CHAPTER XLVII.

An Act making Appropriations for the support of the Government.

SECTION 1. Appropriations for salaries of State officers, and other expenses of Govern

SECTION 2. Specifications as to manner of drawing warrants for appropriations set forth.

3. Act takes effect on passage.

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

SECTION 1. That for salaries for State officers for the year eighteen hundred and fifty-nine, and for salaries for the year eighteen hundred and fifty eight, not otherwise provided for, and for expenditures generally in support of the Government of this State up to the end of the next fiscal year, to wit: Up to the first day of January, A. D 1860, and for the payment of expenses already incurred and not otherwise provided for, the following sums of money, or so much thereof as may be necessary, shall be, and the sine are hereby appropriated, that is to say,

First. For the salary of the Governor, two thousand five hundred dollars.

Second. For compensation of the Lieutenant Governor, for laries of state 1858 and 1859, one thousand six hundred dollars.

ficers

Third. For a salary of the Secretary of State, one thousand five hundred dollars.

Fourth. For the salary of the State Auditor, one thousand dollars.

Fifth. For the salary of the State Treasurer, one thousand dollars.

Sixth. For the salary of the Attorney General, one thousand dollars.

Seventh. For the salary of the State Librarian, six hundred dollars.

Eighth. For the salaries of the Judges of the Supreme Court, six thousand dollars.

Ninth. For the salary of the Clerk of the Supreme Court, one thousand dollars.

Tenth. For the salaries of the Judges of the District Court, twelve thousand dollars.

Eleventh. For the salaries of the Prosecuting Attorneys, six thousand dollars.

Twelfth. For an Executive Contingent Fund for State purposes, including clerk hire, care of and fuel for capitol buildings, hire of Engineers and Surveyors, and all other necessary expenditures and expenses of the Executive Department, not otherwise provided for by law, ten thousand dollars.

Thirteenth. For the salary of the Assistant Secretary of State and the contingent expenses of that office, sixteen hundred dollars.

Fourteenth. For contingent fund to the office of State AuContingent funds ditor, for salary of Assistant Auditor, clerk hire, and other for state officers incidental necessary expenses, two thousand five hundred

dollars.

Fifteenth. For clerk hire and all contingent expenses in the office of the State Treasurer, one thousand dollars.

Sixteenth. For per diem and mileage of County Treasurers in coming to and returning from the seat of government, to pay in full the State taxes of their respective counties, two thousand five hundred dollars.

Seventeenth. For contingent fund to the office of Attorney General to pay for fees, mileage and attendance upon Court, which may be ordered and authorized by law, two thousand dollars.

Eighteenth. For contingent fund to pay expenses apper. taining to the Supreme Court, five hundred dollars.

Nineteenth. For the salary of the Warden of the Peniten Salaries of state tiary, six hundred dollars; for the pay of Deputy Warden, Clerk and Inspectors of Prison, eight hundred dollars; for repairs of Penitentiary, two thousand dollars.

prison officers

To late territorial

Twentieth. For the payment of any sums due late Territorial or State officers for salaries or contingent or neces-officers sary expenditures or expenses of such office or officer chargeable to the State, three thousand dollars; Provided, That no officer who was entitled to receive a compensation for his services from the United States, nor any officers of the United States shall receive any benefit under this Act. Twenty-first. For the services of W. F. Wheeler in prepar- For index ing and furnishing to the State an analytical index to the Constitution, fifty dollars.

For interost on

Twenty-second. For the payment of interest falling due in July, 1859, on outstanding State Bonds, ten thousand five bonds hundred dollars.

Twenty-third. For the incidental printing and binding ordered by the present Legislature, seven thousand five hundred dollars.

Twenty-fourth. For the printing and binding authorized, required or ordered by the present Legislature, other than: the incidental printing provided for in the preceding specifi cation, and for such printing, binding and advertising as are authorized to be done under the contract law, approved March 10, 1855, or otherwise authorized or to be authorized by law, and done prior to January first, 1860, fifteen thousand dollars.

Twenty-fifth. For the publication of the laws of the present postponed meeting of the Legislature, to wit: From the second day of June 1858, one thousand six hundred dollars. Twenty-sixth. For newspapers furnished by order of this Legislature, two thousand five hundred dollars.

Printing and

binding

Twenty-seventh. For the pay of the three Commissioners appointed by this Legislature, to frame a Code of practice for code commission the State, to each, four hundred dollars-one thousand two ers hundred dollars; and for stationery furnished the said Commissioners, to be certified correct by a majority of the Commissioners, one hundred and fifty dollars. There is further appropriated the sum of five hundred dollars to purchase iron safes for the first and second lumber districts.

Twenty-eighth. For all other incidental expenses incurred. by this Legislature not otherwise provided for by law, five thousand dollars. The sum of six thousand dollars for pay-Legislative exment of members in full for stationery, as per resolution of penses the House of Representatives, August ninth, 1858. For the payment of members and officers of the Senate in full for postage stamps, as per resolution of the Senate, adopted August eleventh, 1858, three thousand five hundred dollars. Twenty-ninth. For the payment of principal and interest of Territorial Bonds, falling due May, 1859, four thousand Principal and in

two hundred dollars.

Thirtieth. To Merrit & Hutchins for newspapers furnished members of the Legislature for the winter of 1856, per order of the Legislature, fifty-nine dollars. To Charles H.

terest of territo rial bonds

Old accounts

Warrants-how to be issued

Hamilton for stationery supplied the Territorial Legislature in 1856, fifty dollars. For safe, books and clerk hire for Bank Auditor's office, fifteen hundred dollars.

SEC. 2. No moneys appropriated in the preceding section. shall be paid except on presentation of the warrant of the Auditor; and the Auditor shall issue no warrant for the payment of any bill, claim or demand upon the following specified funds or classes of this appropriation, until such bills, claims or demands shall be approved and certified as being correct by the department or authorities herein named, that is to say,

In specifications 2, 12, 20 and 17, by the Governor.
In specification 13, by the Secretary of State.

In specifications 15 and 16, by the State Treasurer.

In specification 18, by one of the Judges of the Supreme Court.

In specifications 23, 26 and 28, by the presiding officer and chief clerk of such branch of the Legislature to which the claim or demand relates. All other classes or specified appropriations in this Act, or any appropriation or act, unless otherwise specially provided for, shall be paid upon the warrant of the Auditor only, and it shall be the duty of the Auditor to examine and audit all bills, claims or orders whatsoever, whether the amount be certified by any other officer or department or not, before he shall issue any warrant on the Treasurer for the payment of such bill, claim or demand.

SEC. 3. This Act shall take effect and be in force from and after its passage.

GEORGE BRADLEY,

Speaker of the House of Representatives.
WILLIAM HOLCOMBE,

President of the Senate.

APPROVED-August twelfth, one thousand eight hundred

and fifty-eight.

HENRY H. SIBLEY.

I have signed the above bill, protesting against the items of $6,000 and $3,500, contained in specification number twentyeight.

SECRETARY'S OFFICE, Minnesota,}

August 12, 1858.

HENRY H. SIBLEY.

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

FRANCIS BAASEN Secretary.

CHAPTER XLVIII.

An Act conferring the Powers of a Court Commissioner upon Judges of Probate, and prescribing their duties and fees.

SECTION 1. Judges of Probate empowered to act as Court Commissioners-Fees for the

2.

3.

duties performed.

Record Books to be procured at the expense of the County.

Judge of Probate to keep his office at County Seat-County to provide suit-
able office.

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

Judges of probat

SECTION 1. The Judge of Probate in each organized county, to the capacity of whom the District Judge of the county, court shall have certified upon due examination of said District commissioners Judge, shall act as a Court Commissioner, and shall have their powers and may exercise the power of a Judge of the District Court at chambers, and administer oaths, take the acknowledgement of deeds, and other instruments in writing, allow writs of certiorari and injunction and of habeas corpus, may order and determine upon the amount and sufficiency of bail; he may take all such testimony and depositions of witnesses to be used in cases at law as may be provided for by rule or order of the District Court; he may state accounts between parties in cases referred to him by order of the District Court, and tax costs, and shall be entitled to receive compensation therefor, according to the provisions following in this section. For taking bail, one dollar; deciding upon an application for a writ of habeas corpus, or certiorari, one dollar, whether such writ be allowed or not; every attendance upon the hearing of any motion for any order, which such officer is authorized to grant, one dollar, and the like fee for attendance upon any motion for any official act to be done by such officer, where no fee is specially provided for such act. Every order for a commission to examine witnesses, fifty cents; attending, settling, certifying interroga tories, to be annexed to a commission, one dollar; every order for the examination of a witness conditionally or upon any proceedings to perpetuate his testimony, fifty cents; every day's attendance on the examination of such witness, five dollars; every necessary order in the progress of a cause, except orders to stay proceedings, fifty cents; taking a bond or recognizance, when the same is required or authorized by law, one dollar; for deciding on the sufficiency of sureties, and certifying such sufficiency in cases when it

Fees to be charg

ed