Fees for survey. SEC. 8. The Surveyor General shall be entitled to receive, and may sue for and collect the sum of five cents per thousand ing and scaling feet for surveying, scale making and making survey bills for all logs that he may be required to survey, and the sum of twenty-five cents per thousand feet for all lumber, and for all services performed by said surveyors by virtue of their office at a greater distance than thirty miles from their offices, they are authorized to receive and collect ten cents per mile traveling fee. The surveyor general shall be entitled to receive and collect the sum of fifty cents for each and every mark of logs recorded in his office pursuant to Section 12 of this Act. be SEC. 9. The books of the Surveyor General's office shall Books of surveyor open for and subject to the inspection of all persons wish- general to be ing to examine the same, and the Surveyor General or his open to inspecdeputy shall furnish, when required, duplicate scale bills or certificates, upon being paid therefor fifteen cents per folio. tion Annual reports to SEC. 10. The Surveyor General shall report to the Legislative Assembly of this State, at the beginning of each regu-legislature lar session thereof, the total number of feet of logs, and lumber which he has surveyed in his district for the year ending the thirtieth day of November last past. Record ofmort Igage liens and SEC. 11. It shall be the duty of the Surveyor General to record all mortgages, liens, and bills of sale or other written instruments in any way affecting the ownership of any mark bills of sale of logs in his district in a book kept for that purpose; Provided, That said instruments shall specify the marks placed upon the said logs, and when they were cut, and shall be recorded in the office of the Surveyor General in which the said marks are recorded, and no conveyances, lien, mortgage or transfer shall be valid until the same is so recorded, and the Surveyor General shall be entitled to and shall receive the same fees as is allowed by law to Register of Deeds for recording like instruments. Marks upon logs SEC. 12. Any person who shall cut logs in either of the districts aforesaid, shall, before proceeding to mark the same, to be recorded deposit in the office of the Surveyor General in whose district the logs may be, a copy of the said mark which is to be put upon the said logs, but which copy shall not be that of any other mark already recorded in said district, and cause the same to be recorded in a book kept by the Surveyor General for that purpose; Provided, That it shall be the duty of any and all persons who may have cut any logs previous to the passage of this Act, to cause the mark of the same to be recorded on or before the first [day] of January, A. D. eighteen hundred and fifty-nine, and that all marks of logs in the fourth district shall be recorded in the second district. Record of orders SEC. 13. The Surveyor General shall keep a book or books in which he shall record in the order in which they are pre- for scaling to be sented to him, all orders drawn by the owner of any logs kept directing him to scale any logs of his mark or marks to any Certificate of surveyor general con other person, and the first logs scaled of the marks given in said order, and within the limits therein prescribed, shall be scaled to and belong to the person in whose favor the order is drawn according to priority of record. SEC. 14. The certificate of the Surveyor General that any mark has been recorded agreeably to the provisions of this Act, and that the same has not been transferred, and that clusive as to own- there is no incumbrance recorded in the books of his office, upon the logs marked with the said mark, shall be conclusive evidence of the ownership of the logs marked with the said mark, in any Court in this State. ership of logs No logs to be scaled unless SEC. 15. No logs shall be scaled by the Surveyor General or his deputies, unless the marks upon the said logs are mark is recorded properly recorded in accordance with the provisions of this Act, and no survey of any logs shall be received in any Court in this State, except the survey of the Surveyor General or his deputy. Logs inside booms unauthor SEC 16. In case any logs shall be found in any side boom which have not been bargained for by the owner or holder of such boom, the owner of such logs may demand that the ized, to be turned same shall be turned out of such boom, and unless such logs are so turned out within three days after such demand is made, then the owner of such logs shall be at liberty to open such boom and remove such logs, doing no unnecessary damage to the property of such boom owner or holder. out on demand Penalty for defacing marks Repeal of acts inconsistent SEC. 17. That any person who shall take from any of the rivers or their tributaries in or bordering on this State, or from any sloughs, ravine, island or land adjoining said rivers or tributaries into or upon which any logs may run, or shall cut out, mutilate, destroy or render illegible the mark or marks thereon, or in any manner willfully injure any such logs not his own, or any person other than the Surveyor General or his deputy, who shall place upon any log or piece of timber, any mark except the original mark, shall be guilty of a misdemeanor, and upon conviction thereof in any Court having competent jurisdiction, shall be punished by a fine of not less than fifty dollars or more than one thousand dollars, or by imprisonment in the State Prison for not less than one year, nor more than three years, and shall be further liable for double the market value of said logs at the time so taken or injured, to be recovered by the owner of such logs in an action of debt before any Court having competent jurisdiction in the case. SEC. 18. All acts and parts of acts inconsistent with this Act, are hereby repealed. SEC. 19. This Act shall take effect and be in force from and after the first day of January, A. D. eighteen hundred. and fifty-nine. GEORGE BRADLEY, Speaker of the House of Representatives. WILLIAM HOLCOMBE, President of the Senate APPROVED-August the ninth, one thousand eight hundred and fifty-eight. SECRETARY'S OFFICE, Minnesota, August 9, 1858. 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. CHAPTER LXXXI. An Act to provide for the regulation of County Jails. SECTION 1. Prisons to be established in every county. 2. Grand Juries to examine prisons, ani report. 3. Sheriffs or their deputies required to keep the jail-Separate cells for males 4. Cost of keeping defendant imprisoned on civil suit, to be paid by plaintiff. 5. Cost of keeping criminals to be paid by county board. 6. Prisoners confined by process of Court-Sheriff's evidence to retain in cus- 7. Commitments and liberations of prisoners to be regularly filed by Sheriff or 8. Delivery thereof to successor in office. 9. Authority to confine prisoners for crime committed in one county, in the jail 10. Fugitives from justice or labor in this State, may be confined in any county 11. Juvenile prisoners--their treatment. Be it enacted by the Legislature of the State of Minnesota : SECTION 1. That there shall be established and kept in Prisons to be os every county, by authority of the Board of County Super-tablished in every visors, and at the expense of the county, a prison for the safe keeping of prisoners lawfully committed." Grand juries to SEC. 2. That the Grand Jury at each term of the Circuit Court, shall make personal inspection of the condition of the examine prisons county prison, as to the sufficiency of the same for the safe and report, keeping of prisoners, their convenient accommodation and health, and shall inquire into the manner in which the same has been kept since the last term; and the Court shall give this duty in special charge to such Grand Jury, and it shall be imperative upon the Board of Supervisors to issue the necessary orders, or cause to be made the necessary repairs, deputies required in accordance with the complaint or recommendation of the Grand Jury. SEC. 3. The Sheriff of the county, by himself or deputy, Sheriffs or their shall keep the jail, and shall be responsible for the manner in which the same is kept; he shall keep separate rooms for the sexes, except where they are lawfully married; he shall provide proper meat, drink and fuel for prisoners. to keep jail Costs for keeping SEC. 4. The cost of keeping a defendant imprisoned by civil process shall be taxed as costs against the plaintiff defendant in civil therein, at the rate of forty cents per day, and if such plainsuits to be paid tiff shall fail to pay the same in advance, the defendant may be discharged, but such costs may afterwards be recovered against the defendant. by plaintiff Keeping of crimi SEC. 5. Whenever a prisoner is committed for crime or nals to be paid by in any suit in behalf of the State, the County Board shall allow the Sheriff his reasonable charge for supplying such prisoner. county Sheriff's evidence SEC. 6. When a prisoner is confined by virtue of any to retain prisoner process directed to the Sheriff, and which shall require to be returned to the Court, whence it issued, such Sheriff shall keep a copy of the same, together with his returns made thereon, which copy, duly certified by such Sheriff, shall be prima facie evidence of his right to retain such prisoner in custody. Commitments SEC. 7. All instruments of every kind, or attested copies &e to be filed by thereof, by which a prisoner is committed or liberated, shall be regularly endorsed and filled, and safely kept in a suitable box by such Sheriff, or by his deputy, acting as a jailor. sheriff County in jail of another county SEC. 8. Such box, with its contents, shall be delivered to the successor of the officer having charge of the prison. SEC. 9. When there is no sufficient prison in any county Confinement of wherein any criminal offense shall have been committed, any persons from one Judge of the Circuit Court of such county, upon application of the Sheriff, may order any person charged with a criminal offense, and ordered to be committed to prison, to be sent to the jail of the county nearest having a sufficient jail; and the Sheriff of such nearest county shall, on exhibit of such Judge's order, receive and keep in custody, in the jail of his county, the prisoner ordered to be committed as aforesaid, at the expense of the county from which said prisoner was sent; and the said Sheriff shall, upon the order of the Circuit Court, or a Judge thereof re-deliver such prisoner, when demanded. Fugitives from justice may be confined in any county jail SEC. 10. Any county jail may be used for the safe keeping of any fugitive from justice or labor in this State, in ac cordance with the provisions of any act of Congress, and the jailor shall, in this case, be entitled to reasonable compensation for the support and custody of such fugitive from the officer having him in custody. SEC. 11. Juvenile prisoners shall be treated with humanity, and in a manner calculated to promote their reformation; they shall be kept, if the jail will admit of it, in apartments Juvenile pri sonseparate from those containing more experienced and har-ers-their treatdened criminals; the visits of parents, guardians and friends ment who desire to exert a moral influence over them, shall at all reasonable times, be permitted. SEC. 12. All acts or parts of acts inconsistent with this Act, are hereby repealed. SEC. 13. This Act shall take effect and be in force from and after its publication. 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. SECRETARY'S OFFICE, Minnesota, August 2, 1858. 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. CHAPTER LXXXII. An Act to provide for the assessment and collection of a Tax for State purposes for the year 1859, and for the better collection of taxes heretofore levied. SECTION 1. Levy of five mill tax for the year 1859, for State purposes. 2. Proper offic ers of the several counties required to assess and collect the same. 3. Auditor of State authorized to extend time for collection of taxes, in case of 4. Penalty for default or neglect of township officer to make assessment on col- 5. Act takes effect on passage. Be it enacted by the Legislature of the State of Minnesota: 1859 to be levied SECTION 1. There is hereby levied on all of the taxable property in the State of Minnesota, for the year (1859), one Five mill tax for thousand eight hundred and fifty-nine, a tax at the rate of five mills on the dollar for the use of the State, including the sum to be raised as a sinking fund, and for interest of the |