CHAPTER 2—S. F. No. 54.

An act to fix the times of holding general terms of the District Court in the Third Judicial District of the State of Minnesota.

Be it enacted by the Legislature of the State of Minnesota:

Section 1. Grand jury to be summoned only on direction of judge for April term in Winona County.-The general terms of the District Court in the several counties constituting the Third Judicial District of the State of Minnesota shall be held each year at the times herein prescribed as follows:

Olmstead County on the first Monday in June and December; Wabasha County on the second Monday in May and November;

Winona County on the second Monday in January, the third Monday in April and September; provided that no grand jury shall be drawn or summoned for the April term of said Court in Winona County, except upon the direction of the presiding judge of the District Court of said county.

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved January 17, 1917.

CHAPTER 3-S. F. No. 55.

An act to authorize the Attorney General of the State of Minnesota to bring condemnation proceedings on the request of the Game and Fish Commissioner in certain cases.

Be it enacted by the Legislature of the State of Minnesota:

Section 1. Condemnation proceedings for fish hatcherie's to be commenced by Attorney General.-Whenever an appropriation shall have been made by the legislature of the State of Minnesota for the establishment of a fish hatchery on certain lands or parcels of land and when it is not possible to effect the purchase of such portion of such land as is necessary for the purpose, or when in the opinion of the State Game and Fish Commissioner the price demanded for such necessary land by the owners thereof is unreasonable and excessive, the Attorney General of the State of Minnesota shall, upon the written request of the State Game and Fish Commissioner, commence condemnation proceedings to secure such necessary land, together with the necessary water rights, if any, necessary to secure the successful operation of such fish hatchery, and such condemnation proceedings shall be had, conducted and completed substantially as provided for in Sections 5412 and 5413, G. S. 1913, and the ap

propriation referred to or such part thereof as may be necessary may be used either to purchase such necessary land and water rights or to pay therefor pursuant to the award or judgment in such condemnation proceeding.

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved January 24, 1917.

CHAPTER 4-H. F. No. 238.

An act relating to the loaning of military overcoats to members of the National Guard, providing for the return thereof; relieving Company, Battery or Detachment Commanders from financial responsibility and liability and prescribing a penalty for the non-return of said overcoats.

Be it enacted by the Legislature of the State of Minnesota:

Section 1. Military overcoats loaned to National Guard and provision for return. Any military overcoat belonging to or issued to the State of Minnesota and in possession of any company, battery or detachment Commander, may by said Commander be turned over and delivered to the member of the National Guard to whom such overcoat had previously been issued when he was in the Federal service, and such Commander shall. upon taking a receipt for such overcoat from the National Guardsman to whom the same is turned over and delivered, be relieved from financial responsibility therefor and from liability on his bond until the return to him of such overcoat. Said overcoat so disposed of as aforesaid shall be and remain the owned. or issued property of the State of Minnesota and shall be returned to the Commander aforesaid by the National Guardsman receiving the same within thirty days after the giving of such receipt. Any person so receiving and receipting for such overcoat who shall retain the same or not return it to the Commander aforesaid within said thirty days shall be guilty of a misdemeanor and upon conviction shall be punished accordingly.

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved January 24, 1917.

CHAPTER 5-H. F. No. 56.

An act fixing the times of holding general terms of the District Court of the Second Judicial District of the State of Minnesota in Ramsey County, Minneosta.

Be it enacted by the Legislature of the State of Minnesota:

Section 1. General term of District Court in Ramsey County to commence on first Monday in October.-The general terms of the District Court of the Second Judicial District of the State of Minnesota shall be held each year at the time herein prescribed, as follows:

In Ramsey County-the first Monday in October in each year. Sec. 2. Inconsistent acts repealed.-All acts and parts of acts inconsistent herewith are hereby repealed.

Sec. 3. Effective August 1, 1917.-This act shall take effect and be in force from and after August 1st, 1917. Approved January 26, 1917.

CHAPTER 6—H. F. No. 57.

An act to amend section 7793 of the General Statutes of the State of Minnesota for the year 1913, relating to service of notice of trial and filing note of issue in civil action.

Be it enacted by the Legislature of the State of Minnesota:

Section 1. Provision for trial of cases in counties wherein no term of court is held annually.-That Section 7793 of the General Statutes of Minnesota for the year 1913 be amended so as to read as follows: "Issues of facts may be brought to trial by either party, upon notice served eight or more days before the beginning of a general term. At least seven days before the term one of the parties shall file a note of issue, containing the title of the action and the names of the respective attorneys, and stating the time when the last pleading was served and whether the issue is triable by the court or a jury. The clerk shall thereupon enter the cause on the calendar according to the date of issue, and it shall remain thereon, from term to term, until tried or stricken off by the court. Provided, that in all districts now or hereafter consisting of one county only, wherein but one term of court is or hereafter shall be held annually, no notice of trial need be served, but the party desiring to place a cause upon the calendar thereof for trial, shall, after issue is joined therein, prepare a note of issue containing the title of the cause, a statement as to whether the issue is an issue of law or an issue of fact, and if an issue of fact, whether triable by court or jury, and the names and addresses of the respective counsel, and shall serve the same on opposing counsel, and file such note of issue, with proof of service, with the clerk

of court within ten days after such service; and, thereupon, the clerk shall set such cause for trial, in accordance with such rules as the judges of said court may make, but in no event earlier than thirty days after the filing of such note of issue, and shall notify all counsel in said cause by mail of the date of such setting. The judges of said court may, by order or rule of court, provide for the assigning and setting of cases for trial upon such calendar, and the order in which they shall be heard, and the re-setting thereof. All appeals from inferior tribunals, including probate court, justice court, county commissioners, and all boards from the decision of which an appeal lies to such court, shall in like manner be placed upon the calendar for trial. For all purposes, other than those specifically herein provided for, the first Monday in each month of the year, except in the months of July, August and September, shall be deemed the first day of a regular or general term of such district court, held in such county, and all persons committed for trial, or held to appear before such court, shall, unless otherwise provided, appear on such dates. Pròvided, that when the first Monday of any such month shall be a legal holiday the following day shall be deemed to be the first day of such general term of such district court."

Sec. 2. This act shall be in force and effect from and after August 1, 1917.

Approved January 26, 1917.

CHAPTER 7-H. F. No. 61.

An act authorizing the treasurer of the State of Minnesota to receive payments on sales of school and other state lands where the time limit for payment has expired or will expire on or before July 31, 1917, and the governor of the state of Minnesota to execute patents therefor.

Be it enacted by the Legislature of the State of Minnesota:

Section 1. Authorizing state treasurer to receive payment for lands in certain cases.—That the treasurer of the State of Minnesota is hereby authorized to receive payment, up to and including December 31, 1918, of the principal on all state land certificates where the time for payment of the said principal has expired or will expire on or before July 31, 1917, and the governor of the State of Minnesota is hereby authorized to execute patents covering those tracts on which all demands due the state have been paid in full as hereinbefore provided.

Sec. 2. Interest after July 31, 1917, to be 10 per cent per annum. That interest on the principal remaining unpaid on July 31, 1917, shall run thereafter at the rate of ten (10) per cent per annum until the said principal is paid in full.

Approved January 26, 1917.

CHAPTER 8-H. F. No. 395.

An act to authorize and empower the governing bodies of certain cities to enact ordinances to regulate, control, prohibit and abate the issuance or emission of dense smoke, declare the same to be a public nuisance and to provide penalties for the violation of such ordinances.

Be it enacted by the Legislature of the State of Minnesota:

Section 1. Governing bodies in certain cities given power to regulate and abate the issuance of dense smoke.-That the city council or other governing body of each city in this state which now has or hereafter may have 20,000 and not more than 50,000 inhabitants, is hereby authorized and empowered to enact and publish, and to provide penalties for the violation of, ordinances. to regulate, control, prohibit and abate the issuance or emission of dense smoke in such city.

For the purposes of this act the population of each city of this state shall be ascertained and determined according to the last census taken under and pursuant to the laws and authority of the State of Minnesota.

Sec. 2. Ordinances to define the meaning of dense smoke. -Such ordinances may define the meaning of dense smoke, and declare the issuance or emission thereof to be a public nuisance, and provide all effective steps for the abatement thereof.

Sec. 3. This act shall take effect and be in force from and after its passage.

Approved February 1, 1917.

CHAPTER 9-H. F. No. 53.

An act fixing the times of holding general terms of the District Court in the County of Kanabec, Nineteenth Judicial District of the State of Minnesota.

Be it enacted by the Legislature of the State of Minnesota :

Section 1. Terms of district court in Kanabec County.-The general terms of the District Court shall be held in the County of Kanabec in each year at the times herein prescribed as follows:

The general term on the third Tuesday in August.

Sec. 2. Grand and petit juries to be summoned only on order of the District Judge. In addition thereto general terms of Court shall be held in Kanabec County on the first Tuesday in January, on the fourth Tuesday in March and the third Wednesday in June, for the trial and determination of both criminal and civil cases, but no grand or petit jury shall be drawn or