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Sec. 5. The town Supervisors already elected under the Road tas to be Act of March 20th, and June 21st, and the Supervisors in raised upon as.

sessment of 1958 towns to be organized under this Act, may copy the ment rolls in their towns for 1858 to base the assessment of road tax upon, instead of last year's assessments, for the present year, and are hereby authorized to meet and assess the same as soon as may be practicable, in their several towns. Sec. 6. That the several towns under this Act shall have

Powers to raise power to direct such sums of money to be raised in their mo respective towns for prosecuting or defending suits, or for the support and maintainance of roads and bridges, or for any purpose, as they may deem necessary, to be voted at any annual or called town meeting. Sec. 7. An Act entitled “An Act to provide for Township Rights

Rights already Organization," approved March 20, 1858, is hereby repealed, accrued not to be but no rights accrued or liabilities incurred under said Act, affected shall be affected thereby.

Sec. 8. Each city shall be allowed one member of the Senior council. Board of County Supervisors from each Ward contained in man to be supersuch city; and the senior Councilman in each Ward shall be visor such member, unless the city shall elect some other person for that purpose. Sec. 9. Every town which may contain more than eight Additional super

visors when town hundred inhabitants shall be allowed to send one additional viso

has over eight town Supervisor as a member of the Board of County Super-hundred inhabi visors for each additional eight hundred inhabitants, and for tants any additional [fraction of over four hundred.

Sec. 10. All laws now in force applicable to the Board of Laws respecting County Commissioners shall apply to the County Supervisor's county commis

sioners to apply to court as created under the provisions of this Act, and the sio

county supervi. office of County Commissioner is hereby declared to be dis- sor's court continued in all counties from and after the first meeting and organization of the Board of County Supervisors.

Sec. 11. The Board of Supervisors shall have power to Power of super. alter, establish or discontinue any county road or roads in your

county road an d in visors respecting their respective counties.

Sec. 12. All acts and parts of acts inconsistent with this Acts repealed Act are hereby repealed.

Sec. 13. This Act shall take effect and be in force from Act to take effect and after its passage.

Speaker of the House of Representatives.


President of the Senate. APPROVED - August thirteenth, one thousand eight hundred


August 13, 1858. I hereby certify the foregoing to be a true copy of the original on file in this office.

Francis Baasen, Secretary of State.

and fifty-eight.


An Act to authorize the establishment and regulation of


SECTION 1. Ferry Charters-Board of County Supervisors to grant.

2. Supervisors of counties on either side of a stream may grant ferty rights.
3. Tax per annum for licenses.
4. Licenses granted, to be sealed and attested.
5. Public notice of application for license.
6. Requirements of the persons obtaining license.
7. Rates of ferriage to be estalished by Board of Supervisors.
8. Prohibition against forries, unless license has been obtained-penalty for via

9. Failure to pay tax-filo receipt for license--suit to be brought therefor.
10. Annual taxes for ferries to be paid in advance
11. Bond to keep the ferry in proper condition to be filed.
12. Repeal of acts inconsistent.
13. Act takes effect within sixty days after passage.


Supervisors on either side of a

ferry rights

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

Section 1. The Board of County Supervisors of any county in this State, may grant a license to any person

applying therefor to keep a Ferry across any stream within Supervisors may PP grant ferry char: their respective counties, upon being satisfied that a ferry

is necessary at the point applied for, but no ferry shall be established within one-half mile of any ferry already established.

Sec. 2. In all cases when the stream over which a ferry is sought to be licensed, runs between two counties, the Board of County Supervisors of either county shall bave as

full jurisdiction in the premises as though the stream was stream may grant wholly within the county of which they are Supervisors,

and when the County Supervisors of either county shall have exercised jurisdiction under this Act, and shall have established any ferry thereunder, the County Supervisors of no other county shall have any power to exercise any jurisdiction over such ferry, while the same is in legal existence; Provided further, That where the Mississippi River, or any other river, lake or bay forms any portion of the boundary line of the State of Minnesota, the Board of Supervisors in their respective counties shall grant licenses and exercise all the power conferred upon them by the provisions of this Act, so far as the same does not conflict with the rights of other States.

Sec. 3. The Board of County Supervisors shall tax such Tax per annum sum as may appear reasonable, not less than five, nor more for license than fifty dollars per annum, and the person to whom such

license shall be granted, shall pay to the County Treasurer

License to be at


the tax for one year in advance, and file the receipt therefor with the Register of Deeds, and shall also pay to the said Register one dollar as fee for issuing said license.

Sec. 4. All license for ferries granted under the provisons of this Act, shall be sealed with the seal of the Board f County Supervisors, and signed by the Chairman of the tested with the board, attested by the Register of Deeds, and may be seal ranted for any period not exceeding six years.

Sec. 5. All persons intending to apply for a license, hall give notice of their intention to apply for a license for Public notice of

ferry, at a certain point, by posting up at least three no-application for Liices in public places, in the neighborhood where the ferry $ proposed to be kept, twenty days prior to such applicaion; Provided, That when application shall be made for a enewal of a license, where the former license has expired, ke same may be granted or renewed without previous noice or petition. Sec. 6. Every person obtaining a license to keep a ferry, hall provide and keep in complete repair the necessary bat or boats, for the safe conveyance of persons and prop-Requirements of rty, and shall keep a sufficient number of hands to give the persons ob

O taining license te attendance from daylight in the morning until dark in he evening; and shall moreover, at any hour in the night rday, when called upon for the purpose, convey the United tates Mail, or any person or persons, desiring to cross the ame with or without teams or vehicles across said Ferry; Toruded, That when the stream is impassable from the high age of water, or from the drift ice in the river, or when le river is frozen over, no damages shall be recovered for a Allure or refusal to convey any person or property across

tid stream.

Sec. 7. Whenever a Board of County Supervisors of any

unty supervisors o duy Rates of forrige punty shall grant a license to keep a ferry across any to be established ream, the said Board shall establish the rate of ferriage, by supervisors hich may be demanded for the transportation of persons or operty; and the Register of Deeds shall furnish to every rson to whom a license has been granted, a list of the ite of ferriage allowed at said ferry; which list the ferry beper shall post up at the door of his ferry house, or in me other conspicuous place, near the landing of said rry, and any person who shall demand or receive more an the amount so designated for ferrying, shall pay such lin, not exceeding twenty dollars, as any Court having mpetent jurisdiction shall determine, to be recovered in " action of debt, by any person suing for the same. SEC. 8. No person shall be allowed to establish, run or aintain upon any waters within this State any ferry upon Prohibits ferries hich to convey, carry or transport any persons or property without license Tbire or reward, without first obtaining a license therefor penalty Therein before provided. Any person or persons violating le provisions hereof, shall for each offense forfeit and pay

the county wherein such offense shall be committed, or in any county where said ferry may terminate, the sum of five dollars, to be recovered in a civil action, in the name of such county, before any Justice of Peace within the county where such suit may be brought, and in case of recovery, the said county shall recover the same costs, as in other civil actions, before Justices of the Peace. But this Act shall not be so construed as to prevent the establishing, maintaining and running free ferries.

Sec. 9. Any person, who shall have obtained a license

for a ferry shall pay his yearly tax to the County Treas. Failure to pay Il.

Hurer, and file the Treasurer's receipt with the Register of cense and file re. ceipt-suit to be Deeds, and whenever there shall be a failure of filing such instituted

receipt on the part of any person or person, having a license to keep a ferry, for twenty days after the expiration of the time, when such tax shall become due, the Register of Deeds shall forthwith cause suit to be brought against such person or persons, so failing as aforesaid, in the name of the Board of Supervisors of the county, for said tax, with ten per cent. interest thereon; and every such failure to pay said tax, as aforesaid, within twenty days after the time it becomes due, shall annul the license of any such person or persons so failing as aforesaid.

Sec. 10. All annual taxes for ferries shall be paid in ad

vance; and no license for a ferry for a longer period than Advance payment one year, shall be granted at a special meeting of any

Board of Supervisors, nor shall the payment of any annual
tax imposed by this Act, be valid or complete, until the
Treasurer's receipt shall have been filed in the Register of
Deeds' office.

Sec. 11. The Board being satisfied that a ferry is needed Bond to keep fer. at such place, and that the applicant is a suitable person ry in proper con. to keep it, must grant the license, which, however, shall not dition-to be filed open until the applicant files a bond with sureties, to be

approved by the Board, in a penalty not less than two hun. dred dollars, with a condition that he will keep the ferry in proper condition for ferrying, and attend the same at all times fixed by the Board for running the same, that he will neither demand nor take any illegal tolls, and that he will perform all other duties, which are or may be enjoined on him by law, which bond shall be filed in the office of Register of Deeds.

Sec. 12. “ All acts or parts of acts inconsistent with this Act are hereby repealed.

Sec. 13. This Act shall take effect after the expiration of sixty days from and after its passage.

Speaker of the House of Representatives.


President of the Senate.

of ferry tax

APPROVED—August thirteenth one thousand eight hundred and fifty-eight.


August 13, 1858. I hereby certify the foregoing to be a true copy of the original on file in this office.


CHAPTER LXXVII. An Act to organize and discipline the Militia and Vol

unteer Militia.

SECTION 1. Citizens of the State subject to enrollment in the militia.

2. Militia divisions--limits of First Division, and appointment of officery.
3. Limits of Second Division.
4. Limits of Third Division.
5. Governor to be Commander-in-Chief ; appointment of officers.
6. Division into brigades.
7. State Auditor to notify County Auditors of the duties of Assessors; public

notice of the same to be given in newspapers.
8. Duties of Assessors; to make list of persons subject to enrollment; provis-

ions to sexure a complete enrollment. 9. When enrolled militia may be called into service; discipline and rank while

in service. 10. Volunteer militia; manner of organizing. 11. Volunteer companies to be numbered; first organized to be first and senior

in rank. 12. Organization into batallions and regiments. 13. Officers to make returns; when and what to be returned. 14. Term of service in volunteer companies to be five years. 15. Adoption of constitution and by-laws by volunteer companies. 16. Military commissions to expire in five years from date; vacation of office by

absence; removal from office. 17, Uniform of volunteer companies ; provision exempting present organized

companios from adopting same for five years. 18. Major-Genornls authorized to organize volunteer companies.

apleto ; members of volunteer companies free from arrest while going to and returning from parade or muster. 20. Fine for refusal to attend musters or parades required by this Act. 21. Assessment of fines by company officers; manner of collecting fines. 22. Amount of fines to be assessed upon officers; manner of collecting the fines. 13. Fines and penalties for disturbing musters. 24. Fines against minors and others. 25. Courts to grant process for prosecuting fines and penalties to final judgment. 26. Costs of suit where stato fails, to be paid out of State treasury. 27. Powers of sheriffs and mayors in Iriots ; penalty for neglect to obey orders of

sheriff. 28. Authority to commandants to call out their respective commands. 29. Pay of volunteer companies while under orders of sheriff or mayor. 30. Three company musters to bo held in each year. 31. Annual encampment of each brigade ; public notice thereof.

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