SEC. 41. When any convict shall be delivered to the Warden, the officer having such prisoner in charge shall deliver to the Warden a certified copy of the sentence received by such officer from the Clerk of the Court, and shall take from the Warden a certificate of the delivery of such convict, and such certified copy of the sentence shall be evidence of the facts therein contained. Certified copy of sentence victs-reward SEC. 42. When any convict shall escape from the prison, it shall be the duty of the Warden to use all proper means for the apprehension of such convict, and for this purpose, Escape of conshall offer a reward not to exceed one hundred dollars and not less than twenty-five dollars; Provided, That if such escape was by reason of the negligence of the Warden or any officer under him, the reward thus offered shall be paid by the Warden. SEC. 43. All suitable rewards and other sums of money Payment of renecessarily paid for advertising any convict, shall be auditel wards by the Auditor and paid out of the State Treasury. quors SEC. 44. No spirituous or fermented liquors shall ever be No spirituous lisold on any pretence whatever in or about the prison. SEC. 45. The expenses and fees of Sheriff's and other offi. cers incurred in conveying convicts to the State Prison, shall be paid out of the State Treasury. Fees for convey ing convicts SEE. 46. The Auditor is hereby authorized and required to draw his warrant on the treasury for such sums as the In- Payment of exspectors may from time to time direct, for defraying the expenses in and about the State Prison. penses SEC. 47. It shall be lawful for the Inspectors to establish Admission of visi uniform rules for the admission of visitors within the prison. tors SEC. 48. The Warden, Deputy Warden, Clerk, Inspectors, Officers exempt Pysician, Assistant Keepers, and Guards, shall be exempt from military & from military and jury duties while actually employed by the jury duty State as such officers. SEC. 49. There shall be printed annually, for the use of Annual report to the prison, one hundred copies of the annual report of the In- be printed spectors, and the Warden shall forward a copy of the same to each of the State Prisons in the United States. SEC. 50. On the removal or resignation of the Warden, Removal or resigthe Auditor shall settle the accounts of such Warden on the nation of warden presentation of his books, accounts and vouchers, duly au thenticated for that purpose. SEC. 51. The shops in and about the prison shall be leased by the Inspectors and Wardens to such parties as they may be able to obtain the highest and best price, and for such Lease of worklength of time as may seem to them proper, but not to exceed the space of five years at any one time. shops SEC. 52. The rents, revenues and profits derived from the property thus leased, shall be paid semi-annually to the War- Rents to be paid den of the prison, and by him paid into the State Treasury. SEC. 53. The Warden shall let to service all convicts confined in the State Prison-except such as may be precluded. into state treas ury Labor of convicts -wages by the terms of their sentence-to the lessee or lessees of the prison shops and fixtures, and shall receive for the services of each able-bodied man, the sum of seventy-five cents per day. SEC. 54. There shall be stipulated in every lease made to all the convicts any or all the prison shops and fixtures, a provision providing for the constant employment of all convicts in the State Prison during the pendency of the lease. Employment of SEC. 55. The Warden shall be entitled to the use of the Warden's dwel house built for the Warden, during his term of office, free of charge. ling Attorney General -special duties SEC. 56. It is hereby made the duty of the Attorney General of the State, and he is hereby empowered and directed, immediately to enquire into the conduct and management of the Territorial Prison by the late Warden, F. R. Delano, and all other officers of the Territorial Prison, and to institute such action or actions as may be necessary for the protection of the interest and dignity of the State. SEC. 57. The Attorney General shall, as soon as practica Attorney General ble, investigate the title of the land appertaining to the Still-special duties water Prison, and report the same to the Governor of the State, and the Governor may, at his discretion, refer the mat ter to the Legislature at its next session, or order such proceedings to be instituted in the premises as shall be best calculated to promote the interest of the State. Disposal of ma chinery and tools at present in the prison of SEC. 58. The owner or owners of the tools, machinery and fixtures in and about the Stillwater Prison, may, and are hereby authorized, to remove the same at their own proper costs and expense, and the space of twelve months is hereby allowed for the removal of the same, and for the purpose using and removing, shall have free passage through the outer gates of the yard from the hours of 7 o'clock A. M., un til 5 o'clock P. M., from the 20th of September till the 20th of March, and from 6 o'clock, A. M., till 7 o'clock P. M., during the remainder of said term; Provided, That the owner and owners of the tools, machinery and fixtures, shall prefer no claim against the State on account of placing such tools, ma chinery and fixtures within the yard of said prison; And, provided further, That the owners of such machinery and tools shall, within thirty days after the passage of this Act, give notice to the Governor of their acceptance of the provision of this section, and in case such notice shall not be given in the time specified above, the Attorney General is hereby empow ered to commence such suit or suits against such owner or owners on behalf of the State immediately, as shall be neces sary to obtain possession of the prison buildings and grounds. SEC. 59. An Act entitled "An Act to amend An Act enti tled An Act for the government of the Territorial Prison of Repeal of former Minnesota, approved May 23d, 1857," and all laws and Acts or parts of Acts relating to the Territorial prison and the government thereof, are hereby repealed. acts SEC. 60. This Act shall take effect and be in force from and after its passage. GEORGE BRADLEY, Speaker of the House of Representatives. WILLIAM HOLCOMBE, President of the Senate. APPROVED-August second, one thousand eight hundred and fifty-eight. SECRETARY'S OFFICE, Minnesota, August 2d, 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 XXXV. An Act for a Homestead Exemption. SECTION 1. Eighty acres of land in the county, or a town lot with the dwelling house 2. Exemption not to extend to any mortgage rightfully obtained-wife to sign 3. Procedure to set apart homestead, on a levy being made. 4. Provides for survey of land, if dissatisfaction exists. 5. Provides for sale of all lands exceeding the limits prescribed. 6. Dwelling houses on leased property may be claimed as homesteads. 7. No exemption from sale for taxes. 8. Enumeration of personal property to be exempted from execution. 9. No exemption from attachment or execution for laborers, mechanics' or clerks wages: 10. All laws inconsistent herewith repealed. 11. Act takes effect on passage. Be it enacted by the Legislature of the State of Minnesota : Homestead ex. house SECTION. 1. That a homestead consisting of any quantity of land not exceeding eighty acres, and the dwelling house emption-area thereon, and its appurtenances, to be selected by the owner and dwelling thereof, and not included in any incorporated town, city or village, or instead thereof, at the option of the owner, a quantity of land not exceeding in amount one lot, being within an incorporated town, city or village, and the dwelling house thereon and its appurtenances, owned and occupied by any resident of this State, shall not be subject to attachment, levy or sale upon execution or any other process, issuing out of any Court within this State. This section Mortgage when not effected by this law shall be deemed and construed to exempt such homestead in the manner aforesaid, during the time it shall be occupied by the widow, or minor child or children of any deceased person who was, when living, entitled to the benefits of this Act. SEC. 2. Such exemption shall not extend to any mortgage thereon, lawfully obtained, but such mortgage or other alienation of such land by the owner thereof, if a married man, shall not be valid without the signature of the wife to the same, unless such mortgage shall be given to secure the payment of the purchase money or some portion thereof. SEC. 3. Whenever a levy shall be made upon the lands or Homestead to be tenements of a householder, whose homestead has not been selected in case selected and set apart by metes and bounds, such house. of levy faction holder may notify the officer at the time of making such levy of what he regards as his homestead, with a description thereof, within the limits above prescribed; and the remainder alone shall be subject to sale under such levy. SEC. 4. If the plaintiff in execution shall be dissatisfied Survey of land in with the quantity of land selected and set apart as aforesaid, case of dissatis- the officer making the levy shall cause the same to be sur veyed, beginning at a point to be designated by the owner, and set off in a compact form, including the dwelling house and its appurtenances, the amount specified in the first section of this Act, and the expense of such survey shall be chargeable on the execution and collected thereupon. May sell property SEC. 5. After the survey shall have been made, the officer making the levy may sell the property levied upon, and not included in the set-off, in the same manner as provided in not included in other cases for the sale of real estate on execution, and in giving a deed of the same, he may describe it according to his original levy, excepting therefrom by metes and bounds, according to the certificate of the survey, the quantity set off as aforesaid. the set-off Dwellings on SEC. 6. Any person owning and occupying any house or leased property land not his own, and claiming said house as a homestead, shall be entitled to the exemption aforesaid. exempt No exemption from taxes SEC. 7. Nothing in this Act shall be considered as exempt. ing any real estate from taxation or sale for taxes. SEC. 8. No property hereinafter mentioned or represented shall be liable to attachment, execution or sale, or any final free from levy or process issued from any Court in this State. Personal property Second-Family pictures, school books or library, and musical instruments for use of family. Third-A seat or pew in any house or place of public worship. Fourth-A lot in any burial ground. Fifth-All wearing apparel of the debtor and his family, all beds, bedsteads and bedding, kept and used by the debtor and his family, all stoves and appendages put up or kept for the use of the debtor and his family; all cooking uten sils, and all other household furniture not herein enumerated, not exceeding five hundred dollars. Sirth-Three cows, ten swine, one yoke of oxen, and one horse in lieu of one yoke of oxen and a horse, a span of horses or mules, twenty sheep and the wool from the same, either in the raw material or manufactured into yarn or cloth; the necessary food for all the stock mentioned in this section, for one year's support, either provided or growing, or both, as the debtor may choose; also, one wagon, cart or dray, one sleigh, two ploughs, one drag, and other farming utensils, including tackle for teams, not exceeding three hundred dollars in value. Seventh-The provisions for the debtor and his family necessary for one year's support, either provided, or growing, or both, and fuel necessary for one year. Eighth-The tools and instruments of any mechanic, minor or other person, used and kept for the purpose of carrying on his trade or business, and in addition thereto, stock in trade not exceeding four hundred dollars in value; the library and implements of any professional man; all of which articles hereinbefore intended to be exempt, shall be chosen by the debtor, his agent, clerk or legal representative as the case may be. SEC. 9. Nothing in this Act shall be so construed, as to No exemption for exempt any property in this State from execution or attach- wages due ment for clerks, laborers, or mechanics' wages. SEC. 10. All laws inconsistent with provisions of this Act are hereby repealed. SEC. 11. This Act shall take effect and be in force from and after its passage. GEORGE BRADLEY, Speaker of the House of Representatives. WILLIAM HOLCOMBE, APPROVED-August the twelfth, eighteen hundred and fifty eight. SECRETARY'S OFFICE, Minnesota, March 12, 1858. President of the Senate. 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. Inconsistent laws repealed |