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Assessment and collection of tax

Default or neglect to make as

tor to extend

time

State debt under the provisions of an act entitled "An Act to authorize a loan of two hundred and fifty thousand dol lars, to defray the current expenses of the State," Approved March 13th, 1858.

SEC. 2. It shall be the duty of the proper officers of the several counties in the State to assess and collect said tax in their respective counties, and pay the same over to the Treasurer of State, in the manner and time prescribed by law.

SEC. 3. That in cases whereby default, delay or negligence of any county or township officer or officers, entrusted by law sessment-audi. with the duty of assessing and collecting taxes, such taxes in any county have not been or shall not be hereafter assessed or collected, and paid into the Treasury of the State, or of the several counties and townships respectively, in accordance with existing laws, then, and in such cases, it is hereby made the duty of the Auditor of State, to extend the time for the assessment and collection of said taxes, and to require the proper officers to enter upon and discharge the said duty of assessing and collecting the taxes prescribed by law at the earliest possible period thereafter, and in case of continued default or negligence on the part of such officers, appoint other competent persons in their stead to discharge the said duties.

Penalty for de fault or neglect

of officers

SEC. 4. Any county or township officer upon whom the duty of assessing or collecting taxes is imposed, who shall, by default, delay or negligence, fail to discharge the trust imposed upon him by law, shall be deemed guilty of a misdemeanor, and upon conviction thereof, he shall be punished or imprisoned, or both, at the discretion of the Court. SEC. 5. This Act shall 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 twelfth, one thousand eight hundred and fifty-eight.

SECRETARY'S OFFICE, Minnesota, I

August 12, 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 LXXXIII.

An Act to provide for the election of United States
Senators for the State of Minnesota.

SECTION 1. Election of United States Senators, when to be made by Legislature.

2. Manner of proceeding in Joint Convention,

3. Manner of taking the vote. Certificates of Election, by whom made.

4. Notice of election to be given by Governor. Provision in case of non-ac-
ceptance of office.

5. This Act to take effect on passage.

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

Senators

SEETION 1. That on Saturday, the nineteenth day of December, A. D. 1857, at twelve o'clock, M., and thereafter on the Time of election first Tuesday of January next, before the expiration of the of United States time for which any Senator or Senators were elected to rep resent this State in Congress, if the Legislature be then in session and if not then within ten days after a quorum of both Houses shall be assembled at the next meeting of the Legislature, the Senate and House of Representatives of the State of Minnesota shall meet in joint convention in the Hall of the House of Representatives to elect a Senator or Senators to represent the State of Minnesota in the Senate of the United States, and when so assembled may adjourn from day to day, but shall not adjourn sine die until after such Senator or Senators are elected.

Proceedings in

SEC. 2. On the assembling of the Joint Convention, as provided for in the preceding Section, the Speaker of the House of Representatives shall call the Convention to order, joint convention and preside over the Convention. The Clerk of the House shall then call the roll of the Joint Convention, and upon a majority of members being present, the Convention shall then proceed to the election of one or more Senators to the United States Senate, as the case may be, and the person or persons receiving a majority of all the votes cast, shall thereupon be declared to have been duly elected as Senator or Senators, to represent the State of Minnesota in the Senate of the United States.

-certificate of

SEC. 3. At all elections in this State for United States Senator or Senators, the vote shall be taken viva voce, and Manner of voting the Clerk shall enter each vote upon his Journal, and upon election by whom the final declaration of the vote by the Speaker, a certified made copy of such election shall then be signed by the President of the Senate and the Speaker of the House, and attested by the Secretary of the Senate and Chief Clerk of the House, and within three days thereafter, said certificate of election.

to be given by

governor

duly signed and attested as herein provided, shall be presented by the Speaker of the House of Representatives, to the Governor for his signature; and upon the signature of the Governor being attached to said certificate of election, the same shall be delivered to the person or persons entitled to receive it under and by virtue of this Act.

SEC. 4. Upon the election of any person to the office of United States Senator, it shall be the duty of the Governor Notice of election to notify, in writing, such person of his election; whereupon such person so elected shall notify the Governor in writing, his acceptance or rejection of such office. And in the event of his refusal to accept said office, then said office shall be declared vacant, and the Governor shall issue a writ for a rew election; and if, at the time of such vacancy being declared, the Legislature should be in session, they shall at - once proceed to an election of United States Senator, and in case of a vacancy occurring in the office of Senator of the Senate of the United States for this State during a vacation of the Legislature, the Governor of the State shall appoint some person or persons to fill such vacancy, until the next meeting of the Legislature.

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

J. S. WATROUS,

Speaker of the House of Representatives.

R. G. MURPHY,

President pro tem. of the Senate.

APPROVED December eighteenth, one thousand eight hundred and fifty-seven.

SECRETARY'S OFFICE, Minnesota,}

December 18,

S. MEDARY.

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

CHAS. L. CHASE, Secretary.

CHAPTER LXXXIV.

An Act to encourage the organization of Fire Companies.

SECTION 1. Members of Fire Companies to be exempt from military or jury duty, and

work upon the highways.

2.

Five years service in a Fire Company, to exempt forever thereafter from military or jury duty, and work on roads.

3.

Certificate of such service to be received as prima facie right to exemp tion herein before mentioned.

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

SECTION 1. That any person who is now, or shall hereafter

Members of fire

or work upon

be an acting member of any fire engine, hook or ladder, hose, or any other company for the extinguishment of fire, or the companies exprotection of property at fires, now existing and in active empt from milioperations under the control of the corporate authorities of tary or jury duty any town, city, or villiage in this State, shall, during the highways time he may continue an acting member of such company, be exempted from the performance of military duty in time. of peace, from labor on the highways, and from serving as a juror; Provided, That the privileges aforesaid shall not be extended to any but active duty members, furnished with all the apparatus or equipage necessary, and all other members who have become disabled from serving as firemen, while in the discharge of their duties as such; And provided also, That such members shall not be deprived of said privileges in consequence of temporary absence from the place where such company may be located for a period of six months; provided it was the intention of such absentees to return and continue their duties in said company.

exempt as above

SEC. 2. That any person who shall have been such member of any such companies as are described in the preceding Section, and shall have faithfully discharged his duties as such, Five years service for the term of five years, shall be forever thereafter exempt forever frrm the performance of military duty in time of peace, from labor on the highways, and from serving as a juror, so long as such person shall remain a resident of the city or town wherein he became so exempt as aforesaid; Provided, That his said five years' service shall not be construed to mean only five consecutive years in the same company, but may consist of different periods of service, either in the same or in different companies, at different times, in all amounting to five years.

SEC. 3. That any person who has served five years shall be entitled to receive from the President or Foreman of the Certificate of

such service to be

company, or companies of which he shall have been a mem- prima facie evi. ber, a certificate or certificates to that effect, specifying the dence to exemp length of time he shall have served; and on presentation of said tions mentioned certificate or certificates to the Clerk or Recorder of the proper city or town, it shall be the duty of the said Clerk or Recorder to file the same in his office, and give his certificate, under seal, to the person entitled thereto, setting forth the name of the company or companies of which such person shall have been a member, and the length of time he has served in each company; and such certificate shall be received in all Courts and places as prima facie evidence that said person is entitled to the exemption hereinbefore mentioned.

SEC. 4. This Act shall take effect 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.

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.

Secretary of state to prepare legislative halls

Evidence of mem.

CHAPTER LXXXV.

An Act to provide for the Organization of the Legislature.

SECTION 1. Secretary of State to prepare the Legislative halls for meeting of Legisla

ture.

2. Certificate of Election from Register of Deeds to be prima facie evidence

thereof for purposes of organizing the Legislature.

3.

Manner of organizing the Senate.

4. Officers to be elected.

5. Term of office for officers of Senate.

6. Organization of the House of Representatives.

7. Officers of the House to be elected.

8. Oath of office to be taken by all officers.

9. Term of office for officers of House.

10. Appointment of messengers for both Houses.

11. In elections for officers, a majority of votes cast necessary for a choice.

12. Proceedings to obtain a quorum of members.

13. Repeal of acts inconsistent.

14. Act takes effect on passage.

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

SECTION 1. That immediately previous to any regular, adjourned, or called session of the Legislature, it shall be the duty of the Secretary of State to cause the halls in which the Senate and House of Representatives are expected to hold their sessions, to be suitably prepared for that purpose.

SEC. 2. That the certificate of election, from the Register of Deeds of the proper county, shall be held and considered bership for eigan- as prima facie evidence of the right to membership of the person certified therein to be elected, for all purposes of organization of either branch of the Legislature.

isation

SEC. 3. That at the hour of twelve o'clock, M, on the day appointed for the convening of any regular session of the Legislature, the President of the Senate, or in the case of his

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