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Duty of examiners

Taxes-how levied and collected.

Repeal of inconsistent acts.

Said examiners, or any two of them, shall examine any persons that may apply for that purpose with the intention of becoming teachers in any of the schools of said district, and if they find the applicant, in their opinion, qualified to teach in any of said schools, and to govern the same, and of good moral character, they shall give said applicant a certificate made out on such blanks as may be provided by the Board of Education, naming the branches in which the holder of said certifi cate was found qualified to teach, setting opposite each branch the degree of attainment, on a scale of which five shall be the maximum; and no person shall be permitted to teach in said schools without such certificate -and said examiners may, in all cases, when two of their number concur, have power to annul such certificate, and when so annulled and reported to the Board of Education, the person holding the same shall be discharged as a teacher of said schools; said examiners shall also separately or otherwise, together with sai Board of Education, or any of them, or such person as they may appoint, or invite, visit said schools as often as once in every three months, and observe the discipline, mode of teaching, progress of pupils, and other such matters as they may deem of interest, and make such suggestions and report thereupon to said board as they may think proper, which report may be published at the discretion of said board, together with their annual report.

SEC. 21. All taxes raised by virtue of this act, shall be levied and collected in the same manner, and by the same officers as county taxes are levied and collected.

SEC. 22. Upon the adoption of this act in the manner herein provided, by any city, town, village, township, district or sub-district, all laws now in force therein, inconsistent herewith, are hereby repealed.

SEC. 23. This act shall not be repealed or affected by any subsequent by any subsequent act, unless specially mentioned

Not to be affected

act.

therein.

SEC. 24. This act shall take effect and be in force from and after its passage.

Approved March 3, 1865.

CHAPTER XIV.

An Act to allow the legal voters of School Districts containing less than ten voters, when lawfully assembled, March 8, 1865. not less than three being present, to transact certain business.

SECTION 1. Power of legal voters in any school district-limitation to amount of tax 2. When act to take effect.

Beit enacted by the Legislature of the State of Minnesota :

school district

SECTION 1. That the legal voters of any school district in this State, containing less than ten voters, power of logal when lawfully assembled, not less than three being voters in any present, shall have power, by a majority of the votes limitation of tax. of those present, to do, and perform all the acts mentioned in the several sub-divisions of section twentysix of chapter one of session laws of eighteen hundred and sixty-two: Provided, That such meeting shall not vote a tax to exceed in amount, more than one hundred dollars in any one year.

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

Approved March 3, 1865.

March 2, 1826.

CHAPTER XV.

An Act to accept the grant, and in execution of the trust made and created in and by section seven of an Act of Congress, approved May twelfth, eighteen hundred and sixty-four, entitled "An Act for a grant of lands to the State of Iowa, in alternate sections, to aid in the construction of a railroad in said State."

SECTION 1. Grant of lands donated by act of Congress accepted.

2. Lands, interest, etc., granted by virtue of said act vested in the Minnesota Valley Railroad Company.

3. In ease of non-completion of portion of said road mentioned in said act to be forfelted and revert to the State.

4. When lands granted to said railroad may be taxed.

5. When act to take effect.

Beit enacted by the Legislature of the State of Minnesota:

SECTION 1.

The lands, rights, powers and priviGrant of lands do- leges granted to and conferred upon the State of Minnated by Congress nesota in and by section seven of an act of Congress,

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accepted.

Lands vested in
M. V. R. R. Co.

approved May twelfth, eighteen hundred and sixtyfour, entitled, "An act for a grant of land to the State of Iowa, in alternate sections, to aid in the construction of a railroad in said State," be and the same are hereby accepted upon the terms, conditions and restrictions therein prescribed, and the State of Minnesota assumes and undertakes the trust created in and by the said section.

SEC. 2. All the lands, interest, rights, powers and privileges granted to and conferred upon the State of Minnesota in and by virtue of section seven of said act of Congress, are hereby granted to and vested in the Minnesota Valley Railroad Company, pursuant to the pledge and in full confirmation of the title made and assured to said company, in and by virtue of section eight of chapter two of an act of the Legislature of this State, approved March fourth, eighteen hundred and sixty-four, entitled "An act to facilitate the construction of the Southern Minnesota Railroad, and to

amend and continue certain acts in relation thereto : Subject only to the provisions of said last mentioned act, and of the act of Congress aforesaid; and the Duty of Governor. Governor is hereby authorized and directed to convey said additional lands to said company, in the same manner and proportion as was authorized by the provisions of the act aforesaid, approved March fourth, eighteen hundred and sixty-four, relating to the grant of six sections per mile; and after the cars shall be running on twenty miles of said road, the Governor shall, on the completion of each subsequent ten miles of road, so that cars can run thereon, convey one hundred sections of land to said company, provided the same shall be authorized by the laws of the United States.

SEC. 3. That section seven of the act entitled "a bill for an act to incorporate the Root River Valley and Southern Minnesota Railroad Company," approved March second, eighteen hundred and sixty-five, be and is hereby amended by adding as a proviso to section seven, as follows:

Provided, That in place of the deposit of money Proviso. required in court, said company may execute a bond in such sum and with such surety as the court may deem reasonable.

forfeited and re

SEC. 4. In case said company shall fail to complete every portion of said road as mentioned in section one of chapter two of the act to facilitate the construction of the Southern Minnesota Railroad and to amend and continue certain acts in relation thereto, approved March fourth, eighteen hundred and sixty-four, within the When road to be time provided in said chapter, all the unbuilt portions vert to State. thereof, with the lands, property, rights and franchises appertaining thereto, shall be absolutely forfeited, and shall revert to the State without any other act or proceeding whatever, legislative or judicial, in which case the State shall hold and possess the same in the like character she now holds them, without any merger or extinguishment, to be used, granted and disposed of for the purpose of aiding the construction of said road.

SEC. 5. Whenever any lands heretofore or hereafter granted to said railroad company to aid in the construction of its road, shall be contracted to be sold, conveyed or leased by said company, the same shall be

ed to said railroad may be taxed.

placed upon the tax list by the proper officer for taxation as other real estate, for the year succeeding that in which such contract for a sale, conveyance or lease When lands grant- thereof shall be made, but in enforcing the collection of taxes thereon, the title or interest of said company or of any trustee or mortgagee thereof shall be in no wise impaired or affected thereby, but the improvements thereon and all the interests of the purchaser or lessee therein may and shall, in case of default of the payment of taxes upon such land, be sold to satisfy the same; and it shall be the duty of the proper officers to assess and collect such taxes in accordance with the general laws relating to the assessment and collection of taxes.

SEC. 6. This act shall take effect and be in force from and after its passage.

Approved March 2, 1865.

CHAPTER XVI.

February 25, 1965. An Act in relation to the powers, duties and proceedings of Executors and Trustees in certain cases.

SECTION 1. Sale of real estate may be private or public.

2. When copy of will may be recorded in the office of the Register of Deeds-letters testamentary, if issued, may also be recorded.

8. Copy of will and testamentary letters may be used as evidence-when.

4. Executors or trustees shall publish the fact of such record-time for such publication -what to contain.

5. No objection filed, executors or trustees may proceed to execute said will.

6. Duty of Probate Judge in case objections are filled-executors to give bond for faithful performance of duties-bond to be filed with Judge of Probate.

7. Proceedings in case bond or security is not filed.

8. What may be read in evidence in all the courts of this State.

9. Notice to be served upon the Judge of Probate ten days prior to the expiration of time
mentioned for the filing of objections.

10. Duty of executors or trustees when authorized to sell property in any other county.
11. When executors or trustees shall fail or refuse to comply with provisions of this act,
how to proceed.

12. When act to take effect.

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

SECTION 1. Sales of real estate, made by executors

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