Arrest by offigers-where al

Lowed.

for.

SEC. 3. It shall be lawful for any officer, in whose hand a writ shall have been placed, for the apprehension of any person or persons charged with taking or removing any saw logs, to arrest such person or persons on any part of a river or lake, or any island in a river or lake, contiguous to his proper county, and to secure the logs so taken or removed, so that the owner thereof may be put in possession of the same.

SEC. 4. Any person who shall purchase, receive, or secrete saw logs so taken or removed, or who shall cut, or otherwise injure logs Purchasing stoJen logs-penalty so taken or removed, shall be punished in the same manner, and to the same extent as is provided is this act for taking, removing or destroying saw logs, as herein provided: Provided, That no person shall be so punished for receiving or buying logs as aforesaid, if he received or bought them under and by virtue of any scale list, signed by a legal surveyor of logs or lumber in this Territory, and shall be in possession of said scale list.

Proviso.

Scaling stolen Jogs-penalty.

SEC. 5. If any Surveyor General or deputy, shall scale or give a scale list of any logs to any person or persons, in this Territory, which logs were taken or removed as aforesaid, the said Surveyor General or deputy so offending, shall forfeit and pay for every such offence, the sum of twenty-five dollars, to be recovered in an action of debt by any person sueing for the same in any court of competent jurisdiction.

SEC. 6. This act shall take effect and be in force from and after its passage.

N. C. D. TAYLOR,

Speaker of the House of Representatives.

S. B. OLMSTEAD,
President of the Council.

APPROVED-March third, one thousand eight hundred and fifty

four.

W. A. GORMAN.

SECRETARY'S OFFICE,

St. Paul, April 4th, 1854.

I hereby certify the foregoing to be a correct copy of the original act on file in this office.

J. TRAVIS ROSSER,

Secretary of Minnesota Territory.

CHAPTER 2.

An Act to amend an Act entitled, "An Act to Incorporate the Mississippi Boom Company," March 4, 1854. and an Act amendatory thereto.

Be it enacted by the Legislative Assembly of the Territory of Min- Amendment. nesota, That the sixth section of the act entitled an act to incorporate the "Mississippi Boom Company," shall be so amended as to read as follows, viz:

"SEC. 6. The President, Directors, Secretary and other officers, may be elected or appointed by the stockholers, or a majority in value of said stockholders, in such manner, and at such times, and shall hold their respective offices for such term as the by-laws of said Company shall direct; Provided, That the president shall be chosen from the directors of said Company."

SEC. 2. The second section of the act, entitled an act to amend an act entitled an act to incorporate the "Mississippi Boom Company," shall be so amended as to read as follows, viz:

Power to con^

struct Boom, and duties of Boom Company,

"SEC. 2. The said Boom Company shall be and are hereby authorized and empowered to construct, maintain, and keep a boom or booms upon the Mississippi river, at such points between the Falls of St. Anthony, (so called,) and the town of St. Paul, (so called,) as they may select; in which boom or booms, all logs or hewn timber coming down said river between the tenth day after the ice is out of the river and the first day of October in each year, shall be gathered by said company, and such logs or timber shall not be retained in such boom, by the said Company, for a longer period than thirty days, unless otherwise agreed by and between the owner of such logs or timber and the said Boom Company; and the said Boom Company shall be held accountable for all neglect to keep said boom in good order and repair, and for all damages which may accrue by a failure so to do: Provided, That this act shall not be so construed as to make the said Boom Company liable for logs running by in consequence of the breaking away of a boom or booms above the Falls of St. Anthony: And provided also, That Proviso, this act shall not be so construed as to prevent any person or company, from erecting or hanging any side or sheer boom to collect their own logs or timber, at any point not less than one mile above the upper part of the boom, of said Company, or one half mile below the lower or main boom of said company.'

SEC. 3, The third section of the said act entitled an act to amend an act entitled an act to incorporate the Mississippi Boom Company shall be so amended as to read as follows:

"SEC. 3. The capital stock shall be ten thousand dollars; in shares of one hundred dollars each; and the Board of Directors shall have power at any time whenever a majority in value of stockholders shall deem the same adviseable to increase the number of

Capital Stock,

Logs,how sorted out.

Proviso.

shares to any amount, not exceeding in the whole twenty-five thousand dollars; and each stockholder shall be individually liable for the debts of said Company to the amount of stock each may own."

SEC. 4. The fourth section of the said act to amend an act entitled an act to incorporate the Mississippi Boom Company, shall be so amended as to read as follows, viz:

"SEC. 4. The said company shall sort out the logs and timber according to their several marks, and shall raft the same out of said boom temporarily, with lines and wedges, or with binders, and in such quantities together as the said company shall select, sufficiently secure to run to the lower mill at St. Paul, and shall deliver the same to the several owners thereof, at or near the foot of said boom; Provided That the said Boom Company shall not be obliged to retain any logs or timbers at the foot of said boom, for a longer period than three days after notice has been given to the owner or owners of such logs or timber, or his or their agents, that such logs or timber are ready for delivery: And provided also, that the said company may raft in strings or in rafts for running down the Mississippi, the logs or other timber belonging to any person or persons, for such compensrtion as may be agreed upon by the parties, Boom company and if the rafts or strings so rafted are not taken away within three may remove logs. days of the time when the owner or owners shall have been notified that the said rafts or strings are ready for delivery, then the said Company may carefully drop the said rafts or string and make the same fast at some point below the boom, at the expense and risk of the owner or owners of the said rafts or strings.

ogs,how scaled.

Provision for compensation for booming.

SEC. 5. The eighth section of the said act to amend an act entitled an act to incorporate the Mississippi Boom Company shall be so amended as to read as follows, viz;

"SEC. 8. All logs or other timber passing through said boom, shall be scaled by some competent person, to be selected by the said company, when there is no authorized surveyor of lumber in office in the county or counties in which said boom is or may be located, and computed according to the Pine scale now used and known as the St. Croix Pine Scale, or such other scale as may be provided by law; and the charges made according to said scale and the said Boom Company shall have power and are hereby authorized to cause logs of each mark, sufficient to cover the amount of boomage, scaling and rafting due on such mark, computing said logs so scaled at highest cash market price at said boom, per thousand feet, to be scaled to the said Boom Company on delivery of each raft or string of logs rafted permanently by said Boom Company, or on each and every Saturday for logs delivered in lines and wedges, or otherwise temporarily rafted, as provided by this act, and said logs so scaled to the said Boom Company shall be immediately marked with the mark of said Company and shall become the property of said Company, and said Company may also charge and collect ten cents additional Boomage on all logs retained over winter in said Boom, at the request of the owner or owners of said logs or timber." N. C. D. TAYLOR,

Speaker of the House of Representatives.

S. B. OLMSTEAD,
President of the Council

APPROVED-March fourth, one thousand eight hundred and fifty

Dur.

W. A. GORMAN.

SECRETARY'S OFFICE,

St. Paul, March 30th, 1844.

I hereby certify the foregoing to be a correct copy of the origina act on file in this office.

J. TRAVIS ROSSER,

Secretary of Minnesota Territory.

CHAPTER 3.

An Act to amend an Act entitled "An Act to Incorporate the St. Croix Boom Company.

March 3, 1854,

Be it enacted by the Legislative Assembly of the Territory of Minnesota, That the Act entitled "an act to incorporate the St. Croix Boom Company," passed February 7th, 1851, be, and the same are hereby amended to read as follows:

St. Croix Boom
Company.

Corporators,

SECTION 1. That Orange Walker, John McKusick, George B. Judd, Levi Churchill, Socrates Nelson, Daniel Meers, W. H. C. Folsom, and William Kent and their associates, successors and assigns be, and they are hereby constituted a body corporate and politic, for the purposes hereinafter mentioned, by the name of the "Saint Croix Boom Company," for the term of fifteen years, and Term of duration. by that name they and their successors shall be, and they are hereby made capable in law, to contract and be contracted with, sue and be sued, plead and be impleaded, prosecute and defend, answer and be answered, in any court of record, or elsewhere, and to purchase and hold any estate, real, personal or mixed, and the same to grant, sell, lease, mortgage or otherwise dispose of, for the benefit of said company; to devise and keep a common seal, to make and enforce any by-laws not contrary to the constitution and laws of the United States, or of this Territory; and to enjoy all the privileges, franchises and immunities incident to a corporation.

May hold pro

perty,

SEC. 2. The capital stock of said company shall be ten thousand Capital stock, dollars, in shares of one hundred dollars each, and the board of directors shall have power at any time, whenever a majority in value of the stockholders shall deem the same advisable, to increase the said capital stock to an amount not exceeding in the whole, twenty

Books, where opened,

five thousand dollars. And the stockholders shall be individually liable for the debts of said company.

SEC. 3. Any three of the individuals named in the first section of this act, shall be authorised to cause books to be opened at Stillwa

in the county of Washington, for the purpose of receiving subscriptions to the capital stock of said company, first giving twenty days notice, in any two newspapers published in this Territory, of the time and place of opening said books.

SEC. 4. Whenever five thousand dollars of the stock shall have Company, how been subscribed, and five dollars upon each share so subscribed for, organized. shall have been actually paid in, any number of the subscribers who shall represent a majority of the then subscription to said stock, shall be authorised to call a meeting of the several subscribers thereunto, by giving ten days' notice of the time and place of such meeting, in any two newspapers published in this Territory, and those of the subscribers who may be present at such meeting, so called, shall have the power and be authorised te elect a board of five directors from the stockholders of said company.

Officers,

Elections,

SEC. 5. The board of directors thus chosen, shall proceed to elect one of their number as president of the said company, and shall choose one person who shall act both as treasurer and secretary of said company; and who shall give bonds to be approved by the president and directors, to the said president and directors, in the penal sum of five thousand dollars, conditioned for the faithful and correct discharge of his duty as treasurer and secretary, and at such first meeting, said president and directors, shall prepare and adopt a code of by-laws for the regulation and government of the affairs of said company, which may be altered or amended at any subsequent meeting of said board of directors.

SEC. 6. The said president, directors and treasurer and secretary, chosen according to the provisions of the two preceding sections, shall remain in their several offices until the Wednesday immediately preceding the twenty-fifth day of December, in the year of our Lord one thousand eight hundred and fifty-one, upon which said Wednesday, a meeting of said stockholders shall be held, and a board of five directors chosen, who shall remain in office for one year thereafter; and annually thereafter, on the Wednesday next preceding the twenty-fifth day of December of each year, a meeting of the stockholders, shall be held, and a board of five directors shall be chosen for the ensuing year: Provided, That if any vacancy shall be created in any office, by reason of resignation, death or otherwise, the board of directors shall have the power to fill such Vacancies,how vacancy for the remainder of the term: Provided, atso, That the president of said company shall be chosen from the five directors thereof, and a treasurer and secretary shall always be chosen by the said board of directors, according to the provisions of the fifth section of this act.

filled.

Meetings, how called.

Bye-Laws,

SEC. 7. The president of said company shall have power to call a meeting of the stockholders at any time, by giving twenty days' notice of the time and place of said meeting, in any two newspapers published in this Territory; and any three of the board of directors, or a majority in value of the stockholders, shall have the like power to call such meeting of the stockholders in like manner: Provided, That the duties and powers of the president, not in this act specifically set forth, shall be specified and prescribed in the by-laws adopted by the board of directors, according to the provisions of the fifth section of this act.