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CHAPTER LXXII.

AN ACT TO AMEND SECTION FOUR OF TITLE ONE OF
CHAPTER SIXTY-FOUR OF THE GENERAL STATUTES.

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

SECTION 1. That section four of title one of chapter sixty-four of the general statutes be amended by adding thereto the following: Provided, however, That such interest shall not disqualify such judge from ordering a change of venue in any such cause, but it shall be the duty of such judge on the application of any party desiring a change of venue in such action to order the same upon a proper showing of such interest on the part of the judge as in other cases of change of venue.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved March 2, 1874.

Change of venue

When act to take effect.

CHAPTER LXXIII.

AN ACT TO AMEND SECTION SIXTY-THREE OF CHAPTER
TEN OF THE GENERAL STATUTES, RELATING TO THE
DUTIES OF TOWN CLERKS.

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

custodian of

SECTION 1. That section sixty-three of chapter ten of the general statutes be amended so as to read as follows: Sec. 63. The town clerk shall have the custody of the record books and papers of the town, when no other Town clerk to be provision is made by law, and he shall duly file and safely books and papers keep all certificates of oaths and other papers required appoint deputy. by law to be filed in his office. He may at his discretion appoint a deputy town clerk, for whose acts he shall be

of town, and may

When act to take effect.

responsible. Before any deputy town clerk shall enter upon the duties of his office, he shall take and subscribe the oath required by law, which oath shall be filed in the office of the clerk of the court.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved February 16, 1874.

Meetings of

aloners, when,

CHAPTER LXXIV.

AN ACT TO AMEND SECTION NINETY-FOUR OF TITLE
THREE OF CHAPTER EIGHT OF THE GENERAL STAT-
UTES OF EIGHTEEN HUNDRED AND SIXTY-SIX, RELAT-
ING TO COUNTY COMMISSIONERS.

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

SECTION 1. That section ninety-four of title three of chapter eight of the general statutes of eighteen hundred and sixty-six, be amended so as to read as follows:

"Section 94. The board of county commissioners County commis shall meet at the county seat of their respective counties for the purpose of transacting such business as may devolve upon or be brought before them on the first Tuesday of January and on the fourth Monday of July, in each year, and may hold such extra sessions as they deem necessary for the interest of the county. Such extra sessions shall be called by a majority of the board, and the clerk shall give at least ten days' notice thereof to the commissioners, but no regular session shall continue longer than six days, and no extra session longer than three days."

Relating to change of time for sessions.

SEC. 2. Every thing or act required of said board of county commissioners, or which they were authorized to do, at their September session, as heretofore authorized, shall be done hereafter at their July sessions, provided for in the foregoing section.

Approved March 9, 1874.

CHAPTER LXXV.

AN ACT TO AMEND SECTION SEVEN OF CHAPTER TWEN-
TY-SIX OF THE GENERAL LAWS OF THE YEAR 1871, RE-
LATING TO "PATENT RIGHTS."

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

actions to recov

to.

SECTION 1. That section seven of chapter twenty-six of the general laws of the year one thousand eight hundred and seventy-ore, be so amended as to read as follows: "All actions commenced before a justice Patent rights of the peace, in the district court, or in a court of com- re relating theremon pleas, in this state, to recover any debt, demand or sum of money, upon any promissory note or other written instrument where the consideration thereof was for a patent right, or any interest therein, shall be brought in the county where the defendant resides, if a resident of this state, at the time of the commencement of such action and not elsewhere."

SEC. 2.

This act shall take effect and be in force from when act to take and after its passage.

Approved February 19, 1874.

effect.

CHAPTER LXXVI.

AN ACT TO AMEND SECTION FOUR, AND TO REPEAL SEC-
TION FIVE, AND AMEND SECTION ELEVEN OF CHAPTER
TWENTY-ONE, STATUTES OF MINNESOTA, REVISION OF
EIGHTEEN HUNDRED AND SIXTY-SIX, RELATING TO
WEIGHTS AND MEASURES.

Be it enacted by the Legislature of the State of Minnesola:

SECTION 1. That section four of chapter twenty-one of the statutes of Minnesota, revision of eighteen hundred

er authorized to

appoint deputy

and measures.

and sixty-six, relating to weights and measures, be and the same is hereby amended so as to read as follows:

Sec. 4. The county treasurer of each organized county County treasur. shall have power to appoint in writing a deputy sealer of weights and measures for each railroad station and wheat sealers of weights market in his county, each of which appointments shall be recorded in the office of register of deeds, and there upon each of said deputies shall have all the powers and shall be competent to perform all the duties of such office, and shall, in case of willful neglect or refusal to faithfully discharge the duties required of him by law, be punished in accordance with the provisions of this act relating to the office of sealer of weights and measures.

Persons using

sures to have

sealed.

Fures not proved

SEC. 2. That section five of chapter twenty-one of the statutes of Minnesota, revision of eighteen hundred and sixty-six, be and the same is hereby repealed..

SEC. 3. That section eleven of said chapter twentyone be, and the same is hereby amended so as to read as follows, to-wit:

Section 11. All persons engaged in any business, trade or occupation, requiring the use of weights or weights and mea- measures, shall, on or before the first day of June an same proved and nually, cause to be tried, proved and sealed by the sealer of weights and measures, in their respective counties, all scale beams, steelyards, weights or measures, used by them in buying or selling any goods, wares, merchandize, grain or other commodities. If after the expiration of three months from the passage of this act, any person shall buy, sell or dispose of any goods, wares, merchandize, grain, or other commodities by any scale beams, Penalty for using Steelyard, weight or measure, not proved and sealed in weights and mea accordance with the provisions of the law to which this is and sealed, &c. amendatory, or shall fraudulently buy, sell or dispose of any goods or commodities, wares, grain or merchandize by any scale beam, steelyard, weight or measure that has been sealed, but is unjust, shall be deemed guilty of a misdemeanor, and upon conviction thereof by any court having competent jurisdiction, shall be fined not less than five, nor more than one hundred dollars; and upon neg. lect or refusal to pay such fine and the costs of prosecution, the court before whom the accused shall have been tried shall commit him to the county jail, until such fine and costs are paid, or he is discharged by due course of law. And for the purpose of enforcing the law, it shall be the duty of the sealer of weights and measures, or his

deputy, upon the written request of any aggrieved person, and upon the payment to him in advance by such person, the sum of one dollar, and the further sum of twenty cents per mile for going and returning, as traveling expenses, to examine and test any weights or measures used within his county, whether the same shall have been before tested, proved and sealed or not, at any time when called upon, and without previous notice to the person or party complained of. And if such sealer of weights and measures, or any deputy sealer of weights and measures, shall directly or indirectly give previous notice or information to the party complained of, of such examination, in any manner whatever, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine not less than fifty, nor more than one hundred dollars, or by imprisonment in the county jail for not less than thirty, nor more than ninety days, or by both fine and imprisonment in the discretion of the court. All fines collected under the provisions of this act shall be paid over to the county treasurer for the anes collected. benefit of the school fund of the county where the action is brought. SEC. 4.

Desposition of

effect.

This act shall take effect and be in force from When act to take and after its passage. Approved March 9, 1874.

LXXVII.

AN ACT TO AMEND SECTION SIX, TITLE THREE, CHAPTER
THIRTY-TWO OF THE GENERAL STATUTES, IN RELATION
TO THE OFFICE OF SURVEYOR GENERAL.

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

surveyors gener.

SECTION 1. That section six, title three, chapter thirty-two of the general statutes, is hereby amended so as to Appointment of read as follows: There shall be biennially appointed by al of districts. the governor, with the advice and consent of the senate, a surveyor general for each of the districts aforesaid, who shall be a citizen of the district for which he is appointed

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