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sonable, having regard to the ability of the husband and the character and situation of the parties, and all the other circumstances of the case, and may by its decree make the same a specific lien upon any specified parcel or parcels of the real estate of the husband, or authorize its enforcement by execution against his property, real and personal; but the aggregate award and allowance made to the wife from the estate of her husband, under the provisions of this section, shall not in any case exceed in present value the one-third part of the personal estate of the husband and three thousand dollars in addition, except in cases where the value of her dower in his lands, were he dead, would exceed three thousand dollars, and in such cases such award and allowance shall not exceed in present value the onethird part of the personal property of the husband and the fair value of such dower in the lands.

SEC. 2. Section twenty-four of said chapter fiftythree is hereby amended so as to read as follows:

Section 24. When the marriage shall be dissolved by the husband being sentenced to imprisonment, and when a divorce shall be ordered for the cause of adultery When wife entitled committed by the husband, the wife shall be entitled to

to dower.

In such case court

allowance to wife.

her dower of his lands in the same manner as if he were dead; but she shall not be entitled to dower in any other case of divorce: Provided however, That in case of divorce for either of the causes mentioned in this section, the wife may elect between the provisions of this section with reference to her husband's estate and the provisions of the next preceding section, but shall not be entitled to the benefit of both. Such election may be embodied in the complaint or it may be made at the time of moving for a final decree in the action, in which case it shall be made in writing and be filed with and become part of the record in the cause.

SEC. 3. Section twenty-five of said chapter fiftythree is hereby amended so as to read as follows:

Section 25. In the cases mentioned in the last preceding section, if the wife shall not elect to have the may make further benefits of the preceding twenty-third section, the court may by order allow the wife for her subsistence, as much of her said personal or real estate, or of the income thereof, as such court shall judge necessary.

SEC. 4. Section twelve of said chapter fifty-three is hereby amended so as to read as follows:

Complaint and no

on defendant.

Section 12. A summons and copy of the complaint must be served upon the defendant personally, and when it shall appear to the satisfaction of the court, by the affidavit of the person making such service with ice-how serve.l the certificate of the clerk of the court of the county to the identity of the officer taking the affidavit, it shall be deemed good and valid service, whether made in or out of this State, but when in the discretion of the court the summons and complaint cannot for any cause consistently be served on the defendant personally, then the court may order service of the summons by publication as in other actions, requiring in either case that the defendant shall answer the complaint within thirty days after service of the summons.

SEC. 5. All acts and parts of acts inconsistent with Repeal of inconthis act are hereby repealed.

SEC. 6. This act shall take effect and be in force

from and after its passage.

Approved March 3, 1865.

sistent acts.

CHAPTER XLVII.

An Act to amend an Act relating to divorces.

SECTION 1. Power of District Court in actions for divorce.

2. When wife not a resident may bring an action against husband.

3. Repeal of inconsistent acts.

4. When act to take effect.

Beit enacted by the Legislature of the State of Minnesota:

SECTION 1. That an act entitled "An act regula

March 2, 1865.

Power of District Court in actions for divorce.

When wife not a

an action against husband.

ting divorces," approved February seventh, eighteen hundred and sixty-three, be amended so as to read as follows:

Section 1. That the several district courts of the State of Minnesota be and they are hereby invested with the same powers and authority in actions for divorce from bed and board, as they now by law possess in actions for divorce from the bonds of matrimony, and that said courts, and the respective judges thereof, be and they are hereby authorized and empowered to make and grant such orders, decrees and judgments respecting property and the support and maintenance of and allowance to the wife and children, or either, in actions for a divorce from bed and board, as the said courts are now authorized and empowered to make and grant in actions for a divorce from the bonds of matrimony.

SEC. 2. That when the husband has resided in this State one year or more, having left his wife in another resident may bring State, it shall be competent for the wife, without regard to residence, to bring an action in any district court of this State, of any district where said husband has so resided, to show cause for and to obtain a legal separation, either from bed and board or from the bonds of matrimony, and such action shall be determined on its merits as provided by the laws of this State relating to divorces.

Repeal of inconsistent acts.

SEC. 3. All acts and parts of acts inconsistent with this act are hereby repealed.

SEC. 4. This act shall take effect and be in force from and after its passage.

Approved March 2, 1865.

CHAPTER XLVIII.

An Act for the protection of sheep, dogs and other domestic animals.

STION 1. Duty of owners of dogs-license fee.

2. Who to issue license-what to contain-disposition of money received.

3. Clerk to post list of all licensed dogs.

4. Owners of dogs may have them licensed at any time.

5. Penalty for keeping a dog contrary to the provisions of this chapter.

6. Penalty for wrongfully removing the collar, killing, naiming, enticing or carrying
away any licensed dog.

7. Fees for killing all dogs not licensed.

8. When a person may kill any dog.

9. Damages for killing sheep by dogs, how recovered.

10. Duty of Mayor, Aldermen and Supervisors.

11. Fines, penalties and judgments, how recovered.

2. Disposition of funds accumulated under provisions of this act.

13. Repeal of former acts.

14. When act to take effect.

Beit enacted by the Legislature of the State of Minnesota :

March 3, 1865.

dogs-license fee.

SECTION 1. Every owner or keeper of a dog shall annually on or before the thirtieth day of April of each year, cause it to be registered, numbered, described Duty of owners of and licensed for one year from the first day of the ensuing May, in the office of the clerk of the city or town wherein he resides, and in counties where there is no township organization, in the office of the county auditor, and shall cause it to wear around its neck a collar distinctly marked with its owner's name and registered number, and shall pay for such license one dollar for a male dog, and two dollars for a female dog, over the age of six months, and also the further sum of twenty-five cents as fees for said clerk.

SEC. 2. The clerk shall issue the license and record in a book provided by the city or town and kept for that purpose,

The name of the owner or keeper of said dog;
The name and description of said dog;

The registered number of said dog;

The time when such license will expire; and also
The date of the issue of said license, and the license

Who to issue license what to contain-disposi

tion of money received.

Clerk to post list of

shall in all essential respects agree with said record, and shall be signed by said clerk. Said clerk shall receive the money therefor and pay the same into the county treasury, on or before the tenth day of May of each year, retaining to his own use twenty-five cents as his fee for issuing said license. The clerk may also retain out of the moneys received for licenses, a sum not exceeding ten dollars to purchase a suitable book of records and blanks for the use of any city or town not supplied with the same. The county treasurer shall keep an accurate and separate account with each town or city in his county, of all sums received and expended under the provisions of this chapter, which account shall at all times be open to the inspection of any voter of the county.

SEC. 3. The town or city clerk shall within one week after the first day of May and August of each all dogs licensed. year, post in some conspicuous public place a list of all dogs licensed for the current year, and shall at the same time furnish a copy thereof to the chief of police of the city and the constables of the town.

any time.

SEC. 4. Any owner of any dog may at any time May be licensed at have it licensed until the first day of the ensuing May, upon paying the sum as provided in section one of this act, but such license shall not exempt him from the penalties of the following sections on complaint made prior to the issuing of the license. But no new license for the current year shall be necessary upon the removal of a licensed dog into another city or town.

ing dog contrary

SEC. 5. Whoever keeps a dog contrary to the proPenalty for keep- visions of this chapter, shall forfeit ten dollars, to be recovered by complaint, for the use of the person making the complaint.

to provisions of

this act.

SEC. 6. Whoever wrongfully removes the collar from or steals a dog licensed and collared as aforesaid, fully removing col- shall be punished by a fine not exceeding fifty dollars;

Penalty for wrong

lar or carrying

away a licensed dog.

and whoever wrongfully kills, maims, entices or carries away any such dog, shall be liable to its owner for double the value of said dog, and whoever distributes or exposes any poisonous substance, with the intent that the same be eaten by any such dog, shall be punished by a fine not exceeding fifty dollars, nor less than ten dollars.

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