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CHAPTER VIII.

An Act providing for the Terms of the Supreme Court.

SECTION 1. The Supreme Court required to met somi-annually.

2. Repeals all laws in conflict.
3. Takes ell'ect on passage. ,

Other acts re

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

Section 1. That there shall be two terms of the Supreme Two term: July Court annually, to be held at the seat of government of the and December State, on the first Monday of December, and the first Mon

day of July, in each year, and such other special terms there as the Judges of said Court may deem necessary, and shall from time to time order.

Sec. 2. All acts and parts of acts inconsistent with the pealed

provisions of this act are hereby repealed.

Sec. 3. This Act shall take effect from and after its pas. sage.

GEORGE BRADLEY,
Speaker pro tem, of the House of Representatives.

RICHARD G. MURPHY,

President pro tem, of the Senate. APPROVED—January eleventh, one thousand eight hundred and fifty-eight.

CHAS. L. CHASE, Acting Governor. SECRETARY'S OFFICE, Minnesota,

January 11, 1858. I hereby certify the foregoing to be a true copy of the original on file in this office.

Chas. L. CHASE, Secretary.

CHAPTER IX.

An act to prescribe the Qualifications and duties of the

Clerk of the Supreme Court.

SBCT107 1. Oath of caries and bond required,

2. May appoint deputies.
3. Provides for the payment of accessary records, stationery, &c. by the State.
4. General duties of the Chrk.
5 Take effoet after passage.

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

SECnen 1. The Clerk of the Supreme Court, before he

Oath of office

puty

shall enter upon the duties of his office, shall take and sub-outh
scribe an oath to support the Constitution of the United
States, and the Constitution of the State of Minnesota, and
to faithfully discharge the duties of his said office to the best Bond
of his ability, and shall execute a bond to the Governor of
the State, to be approved by him, in the penal sum of one
thousand dollars, conditioned for the faithful performance of
his said duties, which bond shall be for the use of the State,
and filed in the office of the Secretary of State.
Sec. 2. The said Clerk of the Supreme Court may appoint

May appoint de such deputy or deputies as he may choose, who shall take pu and subscribe a similar oath or oaths prescribed for the said Clerk, which oath or oaths shall be filed in said Court, and the said Clerk shall be responsible for the acts of his deputy or deputies; Provided, That the said Clerk may at any time remove any deputy appointed by him under the provisions of this Act.

Sec. 3. It shall be the duty of the said Clerk of the Supreme Court, unless otherwise provided for by law, to pro

Records, station. cure the necessary records, stationery, lights, fuel and furni- art.de. ture for the use of said Court, the same to be be paid for out of the State by the proper accounting officers thereof, upon the certificate or order of the said Clerk for the same.

Sec. 4. It shall be the duty of the Clerk of the Supreme Court to perform all the duties which are or may be assigned him by law and by the rules of the said Court, made in Subject to rules pursuance of the statute in such case made and provided, of the supreme And in the absence of the said Clerk from the office or the Court any deputy appointed under the provisions of this Act, may perform all the duties of the said office.

Sec. 5. This Act shall take effect from and after its passage.

GEORGE BRADLEY,
Speaker of the House of Representatives.

RICHARD G. MURPHY,

President pro tem. of the Senate. APPROVED—March twenty, one thousand eight hundred and fifty-eight.

CHAS. L. CHASE, Acting Governor. SECRETARY'S Office, Minnesota,

March 20, 1858. 5 I hereby certify the foregoing to be a true copy of the original on file in this office.

Chas. L. Chase, Secretary.

court

CIIAPTER X.
An Act to confer the authority of changing the Names of

persons, towns and villages upon the District Court.

SECTION 1. Authorizes District Court to change names.

2. Manner of procedure before Court, to change name of indivi laal.
3. Manner of procedure to change pame of town or village.
4. Public notice o change to be given.
5. Record of proceedings under this act to be kept separate.
6. Costs under this act to be borne by petitioners.
7. Act takes effect May 1, 1858.

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

District court may change names

dual names-pe

Section 1. That the District Court shall have the authority to change the names of persons, and the names of towns and villages within this State.

Sec. 2. That any person desiring to change his or her Changing indivi- name may file a petition with the Clerk of the District Court,

po- in the county in which such person may be a resident, setting tition to be filedwhat it shall set forth, first, that the petitioner has been a bona fide citizen of forth

such county at least one year prior to the filing of the petition; second, the cause for which the change of petitioner's name is sought; third, the new name which is asked for. And it shall be the duty of the District Court, at any term thereof, after the filing of such petition, upon being satisfied, by proof in open Court, of the truth of the facts set forth in said petition, and that there exists proper and reasonable cause for changing the name of the petitioner, and that notice had been given in some newspaper in general circulation in such

county, for three consecutive weeks next preceding the sit

to ting of the Court, or if no paper be printed at the county hearing in court seat, then in some paper printed at the seat of government,

of the intended application, to order and direct a change of the name of such petitioner, and that an order be made for that purpose upon the journals of such Court.

Sec. 3. That whenever it may be desirable to change the name of any town or village, in any county of this State, a $petition for that purpose may in like manner be filed with the

Clerk of the District Court for such county, signed by at least Proceedings

twenty landholders of the vicinity, setting forth the cause why such change is desirable, and the name prayed to be substituted. And the Court upon being satisfied, by proof, that the prayer of the petitioners is just and reasonable, and that notice as required in the foregoing section had been given, and that the inhabitants of such town, or the majority of the qualified voters thereof desire such change, and that there is no other town or village in this State with the same

Public notice to be given before

Changing names of towns

Public notice

name with that which is prayed for, may order a change of the name of such town or village, as prayed for in such peti

tion.

raals of court

Sec. 4. After such change of name as is contemplated in Record on the the foregoing section, shall have been ordered to be entered mourns upon the journals of such Court, then it shall be the duty of Public notice of such person or persons most directly [interested] in such change change to cause notice, thereof to be published in like manner as contemplated by the first section of this Act.

Sec. 5. It shall be the duty of the Clerk of the District Clerk of court Court to keep a separate book for recording the proceedings under this Act.

Sec. 6. All proceedings under this Act shall be at the cost of the petitioners ; provided always, that any change of costs name under the provisions of this Act shall not, in any manner, affect or alter any right of action, legal process, or property.

Sec. 7. This Act shall take effect and be in force from and after the first day of May, one thousand eight hundred and fifty-eight.

GEORGE BRADLEY,
Speaker pro tem. of the House of Representatives.

RICHARD G. MURPHY,

President pro tem. of the Senate. APPROVED-February twenty-six, one thousand eight hun. dred and fifty-eight.

CHAS. L. CHASE, Acting Governor. SECRETARY'S OFFICE, Minnesota,?

February 26, 1858. I hereby certify the foregoing to be a true copy of the original on file in this office.

Chas. L. CHASE, Secretary.

CHAPTER XI.

An Act authorizing the Clerks of Courts to grant Orders

of Publication. SECTION 1. Clerks of Courts authorized to grant orders of publication samo as Judges. Be it enacted by the Legislature of the State of Minnesota :

SECTION 1. That the Clerks of the several Courts of this

State may, and are hereby authorized and empowered to, grant orders of publication in all cases pending in said Courts where the Courts or Judges thereof are, or may hereafter be authorized by law to grant such orders.

Sec. 2. This Act shall take effect from and after its passage.

GEORGE BRADLEY,
Speaker pro tem. of the House of Representatives.

RICHARD G. MURPHY,
President pro tem, of the Senate.

APPROVED—January twenty-two, one thousand eight hundred and fifty-eight.

CHAS. L. CHASE, Acting Governor.

SECRETARY'S OFFICE, Minnesota,

January 22, 1858. I hereby certify the foregoing to be a true copy of the original on file in this office.

Chas. L. Chase, Secretary.

CHAPTER XII.

An Act authorizing Foreign Administrators or Executors

to sue in the Courts of the State.

W su

SECTION 1. Non-resident Administrators and Executor. authorized to prosecute actions

in Courts of this state.

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

SECTION 1. That any Administrator or Executor duly ap. Foreign adminis, pointed in any other Sate or County, may commence and trators, &c., may me on 'mling copy prosecute any action or suit in law, or equity, in any Court of their appoint of the State, in his capacity of Executor or Administrator, naat

in like manner and under like restrictions as a resident may be permitted to sue : Provided, That before commencing any action or suit, an authenticated copy of his appointment as such Executor or Administrator must be filed in the Probate Court of the county in which such action or suit shall be commenced.

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