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One-third by county, twothirds by state.

To exhibit

carcass.

Auditor sole judge.

Warrant on treasurer.

Auditor's record.

(5) dollars, or cub wolf at any season of the year two (2) dollars, and every person who shall kill any full grown wolf at any other season of the year shall be entitled to a reward of three (3) dollars; one-third (1-3) of which shall be paid by the county wherein the wolf or wolves shall be killed and two-thirds (2-3) thereof shall be paid by the state, and all counties wherein the interest and welfare thereof requires, are hereby empowered to grant such reward as herein provided, and to increase the same so far as concerns the liability of said county."

SEC. 2. That section two (2) of said chapter, being section seven thousand eight hundred and seventythree (7,873) of the statutes of eighteen hundred and ninety-four (1894), be, and the same is hereby amended to read as follows:

"Sec. 2. Any person claiming such reward shall exhibit the carcass of the animal so killed to the auditor of the county wherein such animal was killed, after which said carcass shall be immediately destroyed."

SEC. 3. That section three (3) of said chapter, being section seven thousand eight hundred and seventy-four (7,874) of the general statutes of eighteen hundred and ninety-four (1894), be, and the same hereby is amended to read as follows:

"Sec. 3. The auditor shall be the sole judge as to whether the animal so exhibited is of the character and kind as provided for by this act."

SEC. 4. That section four (4) of said chapter, being section seven thousand eight hundred and seventy-five (7,875) of the general statutes of eighteen hundred and ninety-four (1894), be, and the same is hereby amended to read as follows:

"Sec. 4. Upon the decision of the auditor that the claimant is entitled to a bounty he shall thereupon issue to such claimant his warrant upon the county treasurer for the entire sum to which such claimant is entitled, and the treasurer shall pay the same."

SEC. 5. That section five (5) of said chapter, being section seven thousand eight hundred and seventy-six (7,876) of the general statutes of eighteen hundred and ninety-four (1894), be, and the same is hereby amended to read as follows:

"Sec. 5. Such auditor shall cause such carcass to be destroyed, and enter in a book to be provided for that purpose a certificate that said carcass was presented to him; that the same was destroyed, and that the claimant was paid the sum therein named, and shall transmit a copy of said certificate and a copy of the warrant to the state auditor, who shall audit such

claim, and two-thirds (2-3) thereof shall be paid out of the state treasury, in favor of the county theretofore paying the same, and forward the same to the auditor of said county."

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

Approved March 9, 1897.

97 c 44

CHAPTER 44.

03 - 67

H. F. No. 275.

Deputy and

An act authorizing and empowering deputy county itors may adauditors to administer oaths in their respective counties minister and to certify the same under the seal of the county auditor.

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

SECTION 1. That in all counties of this state, the deputy county auditors, duly appointed and qualified, are by this act authorized and empowered to administer oaths in their respective counties and to certify the same under the seal of the county auditor.

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

Approved March 9, 1897.

oaths.

CHAPTER 45.

An act to repeal chapter two hundred and ninetyeight (298) of the general laws of Minnesota of eighteen hundred and ninety-five (1895), entitled "An act providing for the enlargement of organized counties by attaching thereto and incorporating therein territory from an adjoining unorganized county or counties."

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

SECTION 1. That chapter two hundred and ninetyeight (298) of the genera! laws of Minnesota of eighteen hundred and ninety-five (1895), entitled "An act providing for the enlargement of organized counties by attaching thereto and incorporating therein territory from an adjoining unorganized county or counties," be and the same is hereby repealed.

H. F. No. 145.

Repeals act counties.

for enlarging

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

Approved March 9, 1897.

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CHAPTER 46.

An act providing for exception to sufficiency of sureties in appeal bonds in all cases tried upon appeal from justice court, and the proceedings thereafter.

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

SECTION 1. In all cases tried upon an appeal from the judgment of justice of the peace the respondent or appellee may at any time after allowance of appeal and prior to the commencement of the term at which such case is to be tried upon appeal, give written notice to the appellant, or his attorney who appears in the appeal proceedings, that he excepts to the sufficiency of the sureties upon the appeal bond.

SEC. 2. The sureties may for the purpose of justification attend before the judge of the court to which the cause is appealed at such time not less than two (2) nor more than ten (10) days after service of such notice of exception, at such place as may be designated by the appellant in a written notice served at least two (2) days prior to such justification.

SEC. 3. If any surety fails to appear or justify, another may within two (2) days be offered, and if he justifies may be accepted. One adjournment for such purpose may be had.

SEC. 4. If the old or new sureties justify to the satisfaction of the judge he shall indorse his approval upon the bond. If they do not so justify then the judge shall order that the judgment of the justice be affirmed.

SEC. 5. All acts and parts of acts inconsistent with this act, whether contained in a general or special act, are hereby repealed.

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

Approved March 9, 1897.

CHAPTER 47.

H. F. No. 358.

An act relating to the spread of disease among swine. Disease

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

among swine.

Duty of

SECTION 1. It shall be the duty of the owner, or of any other person having in charge any swine that have owner. died of any disease, immediately upon the fact of such death by disease coming to his knowledge, to bury the same at least three (3) feet below the surface of the ground, or burn the same so that the carcass is consumed. No person shall sell, give away or offer for sale any swine that have died of any disease, or have been killed on account of any disease. No person shall convey upon or along any public highway, or other public ground, or any private land, except his own, any diseased swine, or swine that have died of or have been slaughtered on account of any disease. It shall be unlawful for any person negligently or wilfully to allow his hogs or those under his control afflicted with any disease to escape his control and run at large.

SEC. 2. Any person convicted of a violation of this Penalty. act shall be fined in any sum not less than ten (10) nor more than one hundred (100) dollars, or by imprisonment in the county jail not to exceed thirty (30) days. SEC. 3. This act shall take effect and be in force from and after its passage.

Approved March 12, 1897.

CHAPTER 48.

S. F. No. 291.

porations,

An act authorizing and conferring perpetual succes- Cemetery corsion upon corporations organized for the purpose of perpetual sucoperating private cemeteries and crematories, and providing for a perpetual care and improvement fund.

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

SECTION 1. Any corporation hereafter formed pursuant to the provisions of title two (2), chapter thirtyfour (34) of the general statutes of eighteen hundred ninety-four (1894), which in its articles of incorporation shall declare its sole purpose to be the procuring and holding of lands to be used exclusively for a private cemetery, under the general laws of the state of Minnesota, relating to "Private Cemeteries," and the pro

cession.

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curing, holding and operating of a crematory, shall have perpetual succession. Provided, that any corporation so formed which shall cease to carry on the business of a cemetery or crematory, or shall engage in any other business, shall thereby forfeit its charter on the suit of the attorney general.

SEC. 2. Every such coporation which shall establish or maintain a cemetery of more than twenty (20) acres in extent within five miles of any city of over fifty thousand (50,000) inhabitants, shall set aside twenty (20) per cent (20%) of all money received from the sale of cemetery lots, as a "permanent care and improvement fund;" and the provisions of sections 3110 to 3124, both inclusive, of title 5, chapter 34 of the general statutes of eighteen hundred ninety-four (1894) shall be applicable thereto.

SEC. 3. This act shall take effect and be in force from and after its passage.

Approved March 12, 1897.

S. F. No. 135.

Public schools.

Apportion

ment of moneys among districts.

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An act to amend section 79 of chapter 36 of the general statutes of one thousand eight hundred and seventy-eight, as amended in chapter 41 of general laws of 1887 and chapter 107 of general laws of 1891, relating to public schools.

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

SECTION 1. That section 79 of chapter 36 of the general statutes of 1878, as amended by chapter 41 of laws of 1887 and chapter 107 of laws of 1891, be amended to read as follows:

APPORTIONMENT AMONG DISTRICTS.

Sec. 79. The auditor of each county, on the last Wednesday of March and on the last Wednesday of October in each year, shall make apportionments of the money in the county treasury accruing from the current school fund, and from the liquor licenses, estrays and fines, as provided in this act, among the several school districts in the county in which schools have been taught five months within the year by qualified teachers; which apportionment shall be made upon the number of different scholars between the ages of five and

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