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grant licenses

counties in this State, may grant licenses for the sale in
any quantity of spirituous, vinous or fermented and malt Authority to
liquors within their proper counties, to any person of the
age of twenty-one or more years, upon his complying with
the conditions of Section two of this Act.

Licenses for in

toxicating li

SEC. 2. That any person or persons applying for license to sell intoxicating liquors, shall, before the same is issued, pay to the County Treasurer of the proper county, a sum not quers greater than one hundred dollars, nor less than fifty dollars, at the discretion of the Board of Supervisors, and shall file with the Clerk of said Board, a bond with two or more sureties to be approved by the Board, in the penal sum of one thousand dollars. That any person or persons applying for license to sell malt liquors only, shall, before the same is Formalt liquors issued, pay to the County Treasurer of the proper county, a sum not greater than fifty dollars nor less than twenty dollars, at the discretion of the Board of Supervisors, and shall

file with the Clerk of said Board a bond with two or more Bond to be given sureties, to be approved by the Board, in the penal sum of five hundred dollars, conditioned in all cases, that the said person or persons so licensed, will not sell or otherwise dispose of spirituous and intoxicating liquors, or malt liquors, (as the case may be,) at any place other than the building or town for which said person or persons may have been licensed, nor on the Sabbath, and that he or they will keep a quiet and orderly house, and not permit gambling with cards or any other device for money or the representative of money, in the house or place of business of such person or persons. SEC. 3. All licenses granted in pursuan ce of Section two of this Act, for the sale of, or traffic in sp irituous, vinous or Expiration of fermented liquors, or malt liquors, shall e spire on the 1st day of January in each year, and on and after that day they may be granted for the whole or remainder of the year, whenever the officer authorized to grant the sar shall deem it expedient; Provided, That no license gra) ated subsequent to the day designated in this section, shall be deemed to extend retrospectively beyond the day upon which said license shall have been issued.

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ne,

license

SEC. 4. If the person or persons to whom such license may be granted, shall violate a ny of the conditions of the bond provided for in Section two of this Act, suit may be Violation of bond brought on said bond in any Court having competent jurisdiction, by any person in the county in which such license was granted, and recovery had for any sum not exceeding the whole amount of said bo ad, for each and every violation of any of the conditions of

said bond.

license

SEC. 5. Any Board of Co inty Supervisors may revoke any license granted under the provisions of this Act at any time Revocation of they may deem proper, and every license granted by any Board of Supervisors shall be deemed to have expired, and shall cease to be in forc from and after any violation of any

License-penaity

of the conditions of the bond required by this Act, shall have been proved before any Court having competent jurisdiction, and thereafter the person or persons who may have se violated the conditions of the said bond, shall be liable to all the penalties provided for persons selling liquors without license, by the Sixth Section of this Act, and shall be further liable for all damages done by persons intoxicated by liquors obtained from them.

SEC. 6. If any person or persons shall sell or barter any Selling without spirituous, vinous or fermented or malt liquors, in less quantity or quantities than five gallons, without having first obtained license therefor, agreeably to the provisions of this Act, or if any person or persons shall dispose of any spirituous, vinous or fermented, or malt liquors, under any pretext or in any manner from which an intention to evade the provisions of this Act, may appear, he or they shall, upon conviction thereof by indictment in any Court having jurisdiction of the same, be fined for every such offense in any sum not exceeding one hundred dollars nor less than twenty-five dollars, for the use of Common Schools in the county where the offense shall have been committed, and upon failure to pay the fine so assessed, the Court shall direct the Sheriff or any Constable, to destroy all spirituous, vinous or ferm nted, or malt liquors of any kind, that may be kept for sale or dealt in by any such person or persons contrary to the requirements of this Act.

their duty

SEC. 7. It shall be and is hereby made a duty of the Peace officers District Attorney, Sheriffs, Constables and Justices of the Peace having knowledge of any violation of the provisions of this Act, to make complaint thereof to the Grand Jury at the next Session of the District Court of the county in which the offense may have been committed after said violation, or to a Justice of the Peace, which Justice shall have full power to proceed to judgment thereon. It shall also be a duty of the District Attorney to prosecute the bond given by such applicant as is required by the Second Section of this Act, for any violation of its conditions, and the moneys collected on judgments on such bonds, shall, except the taxable costs, be, in all cases, paid to the treasurer of the proper county, for the use of the Common Schools therein.

daty

SEC. 8. If any Judge, Sheriff, Justice of the Peace, Constable or other officer shall wilfully neglect or refuse to Penalty for non- perform any duty required of him by this Act, he shall be performance of deemed guilty of a malfeasance in office, and shall thereafter be disqualified for holding the same or performing the duties pertaining thereto, for and during the remainder of the term of time for which he was elected, and shall be liable on his bond in any amount not exceeding five hundred dollars, nor less than one hundred dollars, recoverable in any Court having jurisdiction in the case; Provided, That nothing herein contained shall be construed as releasing or disqualifying said

officer from making the proper transfer to his successor in office, of all books, papers, and matters pertaining to his said office, as is required by law.

ble if bond is in

sufficient

SEC. 9. When any suit is brought upon any bond aforesaid, and judgment rendered against the principal and sure-Supervisors liaties upon said bond, and property cannot be found with said, principal and sureties, to satisfy said judgment, the Board of Supervisors who approved said bond shall be held individually liable for said judgment, unless the sureties on said bond shall have testified before some Judge of the District Court, or Justice of the Peace, that at the time of joining in said bond by them, they were worth double the amount mentioned therein, above all debts and liabilities incurred by them, and any and every exemption by law of property from execution.

SEC. 10. It shall be and is hereby made a duty of the List of licensed Clerk of the Board of Supervisors of each county to deliver persons to be giv to the Grand Jury, on the first day of the term of such Dis-ento grand jury trict Court, an accurate list of all persons holding licences under the provision of this Act within his county, which list shall show the date of, and the amount paid for each of said licenses respectively.

SEC. 11. The Grand Jury at each and every term of the Grand jury to reDistrict Court in any county in this State, shall make strict turn bills of ininquiry and return bills of indictment ag anst all or every person violating any of the provisions of this Act.

dictment

justices of the

SEC. 12. Justices of the Peace shall have concurrent jurisdiction with the District Court in all actions arising under Jurisdiction of any of the provisions of this Act, or on the bond provided peace for in this Act, when the amount sued for does not exceed one hundred dollars.

SEC. 13. Any person or persons who may be sued for a violation of any of the provisions of this Act, or on any bond Jury trial and aprequired by this Act inay at his or their request, have the peal case submitted to a jury as in other cases, and may appeal from the decision of any Court as provided by law, but no appeal shall be so construed as to effect the expiration of the term of any license as provided in Section five of this Act.

townships

SEC. 14. That the provisions of this Act shall extend and apply to all the counties in the State, but nothing in this Act Vote of the people shall be so construed as to prevent the people of any muni-on licenses in cipal township from deciding for themselves, whether licences shall be granted to any person or persons in said township; and the Board of County Supervisors are hereby required, on the petition of ten or more legal voters of said township, at any time not less than thirty days before any regular election, to give notice that the question of license will be submitted to the passage at said election, which question shall be determined by ballots containing the words, "In favor of license," or "Against license," (as the case may be,)

acts

which vote shall be canvassed and returns made as is by law now prescribed for the canvassing of election returns, and if such returns show that a majority of the votes cast at such election shall be against license, then the Board of County Supervisors shall issue no license in said township.

SEC. 15. All acts and parts of acts relative to the sale of, or traffic, in spirituous or intoxicating liquors, except such as relate to the traffic in ardent spirits with the Indians, are Repeal of former hereby repealed; Provided, That all suits or prosecutions now pending, commenced under any law which by this Act is repealed, shall be prosecuted, to final judgment and execu tion as though this Act had not passed; And provided further, That all licenses granted in pursuance of any law, which by this Act is repealed, shall continue in full force and effect for the full period for which they were granted.

SEC. 16. This Act shall be in force from and after the first day of September, A. D. one thousand eight hundred and fifty-eight.

GEORGE BRADLEY,

Speaker of the House of Representatives.

WILLIAM HOLCOMBE,

President of the Senate.

APPROVED-August twelve, one thousand eight hundred and

fifty-eight.

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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.

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An Act to provide for Township Organization.

ARTICLE 1. Division of the organized counties into towns-Names of towns.
2. Of the rights, powers and liabilitios of towns as bodies corporate.

3. Of town-meetings-Powers of Electors-Town Officets.

4. Of the method of conducting town-meetings.

5. Of the manner of holding elections.

6. Of the qualifications of Town Officers.

7. Of neglect or failure to elect Town Officers and vacancies.

8. Of the duties of the Chairman of the Board of Supervisors.

9. Of the duties of the Town Clerk.

10. Of the duties of the Board of Auditors.

11. Of the compensation of Town Officers.

12. Of suits or actions against towns.

13. Of pounds-what are town charges-delivery of books and records to sac

cessors in office.

14. Powers of counties.

ARTICLE 15. Of the meetings of Chairmen of Boards of Supervisors-of the county Clerkof the assessment of tax for the erection of school buildings.

16. Of the election of County Treasurer-specified duties.

17.

Of the assessment of real and personal property.

18. Of the form of assessment rolls-duty of State Auditor-duties of Assessors.
19. Of the equalization of assessments, and the correction of the assessment rolls.
20. Of the manner of collecting taxes duties of Collectors.

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22. Of liability to work on highways-notice to be given by Overseers-duties of
Overseers.

23. Of alterations or discontinuances of roads-assessment of damages.
24.

Miscellaneous Provisions.

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

ARTICLE I.

Governor to ap

SECTION 1. The Governor is hereby authorized and requir ed to appoint three persons to act as Commissioners, in each of the organized counties in this State, who shall be residents thereof, to divide such counties into towns under the provis-point commis ions of this Act: Provided, That where the County Commissioners to divide sioners of any county have divided their county into towns, counties by making a record, and filed the same in the office of Register of Deeds, of the bounds and name of each town (according to an Act approved March 20th and June 21st, 1858,) the Governor shall not make such appointment.

Boundaries to be

cers when to qual

SEC. 2. In all cases in counties where the County Commissioners have failed to divide their counties into towns, it shall be the duty of the Commissioners appointed by the Governor, designated-offito make a record of the bounds and name of each town, in townships where the legal voters have organized by the elec-ify tion of township officers, on the 11th day of May and 5th day of July, 1858: Provided, That said township officers, so elected, shall qualify according to the provisions of this Act, within ten days after the making of a record as herein required; and the election in all such towns is hereby declared to be legal and binding.

attached or di

SEC. 3. The Commissioners so appointed in each county, shall, within twenty days after notice of their appointment, proceed to divide such county into towns by making as many Fractional towntowns as there are townships, according to government sur-ships or whole vey. Fractions of townships or whole townships, or either townships how of them, may be attached to an adjoining town, or may be vided divided between two or more towns, or organize separately, according to the wishes of a majority of the legal voters to be affected thereby; and when rivers or creeks so divide a township as to be inconvenient for doing town business, the fraction so formed may be disposed of as other fractions; and any township having two or more villages or cities, may be divided for township purposes, whenever a majority of the legal voters of any village or city shall petition the County Supervisors for such division, and whenever the County Supervisors are so petitioned, they shall proceed to divide such township in such manner as will best suit the convenience of

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