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APPROVED-March twentieth, one thousand eight hundred

and fifty-eight.

CHAS. L. CHASE, Acting Governor.

SECRETARY'S OFFICE, Minnesota,

March 20, 1858.

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

CHAS. L. CHASE, Secretary.

CHAPTER XVII,

An Act to prevent trespass on School, University, Swamp and Internal Improvement Lands.

SECTION 1, Trespass upon School, Swamp, or Internal Improvement Lands, to be pros

ecuted on view or information,

2. Penalty for cutting timber or grass.

3. Penalty how to be recovered.

4. Penalty against township officers, for failure to prosecute violations of this sot.

5.

Suits to be brought within one year after cause of action.

6. Justices of the Peace to exercise jurisdiction in all cases where damages do not exceed one hundred dollars.

7. Suits to be commenced before Justice in county where trespass is committed. 8. Form of complaint under this act.

9. Form of warrant under this act.

10. Special constables may be appointed to serve warrant.

11. Date and manner of service to be endorsed on warrant.

12. Justice may transfer hearing of case to next nearest Justice, on oath of defendant for cause.

13. Form of Subpoena for witnesses.

14. Service of Subpoena.

15. Six jurors to be summoned-right of challenge-additional jurors.

16. Jury may be waived by defendant.

17. Form of service for jurors.

18. Hearing of testimony and arguments,

19. Verdict of the jury, form of.

20. Record of verdict upon docket.

21. Justice to hear and decide the case, where jury is dispensed with,

22. Execution to be issued on rendition of verdict.

23. Execution not satisfied, defendant not committed to jail-to be allowed two

dollars for each days' imprisonment, to be applied to payment of damages.

24. Execution, form of.

25. Appeals, how made.

26. Constable, duty of on receiving execution.

27. Constable, duty of on collecting the debt.

28. Witnesses, time to procure-defendant may be held in custody.

29. Attachments, how issued, on failure of juror or witness to attend. Fee bill. 30. Act takes effect on passage.

Be it enacted by the Legislature of the State of Minnesot a:

SECTION 1. That it is hereby made the duty of the County

Commissioners, and Sheriffs in their respective counties, and of Justices of the Peace, and Constables in their respective precincts, in the name of the State of Minnesota, to prosecute upon view or information, all persons who shall, after the passage of this Act, commit any trespass on lands grant. ed to this State by any act or resolution of Congress, for the use or support of Schools or Universities, or for internal improvements.

Prosecutions for trespass

Cutting hay

SEC. 2. If any person shall, under pretence of any lease or otherwise, cut fell, box, bore, destroy, or carry away any tree or sapling, standing or growing, or any fallen or dead cutting timber timber upon any lands within this State, reserved, appropriated or intended by any act or resolution of Congress, either for the use and support of Schools, or for the use and support of any University or College, or for any public buildings, or for internal improvements, or shall cut and carry away any grass or hay, such person shall for each and every such trespass, forfeit and pay the sum of fifty dollars. Provided al-Penalty ways, that nothing in this Act shall be so construed as to prevent any actual settler from the enjoyment of his or her improvements.

SEC. 3. The penalties provided in the above preceding sections shall, and may be recovered with all costs of suit under this Act, in any action of debt, in the name of the State Recovery of penof Minnesota, before any Justice of the Peace, when the' amount does not exceed one hundred dollars damages, and the costs, taxed as hereinafter provided in this Act.

alty

cute--penalty how recovered

SEC. 4. If any county or precinct officer, or any township officer, either in the civil or school towns or townships here- Failure to proseafter created, shall fail to prosecute for ten days after notice in writing given to them, with the names of witnesses, sufficient to prove a trespass, shall forfeit and pay the sum of twenty-five dollars to the county school fund of each county in which a trespass was committed, to be recovered by action of debt before any Justice of the Peace; it shall be lawful for any person to enter complaints for any breach of this Act. SEC. 5. All suits under this Act shall be brought within Limit of time of one year after the cause of action occurred, and not after. commencing suit SEC. 6. That Justices of the Peace shall have jurisdiction in all cases arising under the provisions of this Act, in any sum not exceeding one hundred dollars damages, and costs of suit.

Jurisdiction of justices of the peace

SEC. 7. All suits under this Act shall be commenced be- suits to be prosfore a Justice of the Peace in the county in which the trespass is alleged to have been committed.

:

SEC. 8. All complaints shall be under oath and filed with
the Justice in the following form as near as may be, to-wit
STATE OF MINNESOTA,
County. S

states under oath, that a trespass has been
committed on or about the
day of

ecuted in county where offence is committed

, A. D. 18

Complaint-form

, of

Warrant-form of

Service of warrant

Manner of service

on oath of defendant

(here describe by the proper numbers, the lot of land on
which the trespass was committed,) in the county of
and State aforesaid, one did (here describe what was done
that constitutes the trespass under this Act,) and alleging
one act, shall give the right to prove all or any trespass under
act, upon any lands referred to in Section two, of "An Act
to prevent trespass on school, university, or internal improve-
ment lands," approved
A. D. 18, and that the
deponent verily believes
trary to the form of the

me, this

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is guilty of the same, constatute in such [case] provided.

, complainant, sworn to and subscribed before day of

18

J. P.

SEC. 9. Upon the filing of any such complaint before any Justice of the Peace of the proper county, together with the names of plaintiff's witnesses, it shall be his duty to issue a warrant in the following form as near as may be :

STATE OF MINNESOTA,

County.

The State of Minnesota to any Constable [of said county ] greeting.

You are hereby commanded to take the body of

if

to be found in your county, and forthwith bring him before
me at my office, then and there to answer the State of Minne-
sota in an action of debt, under Section two of "An Act to
prevent trespass on school, university, and internal improve-
ment lands," approved
A. D. 18
J. P.
SEC. 10. If no Constable is present, the Justice can and
is hereby authorized to deputize a special Constable to serve,
in that case only, by endorsing such appointment on the back
of the warrant under his hand.

SEC. 11. Upon the return of such warrant, it shall be the duty of the Constable serving the same, to endorse thereon the date and manner of the service, with his fees, as hereafter specified.

SEC. 12. Previous to the commencement of any trial before a Justice of the Peace, the defendant may make oath, that it Change of venue is the belief of such deponent that he cannot have an impartial trial before such Justice: whereupon it shall be the duty of the Justice immediately to transmit a copy of his docket, Duty of jurors together with all papers and documents belonging to the suit, to the nearest Justice of the Peace of his county, who shall proceed as if the said suit had been originally instituted before him. And it shall be the duty of all jurors, witnesses and parties, to go forthwith before such Justice to whom the papers are sent.

witnesses &e

SEC. 13. When either party shall require the attendance of a witness, in any suit pending before a Justice, it shall be his duty to issue a subpoena in the following form, as near as the case will admit, to-wit:

STATE OF MINNESOTA,

County.

The State of Minnesota, to

: You are hereby

commanded to appear before me, at

A. D., 18, at

on the

day of
o'clock, then and there to
testify to the truth in a matter in suit, wherein the State of

Minnesota is plaintiff, and

is defendant, and this you

day of

J. P.

are not to omit under the penalty of the law. Given under my hand and seal this

A. D., 18

Subpana

EC. 14. Which subpoena may be served by a constable, service thereef or any other person, by reading the same to the witness, but no mileage shall be paid except to the constable.

Summoning ju

ΤΟΤΗ

SEC. 15. When a warrant shall be executed, by bringing the defendant before a Justice, it shall be his duty to issue his writ, directed to any constable, commanding him to summon six jurors, who are legal voters, any two of whom defendant may object to without cause, whereupon the Justice Challenge shall order the constable to summon two others from the bystanders, or others, and if defendant object, and show cause, Additional jurom the Justice may, in his discretion, strike from the list and add thereto until six good and lawful jurors shall appear on the list, who shall be sworn to try the cause according to evidence.

SEC. 16. The Justice shall not cause a jury to be summoned unless the defendant shall demand a jury.

No jury unless demanded by de tendant

SEC. 17. In all cases when a jury is demanded, the party demanding shall advance the fees, the Justice shall Form of venire issue his venire as follows, to wit:

STATE OF MINNESOTA,

County.

State of Minnesota, to any constable in said county, greeting:

You are hereby commanded to summon six good and lawful men of your county, legal voters, and who are not of kin to nor prejudicial against

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defendant, to appear before the subscriber, a Justice of the Peace, at his dwelling house, (or office as the case may be,) in said County, on the

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day of
to make a jury for the

day of

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SEC. 18. After the jury shall have been empaneled and Hearing sword as aforesaid, and the parties are ready for trial, the Justice shall proceed to examine all the testimony and argu ments of counsel against, as well as for the defendant, and after hearing the same, the jury shall retire to consider of their verdict in charge of a constable, who shall, as soon as dict they agree, return them into Court, and it shall be the duty of the Justice to receive their verdict.

SEC. 19. The verdict of the jury shall state guilty or not guilty, and if guilty, particularly the extent of the same, and what acts of defendant are proved to be a trespass under Section two of this Act.

Making up ver

Form of verdict

Record thereof

tice to hear and

decide

SEC. 20. And the Justice shall receive and record the verdict of the jury in his docket, and enter a judgment according to the finding thereof, under the provisions of this Act.

SEC. 21. In all cases where the defendant shall dispense No jury the jus- with a jury, it shall be the duty of the Justice, after the parties are ready for trial, to proceed to hear all the proof and allegations of the parties, together with all the arguments against and for the defendant, and to assess the damages, and to render a judgment in dollars and cents, according to the evidence under this Act, and record the same in his docket book.

Execution-when returnable

Levy-if no per

sonal property defendant to be

committed to jail

Provision for re

SEC. 22. Upon the rendition of judgment as aforesaid against the defendant, the Justice shall issue an execution forthwith, directed to any constable of the county, and made returnable within thirty days from its date.

SEC. 23. Such execution shall be levied on personal property, but if no personal property be found, then in that case the constable shall take the body of the defendant, and convey him to the common jail of the County, there to remain until the execution shall be paid and satisfied. Pro vided, That defendant shall be allowed two dollars for [every] twenty-four hours until such debt and all costs shall lease-costs to be be paid at that rate, which shall fully discharge defendant paid by counties from all liability for debt and costs, and in case of such dis charge therefrom by the jailer, it shall be the duty of the County Commissioner's Court to pay all costs in such case to the Justices, constables and witness out of any moneys in the county treasury not otherwise appropriated, as they may by law be entitled to.

Execution-form

of

Appeals

SEC. 24. The execution shall be in the following form as near as may be, to wit:

STATE OF MINNESOTA,

SS.

The State of Minnesota, to any constable of said County, greeting:

of

You are hereby commanded that of the goods and chattels in your county, you make the sum of

debt, and
lately recovered
said

costs, which the State of Minnesota before me in a certain plea, against the and hereof make a return to me within this date, and if no goods or chattels can be found, or not sufficient to satisfy this execution, you are further commanded to take the body of the said

thirty days from

if he can be found within the State of Minnesota, and con-
vey him to the common jail of the said county, there to re
main until this execution shall [be] satisfied and paid.
Given under my hand this day of A. D. 18.
J. P.

SEC. 25. Appeals from judgments of Justices of the
Peace to the District Court, shall be granted in all cases,

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