S. F. No. 166.

CHAPTER 57.

Authorizing municipal courts to issue writs of execution upon judgment.

By judge or clerk.

No transcript to issue while

tion is out

standing.

An act authorizing and empowering the various municipal courts of this state to issue writs of executions upon their judgments and determinations, and regulating the issuance of the same; and relating to the issuance of transcripts of their judgments in connection therewith.

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

SECTION 1. The judge or clerk of each and every municipal court in this state shall upon application by the prevailing party at any time after judgment is duly entered and docketed in any of the said municipal courts, as provided by law, and before same may have been transcripted to any district court in this state, as provided by law, issue a writ of execution thereon against the goods, chattles, cho(o)ses in action and personal property of the judgment debtor, returnable within thirty days after the issuance thereof, upon the payment to the said judge or clerk of the sum of fifty (50) cents.

The judge or clerk of said court shall not issue any writ of execu- transcript of any judgment so entered and docketed in said court, while a writ of execution is outstanding in the hands of an officer or otherwise; and when a transcript has been issued on any judgment, the judge or clerk shall note on the record of said judgment the fact that such transcript has been given, and shall not thereafter issue any writ of any execution on said judgment.

Court may prescribe rule.

Under seal of court.

SEC. 2. The form of process may be prescribed by the court by rule or otherwise, and such forms may be changed by the court from time to time, and any form so prescribed shall be sufficient and valid; but in the absence of such prescribed forms, the form of process in use in the district courts of this state may be used and adapted to the style of the municipal courts, and used at the discretion of the court.

The so to be used shall be under the seal of process the court, subscribed by the judge or clerk, tested in the name of the municipal judge, or if there be more than one judge, then in the name of the senior judge, endorsed by the attorney for the party applying therefor, and addressed to the sheriff or any constable of the county or the chief of police or any police officer of the city wherein the said court may be located; and said writ of execution may be executed and retured in like manner and form as a writ of execution issued out of the dis

trict courts of this state, save that said writ of execution shall be returned to the court from whence the same was issued within thirty days after the issuance of the same.

SEC. 3. It is further provided, that nothing in this Exceptions. act shall be construed to authorize or empower any municipal court in this state to issue any writ of habeas corpus, quo warranto, ne exeat, mandamus, prohibition or injunction.

SEC. 4. All acts or parts of acts inconsistent with this act are hereby repealed.

SEC. 5. This act shall take effect and be in force from and after its passage.

Approved March 20, 1897.

CHAPTER 58.

S. F. No. 13.

insurance

An act to amend section 36 of chapter 175 of the Creamery fire laws of 1895, authorizing the organization of mutual companies. creamery fire insurance companies.

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

SECTION 1. That section 36 of chapter 175, general laws of 1895, be amended to read as follows:

surance and

Exception.

SEC. 36. No policy shall be issued by a purely mutual $750,000 infire insurance company hereafter organized until not 300 risks less than seven hundred and fifty thousand dollars of necessary. insurance, in not less than three hundred separate risks, upon property located in Minnesota has been subscribed for and entered on its books; provided, that mutual fire insurance companies hereafter organized for the purpose of writing fire insurance upon creamery buildings and their contents exclusively, may and are hereby authorized to issue policies when not less than one hundred thousand dollars of insurance, in not less than fifty separate risks, upon creamery buildings or their contents located in the state of Minnesota, has been subscribed for and entered upon such company's books. Such companies shall be designated as "Mutual Creamery Fire Insurance Companies," and shall issue no policy except upon buildings used for creamery purposes and their contents. No officer or other person whose duty it is to determine the character of the risks, and upon whose decision the application shall be accepted or rejected by a mutual fire insurance company, shall receive as any part of his compensation a commis

No officer to

receive commission on

premiums.

sion upon the premiums, but his compensation shall be a fixed salary and such share of the net profits as the directors may determine; nor shall such officer or person aforesaid be an employe of any officer or agent of the company. The provisions of section thirty-six do not apply to township mutual fire insurance companies.

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

Approved March 20, 1897.

S. F. No. 107.

Certain corporations may increase number of trustees.

Any corporation other than those

profit.

CHAPTER 59.

An act authorizing all corporations other than those for pecuniary profit to increase the number of their

trustees.

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

SECTION 1. That any corporation other than those for pecuniary profit, heretofore or hereafter incorpofor pecuniary rated by virtue of any law of this state, may by resolution of its board of trustees, adopted at any regular or called meeting, by a majority vote thereof, increase the number of the trustees of such corporation and provide for their election; and a copy of such resolution subscribed and sworn to by the president and secretary of such corporation shall be recorded in the registry of deeds of the county where the corporation is located and in the office of the secretary of state.

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

Approved March 20, 1897.

S. F. No. 158.

Relating to uses and trusts.

CHAPTER 60.

An act to amend chapter eighty-four (84), general laws eighteen hundred and ninety-three (1893), being subdivision sixth (6th), section forty-two hundred eighty-four (4284), general statutes eighteen hundred ninety-four (1894), relating to uses and trusts.

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

SECTION 1. That subdivision sixth of chapter 84, Amendment. general laws of eighteen hundred ninety-three (1893), being subdivision sixth of section 4284, general statutes 1894, be and the same is hereby amended so as to read as follows:

Sixth-Any incorporated city or village in the state of Minnesota now or hereafter organized is authorized to receive by gift, grant, devise or bequest and take charge of any money, stocks, bonds, personal, real or mixed estates, choses in action and property of any kind whatever, and to invest, reinvest and loan the same for the benefit of any public library association, public hospital association, or other charitable institution or association, in such city or village, and any public cemetery association located within ten miles of the corporate limits of any such city or village free from taxation, and administer the same in accordance with the will of the testator or the grant of the grantor of the estate. The district court of the state of Minnesota shall have the power in respect to such trust, estate and trustees as are conferred on the said court by this chapter in respect to other trusts.

Municipaliized to re charge of and invest gifts,

ties author

ceive, take

bequests, etc.

Provided, however, that nothing in this chapter or Provisions. in any law of this state contained shall be construed as preventing the creation of any trusts in writing, to endure for a period not longer than the life or lives of specified persons in being at the time of its creation and for twenty-one (21) years after the death of the survivor of such persons, such writing to fully set forth the nature and term of the trust; but all such trusts are hereby authorized and allowed; provided, further, that any and all trusts that do not permit the free alienation of the legal estate by the trustee, so that, when so alienated, it shall be discharged from all trusts, shall be deemed and construed as heretofore and shall not be authorized by the provisions of this act.

SEC. 2. This act shall take effect and be in force from and after its passage and approval. Approved March 20, 1897.

CHAPTER 61.

S. F. No. 440

An act to amend section 1045 of the general statutes Organization 1894, relating to organization of cities.

Be it enacted by the Legislature of the state of Minne

sota:

of cities.

Amendment.

When 2/3 of legal voters in territory containing

not less than 1,000 nor more than

16,000 inhab

itants shall petition, the judge of pro

bate shall issue order declaring

such incorporation, and order election of officers.

Powers granted.

SECTION 1. That section ten hundred forty-five (1045), general statutes eighteen hundred ninety-four, be and the same is hereby amended so as to read as follows:

Sec. 1045. That cities may be organized within the limits of this state as herein provided. Whenever twothirds (2-3) of the legal voters residing within the limits of a territory comprising not less than one thousand inhabitants, and not more than fifteen thousand, whether all or part of such territory had been theretofore organized into a borough or village or not, and which territory they desire to have incorporated as a city, shall sign and have presented to the judge of probate of the county in which such territory is situated, a petition setting forth the metes and bounds of said city, and of the several wards thereof, and praying that said city may be incorporated under such name as may therein be designated, the judge of probate shall issue an order declaring such territory duly incorporated as a city, and shall designate therein the metes, bounds, wards and name thereof, as in said petition described. And the said judge of probate shall in said order designate the time and place of holding the first election of officers for said city, which shall be not less than thirty nor more than sixty days from the presenting of said petition, and shall cause said order to be posted in five of the most public places in said city, at least for thirty days prior to the day of such election, and also cause the same to be published in some newspaper published in said city, at least once in each week for three consecutive weeks prior thereto, and if there be no newspaper published in said city, then in the paper published nearest thereto, and if there be more than one newspaper published in said city, then in one of such papers. Upon presenting the petition aforesaid to the judge of probate as aforesaid, the inhabitants within the metes and bounds therein described shall thenceforth be a body politic and corporate, subject to, and with power to act under the authority of, all the provisions of this

act.

They shall have power to sue and be sued, complain and defend in any court; make and use a common seal, and alter it at pleasure; and take, hold and purchase, lease and convey such real and personal or mixed estate as the purposes of the corporation may require, within or without the limits aforesaid; shall be capable of contracting and being contracted with; and shall have the general powers possessed by municipal corporations at common law, and in addition thereto, shall possess the powers hereinafter specifically granted; and the authorities thereof shall have perpetual succession.