Exempting

kota counties.

Provided further, That the provisions of this act shall Ramsey and Da- not apply to or in any manner affect the title to any land the title to which is now in litigation; Provided further, That this act shall not apply to the counties of Dakota or Ramsey.

Legalizing corporations.

Corporations carrying on

business and not having conformed to the requirements of law legalized

Conveyances of property effectual and valid.

Must file articles within ninety days to

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

Approved April 21, 1891.

CHAPTER 45.

[H. F. No. 395.]

AN ACT TO LEGALIZE CERTAIN CORPORATIONS.

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

SECTION 1. That in any case where there has been heretofore any attempted formation and organization or renewal of any corporation under any of the general laws of this state, and the persons so attempting to form or organize or renew any corporations have actually adopted and signed articles of association in which the business specified to be carried on by them as such corporation was such as might be lawfully carried on under said laws, and have, in fact, proceeded as such corporation under the corporate name assumed by them to transact and carry on such business, and in the pursuit thereof have in good faith received and transferred by conveyance to or from such body corporate in such corporate name any property, real or personal, such attempted formation and organization or renewal in each and every such case is hereby legalized and declared a valid and effectual formation and organization or renewal of such corporation under the name assumed, notwithstanding the omission of any other matter or thing by law prescribed to be done or observed in the formation, organization or renewal thereof.

And any and all conveyances of property, real or personal, in good faith and lawful form, made to or by any such body under the corporate name so assumed, are hereby legalized and declared as valid and effectual for the purpose intended thereby as if such body corporate had been originally in all things duly and legally incorporated.

Provided, That no such corporation nor any of the acts or doings thereof shall be or are hereby validated, unless such secure validity. SO-called corporation shall within ninety (90) days from the passage of this act file in the office of the secretary of state, and also in the office of the register of deeds in the county in which is the principal place of business of said corporation, its articles of incorporation, if the same have not been

heretofore so filed, and shall at the time of filing such articles in the office of the secretary of state, pay into the Subject to paystate treasury the fees provided for by Chapter two hundred ment of fees if and twenty-five (225) of the General Laws of one thousand quent to act of eight hundred and eighty-nine (1889), if the date of such 1889. attempted organization is subsequent to the passage of said

law.

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

Approved April 18, 1891.

CHAPTER 46.

[S. F. No. 308.]

AN ACT LEGALIZING OFFICIAL CERTIFICATES OF SALE AND
THE RECORD THEREOF HERETOFORE MADE UNDER
MORTGAGE POWERS, EXECUTIONS, JUDGMENTS, ORDERS
AND DECREES, AND PRESCRIBING THE FORCE AND
EFFECT OF SUCH CERTIFICATES AND RECORDS.

Be it enacted by the Legislature of the State of Minnesota:
SECTION 1. That in all cases where real property has
been duly sold under a power of sale in the usual form,
contained in a duly executed and recorded mortgage, or
under a duly rendered judgment, order or decree of a court
of competent jurisdiction, or upon a valid execution, and
an official certificate of such sale in due form of law has
been duly made, acknowledged and delivered by the proper
officer to the purchaser, and such certificate has been duly
filed for record and actually recorded, after expiration of
twenty (20) days from the date of such sale or certificate,
in the office of the register of deeds for the county within
which said real property was then situated, then and in
every such case such official certificate, as well as such
record thereof, is hereby legalized and made valid, and
shall be effectual to all intents and purposes as of and
from the date when such certificate was so filed for record,
except as against any person who has purchased said real
property or some part thereof from the former owner there-
of, in good faith and for a valuable consideration, more than
twenty (20) days after such official sale, and without notice
thereof, and before such certificate was so filed for record;
and every such certificate and such record thereof shall be
prima facie evidence that all requirements of law in that
behalf were duly complied with and of the validity of such
sale.

SEO. 2. That this act shall take effect and be in force from and after its passage.

Approved March 16, 1891.

organized subse

tions.

CHAPTER 47.

[H. F. No. 665.]

Savings associa- AN ACT TO LEGALIZE AND VALIDATE PROCEEDINGS HAD, TAKEN AND DONE BY SAVINGS ASSOCIATIONS UNDER THE PROVISIONS OF SECTION ELEVEN (11) OF CHAPTER TWENTY-THREE (23) OF THE GENERAL LAWS OF THE YEAR ONE THOUSAND EIGHT HUNDRED AND SIXTYSEVEN (1867), AND OF ALL ACTS AMENDATORY THEREOF AND SUPPLEMENTARY THERETO.

Acts of trustees

legalized, in at

tempted compliance with jaw.

Permanent fund of cemetery associations.

Providing for a board of trustees to care for a

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

SECTION 1. That all resolutions and all proceedings had, taken or done by any savings association formed and existing under and by virtue of the provisions of section eleven (11) of Chapter twenty-three (23) of the General Laws of the year one thousand eight hundred and sixtyseven (1867), and of all acts amendatory thereof and supplementary thereto, attempting and purporting to conform to the provisions of said statutes, are hereby validated and legalized and made of the same force and effect as though all such had been originally authorized by law. SEC. 2. This act shall take effect and be in force from and after its passage.

Approved April 15, 1891.

CHAPTER 48.

[S. F. No. 238.]

AN ACT TO PROVIDE FOR THE CARE AND INVESTMENT OF
THE PERMANENT FUNDS OF CEMETERY ASSOCIATIONS.

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

SECTION 1. Whenever the trustees of any cemetery association, not specifically provided for by Chapter one permanent fund. hundred and sixty-eight (168) of the General Laws of the state of Minnesota for the year one thousand eight hundred and eighty-seven (1887), at any regular or special meeting, by a resolution adopted by a two-thirds (3) vote of such board, determine to constitute a board of trustees of the permanent fund for such cemetery association, they shall file a copy of such resolution with the judge of probate of the county in which such cemetery association is situated, and thereupon it shall be the duty of such judge of probate to appoint three (3) persons, who shall be resident freeholders of the town, city or village where such ceme

To be appointed by the judge of probate.

Terms of office.

tery association has its place of business, and such persons shall also be members of such cemetery association. Said judge of probate, in making such appointment, shall designate one (1) for the term of two (2) years, one (1) for the term of four (4) years and one (1) for the term of six (6) years; and the persons so designated shall be known as the trustees of the permanent funds of such cemetery association, and, thereafter, it shall be the duty of such judge of probate, or his successor in office, to appoint a member of such board every two (2) years. Excepting those first appointed, such trustees shall hold their office for the term of six (6) years and until their successors are appointed and qualified. Such trustees, before entering upon the duty Must execute of their office, shall each execute a bond, running to such judge of probate or his successor in office, in such sum as he may determine, not less than two thousand (2,000) dollars, conditioned upon the faithful performance of their duty as such trustees and for the paying over in the manner herein provided any funds coming into their hands. Said bond shall be approved by the judge of probate and be recorded in the office of the register of deeds of the proper county, and, in case of a breach of its conditions, shall be enforced by an action in the name of the judge of probate for the use and benefit of such cemetery association.

The said board of trustees of the permanent funds of such cemetery association may take in their name as such trustees, by gift or bequest, any property, real or personal, and shall also receive ten (10) per cent upon the sale of the lots of such cemetery association, such percentage to be paid them yearly by the trustees of the association.

All

bonds.

To receive property in name of

such board.

Funds, manner of investing.

In the case of a gift or bequest of property, other than money, said board of trustees of the permanent fund may retain such property or convert the same into cash. funds coming into the hands of the trustees of the permanent funds for cemeteries may be invested in the same manner in which savings banks of the state of Minnesota are permitted to invest their funds, and not otherwise, and the principal of such funds shall in all cases remain intact and inviolate. Said board of the permanent fund shall, ten (10) days before the annual meeting of the trustees of the cemetery association in each year, render a statement of account of the property in their hands and under their control to sociation. the treasurer of the association, and shall at the same time pay over to the treasurer all accruing income and profits, interest and rents arising from such fund, or the property held by them as such trustees; and the receipt of the treasurer shall be sufficient voucher therefor.

SEC. 2. Such income so paid over shall be used in the discretion of the trustees of such association solely for the care, maintenance and improvement of such cemetery, its grounds and avenues; Provided, That if by any bequest the care of any part of such cemetery is provided for, the terms

Annual report to cemetery as

Income and profits of permadisposed of.

nent fund, how

Appointment of trustees to be filed with ceme

of bequest shall be complied with; and Provided further, During the year for which any income is paid over to the trustees of the association any part of such income remains unexpended and unappropriated, it shall be returned to the trustees of the permanent fund and become principal of such fund.

SEC. 3. A notice of the appointment of such trustees shall be filed with the secretary of the association, and a tery association. proper record thereof and all proceedings pertaining thereto shall be kept by the judge of probate in a book provided for that purpose, and the bond required of the trustees of the permanent fund shall be given for the full term for which the trustee is appointed and until his successor is appointed and qualified; Provided, That the trustees of the association may, when they deem it expedient, require the renewal of such bond.

Resignation, removal or disability of trus

tee.

Removal or resignation of entire board,

judge of district court takes prop

erty in trust.

Secretary of

board of trustecs.

In case of the death, resignation, disability or removal of any member or members of the board of trustees of the permanent fund, the judge of probate shall fill such vacancy by appointment to be for the balance of the term and until the successor of the person appointed is appointed and qualified. In case of the death, resignation, disability or removal of one or more of the trustees of the permanent fund, all the rights, title, power, authority, franchises or trusts whatever existing in such trustee at the time of such death, resignation, disability or removal shall at once, without any act of conveyance, vest in the survivors or survivor until the vacancy or vacancies so occasioned shall be filled, when the same shall in the same manner vest in the board as so reconstituted; and all newly appointed trustees shall at once upon qualification succeed to an equal share in all the rights, titles, powers, authority, franchises or trusts belonging to such board, and the same shall always be vested in the members of such board as actually constituted.

SEC. 4. In case of the death, removal, resignation or disability of all the members of the board of trustees of the permanent funds, all the rights, title, interest, authorities, powers, franchises or trusts shall without further act at once vest in the district court of the district in which such cemetery is situated, to be exercised and discharged by the judge of such court in trust for such cemetery association, until such board be reconstituted in the manner herein provided.

SEC. 5. The secretary of the cemetery association shall act as secretary of the board of trustees of the permanent funds and shall keep a full record of their proceedings, and none of the trustees shall receive any fees or compensation whatever. SEC. 6. This act shall take effect and be in force from and after its passage.

Approved April 21, 1891.