation for assistant 12

JUDGE. • salary of district judge 2 11 appropriation for salaries 10 12 number of supreme court judges la 93

MINNESOTA STATUTES 1881 SUPPLEMENT

1 3 2 INDEX.

Sec. Page JUDGE—Continued.

of supreme court, may dismiss appeal in vacation 23a 107 salary of judge municipal court Stillwater 97

JUDGE OF PROBATE. may be removed by governor 3 19 blank for bond to be prepared 104 121 payment of salary 9 11

JUDGMENT. in action to determine title to land may be entered without filing

bond ." 3 100 JURORS. See GHAND JUKY.

exception and denial of challenge 23 112 for Hennepin county, when to be summoned 4 105 national guard exempt from services 22 33

KANDIYOHI COUNTY. salary of t -easurer's clerk in 172 17 term of district court in, when held 67 95

KITTSON COUNTY. boundaries of.. 32 12 detached from Polk county and declared organized 69 95 term of district court in.. 66 95

LABORER. fireman at capitol to act as 130 117

LAC QUI PARLE COUNTY. term of district court in, when held 67 95

LAWS. how to be distributed — 9 general, to take place of special Const, art. 4 34 3

LEGISLATURE. See CONSTITUTION. apportionment of senatorial and representative districts—number

of members 1 5 LE SUEUR COUNTY.

term of district court, when held 63 94 LEVY. See ATTACHMENT ; EXECUTION ; TAXATION. LIBRARY, (PUBLIC.)

may be established in villages and cities—taxes levied for—library fund 143 119

directors of library, how appointed 144 119 term of office of directors—removal of directors 145 119 vacancies in board of directors, how filled 146 119 power of directors to adopt by-laws and make regulations 147 119 library and reading-room to be free 148 119 directors to annually report to council 149 120 council may pass ordinances imposing penalties for injuries to

books 150 120 donations—trustees may receive and hold as special trust 151 120

private library may be transferred to board—board may hold same as special trust 152 120

LICENSE. See INTOXICATING LIQUOHS. LIMITATION.

of right of foreclosure by advertisement 1 107 LINCOLN COUNTY.

detached from Lyon county — 96 term of district court in, when held 64 94

LOCAL ASSESSMENT. See CONSTITUTION. LOGS AND LUMBER.

definition and boundaries of districts 5 45 LOST INSTRUMENTS.

action upon lost instrument—evidence in 76 106 giving bond in action upon °. 77 106 limitation of statute in regard to action upon 77a 106

LYON COUNTY. term of district court, when held 64 94

MINNESOTA STATUTES 1881 SUPPLEMENT

INDEX. 1 3 3

Sec. Page MANDAMUS.

jurisdiction in—mode of trial of issues of fact 13 106 MANSLAUGHTER.

punishment of, in fourth degree 34 108 MARSHALL COUNTY.

boundaries of 44a 12 line between Marshall and Polk — 13 terms of court, when held 66 95 detached from Polk county 69 96

McLEOD COUNTY. term of district court in, when held 63 94

MEEKER COUNTY. terms of district court in, when held 67 95

MESSENGER. appropriation for salary of 10 11 to be appointed by governor—duties 130 117

MILITIA. See NATIONAL GUARD. MINNEAPOLIS. See MUNICIPAL COURTS. MINOR. See PARTY W A L L ; SAVINGS BANKS. MISNOMER. See SAVINGS BANKS. MISSISSIPPI RIVER.

waste from saw-mill not be thrown into river 3d 45 penalty for 36 45

MONTH. what is, for school purposes i 31 81

MORTGAGE. limitation of right to foreclose by advertisement 1 107

MOTIONS AND ORDERS. where motion to be made—making motion in adjoining district.. 87 98

MUNICIPAL BONDS. issuance of, for public buildings 226 21 form of ' 22S 22 interest to be paid upon 229 22 how to be executed 230 22 to be negotiated at not less than par 231 22 in aid of railway 105a 64

MUNICIPAL CORPORATIONS. limitation of aid that may be granted to railroad company

Const, art. 9 15 3 may erect public hall .' 227 22

MUNICIPAL COURTS. Minneapolis—qualification of judge—special judge—when to act—

compensation I l l 96 Saint Paul—election of judge 83 96

clerk of^seal—jurisdiction of 82 96 jurisdiction in forcible entry, etc 82a 96 appeals from justices in St. Paul to be to 107 96

Stillwater—service of process outside of Washington county pro­hibited — 97

salary of judge and clerk — 97 MURRAY COUNTY.

detached from Cottonwood county — 96 term of district court in, when held 61 94

NATIONAL GUARD. of what shall consist—muster rolls 16 31 regimental and battalion organization—officers of 17 31 company of infantry—troop of cavalry—section of artillery 18 32 company may adopt constitution and by-laws—attested copy may

be received in evidence 14 32 power of company—fines and penalties—collection of—evidence

of organization 20 32 drills and parades—camps—rifle practice 21 33 uniforms, arms, and equipments exempt from execution—mem­

bers exempt from arrest and jury duty 22 33

MINNESOTA STATUTES 1881 SUPPLEMENT

1 3 4 INDEX.

C A P P Q fro

NATIONAL GUARD—Continued. ' e

allowance from state treasury—how money is to be used 23 33 compensation of member when called into active service 24 33 appropriation to carry act into effect 25 33

N E W TRIAL. demand for, where title to real estate is involved, and appeal taken. 11 106

NICOLLET COUNTY. • term of district court—when held 64 94

NIGHT WATCHMAN. approprial ion for salary of, at capitol 10 11 engineer a nd assistant engineer at capitol to act as 130 117

NORMAL SCHOOLS. tuition free to state pupils—rates to be charged others 137 83 additional standing—appropriation for 147as 84 board to appoint teacher for teachers' institutes 1476 84 accounting officers to make pay rolls and expense lists 61 78

NORMAN COUNTY. boundaries—county seat 51a 13 term of court, when to be held 66 95

NORTHERN PACIFIC RAILROAD COMPANY. condemnation of lands by '— 59

OBSCENE LANGUAGE. penalty for using in presence of females 28 109 penalty for use of, where calculated to cause breach of p e a c e . . . . 11 108

OFFICERS. See CLERK OF DISTEICT COURT ; CLERK OF SUPREME COURT ; COUNTY ATTORNEY ; COUNTY AUDITOR ; COUNTY COM­MISSIONERS ; COUNTY SUPERINTENDENT; COUNTY S U R V E Y O R ; . COUNTY TREASURER ; COURT COMMISSIONER ; GOVERNOR ; JUDGE ; JUDGE OF PROBATE ; PUBLIC EXAMINER ; STATE LIBRARIAN ; REGISTER OF D E E D S ; STATE AUDITOR ; STATE O F F I C E R S ; STATE TREASURER.

removal of, by governor 3 19 filling vacancy 11 19 county officers elected to hold full term 11 19

OFFICIAL BONDS. blanks for to be prepared by attorney-general and public examiner 164 121 blanks to be supplied county auditor 165 121 duty of officer elected to use blanks 166 121 bond of register of deeds to be recorded 167 121 bonds of other county officers to be recorded, when 168 122 bonds to be approved by attorney-general 169 122 when bond is disapproved, new one to be g iven . . . . . " 170 122 removing bond riled'with secretary of state 171 122 certified copy of bond—effect to be given to 172 122

• repealing clause 173 122 OLEOMARGARINE.

when offered for sale, to be plainly marked 3a 110 offering for sale, prima facie evidence of knowledge of character . . 3b 110

OLMSTED COUNTY. term of district court in, when held 58 94

ORDERS. may be made anywhere in state—staying proceedings 87 98

of town's. Sec TOWNS. of county. See COUNTY ; WOLVES. for timber-culture bounty. See TIMBER CULTURE.

ORPHAN ASYLUM. when may be appointed guardian of infant 181 66 when may take charge of destitute children 182 67

OTTER TAIL COUNTY. clerk hire for auditor 142 14

P A R T I T I O N FENCE. limitation of application of law in regard to 24 37 in Dakota county — 37

MINNESOTA STATUTES 1881 SUPPLEMENT

INDEX. 135

Sec. Pagtt P A R T Y W A L L .

agreement as to, where land belongs to estate of decedent or minor 20 91

P I P E S T O N E COUNTY. organization of 56 13 term of district court, when held 61 94

P L E A D I N G S . wha t is admitted by failure to answer or reply 119 99 str iking out answer, etc., as sham 99 99 str iking out demurrers as frivolous 19 99

P O L K COUNTY. boundary between Polk and Marshall 57 13 Norman county created from ; 51 13 term of district court—to be held when 66 94

POOR. physicians for, to be appointed—duties of 10 36

P R O P A N E LANGUAGE. use of, on public conveyance—penalty 29 109

P R O V I S I O N S . See H O N E Y ; OLEOMARGARINE. penal ty for selling, where diseased or unwholesome 1 110

P U B L I C C O N V E Y A N C E . disorderly conduct upon—penal ty 12 109

- conductor of public conveyance—may make arrest for disorderly conduct 13 109

P U B L I C E X A M I N E R . salarj- and contingent fund of 96 10 indirect compensation prohibited—penalty for receiving compen­

sation outside of salary 96 10 appropriat ion for salary of 10 12 duty in connection wi th savings banks. See SAVINGS BANKS. to prepare form of official bonds. See O F F I C I A L BONDS.

P U B L I C HALL. municipal corporation authorized to erect 227 22 may issue bonds to erect 226 21

P U B L I C LANDS. See RAILROADS ; SWAMP LANDS.

RAILROADS. ° meaning of term where used in statutes — 8 Illinois company shall not remove action to federal court 106a 64 condemnation—failure to pa} 'award within sixty days 29 59 proceeding to determine validity of awards 39a 59 course of procedure in such proceeding 39* 59 entry of judgment in condemnation 39« 59 joinder of part ies in proceedings 39a' 60 action to be governed by wha t rules 39« 60 power to acquire roadway. 39/ 60 extent of power '. 39g GO condemnation proceedings—how conducted 39/t 60 construction to be given to statute in regard to condemnation of

lands .'.' 39i 61 grant of r ight of way and depot grounds over public lands 43 61 width of r ight of way granted 44 61 purchase of r igh t of way, etc. , over public lands—valuation—

payment 45 61 funds received for lands—how disposed of 46 61 railroad crossing t rack of another—conflicting rights—how deter­

mined 47 62 consolidation of connecting roads 66a 62 articles of consolidation—consolidation—how effected 66A 62 parallel lines not to be consolidated, leased, or purchased 66u 63 purchase of railroad on foreclosure—rights acquired 87 63 alteration of line—road not to be diverted from town 91a 63 corporation of this state may act outside of state 916 64 r ight to extend road and build brandies 91c 64 municipal bonds in aid of 105a 64

MINNESOTA STATUTES 1881 SUPPLEMENT

136 INDEX.

Sec. Pags RAMSEY COUNTY.

service of summons in 58 98 READING ROOMS. See LIBRARY, (PUBLIC.) REAL ESTATE. See SAVINGS BANKS.

deinand for second trial, where title is involved and appeal taken. 11 10G RECEIVER OF PUBLIC MONEY.

may be removed from office 3 19 REDEMPTION.

provision as to giving notice to redeem from tax sale repealed... 121 30 REDWOOD COUNTY.

term of dist rict court, when held 64 94 REFORM SCHOOL. See STATE REFORM SCHOOL. REGISTER OF DEEDS.

shall take oath and give bond 175 . 18 may be removed from office 3 19 fees of in certain counties 26a 104 fees of in Hennepin county 27a 105 blank form of bond for, to be prepared 164 121 bond to be recorded 167 121

RELIGIOUS CORPORATIONS. See CAMP-MEETING ASSOCIATIONS; CORPORATIONS.

REMOVAL TO FEDERAL COURT. See RAILROADS. RENVILLE COUNTY.

term of district court, when held 64 94 REPLY.

when plaintiff shall reply—what to contain 100 99 when judgment may be entered for want of 101 99 may be demurred to 102 49 striking out as frivolous .*. 99 99

REPORTER. salary of 13 44

REPORTS OF SUPREME COURT. contractor to be furnished with copy—size of volumes 5 43 price at which contractor shall supply—number to be supplied

the state—copyright 6 43 contract to be entered into for publication—bond to be furnished 7 44 terms of contract to publish—failure to comply with 8 44 volume twenty-seven to be excepted 9 44 proceedings in case of failure of contractor 11 44 warrant to be drawn for books supplied the state..., 10 44 inconsistent acts repealed 12 44 salary of reporter 13 44

REPRESENTATIVES, (HOUSE OF.) number of members of 1 5

ROADS. commutation road tax, when to he paid 16 34 duty of surveyor to note distance from section line 37a 34 road between town and city 46a 34 appeal from decision in regard to road 464 34 road between town and village—law applicable to 46c 34 expense of road 47 34 appeal to district court—trial of appeal 62 34 proceeding on decision of appeal 63 35 payment of damages—use of town order for 63 35 right of land-owner to seed highway 65a 35 field notes of survey to be furnished county auditor 73a 35 held notes to be recorded by town clerk—effect of record 73& 35

• ROADS, (DISTRICT. ) village may be constituted district 219 21

ROCK COUNTY. term of district court in, when held 61 94

SAINT LOUIS COUNTY. term of district court in, when held 66 95

SAINT PAUL See MUNICIPAL COUISTS.

MINNESOTA STATUTES 1881 SUPPLEMENT

INDEX. 1 3 7

Sec. Page S A I N T PAUL & DULUTH RAILROAD COMPANY.

condemnation of land by — 59 SAVINGS BANKS.

declared corporations—general powers vested in 47 43 who may organize .' 48 48 organization certificate—contents 49 43

bank trustees to give bond—action upon 49 48 first trustees—power Gl 50 trustees to elect president and other officers 62 50 have power to make by-laws 63 50 meetings of board of—quorum—presiding officer 64 51 vacation of office of trustee—when it occurs 65 51 not to be interested in profits 67 51 investments by trustees—in what to be made 72 52 violation of duty to arrest 75 53 compensation of trustee acting as officer , . 80 55 duty to examine books of bank 90 56 reducing number of trustees 93 57 organization—certificate to be in duplicate—where to be filed.... 50 48 publication of notice of intent to organize—contents of notice—

service v 51 49 state auditor's indorsement on certificate 52 49 proceedings where certificate is irregular 53 49 duty of auditor, public examiner, and attorney general on filing

certificate 54 49 certificate of authorization—when shall issue 55 49 recording certificate of authorization—recording refusal to issue

certificate 56 50 notice to register of refusal of certificate 57 50 failure to effect organization within one year—extending t ime. . . 60 50 on issuance of authorization certificate, persons constituted cor­

poration 58 50 names and residences of officers to be transmitted to public ex­

aminer 59 50 requiring security from officers 66 51

deposits—bank may receive 68 51 repayment of 69 51 by minor or female 70 51 action for—proceedings—payment into court 71 52 wife may testify against husband as to 4 71 52 to be invested 74 53 temporary 75 53 interest on—regulation and payment of 78 54 rate of interest to be paid depositors 78a 54 evidence of deposit need not be under seal 90 58

real estate—for what purpose bank may hold 7 3 ' 53 shall not trade or deal in real or personal propeity 77 54 insurance of buildings on which loan is made 76 53 determining surplus, what to be included 79a 54

report—to be made to public examiner—when to be made 81 55 what report shall contain S2 55 shall state liabilities 83 55 how report to be verified 84 55 penalty for failure to report 85 55 report to public examiner, only one required 86 55 public examiner to report to legislature 87 56 bank becoming insolvent—disposition of assets 91 56 other banks not to solicit deposits as savings banks 92 57 public examiner to examine at least once a year—duty on exam­

ination 88 56 duty of public examiner and attorney general on violation of law

—proceedings 89 56 name—change of—how made 4 94 57

application of law to existing banks 95 57

MINNESOTA STATUTES 1881 SUPPLEMENT

138 INDEX.

Sec. Page SAVINGS BANKS-Continued.

name—misnomer of corporation in deed—effect 97 58 construction to be given to act 98 58 banks previously organized 98 58

SCHOOLS. See COUNTY SUPERINTENDENT; HIGH SCHOOLS; STATB SUPERINTENDENT; TEXT-BOOKS.

proceeds of swamp lands to be devoted to Const, art 8 2 2 neglect or refusal of officer to serve—penalty 86 83 when incumbent of office to hold over 20 80 visiting schools—English language to be used in 32 82

bonds—interest on, not to exceed ten per cent 2.6 81 sale of bonds and use of proceeds 27 81

instruction in moral and social science authorized 177 85 manner in which shall be given 178 85 emulation to be encouraged among pupils 179 85

school-districts—notice of meetings 9 79 formation, alteration, and union of districts 12 80 changing boundaries—petition and notice—service of 15 80 petition where district is in two or more counties 16 80 petition and remonstrances may be signed by woman—freeholders,

who are 16 80 disposition of district funds when district becomes extinct 17 80

independent districts—size of 94 83 meeting of elect officers, notice of 97 83

scholars—adult and non-resident—admission of—suspension and ex­pulsion 32 82

school-house—ufe for other than school purposes 23a 81 bond to be taken where used for other purposes 23* 81 rent to'be charged 23c 81 repealing clause 23d 81

trustees—who form board of—powers—contracts 23 81 trustee holding over 20 80 to make contract with teacher, and furnish fuel 31 81

SCOTT COUNTY. term of district court in, when held 63 94

SECRETARY OF STATE. duty as to distribution of laws 34 9 appropriation for clerk -10 12

SENATE. number of members 1 5 apportionment of districts 2 5

SHERIFF. See BAIL ; F E E S . may be removed by the governor 3 19 blank form of bond for, to be prepared 164 121 fees upon surrender by bail 37 112 to be notified of proposed surrender by bail 35 112 duty to arrest person gett ing on or oft cars in motion 69 108

SIBLEY COUNTY. term of district court, when held 63 94

SINKING FUND. money may be borrowed from 44 9 destruction of state bonds held by 44a 9

SOLDIERS' ORPHANS' HOME. distribution of funds of — 78

STATE AUDITOR. See TIMBER CULTURE. salary of chief clerk • • • • — 11 appropriation for salary 10 11 report of board of equalization to be transmitted to 47 26 to issue warrant for timber bounty 73a 115 to examine expense lists of state institutions, and draw warrant . 62 78

STATE BOARD OF IMMIGRATION. who shall form 107 10 duties of board 108 10 shall appoint secretary—salary 109 10

MINNESOTA STATUTES 1881 SUPPLEMENT

INDEX. 139

Sec. Page STATE BOARD OP IMMIGRATION—Continued.

quorum for business 110 10 appropriation for use of I l l 10 shall make report to legislature 114 10

STATE BONDS. destruction of, by board of auditors 44a 9

STATE INSTITUTIONS. duty of officers to make pay rolls and expense lists 61 78 state auditor shall examine expense list and draw warrants—five

per cent, contingent fund 62 78 bills and vouchers to be in duplicate 63 78

STATE LIBRARIAN. salary of 11 appropriation for salary : 10 11 may make and certify copies of decisions in books in state library 58a 105

STATE OFFICERS. salaries — 11 appropriation for salaries 10 11

STATE PRISON. salary of warden of — 113 duty of officers to make pay rolls and expense lists 61 78

STATE REFORM SCHOOL. commitment of children to 45as 78 duty of officers to make pay rolls and expense lists 61 78

STATE TREASURER. to issue receipts to counties for payments into state treasury.... 34 9

• may borrow from sinking fund 44 9 STATUTE.

construction of — 8 General Statutes 1878—how to be cited 56 105 to be evidence 56a 105

8TAT OF EXECUTION. See EXECUTION. STEAM-BOILERS.

appointment of inspectors for 153 120 qualifications of inspectors—shall take oath—removal of 154 120 may establish rules and regulations 155 120 owners of boiler shall cause same to be inspected—penalty for

failure 156 120 inspectors to annually inspect and grant certificates 157 121 inspection in addition to annual—penalty for using condemned

boiler 158 121 boiler to have fusible plug 159 121 inspectors to have free access to boilers 160 121 fees of inspectors 161 121 penalty for making false certificate 162 121 boilers exempt from act 163 121

STEVENS. COUNTY. declared organized—acts of former officers legalized 70 13 terms of district court in, when held 67 95

STILLWATER. See MUNICIPAL COURTS. STOCKHOLDERS. See CORPORATIONS. SUMMONS.

service of, in Ramsey county 58 98 service by publication—when may be made 64 98 of municipal court of Stillwater — 97 in forcible entry and unlawful detainer 6 107

SUNDAY-SCHOOL ASSEMBLIES. See CAMP-MEETING ASSOCIATIONS. SUPREME COURT.

number of judges increased to five .' 1 93 salary of reporter 13 44 salary of deputy clerk — 11 appropriation for deputy clerk — 12 reports of—provisions as to publication — 43

SURVEYOR, (COUNTY.) See COUNTY SURVEYOR.

MINNESOTA STATUTES 1881 SUPPLEMENT

140 INDEX.

Sec. Pago SURVEYORS OP LOGS AND LUMBER.

offices, where to be kept 7 46 deputy, for second district 7 46

SWAMP LANDS. relinquishment of, where entered as United States lands 105 86 where lands have been disposed of by general government 106 86 duty of governor to procure list and execute deed of relinquish­

ment 107 86 relinquishment by state's grantee—right to select other lands— 10S 86 proceeds of sales to be devoted to schools Const, art. 8 2 2

SWIFT COUNTY. term of district court in, when held 67 95

TAXATION. See CONSTITUTION. levy of tax in Itaska as compensation for Crow Wing county . . . 125 30 levy and collection of tax to pay municipal bonds 145 30 tax-to pay municipal bonds—application of 147 30 assessment of banks having no capital stock 23 23 of corporations—how and by whom property to be taxed 22 23 assessment of property to be at full value—value, how ascertained 28 24 valuation of property to be fixed by 16 23 how and when assessment shall be made 33 24 taxing property omitted from assessment 113 29 board of review—giving notice of meeting 40 25

delinquent list—to be delivered to county auditor—form of notice of delinquent taxes 71 26

time and mcnner of publishing & 72 27 affidavit of publication to be tiled 74 27 judgment for delinquent taxes when no answer is tiled—form and

entry of tax judgment 76 27 collection of delinquent taxes of — 23 sale for delinquent taxes of 1S79 and prior years — 23

Bale—who may not purchase at—effect of purchase by the owner . . . . 87 28 repayment of money when declared void 97 29 property bid in by state, to whom to be assigned 87 28 assignment 'iy state—how to be made—form of assignment S9 23 application to have certificate declared void—petition to commis­

sioners—refunding amount paid 148 30 hay, wood, end timber cut from forfeited lands—seizure of 150 31 railroad and government lands becoming liable to be certified by

state auditor US 30 commutation of road tax 16 34 wolf-bounty orders receivable for taxes 75 116

equalization county board—compensation of members of 44a 25 state board — how organized—compensation of—meeting—rules for

equalizing taxes. 46 25 keeping record of proceedings—transmitting to state auditor.... 47 26

TEACHERS. only those hsiving certificates to be employed—month—trustee to

make contract with—to keep register 31 81 TEACHERS' INSTITUTES.

where to be held 53 82 normal school board to detail teachers 1476 84

TELEGRAPH AND TELEPHONE COMPANIES. may construct line on highways 42 61

TEXT-BOOKS. duplicate receipts for, to be transmitted by 63 85

TIMBER. cut from land forfeited for taxes 150 31

TIMBER CULTURE. bounty for tree planting 70 114 proceedings to-.obtain bounty 71 114 assessor to make return of trees planted 72 114 county auditor to compare proof with assessor's return 73 115

MINNESOTA STATUTES 1881 SUPPLEMENT

INDEX. 1 4 1

Sec. Pago TIMBER CULTURE—Continued.

state auditor to issue warrant for bounty—limitation of amount . 73a 115 forestry fund—tax for—limitation of expenditure from 736 115 application for bounty where party has failed to plat and measure

• land " 73c 115 TOWN INSURANCE COMPANY. See INSURANCE. TOWNS.

may vote to restrain cattle from running at large 37 37 meetings—giving notice of change of place of holding 13 20 orders—entry of presentment when there are no funds for payment

—when to boar interest 79a 21 order of payment 796 21 use of, in payment of road damages 63 35 road between town and village 46c 34 road between town and city 46a 34

TRAVERSE COUNTY. boundaries of 74a 13

TREASURER, (COUNTY.) See COUNTY TREASURER. TREASURER, (STATE.) See STATE TREASURER. TRIAL.

changing place of—notice and affidavit for service of 49a 97 TRUSTEES. See SAVINGS B A N K S ; SCHOOLS.

UNIVERSITY. officers of, to make monthly expense lists 61 78

USURY. See INTEREST.

VILLAGES. may be constituted road district 219 21 sidewalks in—construction of 221 21 public library in. See LIBRARIES, (PUBLIC.) road between town and village 46c 34

WABASHA COUNTY. term of district court, when held 58 94

WADENA COUNTY. detached from Crow Wing, and organized for judicial purposes.. 69 95 term of district court, when held 66 95

WEIGHTS AND MEASURES. standard for measuring and grading wheat—farmers' board of

trade to fix 14 40 wheat as legal tender 15 40 penalty for using measure different from the one adopted.'. 16 40 two-quart measure may be used instead of half bushel 17 40 manner of filling measure—who to determine 18 40

W H E A T . See G R A I N ; W E I G H T S AND MEASURES. W I L K I N COUNTY.

term of court, when held 67 95 W I N O N A COUNTY.

term of district court, when held 58 94 WOLVES.

bounty for destruction—applicant to make proof 74 116 county auditor may issue order on treasurer for bounty—order

receivable for taxes 75 116 orders to be entered by auditor 76 116 redemption of order—presentation of — issuance of fraudulent

orders—penalty for >. 77 116 WOOD.

cut from lands forfeited for taxes, may be seized 150 51 WRIGHT COUNTY.

term of district court, when held 59 94

YELLOW MEDICINE COUNTY. term of district court, when held 67 95

MINNESOTA STATUTES 1881 SUPPLEMENT