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except on judgments confessed: Provided, The complainant on the part of the State, or the defendant shall in all cases give notice of their intention to take such appeal, at the time of the rendition of such judgment, and within ten days thereafter enter into bonds, in accordance with the statute in such case made and provided.
SEC. 26. It shall be the duty of any constable into whose hands any execution shall come forthwith to proceed to levy the same, endorsing on the back of the execution the date of Constable's duty such levy, and making an exact inventory of the property on on receiving exewhich the same shall have been levied; and shall appoint au day and hour for the sale of such property, giving ten days' previous notice of the place and hour between the hours of nine o'clock A, H., and four o'clock p, M., by advertisement in writing, to be posted up in at least three of the most public places in the neighborhood, and on the day so appointed, the said constable shall sell the property so levied on, or so much thereof as may be necessary to satisfy the execution, to the highest bidder for cash, and make return according to law.
Sec. 27. The Constable shall pay over the debt to the county treasurer, and take duplicate receipts therefor, and
on satisfaction of file one with the auditor of the county funds, and the other execution return with the execution to the Justice who issued it, with all costs, and the Justice upon the receipt of such fees, shall, when called upon, pay the same to the person entitled thereto.
Sec. 28. Justices shall have discretion to hold defendant in custody a reasonable length of time to procure witnesses, Procurement of not to exceed three days. But no continuance can be granted unless a recognizance is entered into with good security.
Sec, 29. When any juror or witness shall, after being duly served with process, fail or refuse to attend according Fai
od nordlin Failure of jurors
or witnesses to to law, it shall be the duty of the Justice to issue an attachment at the request of the party requiring the attendance of such witness or juror before the first or second Justice of the Peace, as provided in this Act, directed to any constable of said county, commanding him forthwith to bring before such Justice the body of such juror or witness, to show cause why he should not be fined for such contempt, and on the appear. Attachment ance of such juror or witness, on such attachment, it shall be lawful for the Justice of the Peace to fine him in any sum not less than one dollar, nor more than ten dollars, or wholly discharge him if satisfactory excuse be made.
The following fees shall be allowed to the officers, jurors, and witnesses, under this Act, to wit:
For each additional one,........
5 Cents. For each venire, ..................... For administering an oath, ..........! For docketing each suit and filing all papers For entering each verdict of a jury,..... For entering each judgment,...... For each continuance,.............
10 " For recognizance,....... For order for appeal,....... For appeal bond, ...... For each transcript certificate with all papers sent to a Justice or Clerk,....................... $1,00.
office to the residence of defendant or any wit-
............ 10 i For attending jury trial, ............... For advertising property on sales, .......
For selling property, ten per cent, on all sales of fifty dol. lars and under, and five per cent. on all sums above that amount.
For taking defendant to jail, both going and coming from the Justice's office to the prison or jail, ten cents per mile.
For serving attachment on juror and witness, each, twenty-five cents.
JURORS' FEES. To each juror per day,.....
.. 75 cents. WITNESS FEES. For each witness per day,......
. 75 cents. All the foregoing fees shall be taxed against the defendant, if found guilty.
Sec. 30. This Act shall take effect, from and after its passage.
RICHARD G. MURPHY.
President pro tem. of the Senate. APPROVED-March twentieth, eighteen hundred and fiftyeight.
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,
An Act to provide for the location of the County Seat in the counties of this State.
SECTION 1. Petition of one-half of voters of a county to authorize an election on
within twenty days.
Be it enacted by the Legislature of the State of Minnesota :
Section 1. That when a number of legal voters of any Petition for rote county in this State equal to one-half the highest number of votes cast at the next preceding general election, in such county, shall, at least thirty days previous to the next ensuing election, petition the County Commissioners of such county to be allowed to vote on the removal or location of the County Seat of such county, to any point within such county, the said Commissioners shall cause to be inserted in Commissioners the notices for the next general election, an article requiring to give notice of the voters of such county to vote on the removal of the County You
vote Seat to the point named in the petition. That only one point of removal shall be voted for in each year, and that point shall be the one presenting the largest number of petitioners : One point of re Provided, That the same point was not voted for at the last for
o moval to be voted preceding election, and that it shall be lawful for said peti. tioners to deposit any sum of money or bonds, with the Money may be do County Treasurer, which they may propose to donate for the nated to county erection of public buildings at the point petitioned for. sea
Sec. 2. The voters of any county so notified, shall vote at the next general election on the removal of their County Seat, by ballot, written or printed, as follows: "For County Ballot-form of Seat at — " ( filling the blank with the place named in the petition, ) or “Against County Seat at " (filling the blank as above,) and if a majority of the votes cast are for the point named in the petition, then that place shall be the County Seat, otherwise the County Seat shall remain as above.
Sec. 3. The votes for and against the removal of the Canvass of vote County Seat shall be returned and canvassed in the same manner as the votes for county officers.
Sec. 4. No County Seat in any county in this State shall This sct id.com be removed in any other manner than that prescribed in this ern all changer Act ,except by the amendment or repeal of this Act.
Sec. 5. If, on canvassing the votes, a majority of them to remove to new are found to be in favor of removal, then all the county offi. location cers who are required to hold their offices at the County Seat,
shall, within twenty days after such canvass, move their offices to the point so elected as the County Seat.
Sec. 6. All special acts passed by this Legislature pro
viding for submitting to a vote of the people the removal of Special acts of this session re. the County Seat, in any county in this State, organized pre
vious to the first day of December, A. D. 1857, are hereby repealed.
Sec. 7. This Act shall take effect from and after its passage.
RICHARD G. MURPHY,
President pro tem. of the Senate. APPROVED—March eighteenth, one thousand eight hundred and fifty-eight.
CHAS. L. CHASE, Acting Governor. SECRETARY's OFFICE, Minnesota,?
March 18, 1858. I hereby certify the foregoing to be a true copy of the original on file in this office.
Chas. L. Chase, Secretary.
An Act for the Protection of Game.
SECTION 1. Prohibits killing of Deer and Elk between first of February and first of
September-Penalty. 2. Prohibits killing of Grouse, Prairie-chickens. Partriige or Quail from the
fifteenth of February to the fifteenth o: July. 3. Act takes effect on passage.
Be it enacted by the Legislature of the State of Minnesota:
Section 1. That if any person shall, within this State, Killing of deer or kill any deer or elk between the first day of February and elk-penalty
- the first day of September following, he shall, for every such
offense, forfeit and pay the sum of fifteen dollars, to be col. lected by a civil action before any Justice of the Peace hav. ing jurisdiction thereof, which sum so recovered, shall be paid by such Justice to the proper officer, for the use of common schools in the school district where the offense was committed.
Iling of grouse
Sec. 2. If any person shall, within this State, shoot, trap or kill in any manner, any grouse, prairie-chicken, par-&c-penalty tridge or quail between the fifteenth day of February and the fifteenth day of July following, he shall for every such offense, forfeit and pay the sum of five dollars, to be collected in the same manner and paid over to the same use as is provided in the preceding section.
Sec. 3. This Act shall take effect from and after its passage.
RICHARD G. MURPHY,
President pro, tem, of the Senate. APPROVED--March eight, eighteen hundred and fifty-eight.
CHAS. L. CHASE, Acting Governor. SECRETARY'S OFFICE, Minnesota, l
March 8, 1858. I hereby certify the foregoing to be a true copy of the original on file in this office,
Chas, L. CHASE, Secretary.
An Act to provide for the Qualification of Clerks of the
SECTION I. Clerks of Court to take oath of office-form of oath.
tory of Minnesota.
Be it enacted by the Legislature of the State of Minnesota :
Section 1. That any person who has been or who shall hereafter be elected to the office of Clerk of the District Court in this State, shall, before entering upon the discharge Clerk of court to of the duties of bis office, take and subscribe to an oath or take oath affirmation of office before a Justice of the Peace, or some other person authorized by law to administer oaths, which oath or affirmation shall be in the following form, to-wit: I
- do solemnly swear (or affirm, as the case may be,). to support the Constitution of the United States, and of the State of Minnesota, and faithfully ard impartially discharge the duties of the office of Clerk of the District Court for the
Form of oath