dollars, conditioned that the appellant will abide the decision of the district court, and pay all costs and damages assessed or awarded against him therein, or if the appeal shall be dismissed or discontinued, that he will pay all sums for which he would have been liable if no appeal had been taken, and the interest Proceedings on thereon with cost of appeal. The proceedings of the district court on the appeal shall be the same as an appeal in a civil action from a justice of the peace, as nearly as practicable, and costs shall be awarded. for or against either party in the same manner as upon an appeal in a civil action.

appeal to be same as appeal in civil action.

If no appeal tak

proceeded with

SEC. 10. Upon payment or tendering of the damen work may be ages assessed by the jury, if no appeal shall be taken, or awarded in the district court on appeal, as the case may be, and of the costs of such assessment, or if no damages shall be found, upon payment or tendering of the costs of the proceedings, it shall be lawful for the person applying for such summons to enter with his servants, team, carriage and other necessary implements upon such lands, and then and there to cut and open such ditch or ditches as were designated on the said map, according to the plans and dimensions herein specified and adopted by the jury ordered in the district court, not deviating materially from such plans and dimensions.

Applicant and his

heirs to have right of entry.

Penalty for damming.

SEC. 11. After such ditch or ditches shall have been opened, it shall be lawful for the said applicant, his heirs and assigns, forever thereafter, from time to time, as it becomes necessary, to enter upon the lands through which such ditches have been opened, for the purpose of clearing out and scouring the same, and then and there to clear and scour such ditch or ditches in such manner as to preserve the original length, depth and width of the same.

SEC. 12. Any person who shall dam up, obstruct, or in any way injure any ditch or ditches so opened, shall be liable to pay to the person owning or possessing the swamp, bog, meadow or other low land, for the draining of which such ditch or ditches shall have been opened, double the damages which shall be assessed by the jury for such injury, and shall further be deemed to have committed a misdemeanor, and shall upon conviction thereof be punished by imprison

ment for not more than three months, or by fine of not more than one hundred dollars.

ister's office.

SEC. 13. The justice before whom any proceedings Justice to file shall be had under this act, shall cause the map deliv- map, &c., in Regered by the applicant and the certificate and inquisitious of the jury, which he shall certify to have been taken before him, to be filed in the register's office of the county in which the premises shall be situated, to be kept in said office as a record of the proceedings between the parties; or if an appeal shall be taken, the applicant shall cause such map and the certificate by the clerk of the district court of the decision therein to be filed in like manner.

SEC. 14. Any person desiring to construct ditches Gives equal or canals from any lake, for the purpose of creating rights to other or increasing any water power, may do so under this partios.

act, and shall be governed by its provisions.

SEC. 15. This act shall take effect and be in force from and after its passage, and all acts or parts of acts inconsistent with this act are hereby repealed. Approved March 1, 1866.

CHAPTER XXVIII.

An Act Providing for the Payment of Bounties for the Destruction of Wolves.

SECTION 1. Awards bounty for killing wolves.

2. Provides the way in which persons claiming bounty may obtain it.

3. Clerks of District Courts to give order on State Treasurer for amount claimed.
4. Clerk to keep record of all orders given by him, with name of person
receiving it; exhibit of all orders to be forwarded to State Auditor.
5. Makes it the duty of State Treasurer to perform certain duties on receiving

orders and State Auditor to file the same.

6. Clerk of court entitled to receive fees for services.

7. When act to take effect.

February 21,1866

Awards bounty.

How bounty to be obtained.

Duty of Clerk of
District Court.

Clerk to keep a

bounty orders.

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

SECTION 1. That any person who shall kill any wolf or wolves within this State, shall be entitled to receive a bounty or reward for each wolf of six dollars. SEC. 2. That any person claiming such bounty or reward, shall produce the head of the wolf or wolves so killed, with the ears and scalp entire, within twenty days after such wolf or wolves have been killed, to the Clerk of the District Court of the county within which such wolf or wolves were killed, or of the county to which such county may be attached for judicial purposes, and said clerk shall administer to the person producing such head or heads as aforesaid, the following oath or affirmation:

"You do solemnly swear or affirm (as the case may be) that the head (or heads) now produced by you, is the head (or heads) of a wolf (or wolves) as the case may be, taken in the county of, (naming the county,) by you within twenty days last past;" which oath or affirmation shall be by the clerk taken in writing, and subscribed by the person presenting such head or heads.

SEC. 3. That the clerk before whom such oath or affirmation is made, after causing such head or heads. to be destroyed in his presence, shall file the affidavits so taken in his office, and under the seal thereof, grant to such person an order on the Treasurer of State for the amount of moneys which may be due such person by the provisions of the first section of this act, which shall be payable to him or to his order, and shall be received in payment of taxes for State purposes, and each and every order drawn as aforesaid, shall be numbered by the clerk, and placed on file in his office with the affidavit of such person, which affidavit shall, on the back of the same, contain the receipt of such person for such order drawn as aforesaid.

SEC. 4. That said clerk shall enter in a book to be record of all kept by him for that purpose, the date, number and amount of all orders drawn by him, in conformity with the provisions of the preceding section of this act, also, the name of the person to whom granted, and he shall, annually, on or before the 15th day of November, make out and transmit to the Auditor of

State an exhibit of all orders by him drawn as afore-
said.

Duties of State

SEC. 5. That it shall be the duty of the State Treasurer, immediately on receiving in payment of taxes, Treasurer and or otherwise, any wolf order, to enter on the face of State Auditor. the same, the day and date, and the word "Redeemed," and it shall be the duty of the Auditor of State, on receiving any such redeemed order from the Treasurer, to file and preserve the same, and once a year to compare them with the exhibit of the clerk of the proper county hereinbefore required to be made to said Auditor.

SEC. 6. The clerk of said court shall be entitled to Fees of clerk. receive from the Treasury of his proper county, such fees for his services, under this act, as may be allowed by the county commissioners of such county.

SEC. 7. This act shall take effect from the time of its passage.

Approved Feb. 21, 1866.

CHAPTER XXIX.

An Act to Prevent the Concealment or Carrying away March 2, 1866.
the Public Arms, Equipments, Accoutrements, Mili-
tary Stores and Munitions of War.

SECTION. 1. Makes it a misdemeanor, punishable by fine, to carry away or conceal any

State arms or munitions of war.

2. When act to take effect.

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

SECTION 1. Any person who shall unlawfully and wilfully carry away or conceal any of the public arms, stracting State equiqments, accoutrements, military stores or muni- arms.

Penalty for ab

tions of war belonging to the State of Minnesota, or under the control or in the custody of said State, or who shall wilfully and maliciously refuse to deliver up the same to any officer or person having the legal right to demand such public arms, equipments, accoutrements, military stores or munitions of war, shall be deemed guilty of a misdemeanor, and upon conviction in the proper court, shall be punished by a fine not exceeding one hundred dollars.

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

Approved March 2, 1866.

March 1, 1866.

Protects mortga

by imposing cer

CHAPTER XXX.

An Act to Prevent the Sale, Transfer or Concealment of personal property under Mortgage.

SECTION 1. Imposes fine or imprisonment, or both, on any person concealing any personal property on which there may be a mortgage.

2. When Act to take effect.

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

SECTION 1. That if any person having conveyed gee against fraud any article of personal property by mortgage, shall, tain penalties. during the existence of the lien or title created by such mortgage, sell, transfer, conceal, take, drive or carry away, or in any way or manner dispose of said property or any part thereof, with intent to defraud, or cause or suffer the same to be done, without the written consent of the mortgagee of said property, he shall be deemed guilty of misdemeanor, and shall be liable to indictment and on conviction thereof shall