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shall have been donated to the State for the establishment of a third State Normal School, a like sum of five thousand dollars shall be and hereby is appropriated by the Legislature, and on the order of the proper officers, shall be paid out of any moneys in the Treasury not otherwise appropriated by law, for the use and benefit of such institution.

Sec. 4. The Governor, within thirty days after the passage of this Act, shall appoint six electors, one from each ju.

dicial district, who shall constitute the State Normal Board First board of di- of Instruction. Those appointed from the even judicial disrectors to be appointed by gover:

apr. tricts, shall hold their offices for the term of four years, and nor-their succes. those appointed from the odd judicial districts, shall hold

their office for the term of two years. The Legislature shall, during its session in one thousand eight hundred and sixty, elect three Normal Directors to fill the vacancies created by the expiration of the term of office of the three directors apo pointed from odd districts, and biennially thereafter, the Lego islature shall elect three directors to fill the vacancies created by this Act. The legislature shall also fill from time to time all vacancies that may arise by death, resignation, removal from the State, or otherwise : Provided, that the Normal Board shall have power to fill any vacancy occurring during the recess of the Legislature tillite next meeting

Sec. 5. The Normal Board at their first meeting, which

shall be held at the Capital of the State, shall severally take Organization of and subscribe an oath or affirmation to support the Constituthe board Its of- tion of the United States and of the State of Minnesota, and

faithfully to execute the trust and discharge the duties of their office. They shall elect one of their number President, who shall continue in office for two years and until his successor is chosen, and they shall appoint some suitable person as treasurer, who shall hold his office for one year, but may be removed at any time at the pleasure of the Board. The Treasurer, before entering upon the duties of his office, shall give bonds in the penal sum of five thousand dollars, faithfully to execute the trust and discharge the duties of his of: fice. The State Superintendent of Public Instruction shall be ex officio a member of the Normal Board, and shall be Secretary of the same.

Sec. 6. Immediately after the organization of the Board, Division of the

the they shall proceed to divide the State into three Normal dismal districtes tricts, uniting in the formation of the first two contiguous

judicial districts, of the second, two, and of the third, two..

Sec. 7. The Normal Schools provided for in this Act shall Location of the be located by the Normal Board, but only one shall be loca

ted in any one Normal District. In locating any one Normal School, the Board shall have due regard to healthfulness and beauty of situation, to accessibility and general convenience, to the wants of the common schools, and the wishes of donors who may make munificent donations, conditioned upon a particular location.

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Sec. 8. It shall not be within the province of the Legis.ch

Change of loca. Jature or of the Normal Board to remove any State Normal tion--prohibition School from its original location, during the period of ten years from its establishment, without the consent of the donor or donors, who made to the State the first donation of five thousand dollars for the foundation of such School.

Sec. 9. The Normal Board are authorized and empowered to contract for the erection of all buildings connected with Erection of buildthe State Normal Schools, to appoint all professors or teach-ings and procure

ment of teachers ers in such institutions, to prescribe the course of study and the pre-requisites for admission, and in general to adopt all needful rules for the government of said schools, Sec. 10, The Normal Board are authorized annually to

Prudential comappoint for each Normal School, a prudential committee, Pry

mittee their du. consisting of three persons, one of whom shall be a member ties of said Board. Said Prudential committee shall have the general oversight and management of the prudential affairs of the several schools, subject to the order of the Board, to whom they shall each make a detailed report of their doings and of the condition and wants of the particular institution committed to their care.

Sec. 11. There shall be no charge for tuition to persons Tuition to be free who may be admitted to the privileges of any State Normal School, and who shall sacredly engage to become teachers of the public schools of the State for such times and on such conditions as shall be prescribed by the Normal Board.

Sec. 12. The Board, through the State Superintendent, Annual report to shall make an annual and detailed report of their doings to loglalataro the Governor, who shall transmit the same to the Legislature. They shall also report respecting the condition, success and progress of the several Normal schools.

Sec. 13. The Normal Directors in any Normal District, Pay of directors with the State Superintendent shall be the special visitors of the Normal School in such district, and they, together, or by one or more of their number, or by some competent person or persons of their appointment, shall visit and examine such school at least two days each session, for ascertaining the mode of instruction and the progress of the pupils, and for promoting the best welfare of such institution and of the common schools of the State.

Sec. 14. 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—August the second, one thousand eight hundred and fifty-eight.

HENRY H. SIBLEY.

SECRETARY'S OFFICE, Minnesota, l

August 2, 1858. I hereby certify the foregoing to be a true copy of the original on file in this office.

FRANCIS BAASEN, Secretary (f State.

CIIAPTER LXXX.

An Aci Regulate the Trafic in Lcys und Lumber.

CASTER 1. Soc. 1. Four Surveying Districts established.

2. Boundaries of the District.
3. Surveyor Generals for each District to be elected annually.
4. Location of the offices of Surveyor Generals.
5. Oath of office, and bond to be given by Surveyor Generals.

6. Violation of bond ; institution of suits.
(HAPTER 2. Sec, 1. Surroyor General to survey lumber in his District ; certificate or bill

of amount to the owner.
2. Allowance for defective loga.
3. Seribner's Rule the legal rule for surveys; proviso.

Survey of logs running out of booms; bills thereof to be made out.

Survey of logs or lumber by Surveyor General cut of his own District 6. Appointment of Doputies by Surveyor Generals. 7. Purchasers scale mark to take precedence of original or antecedent

marks. 8. Peos for surveying and scaling logs or lumber. 9. Books of Surveyor General to be open for investigation. 10. Surveyor Generals to make annual report. 11. Record of mortgages, liens and bills of sale by Surveyor Generals. 12. Marks upon logs to be recorded in Surveyor General's office. 13. Record of orders for scaling, to be kept by Surveyor Generals. 14, Certificate of Surveyor General to any marks, conclusive as to its

ownership. 15. No logs to be scaled, unless mark is properly recorded. 16. Logs in side booms, unauthor ized, to be turned out to Owner on notice

given. 17. Penalty for defacing marks on logs, or otherrise injuring them. 18. Repeal of Acts inconsistent. 19. Act to take effect January 1, 1859.

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

CHAPTER 1.

Surreying die tact

SECTION 1. There shall be and there is hereby created four districts for the purpose of surveying and regulating the survey or measurenent of logs, timber, and lumber, within this State.

Sec. 2. The Saint Croix River and its tributaries shall constitute the first district ; the Mississippi River and its

ture

tributaries, between the mouth of the Saint Croix River and

Boundaries of the the mouth of Elk River, shall constitute the second district ; districta the Mississippi River and its tributaries below the mouth of the Saint Croix River, shall constitute the third district ; the Mississippi River and its tributaries above the mouth of Elk River shall constitute the fourth district.

SEC. 3. There shall be annually elected by the Legislative Assembly of the State of Minnesota, a Surveyor General Election of sur for each of the districts aforesaid, who shall be a citizen of veyors by loglalar the district for which he is elected at the time of his election, and shall enter upon the duties of his office on the first Mon. day of April next, succeeding his election, and shall hold his office for one year and until his successor is elected and qualified.

Sec. 4. The Surveyor General of the first district shall Location of earkeep his office at the city of Stillwater, of the second district veyors' offices at the Falls of Saint Anthony, and of the third district at the city of Red Wing, and of the fourth district at Swan River.

Sec. 5. The Surveyor Generals shall each, before entering Oath of office and upon the duties of their office, take an oath before some per- bond of surveyor son qualified to administer oaths, that he will faithfully discharge the duties of his office, and shall also execute a bond to the county in which he holds his office, with five or more sufficient sureties, to be approved by the County Commis. sioners of such county, in the penal sum of five thousand dollars, conditioned for the faithful discharge of his duties 28 Surveyor General, and for the delivery over to his successors, all bills, bonds, certificates and papers, and other effects appertaining to his said office.

Sec. 6. I'he bond and oath of office shall be deposited with the clerk of the Board of County Commissioners of the county where such office is kept, and when a failure to comply with the conditions of such bond by the Surveyor General, any person feeling himself aggrieved, may commence an action thereon before any Court having jurisdiction, and

recovery thereon (by one) shall not render the bond void, but the same may be prosecuted from time to time until the whole penalty shall be recovered.

iolation of bond suits theroan

CHAPTER II.

SECTION 1. It shall be the daty of the Surveyor General,
jy himself or his deputy, at the request of the owner of any.

y survey of lamber bgs, timber or lumber, to repair to any part of his district --bill of amona nd survey such logs, timber or lumber, and upon completing to owner uch survey, to make out a bill stating the number of logs [ pieces of timber, together with the mark or marks thereon, he number of feet therein contained, and at whose request he same were scaled, and to whom scaled, a copy of which ill he shall enter upon the books of his office, and the orig

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legal rule for sur voying proviso

inal bill or copy thereof, he shall give to the owner of the logs, timber or lumber, with a certificate thereon that it is a true and correct bill; but no Surveyor General or his deputy shall in person survey or scale logs or timber owned wholly or in part by him or them.

Sec. 2. The said surveyors and their deputies shall, in Allowance for de fective logs

49 surveying or measuring logs or lumber, make such allow

ance for hollow, rotten and crooked logs as would reduce and make them equal to good, sound and straight merchantable logs ; and in surveying lumber, shall throw off all rotted, shakey or waney stuff, and make the same equal to good merchantable lumber.

Sec. 3. The Surveyor General shall keep posted in his

office a written rule or scale of logs of all sizes and lengths, Scribner's rule, which shall govern him in his surveys, and the scale rule

30 known as Scribner's Rule is hereby adopted as the only legal

rule for the survey of logs in the State of Minnesota ; Pro vided, That every log shall be surveyed by the largest number of even feet which it contains in length over ten feet and under twenty-four feet, and all logs of twenty-four feet in length or more, shall be surveyed as two logs or more.

SEC. 4. It shall be the duty of the Surveyor General, by

himself or deputy, to survey all logs running out of any boom Sarvey of;loge now chartered, or which may hereafter be chartered by law running out of boom-bills

in his district, and at the expiration of each week, to make thereof to be out and deliver to the owner or agent of such boom, a bill

stating the number of logs, the mark or marks thereon, and the number of feet of each mark; a copy of which bill he shall enter upon the books of his office, and the original duly certified by him, he shall deliver to the said boom owner or agent, who shall collect the boomage, or fees of said boom in accordance with such survey.

SEC. 5. Whenever the owner of any logs, timber or lumSurvey by sur ber, shall request the Surveyor General of any district to veyor general pot repair to any other district and survey such logs, timber or

strict lumber, it shall be lawful for such surveyor, by himself or

his deputy, to survey such logs or timber, and to act in all respects as if the same were in his proper district ; and the scale bills or certificate of surveys thereof, shall be recorded in his office in like manner as if logs, timber or lumber had been surveyed in his proper district.

Sec. 6. The surveyor general may appoint sueh number Appointment of of deputies as may be necessary to transact the business of

his district; and for the correctness of their acts and their doings, he shall be responsible upon his bond.

Sec. 7. In surveying logs from one party to another, the

Ha Surveyor General shall place the purchaser's scale mark upon purchaser to tak precedence of orl- said logs, and said scale mark shall thereafter take preference elpal

of the original or other antecedent mark; Provided, That in all such cases, the purchaser shall pay for the scaling and shall be entitled to the scale bill.

made out

in his own distric

deputies

Scalo marks of

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