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Acting as a corpo

to be legal

stantially with all its requirements, omitting those which, from the nature of the case are inapplicable.

SEC. 31. Persons acting as a corporation under the proration presumed visions of this chapter, will be presumed to be legally incorporated, until the contrary is shown; and no such franchise shall be declared actually null or forfeited, except in a regular proceeding brought for that purpose.

Want of legal organization no defence against actions

Corporations

heretofore in force

Insurance notes

ty insured

SEC. 32. No body of men acting as a corporation under the provisions of this chapter, shall be permitted to set up the want of a legal organization as a defense to an action against them as a corporation, nor shall any person sued on a contract made with such a corporation, or sued for an injury to its property, or a wrong done to its interests, be permitted to set up a want of such legal organization in his defense.

SEC. 33. Corporations regularly organized under the general law heretofore in force, by adapting their articles of association to the provisions of this chapter, and by making the required publication of the change, as well as of their intention to act under the foregoing provisions, will be entitled to all the advantages and subjected to all the liabilities above provided for, but the change in their articles of association must be made in accordance with those articles, or by the unanimous consent of the stockholders.

SEC. 34. Mutual Insurance Companies, organized under the provisions of this chapter, may render their premium notes a lien upon the whole or any part of the real estate Hens upon proper- upon which the property insured is situate, whether such real estate is or is not exempt from other liabilities as a homestead; but such lien will not attach until the premium note stating the property on which it is a lien is filed for record and treated in the same manner as though it where a mortgage from the maker thereof to the company, except that it need not be acknowledged.

Incorporation of seminaries &c

Publication of articles not requi

site

SEC. 35. Nothing herein contained is intended to affect the interests of companies already organized, further than is above expressed.

CHAPTER II.

OF CORPORATIONS OTHER THAN THOSE OF PECUNIARY PROFIT.

SECTION 1. Corporations for the establishment of seminaries of learning, churches, lyceums, libraries, agricultural societies and for other lawful purposes unconnected with motives of pecuniary profit, may be formed in the manner directed in the preceding chapter, so far as applicable, and the provisions of that chapter are extended to them except as herein modified.

SEC. 2. Their articles of incorporation shall be recorded, but a newspaper publication is not requisite.

SEC. 3. No dividend or distribution of property among the stockholders shall be made until the dissolution of the corporation.

SEC. 4 Corporations of an academical character are in-Banking power vested with authority to confer the degrees usually conferred prohibited by such institutions.

SEC. 5. Nothing in this Act shall be construed as granting

banking powers.

GEORGE BRADLEY,

Speaker of the House of Representatives.

WILLIAM HOLCOMBE,

President of the Senate.

APPROVED-August twelfth, one thous and eight hundred

and fifty-eight.

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 LVI.

An Act for the preservation of the Muskets, Accoutrements and all other property belonging to the State, in and around the Capitol, not otherwise provided for by

law.

SECTION 1. Governor authorized to take charge of the muskets, accoutrements, &c.. belonging to State, have control of State Capitol.

2.

Governo, authorized to commute the muskets, &c, for other military pro
perty.

3. Authorizes the appointment of a person to attend to the preservation of
military property and the State Capitol.

4. This act takes effect on passage.

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

SECTION 1. The Governor is hereby authorised and em- Military property powered to take charge and have control of all the muskets, to be preserved accoutrements and other military property belonging to, or which may hereafter belong to the State, by purchase or otherwise, and also to have control and supervision of the State Capitol, and all the public property belonging to the State, not otherwise provided for by law.

person to take

care of capitol &c

SEC. 2. The Governor is hereby authorized to commute the muskets and accoutrements, or a part of them, for other military equipments, as in his discretion he shall deem proper, for the best interest of the State.

SEC. 3. In order to enable the Governor more effectually to execute the provisions of this Act, it is hereby made the Appointment of duty of the Governor to appoint some suitable person to attend to the preservation, cleaning and repairing the Capitol, muskets, accoutrements and all other property belonging to the State, in and around the Capitol. Such person to be appointed by the Governor, shall receive an annual salary of ($600) six hundred dollars, to be paid quarterly, out of any money remaining in the treasury not otherwise appropriated by law.

SEC. 4. 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 July twentieth, one thousand eight hundred and fifty-eight.

SECRETARY'S OFFICE, Minnesota, }

July

HENRY H. SIBLEY.

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

FRANCIS BAASEN, Secretary of State.

Assistant secretary of state

CHAPTER LVII.

An Act to authorize the appointment of an Assistant
Secretary of State and defining his duties.

SECTION 1. Authorizes appointment of Assistant Secretary of State.

2. Oath of office to be taken.

3. Term of office.

4. Salary per annum.

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

SECTION 1. The Secretary of State is hereby authorized to appoiut an Assistant Secretary of State, who during the absence or idability of the Secretary of State, shall execute all the duties pertaining to that office,

SEC. 2. The Assisstant Secretary of State before entering upon the discharge of his duties, shall take and subscribe the same oath of office as that prescribed for other State officers, which said oath, together with his appointment shall be filed in the office of the Secretary of State.

SEC. 3. The office of Assistant Secretary of State shall be established for the term of one year.

SEC. 4. The salary of the Assistant Secretary of State shall be six hundred dollars per annum, payable in the same manner as the salaries of other State officers.

GEORGE BRADLEY,

Speaker of the House of Representatives.
WILLIAM HOLCOMBE,

President of the Senate.

APPROVED-July fourteenth, one thousand eight hundred and

fifty-eight,

SECRETARY'S OFFICE, Minnesota,}

July 14, 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 of State.

Oath of office

Salary

CHAPTER LVIII.

An Act to authorize the sale of Grass upon School Lands.

SECTION 1. Grass upon School Lands to be sold, and proceeds to go into school fund. 2. Repeal of acts inconsistent or conflicting.

3. Act takes effect on passage.

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

SECTION 1. That the Chairman of the Board of Supervisors gale of grass up of each town shall be authorised to sell the grass growing school lands upon any unsold school lands in this town, and shall pay the proceeds thereof into the County Treasury for the benefit of the school fund, and shall immediately report the amount so paid to the State Treasurer.

SEC. 2. All acts or parts of acts conflicting with the provisions of this Act are hereby repealed.

SEC.3. This Act shall take effect from and after its

passage.

GEORGE BRADLEY,

Speaker of the House of Representatives.

THOMAS COWAN,

President pro tem, of the Senate.

APPROVED June twenty-third, one thousand eight hundred

and fifty-eight.

WILLIAM HOLCOMBE,

Governor, ad interim.

SECRETARY'S OFFICE, Minnesota,

June 23, 1858.

I hereby certify the foregoing to be a true copy of the

original on file in this office.

FRANCIS BAASEN, Secretary of State.

CHAPTER LIX.

An Act providing for the Election and prescribing the
Duties of Treasurer of State.

SECTION 1. State Treasurer to be elected every two years; salary.

2.

Office to be at capital of State.

3.

Bond of the present Treasurer, and oath of office.

4. Successors in office to give like bonds.

5. Additional security to be given, if required.

6. Duties of the Treasurer.

7. State orders to be received in payment of public dues; manner of redeeming.

8. State orders to bear interest after presentation if not paid; on public notice

of funds in the Treasury, interest to cease.

9. Quarterly returns of redeemed warrants to be made to the State Auditor.

10. Annual report to be made to the Legislature.

11. Books of Treasurer subject to inspection of Legislature.

12. Prohibits purchase of State orders, or receiving fee or reward for transacting

13.

business connected with his office.

Treasurer failing to give bond, the Governor to appoint another.

14. Office hours for transaction of business.

15. Failure to call delinquent officers to account, Treasurer to be deemed accountable for losses.

16. Defalcation of Treasurer, liable to a criminal action and imprisonment,

17. Indebtedness to the State from insolvency of Treasurer or other parties, to

18.

19.

be paid first of all other debts.

Seal of office to be procured.

Moneys to be received to be gold or silver, or bills of Minnesota banks.

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

SECTION 1. That the qualified voters of the State shall elect Treasurer-cloc a Treasurer of State every two years, who shall continue in tion every 2 years office until his successor is duly elected and qualified; and he shall receive an annual salary of one thousand dollars per annum payable quarterly.

SEC. 2. The Treasurer of State shall keep his office at the capital of the State; shall have charge of, and safely Office to be at cap- keep all public moneys which shall be paid into the treapay out the same as directed by law, and per

ital of state

sury, and

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