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rial courts to be
Sec, 3. That whenever the records of the proceedings in any action or proceeding now pending and undetermined in any of the District Courts of the Territory shall be transfer. State courts to red to and deposited in the District Courts of the State pur- of pending and suant to the provisions of this Act, the District Court of the undetermined acState to which the same has been so transferred, shall thence-tions in territo
rial courts forth be deemed to have jurisdiction of such action or proceeding, and shall take cognizance thereof and proceed to hear and determine the same ; and from judgments or decrees rendered therein a writ of error may be sued out or an appeal may be taken to the Supreme Court of the State of Minnesota, which shall determine the cause in the same manner as if such judgment or decree had been rendered in the District Court of the State of Minnesota ; and the mandates and all writs necessary to the exercise of the appellate juris- Appellate jurisdiction of the said Supreme Court in such case shall be di-diction rected to the District Court of the State from which the said appeal was taken or to which the said writ of error was directed, and the said District Court shall cause the same to be duly executed and obeyed.
SEC. 4. It shall be the duty of each clerk of the District Court of each county of the State, immediately after the pas. possession of sage of this Act, upon the order of the Judge of his district, clorks of territoto demand of the clerk of the District Court of the Territory
givon up on the of his county, or other person or officer having in his custody order of district or possession, records of the proceedings referred to in the judges—refusal preceding section—the delivery of the said records to be de doomed contempt posited as in and by the preceding section of this Act required; and if such clerk or other person shall refuse to comply with such demand, such refusal shall be deemed a contempt of Court, and the said Judge making such order, is hereby authorized and required to compel the delivery of said records, by attachment or otherwise, according to law.
Sec. 5. That any unfinished business or proceedings now remaining or pending before the late Supreme Court Judges Unfinished busiof the Territory of Minnesota, or either of them, as Judge or Judges of the District Court of said Territory or other posing special duwise, under any general law of the United States or of the ties to be transTerritory of Minnesota, or both, or under any other act or granting special powers or imposing special duties or trusts trust is situated upon said Judge or Judges, be and the same is hereby transferred to the District Judge of the State of the District in which such business or proceedings originated or the subject of the trust is situated, to be proceeded in, finished, decided or executed, in the same manner provided for by the law; and the said District Judge of the State shall have, exercise and
possess the same rights, powers and duties which have been possessed or exercised by the said Judges of the said Territory, so far as may be necessary to enable him to determine, execute and finish any such matter, business, trust or proceeding so pending and unexecuted, or undetermined as
ness before supreme judges im
ferred to judge in district where
aforesaid ; any law of said Territory to the contrary notwithstanding.
Sec. 6. This Act shall take effect and be in force from and after its passage.
President of the Senate. APPROVED—July the twentieth, eighteen hundred and fiftyeight.
HENRY H. SIBI EY. SECRETARY'S OFFICE, Minnesota, I
July 20, 1858, I hereby certify the foregoing to be a true copy of the original on file in this office.
Francis Basses, Secretary.
An Act amending an Act entitled a Bill for an Act re
lating to Public Roads.
SECTION 1. Proceeding necessary to have road laid out or discontinued. (Amendment
to Sec. 4, Chap. 62, of Extra Session Laws.) 2. Manner of determining damages. (Amendments to Sections 9 and 10 of
County Board may appoint.
Be it enacted by the Legislature of the State of Minnesota :
have road laid out or discontinued
Section 1. That the fourth (4) Section of said Act shall be so amended as to read as follows:
Sec. 4. (4.) Whenever any twelve or more freeholders Proceedings to residing in any county, shall wish to have a road laid out,
Lotut altered or discontinued in such county, they may make ap.
plication in writing to the Road Commissioners of the county in which they reside, for that purpose ; and the said commissioners shall proceed to lay out, alter or discontinue such [road,] if, in their opinion, the public good will thereby be promoted; and whenever said road shall be proposed to extend through more counties than one, the said Commissioners shall
notify the Commissioners of such counties of the time and place of meeting, and one Commissioner from each county shall meet at such time and place, and shall proceed to lay out, alter or discontinue such road, if, in their opinion, the public good will thereby be promoted.
Sec. 2. That Sections nine and ten of the Act entitled a Bill for an Act relating to Public Roads, in Chapter sixty-two sec 9 & 10 of chap in the Session Laws passed at the extra session of the Legis-tor 63 extra soslature, in the year one thousand eight hundred and fifty-sev.sion laws en, is hereby amended to read as follows :
Sec. 9. Upon the laying out or altering any road in this State, or in case any road has already been laid out or al. tered, if damages shall be claimed therefor by any owner Damagok may be through whose land the same shall be laid, the amount of determined by such damages may be determined by agreement between the agreeme Commissioners and such owner, provided the damages thus allowed by the Commissioners, shall not, in the aggregate, exceed two hundred dollars in any county, upon any one road so laid out or altered, or heretofore laid out or altered by them. Every such agreement shall be reduced to writ
shall be reduced to WTTU. Agreement to be ing and signed by such owner and the Commissioners, and in writing and filed in the office of the Register of Deeds of the proper coun-filed with register ty; and every such agreement and every release of damages given, shall forever preclude such owner from all further claim for damages.
Sec. 10. If any owner of land through which a road shall pa be laid out or altered, or has heretofore been laid out or al- damages may detered, shall not be satisfied with the sum offered for damages mand jury to by such Commissioner, or if no sum be offered, he may, within thirty days thereafter, apply to a Justice of the Peace of the same, or adjoining precinct, for a jury to assess and appraise such damages, which application shall be in writing, describing the premises; and any number of persons claiming damages on account of such road may join in such ap- Notice to Cum plication. The Road Commissioners shall have at least six missioners days notice of the time and place of such meeting.
Sec. 22. If any organized county or counties shall have failed or neglect to elect the Road Commissioners mention. County Cominised in the first section (of this Act,( at the first general election sioners authoriz. after the passage thereof, the Board of County Commission-od to appoint road ers of such county or counties, shall be, and they are hereby when not elected authorized to appoint said Road Commissioners, who shall bold their offices until the next general election subsequent to such appointment, and for such time till such election shall take place; and the appointment of any Road Commis. sioners of any organized county where no election of such Road Commissioners have been held, is hereby declared legal and valid to all intents and purposes.
Sec. 23. Anything in said Act, or any Act heretofore , passed, inconsistent hereunto, is hereby repealed.
Sec. 24. All roads which have been located under former
Repeal of inconsistent provisions Located deelared
existing laws by county authorities, within this state, since Roads previously the passage of the law authorising the election of Road Com
Blared missioners, approved May 23, A. D. 1857, all roads so located
are hereby declared valid under the provisions of this Act.
Sec. 25. This Act shall be in full force from and after its passage.
RICHARD G. MURPHY,
President pro tem, of the Senate. APPROVED—March eighth, eighteen hundred and fifty-eight.
CHAS, L. CHASE, Acting Governor. SECRETARY'S OFFICE, Minnesota, I
March 8, 1858. 'I hereby certify the foregoing to be a true copy of the original on file in this office,
Cras L. Chase, Secretary.
An Act to provide for the Letting of the State Printing,
Binding and Advertising.
SECTION 1. Proposals to be received for Printing and Birding for State. Specifications
for bids--manner of receiving proposals. 2. Index to Laws, Journals and other documents to be furnished by Secretary
of State ; Laws to be published within pinety days thereafter. 3. Declares Lawr, Journals, Documents and A
awe, Journals, Documents and Advertisements, printed by the
Be it enacted by the Legislature of the State of Minnesota :
Section 1. That the Printing, Binding and Advertising, for the Senate and House of Representa ives, for the Gov. ernor, Secretary of State, Attorney General, State Auditor, State Treasurer, for the School and Banking Departments, and all other printing, binding and advertising, for any and every one of the State officers which are now or may hereafter be created, and which may or shall be done under the authority and at the expense of the State of Minnesota, shall hereafter be done as follows: The State Auditor shall, on
the first Monday in July next, and biennially thereafter, forward by mail, for publication in one or more papers printed Public notice for in each Senate District of this State, a notice specifying, as propos nearly as may be estimated, the kinds, character and quantity of printing, binding and advertising which will be required to be done for the State during the term of two years therein designated, and that on or before the first Monday in August Length of connext ensuing, and up to 12 M. of said day, the said Auditor tract will receive proposals from any person or persons actually engaged in the business of printing, publishing and binding, or either, within this State, for the execution of the said printing, binding, and advertising, or any portion of said printing, binding or advertising so required to be done ; each of which said proposals shall be accompanied by a sworn statement to be made by the bidder or bidders, specifying the place where such printing, binding and advertising, or any portion thereof so bid for will be performed, and the facilities possessed by him or them for the execution thereof, together with the Sworn statement name and circulation of the paper in which the advertising of will be published ; and at the expiration of the time limited in said notice for receiving such proposals, the Auditor shall Advertising-cir.
**culation of paper open the same, and award the said contract or contracts for said printing, binding and advertising to the lowest and best bidder or bidders for the whole or any portion of said Award of contract printing, binding or advertising for said term of two years specified in said public notice : Provided, however, That no proposal shall be considered by the Auditor from any person Proviso or persons not actually engaged in such business of printing, publishing or binding, respectively, within the State, and that the bidder or bidders shall enclose with his or their proposals, a guaranty of such form and amount as shall be prescribed by the Auditor, that the person or persons making Bonds to accomsuch bid or bids, will, if the same be accepted, enter into a contract according to the terms thereof, and give security in a bond to the people of the State of Minnesota, in a penalty not less than double the estimated sum to which the contract 30 awarded will amount, to be determined by the Auditor, the form of which bond shall be prescribed by, and the sureties of which shall be satisfactory to such Auditor, conditioned for the faithful performance of the requtrements of such contract; which bond, together with the contract, shall be deposited in the office of the Secretary of State : Provided, further, That nothing herein contained shall be construed to pre interfere with the rights, emoluments and duties of the prese rights of present ent State Printer, the Incidental Printer of the two Houses, state printer and and the State Binder, during the term for which they have bi been respectively elected.
Sec. 2. The Secretary of State shall annually cause indexes to the Laws, Journals and Documents of the two Indeze
& Journals-pubHouses to be prepared as soon as practicable after the ad-lication of laws journment of each session of the Legislative Assembly, and &c
pany each bid
Proviso as to