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said bridge is to be built, shall be owned by said company, or that they obtain in writing the consent of the owner or owners of the banks where the said bridge is to be erected, to erect the said bridge as aforesaid, unless the said banks at such points be a public highway.

Sec. 2. That the corporations herein named shall open the books of said company for subscription to the capital stock

of said bridge, and so soon thereafter as ten per cent, of the Capital stock-, capital shall be subscribed, they shall call a meeting of the election of directo 078 and oflicers persons who have subscribed stock as aforesaid, and shall

then and there proceed to elect five directors, who shall be stockholders in the said company, who shall hold their offices as such directors for one year from and after said election, and until their successors are elected and qualified, one of whom shall be President, and one Treasurer, and one Secretary, to be named on the tickets when voted for by the stockholders as aforesaid. Each stockholder shall be entitled to one vote for each and every share of stock that he may own, and after the first election, no stockholder shall be entitled to a gieater number of votes, than the number of shares that he may have paid into said company.

Sec. 3. That the Treasurer of said company, before enter

ing upon the duties of his office, shall enter into a bond with Duties of treasur good and sufficient security, to be approved of by the

said Board of Directors, payable to the said company, conditioned for the faithful performance of all and singular the duties of said office, and that he will well and truly account for and pay over to the said company, all moneys and property that shall from time to time come into his hands by virtue of his said office, and that he will use due and proper diligence to collect all moneys and demands, that from time to time shall be due and owing to the said company, which shall be his duty by law to colle&t.

Sec. 4. The President shall preside at all meetings when Daties of prest present, and not otherwise incapacitated, in which case or in dont

case of his absence, the Board of Directors shall choose a President from among their number, who shall perform the duties of the President at such meeting, and perform such other duties as may from time to time be pointed out by the by-laws and the rules of said company.

Sec. 5. The Secretary sball keep a record of all meetings

of the Board of Directors, and other proceedings of said comDatles of secre- pany, not required to be performed by any other officers of

the said Board, and perform such other and further duties as may be assigned him from time to time, by the rules and bylaws of the said company.

Seč. 6. That the said company shall have power from May make by. time to time, at any regular meeting of the Board of Directors,

to make, alter or change such by-laws and rules for the gov. ernment of the said company.

Sec. 7. That the company previous to receiving any tolls

Compensation of officers

upon said bridge, shall set up and keep in a conspicuous Rates of toll-by place on the said bridge, a board, on which shall be written, whom fixed painted or printed in a plain and legible manner, the rates of toll, which rates of toll shall have been prescribed by the District Court of the proper county ; and if any company shall demand and receive any greater rate of tolls than the rate prescribed by said Court, they shall be subject to a fine of ten dollars.

SEC. 8. That the compensation of the President and other officers of such company, shall be regulate'l and fixed by the rules and by-laws of such company from time to time.

Sec. 9. This Act to take effect from and after its passage, and all Acts inconsistent with this Act are hereby repealed.

GEORGE BRADLEY,
Speaker of the House of Representatives.

WILLIAM HOLCOMBE.

President of the Senate. APPROVED ——July the twenty-third, one thousand eight bundred and fifty-eight.

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

July 23, 1858. I hereby certify the foregoing to be a correct copy of the original on file in this office.

Francis Baasen, Secretary.

CHAPTER XCVI.
An Act to amend Sec. 4, of Chapter 75, of the Revised

Statutes.

SBOTION 1. Amendacent to Rovised Statutes relating to Foreclosaro of Mortgagen

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

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Sec. 1. That Section 4, of Chapter 75, is amended so as. to read as follows :

Amendment tol Sec, 4. Notice that such mortgage will be foreclosed by rovised statates sale of the mortgaged premises, or some part of them, shall relating to fora Je given by publishing the same for six successive weeks at sages

closure of mortleast, once in each week, in a newspaper of the county where

the premises intended to be sold, or some of them, are situated, if there be one, if not, then in the nearest paper in one of the adjoining counties.

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 of State.

CHAPTER XCVII.
An Act to amend an act, entitled An Act prescribing

rules and regulations for the execution of the trusts
arising under the Act of Congress, entitled An Act for
the relief of citizens of towns upon lands of the Uni.
ted States, under certain circumstances," approved
March 3, 1858.

SECTION 1. Amendment to sec. 5, providing for adjustment of rights between adverse

claimants to land. 2. Act to apply to cases pending in Courts of the State, and to take effect on

passage.

Amondment to

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

Section 1. Sec. 5, of an act of the Legislative Assembly

of the Territory of Minnesota, entitled “An Act prescribing section 5, provid.rules and regulations for the execution of the trusts arising ing for adjust under the Act of Congress, entitled An Act for the relief of ment of rights

he citizens of towns upon lands of the United States under cerclaimants to land tain circumstances," is amended so as to read as follows:

Sec. 5. In case there shall be adverse claimants to such 9 , lands, or to any part, parcel or share thereof, and the contro. .!! versy shall not be settled by agreement in writing, between

the parties thereto, such controversy may be determined by voluntary submission thereof in writing, by the parties to

between adverse

reference or arbitration, and by the written award or determination of the referees or arbitrators. In case any such

stment of controversy shall not be so settled or determined within three Ad months from the time of the entry of the land, either of the adverse claim. claimants may bring a civil action against the adverse claim-ants ant or claimants, in the District Court of the judicial district, and in the county in which the lands shall be situated; Provided, always, That no Judge of the District Court of this State, who has been or is an adverse claimant, directly or indirectly, of any portion of the lands embraced within such town, or who is a party to any action brought to determine the right to a conveyance of any portion of the lands within such town, shall entertain, or hear, or determine any proceeding, interlocutory or final, in any action brought to determine such adverse claims to any portion of such lands, by or between any parties whatsoever, but shall order such proceeding or trial to be taken and had before the Judge of another judicial district, whose duty upon such order it shall be to appoint a term in the county and district where such proceedings originated, for such purpose; Provided, also, That the laws applicable to a change of venue shall apply to actions brought under this Chapter; And provided also, That nothing in this Act shall prevent the District Judge of the district in which any such lands are situated, from executing any and all conveyances of such lands, pursuant to the determination of such action. The lots, parcels or shares, and the interest or estate therein, which a party to such action as is herein provided for, claims to be entitled to, shall be stated in the complaint therein, and the fact shall be alleged that the defendant claims some interest or estate in the said lands, or some portion thereof. The defendant shall answer the complaint within twenty days after the service of the summons and complaint upon him, and he may in such answer, disclaim any interest or estate in the lands described in the complaint, or any portion thereof; and in such cases the answer shall determine the action in favor of the plaintiff to the extent of such disclaimer. In case any defendant in such action shall deny the plaintiff's right or claim in the lands, or in any part, parcel or share of the lands described in the complaint, he or she shall specify his or her right, interest or estate which he or she claims therein, or the answer, to the extent of such denial, may be stricken out on motion of the plaintiff, and judgment rendered in his favor. The pleadings in such actions shall be verified by affidavit, in the same manner and to the same extent as in other civil actions, and they shall be construed with reference to the substance thereof, disregarding all technical or formal defects, not affecting the substance or merits of the matters in controversy therein. Sec. 2. This Act shall apply to all actions now pending

and to take effoct

Act to apply to in the Courts of this State, and shall take effect from and cases pending in after its passage. courts of the state

GEORGE BRADLEY, on pafuage

Speaker of the House of Representatives.

WILLIAM HOLCOMBE,

President of the Senate. APPROVED--August tenth, one thousand eight hundred and fifty-eight.

HENRY A. SIBLEY. SECRETARY'S OFFICE, Minnesota, L

August 10, 1858. 5 I hereby certify the foregoing to be a true copy of the original on file in this office.

Francis BAASEN, Secretary of State.

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