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Courts Martial, rules governing

held at, such time and place as they order, when the same may be necessary to carry into effect any of the provisions of this Act not herein expressly provided for, and in all cases, the officer ordering the Court Martial, inay confirm or disapprove the sentence thereof.

Seç, 55. Any superior may immediately after he has ar

rested any officer, appoint no less than three nor over five Courts of inquiry, officers, as near the rank of the officer arrested as he can con-how organized veniently get for that purpose, and shall summon them to proof used meet at a certain time and place, and when met, shall consti

tute a Court of Inquiry, whose duty it shall be to inquire into the charges on which such officer was arrested, and if a majority of said Court are satisfied that such charges are not susicient to cause a Court Martial to assemble in said case, or if they are satisfied the charges are sufficient, they shall, in cither case, forthwith report the same, under scal, to the officer who ordered the arrest, and such officer ordering the arrest shall, immediately after receiving the report of said Court, either discharge the officer arrested, or summon a Court Martial forth with to try him. The officer ordering the arrest shall be governed by the Court of Inquiry, and the members and witnesses attending a Court of Inquiry shall be paid as the members and witnesses of a Court Martial are paid; and the officer who orders the 'arrest shall designate what officer is to preside over the Court of Inquiry, which Court shall have the same power to compel the attendance of witnesses as Courts Martial, and either party may serve any process allowed by Court Martial, and all officers coniposing a Court of Inquiry shall be in full uniform. ..::

..COMMANDER-IN-CHIEF.' Sec:56. The Commander-in-Chief, whenever in his opinCommissary ion it becomes necessary, may organize a Subsistance or department-its Commissary Department, [ by appointing a Commissary Cenorganization zation

on
eral, or a'General of Subsistence Department,] with the rank
of Brigadier General, and such other Assistant Commissaries
as he may think nécessary, or the good of the service may
require it, with such rank as is conferred on officers of the
şame station in the army of the United States; and may also
appoint such number of storekeepers and other officers as the
good of the service may require, and may order any or all
such officers into actual service when their services become
necessary.

Sec. 57. The Commander-in-Chief, whenever in his opinion Medical depart. it becomes necessary, may complete the organization of the ment-its organi- Medical Department, by appointing a Surgeon General, with zation

the rank of Colonel, and for each division a Hospital Surgeon with the rank of Lieutenant-Colonel, and for each brigade a Hospital Surgeon with the rank of Major, and may call any or all of said officers into actual service, when their services may be found necessary.

Sec. 58. The Adjutants of regiments, squadrons and battalions, shall attend to and record all returns from the Com- adiutants to keep mandants of regiments, squadrons and battalions, and record records of returns the same in a book to be provided for that purpose, and shall perform such other duties as may from time to time be required of them by the commandants of their regiments, squadrons and battalions; Provided, That when any Adjutant shall be absent in command, the commanding officer shall appoint a suitable person to do the duty of the Adjutant.

Sec. 59. The rules and articles of war, and the rules and customs which govern a Court Martial composed of officers Court Martial of the Army of the United States, shall in all respects govern ralos governing,

(See Sec. 531 all Courts Martial held under the provisions of this Act; and the Commander-in-Chief, Major Generals and Brigadier Generals, shall have power to order a Court Martial to be held at such time and place as they think proper, when the same may be necessary to carry into effect any of the provisions of this Act, not herein expressly provided for; and in all cases, the oficer ordering the Court Martial may confirm or disapprove the sentence thereof.

Sec. 60. Any superior may immediately after he has ar. rested any officer, appoint not less than three nor over five officers, as near the rank of the officers arrested as he can Courts of inquiry. conveniently get for that purpose, and shall summon them to how organized, meet at a certain tiine and place, and when met shall consti- and purpose. See

Soc. 54) tute a Court of Inquiry, whose duty it shall be to inquire into the charges on which such officer was arrested, and if a majority of said Court are satified that such charges are not sufficient to cause a Court Martial to assemble in said case, or if they are satisfied the charges are sufficient, they shall in either case, forthwith report the same, under seal, to the officer who ordered the arrest, and such officer ordering the arrest, shall, immediately after receiving the report of said Court, either discharge the officer arrested, or summon a Court Martial forth with, to try him. The officer ordering the arrest shall be governed by the Court of Inquiry, and the members and witnesses attending a Court of Inquiry shall be paid as the members and witnesses of a Court Martial are paid, and the officer who orders the arrest shall designate what officer is to preside over the Court of Inquiry, which Court shall have the same power to compel the attendance of witnesses as Courts Martial, and either party may serve any process allowed by Court Martial, and all officers composing a Court of Inquiry shall be in full uniform.

Sec. 61. There shall be allowed to the officers composing any division, brigade, regimental, squadron or battalion Courts Martial, and to the Judge Advocate thereof, one dol- Foes for serving lar and fifty cents each day they may be necessarily engaged on in traveling to and from, and attending at such; the Provost Marshal shall have such compensation as is allowed to Sheriffs for similar services in civil cases, and to each wit.

Courts Mar tial

Armories to be rented

ness twenty-five cents for each day he may attend under at summons, and for each day in traveling to and from the same, which compensation shall be paid out of the State Treasury, on the order of the President of the Court Martial, which order the Auditor of State shall endorse.

SEC. 62. If, after paying all drafts upon the military fund hereinbefore specified, there shall remain no funds, the Commander-in-Chief is hereby authorized to rent or purchase a suitable armory for any division or brigade, the same to be paid out of the treasury of the city, county or counties which form such division or brigade.

SEC. 63. The Adjutant General of the State shall furnish mof to the commandants of divisions, for the use of their brigades, Blank form of Rolls, bonds, &c., blank forms of rolls, bonds, and of the different returns that to be furnished may be required from time to time by this Act, and explain

the principles on which they should be made.

Sec. 64. The Commander-in-Chief shall cause two thou

sand copies of this Act to be printed in book form, which Publication of books shall have attached to them all the necessary forms by this Act with which all returns can be made of companies, regiments, forms attached

squadrons or battalions; also brigades and divisions, which pamplet shall be immediately distributed and forwarded to the county seats of the several brigades, as other laws are, and in due time to be directed to the Brigadier Generals, or commandants of said brigades, who shall be bound to receive and distribute as circumstances may require.

SEC. 65. The Act entitled “An Act to Organize and Dici

pline the Militia and Voluntary Militia," and all acts and Repeal of all parts of acts amendatory thereto, or inconsistent with this other Militia

Act, are hereby repealed. This Act to take effect immedi-
ately after its passage.

GEORGE BRADLEY,
Speaker of the House of Representatives,

WILLIAM HOLCOMBE,

President of the Senate. APPROVED— August the twelfth, one thcusand eight hundred and fifty-eight.

HENRY H. SIBLEY. SECRETARY'S OFFICE, Minnesota,

August 12, 1858. I hereby certify the foregoing to be a true copy of the original on file in this office.

FRANCIS BAASEN, Secretary of State.

laws

CHAPTER LXXVIII.

An Act to regulate Corporations for Manufacturing,

Mining, Agricultural, Mechanical and Chemical purposes.

SECTIOX 1. Formation of Companies for manufacturing, mining, agricultural, mechani

cal and chemical purposes-certificate to be acknowledged.
2. Certificate to be filed with Register of Deeds.
3. Corporate powers vested in the parties signing and acknowledging certifi-

cates,
4. Corporation to be managed by Directors, to be elected.
3. Election of Directors.
6. Elections to be by ballot-each share of stock entitled to one vote.
7. Failure to elect Directors on the day designated, no dissolution of corpora-

tion.
8. Powers of the Directors.
9. Payment of capital stock--sale of stock for non-payment.
10. Stock to be deemed personal estate, and transferrable.
11. Joiat and individual liability of stockholders, for debts due clerks, laborers

and servants of the Company.
12. Stockholders at the time debt is contracted-individually liable therefor for

five years.
13. Stock held by administrators or guardians, or by parties as collateral security,

to be considered as in ownership of party pledging the same.
14. Right of Executors, &c., and of persons pledging stock to vote the stock at

meetings of the corporation.
13. Capital stock to be paid in money-loan to stockholders prohibited.
16. Right of Legislature to amend or repeal this chapter, or corporations created

under it.
17. Increase or diminution of capital stock.
18. Public notice thereof to be given, and special notico to each stockholder.
19. Meeting of stockholders, and proceedings to determine the ques'ion of in.

creasing or diminishing the stock.
90. Record of stockholders, and transfor of shares, to be kept for the inspection of

stockholders or creditors.
21. Prohibition of banking powers, under this chapter.
22. Act takes effect on passage, and repeals acts inconsistent herewith.

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

SECTION 1. Any three or more persons desirous of forming a corporation for the purpose of carrying on any kind of manufacturing, mining, lumbering, agricultural, mechani. Formation of cal or chemical business, may make, sign and acknowledge, companiesbefore some officer authorized to take the acknowledgment Certificate to be

acknowledged of deeds, a certificate in writing, in which shall be stated ac the name of such corporation, and the objects for which the corporation shall be formed, the amount of the capital stock of such corporation, the term of its existence, which shall not exceed thirty years, the number of shares of which said stock shall consist, the number of directors and their names, who shall manage the corcerns of said corporation for the first year, and the names of the town and county in which the operations of the said corporation are to be carried on.

Sec, 2. Such certificate shall be recorded in the office of Certificate to be filed with Regis. the Register of Deeds of the county in which the business ter of Deeds of the corporation shall be carried on, and a duplicate there

of shall be filed in the office of Secretary of State.

Sec. 3. When such certificate shall have been recorded Corporate powers as aforesaid, the persons who shall have signed and acto whom vested-knowledged the same, and their successors, shall be a body purchasing real estate, proviso

politic and corporate, by the name stated in such certificate, and by that name may have succession; and shall be capable of suing and being sued, and they may have a common seal, and may alter the same at pleasure; and they shall by their corporate name, be capable of purchasing, holding and conveying any real and personal estate whatever, which may be necessary to enable the said corporation to carry on the business named in the certificate, but shall not mortgage the same or give any lien thereon; Provided, That the amount of real estate so owned and held, shall not at any time exceed forty acres to each stockholder in such corporation.

Sec. 4. The stock, property and concerns of such cor

poration, shall be managed by not less than three, nor more Directors to man.

'than nine directors, who shall respectively be stockholders age business of corporation in such corporation, and who shall, except the first year, be

annually elected by the stockholders, at such time and place as shall be directed by the by-laws of the corporation.

Sec. 5. Public notice of the time and place of holding such election shall be given not less than ten days previous

thereto, by publication in the newspaper in the State, printed Election of Di

nearest the place where the business of the corporation shall be carried on, or in such other manner as shall be prescribed by the by-laws of the corporation; and the election shall be made by such of the stockholders as shall attend for that purpose, either in person or by proxy.

Sec. 6. All elections shall be by ballot, and each share Election by ballet of stock shall entitle the owner to one vote in said corpora. not by shares of tion; and the persons receiving the majority of votes shall stock

be directors; and when any vacancy shall happen imong the directors, by death, resignation or otherwise, it shall be filled for the remainder of the year, in such manner as may be provided for by the by-laws of said corporation.

Sec. 7. In case it shall happen at any time, that an election of directors shall not be made on the day fixed for such

election by the by-laws of said corporation, the corporation Failure to elect

ct for that reason shall not be dissolved; but it shall be lawful on any day designated

o on any other day to hold an election for directors, as shall No dissolution of be provided for by the said by-laws, and all acts of the dicorporation

rectors shail be valid and binding as against such corporation, until their successors shall be elected; Provided , That if any corporation formed under the provisions of this Act, shall neglect, or refuse for a longer time than three years, to elect directors thereof, then, thereafter, for that reason said corporation shall be and remain dissolved.

rectors

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