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Failure to pay for use of livery a misdemeanor.

Reckless or

wanton injury

cle without paying for such possession or use, with intent to defraud such keeper, manager or proprietor, or who obtains from such person the possession or use of any of such property by color or aid of any fraudulent or false representations or pretense, or of any false token or writing, or who obtains credit for such use by color or aid of any false or fraudulent representations or pretense or of any false token or writing, or who, having hired any such property from any such keeper, manager or proprietor, shall by gross negligence or recklessly, willfully or wantonly injure or destroy the same or any thereof, or cause, suffer, allow or of property a permit the same to be done, or who, having hired any horse or other draught animal from any such keeper, manager or proprietor upon the understanding or agreement that the same shall be ridden or driven a specified distance or to a specified place, shall willfully and fraudulently ride or drive the same a longer distance or to a different place, or cause, permit or allow the same to be done, and shall willfully and fraudulently represent that the same has not been ridden or driven a longer distance or to a different place than the distance or to the place specified as aforesaid, is guilty of a misdemeanor.

SEC. 2. The provisions of this act shall not apply to any case of taking or obtaining the use or possession of the property of another with intent to steal such property, nor where the facts would constitute the crime of larceny. SEC. 3. This act shall take effect and be in force from and after its passage.

Approved April 11, 1891.

CHAPTER 30.

[H. F. No. 1020.]

misdemeanor.

Not to affect cases where the stitute a lar

facts would con

ceny.

AN ACT TO REGULATE THE PRACTICE OF MIDWIFERY IN Practice of midTHE STATE OF MINNESOTA.

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

SECTION 1. That every person practicing midwifery in any of its branches shall possess the qualifications required by this act. Every person hereafter beginning the practice of midwifery in this state, if a graduate in midwifery, shall present his or her diploma to the state medical examining board for verification of its genuineness. If the diploma is found to be genuine, and the person named therein be the person claiming and presenting the same, the board, on payment of the fee of one dollar ($1.00), shall issue a license to that effect signed by the president and secretary of said board, and bearing the seal of said board,

wifery.

Graduated pracpresent diplomas to state

titioners must

medical board.

Other persons

amination be

fore state board.

and such license shall be conclusive as to the right of the person named therein to practice midwifery in this state for the period of one year; if not a graduate, such person must pass an ex- shall appear before the board and submit to such examination in midwifery as the board shall require; and if the said examination be satisfactory to the examiners, the said board shall issue its license in accordance therewith, on payment of a fee of two dollars ($2.00), and the person named therein shall be entitled to all the privileges and rights hereinafter mentioned for the period of one year.

Persons here

must register their names

with the secretary of the board.

SEC. 2. All persons heretofore practicing midwifery in tofore practicing any of its branches in the state of Minnesota shall register their names with the secretary of the state medical examining board, with an affidavit duly executed before a notary public, or with a written certificate from some legally authorized practitioner of medicine, setting forth the time and places in which such person has been engaged in the practice of midwifery in the state of Minnesota, and upon the filing of such certificate and the payment of a fee of one dollar ($1.00) to the secretary of said board, the board shall issue to such person a license, signed by the president and secretary of said board, and bearing the seal of said board, which license shall entitle the person named therein to all rights and privileges hereinafter mentioned for the period of one year.

Yearly license fee to be paid.

Quarterly meetings of state board for holding examinations.

May refuse license for cause.

Who are to be regarded as

wifery.

SEC. 3. Every person so licensed shall each year subsequently register his or her name with the secretary of said board, and shall pay to the secretary of said board a fee of one dollar ($1.00), and the secretary shall issue a license to such person in accordance therewith.

SEC. 4. The state board of medical examiners are hereby authorized and empowered to execute the provisions of this act, and shall hold examinations of candidates for licenses in midwifery, at the capitol, on the first Tuesday of January, April, July and October, and at such other times and places as may be deemed expedient.

SEC. 5. The state board of medical examiners may refuse licenses to persons guilty of unprofessional or dishonorable conduct, and may revoke licenses for like causes, or for neglect to make proper returns to the various health officers of births, deaths, and of cases of puerperal fever and other contagious disease occurring in their practice.

SEC. 6. Any person shall be regarded as practicing midwifery within the meaning of this act, who shall pubpracticing mid- licly profess to be a midwife, or who shall for a fee attend to women in childbirth; but nothing in this act shall be construed to prohibit students of medicine or midwifery practicing under the direct supervision of a preceptor, or to prohibit gratuitous services in cases of emergency. This act shall not apply to physicians and surgeons duly authorized by the state board of medical examiners, or to commissioned surgeons of the United States army or navy.

SEC. 7. Any person practicing midwifery in this state Penalty for nonwithout first complying with the provisions of this act compliance. shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), or by imprisonment in the county jail for a period of not less than ten (10) nor more than thirty (30) days.

SEC. 8. All acts or parts of acts herewith are hereby repealed. This act shall take effect from and after its passage.

Approved April 20, 1891.

CHAPTER 31.

[H. F. No. 491.]

AN ACT TO CREATE A FUNDING COMMISSION TO REDEEM
AND REFUND THE MINNESOTA STATE RAILROAD AD-
JUSTMENT BONDS, AND TO AUTHORIZE THE TRANSFER
OF INTERNAL IMPROVEMENT LAND CONTRACTS AND
THE ISSUE OF NEW BONDS, AND AUTHORIZING A TAX
FOR THE PURPOSE OF REDEEMING SUCH NEW BONDS.

WHEREAS, Chapter one hundred and two (102) of the General Laws of the state of Minnesota for the year one thousand eight hundred and eighty one (1881), as amended by Chapter one (1) of the General Laws of said state for the year one thousand eight hundred and eighty-one (1881), extra session, provided for the adjustment of certain alleged claims against the state of Minnesota, and for the issue of the bonds of said state in payment of such alleged claims, said bonds to be known and styled "Minnesota state railroad adjustment bonds," to bear interest at the rate of four and one.) half (4) per cent per annum, and to mature in thirty (30) years from July first (1st), one thousand eight hundred and eighty-one (1881), subject to the right of the state to redeem them after ten (10) years from said July first (1st), one thousand eight hundred and eighty-one (1881); and

Funding state railroad adjustment bonds.

WHEREAS, The state will have a right to redeem said Citing right to bonds on the first (1st) day of July, one thousand eight redeem in 1891. hundred and ninety-one (1891); and

WHEREAS, Chapter one hundred and four (104) of the General Laws of the state of Minnesota for the year one thousand eight hundred and eighty-one (1881), as amended by Chapter two (2) of the General Laws of said state for the year one thousand eight hundred and eighty-one (1881), extra session, provided for the creation of a sinking fund from the sale of internal improvement land, and for the cited.

Provision for sinking fund

Funding commission.

Exchange of all

internal im

provement land

contracts for bonds held by permanent school fund.

Bonds so exchanged to be canceled.

Provision to transfer land

contracts to the university fund

in exchange for bonds.

application of the principal and interest derived from said sales in the payment and liquidation of the said Minnesota state railroad adjustment bonds; therefore

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

SECTION 1. The governor, auditor and treasurer of the state of Minnesota are hereby constituted a funding commission for the purposes hereinafter specifically set forth. SEC. 2. The said commission shall, immediately after the first (1st) day of July, A. D. one thousand eight hundred and ninety-one (1891), cause a transfer to be made on the records of the state land commissioner of all internal improvement land contracts to the permanent school fund of the state, amounting in the aggregate to about one million eight hundred thousand (1,800,000) dollars, such transfers to be made by stamping opposite each tract or lot so transferred the following words: "Permanent school fund." Such transfer shall have the effect to permanently set apart such lot or tract, and all moneys, principal or interest, that shall be paid in on account of said tract or lot to the school fund of the state, as completely and irrevocably as are the school lands of the state; and thereafter there shall apply to the lands so transferred the same constitutional and legislative restrictions and obligations as now apply to the school lands of the state.

SEC. 3. The said funding commission shall also at the same time transfer and set over to the permanent school fund all bonds now held in the internal improvement land fund by stamping on said bonds the following words: "Minnesota school fund bonds."

SEC. 4. The transfer of the land contracts and bonds as above provided shall have the effect and operate as a cancellation of a like amount in value of the Minnesota state railroad adjustment bonds now held by the permanent school fund. And it shall be the further duty of the said funding commission to destroy, by burning, the bonds so canceled, first making a record of each bond so destroyed, which record shall note the date of such destruction, together with the denomination and number of each bond, which record shall be duly attested and officially signed by each member of said funding commission.

SEC. 5. The funding commission shall also, at any time after January first (1st), one thousand eight hundred and ninety-two (1892), and from time to time thereafter, whenever there shall be internal improvement land contracts to the amount of twenty-five thousand dollars ($25,000) on record in the office of the commissioner of the state land office, transfer said contract to the university fund by stamping opposite each tract or lot so transferred the following words: "Permanent university fund," which transfer shall have the effect of permanently transferring said tracts or lots to the permanent university fund, together with all subsequent payments of principal or interest

which shall become due and be paid on account of such tracts or lots. It shall be the duty of the said funding commission to cancel and destroy, by burning, as provided by section four (4) of this act, of an equivalent amount in value of the Minnesota state railroad adjustment bonds, now held and carried by the permanent university fund. SEC. 6. After making the transfers above provided for there will still remain outstanding of the Minnesota state railroad adjustment bonds an amount aggregating nearly one million six hundred thousand dollars ($1,600,000). Authority, therefore, is hereby given to the funding commission, if in their judgment the interests of the state will be subserved thereby, to call in all outstanding Minnesota state railroad adjustment bonds, except the bonds now held by the permanent university fund, by giving the notice stipulated and required by said adjustment bonds, and issuing in lieu thereof an equivalent amount of new bonds, to be known and styled "Minnesota state funding bonds," which shall mature and be payable on July first (1st), A. D. one thousand nine hundred and twenty-one (1921). The principal and interest shall be payable in the city of New York, the interest to be payable semi-annually. The state, however, expressly reserves the right to call in bonds to an amount not exceeding one hundred and fifty thousand dollars ($150,000) in any one (1) year after five (5) years from the date of issue of said bonds; the bonds so called in to be designated by lot, and not in the numerical order of issue.

SEC. 7. The bonds so issued shall be signed by the gov. ernor and secretary of state and countersigned by the state auditor.

SEC. 8. It shall be the duty of the state auditor to levy a tax of one-tenth (1-10) of a mill on all the taxable property of the state, commencing in the year one thousand eight hundred and ninety two (1892), and annually thereafter until all of the bonds so issued shall have been redeemed. Such tax shall be designated as the "funding tax," which shall be used and applied for no purpose whatever except for the payment of the principal and interest of said funding bonds.

SEC. 9. In making the transfers of the internal improvement land contracts provided for by this act, the funding commission may draw from either the permanent school fund or from the permanent university fund cash sufficient to make fractional adjustments.

SEC. 10. The funding commission shall provide the form of bond to be issued, and there is hereby appropriated from the revenue fund of the state the sum of five hundred dollars ($500), or so much thereof as may be necessary for the purpose of carrying into effect the provisions of this act. SEC. 11. This act shall take effect and be in force from and after its passage. Approved April 20, 1891.

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