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BOOTH'S TOWNSHIP MANUAL 1959, MINNESOTA
THE
TOWNSHIP MANUAL
FOR THE
STATE OF MINNESOTA
A COMPLETE GUIDE FOR TOWN OFFICERS IN THEIR
VARIOUS DUTIES UNDER THE LAWS GF MINNESOTA
FORTY-SIXTH EDITION
OFFICIAL BALLOT
EAGAN TOWNSHIP
DAKOTA COUNTY, MINNESOTA
TUESDAY, MARCH 14, 1961
Po
Mark "X" to the Left of the candidates
you wish to vote for, in the square indi-
cated by the arrow.
FOR SUPERVISOR, 3 years (Vote for One)
WM. T. HEINE
BERT H. OLSEN
ARTHUR RAHN
FOR TREASURER, 2 years (Vote for One)
HERBERT POLZIN
FOR ASSESSOR, 2 years (Vote for One)
DALLAS SAVAGE
FOR CONSTABLE, 2 years (Vote for One)
MARTIN DES LAURIES
EAGAN TOWNSHIP
DAKOTA COUNTY, MINNESOTA
TUESDAY, MARCH 14, 1961
JUDGES OF ELECTION
THE
TOWNSHIP MANUAL
FOR THE
STATE OF MINNESOTA
A COMPLETE GUIDE FOR TOWN OFFICERS IN THEIR
VARIOUS DUTIES UNDER THE LAWS OF MINNESOTA
Revised 1959
By
Robert M. Bowen �?
and
Ivan Bowen
Attorneys
of the Minneapolis Bar
FORTY-SIXTH EDITION
June, 1959
Minneapolis, Minn
WALTER S. BOOTH & SON
Copyright, 1959
By
WALTER S. BOOTH & SON
Minneapolis, Minnesota
FOREWORD
This 46th edition of Booth's Township Manual contains all
laws enacted to date, of importance to townships, and township
officers, covering the regular session of 1959.
Effort has been made in the past by some to combine the
administration of township affairs with that of counties. It has
failed and always will fail, since no one can administer laws as
cheaply, efficiently and understandingly as those who are in daily
contact with the legal necessities of their local government.
BOOTH'S TOWNSHIP MANUAL, if carefully studied and
followed by township officers will improve in every way the ba-
sic system of government in our Democracy and at a minimum of
cost to the people.
The management will be glad at any and all times to be of
further service to its customers and thus endeavor to increase
the usefulness of the Manual to its patrons.
WALTER S. BOOTH & SON,
716 2nd Avenue South,
Minneapolis, Minnesota.
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1
TABLE OF CONTENTS -PART I
Page
CHAPTER I -TOWNS AND TOWN OFFICERS
1. Towns, how organized and named 13
2. Powers and liabilities 15
3. Town meetings 21
4. Town officers -election, bonds, oaths, etc 25
6. Town board 33
6. Board of audit 4139
7. Town clerk
8. Town Treasurer 43
9. General provisions 47
10. Supervision of accounts 67
11. Cemeteries 71
12. Dynamite for clearing 74
13. Telephone systems 76
14. Docks 79
16. Water works -Tire and police protection 779
16. Dissolution of Towns
4
17. Plats 86
18. Control of pests 87
19. Town zoning 89
CHAPTER II -PUBLIC INDEBTEDNESS
1. General provisions 93
CHAPTER Ill -ELECTION LAWS
1. General provisions 104
2. Voter registration 107
3. Nominations and primary election 108
4. General and special elections 110
6. Conduct of elections 120
6. Municipal -Town and Village elections 137
7. Voting machines 147
8. Absent and disabled voters 147
9. Presidential electors 150
10. Election contest 150
11. Penal provisions 152
CHAPTER IV -TAXATION
1. General provisions 155
2. Listing and assessment real property 157
3. Listing personal property 165
4. Retained for Expansion 170
5. Bank Stock 170
6. Duties of assessor on failure to list 171
7. Review and correction of assessments 172
8. Proceedings before state tax commission 174
9. Levy and extension 177
10. Accounting and distribution of funds 180
11. Miscellaneous provisions 181
12. Village taxes -levy, assessments, etc. 182
CHAPTER V-ROADS
1. Highway construction, maintenance 183
2. Department of Highways 193
3. County and municipal state aid highways 197
4. County roads 204
5. Town roads 207
6. Bridges 215
7. Injuring and obstructing highways 220
8. Railroads and common carriers 220
9. Village roads, bridges, ferries 224
CHAPTER VI -MOTOR VEHICLES -LICENSE AND TAXATION227
CHAPTER VII-HIGHWAY TRAFFIC REGULATION ACT
1. Highway traffic 234
Article 1. Definitions 234
2. Obedience to traffic laws 238
3. Traffic signs, signals and markings 240
4. Accidents 242
Page
5. Criminal negligence, drunk and reckless driving245
6. Speed restrictions 246
7. Traveling on right side overtaking and passing249
8. Turning and starting signals 251
9. Right-of-way 263
10. Pedestrians' rights and duties 254
11. Street cars and safety zones 256
12. Special stops required 257
13. Stopping, standing and parking 258
14. Miscellaneous rules 260
15. Equipment 262
16. Size, weight and load 277
17. Penalties 281
18. Parties, procedure upon arrests, and
reports in Criminal Cases 282
19. Effect of and short title of aot 284
2. Miscellaneous provisions 284
CHAPTER VIII-PUBLIC HEALTH
1. Boards of health -powers and duties 287
2. Public health nurses 298
3. Vital Statistics
4. Offenses against public health and safety 302
5. Livestock sanitation 304
CHAPTER IX -RELIEF OF THE POOR
1. General provisions 312
2. Town systems 317
CHAPTER X-NON-INTOXICATING MALT LIQUORS 325
CHAPTER XI -PUBLIC DANCE HALLS 333
CHAPTER X11-NOXIOUS WEEDS 337
CHAPTER XIII-FORESTRY AND FIRE PREVENTION 349
1. Indebtedness for fire prevention 349
2. The forestry act 351
3. Municipal forests 354
CHAPTER XIV-CEMETERIES AND CEMETERY ASSOCIATIONS
1. Private cemeteries 355
2. Cemetery associations 356
3. General provisions 365
CHAPTER XV-PARTITION FENCES 370
CHAPTER XVI-ESTRAYS AND BEASTS DOING DAMAGE
1. Estrays 374
2. Beasts doing damage 375
3. Mischievous dogs 377
4. Running at large -of certain animals 379
5. Animals running at Large -in villages 380
CHAPTER XVII-LIENS
1. Filing 382
2. Seed grain Liens 383
3. Liens for services of breeding animals 383
4. Liens upon animals for shoeing 384
6. Thresher's liens 386
6. Motor vehicle liens 387
7. Liens for wages 888
8. Logs and timber liens 389
9. Liens on personal property 389
CHAPTER XVIII-STANDARDS
1. Weights and measures 392
2. Time 394
3. Definitions 394
TOWN MEETINGS
Subdivision (2). Vacancies. —When a vacancy occurs in any
town office the town board shall fill the same by appointment. The
person so appointed shall hold his office until the next annual town
meeting and until his successor qualifies; provided, that a vacancy
in the office of supervisor shall be filled by the remaining super-
visors and the town clerk until the next annual town meeting when
his successor shall be elected to hold for the unexpired term.
(367.03)
NOTE: Road overseer eliminated. The election of one road over-
seer as provided by former MSA 163.07 was eliminated in 1959 in ac-
cordance with an agreement with The Highway Laws Commission,
the highway laws being substantially revised in 1959.
1.45. Oath of office; bond; filing; penalties. —Every person
elected or appointed to a town office, within ten days after receiv-
ing notice of his election or appointment, shall take and subscribe
the oath required by law. If taken before the town clerk or a
justice of the peace, such oath shall be administered and certified
without fee.
Filing of oath and bond. —Before entering upon his duties, the
person taking such oath shall file the same with the town clerk.
Failure to file his oath and bond within the time prescribed by law
shall be deemed a refusal to serve.
Penalty for assuming office without oath. —Any town officer
who enters upon the duties of his office before taking the oath
required by law shall forfeit to the town the sum of $50.00. (367.25)
1.47. Clerk to report to county auditor. —After the annual
town meeting each town clerk shall report to the auditor of his
county the name and postoffice address of each town officer who
was elected and for what term elected. See Chapter 3, this Manual
MSA 205.06.
IV. TOWN OFFICERS, ELECTION, BONDS, OATHS, ETC.
1.52. For a list of the town officers to be elected, their terms of
office, and other pertinent information in this connection, see Sec-
tion 1.44 of this Manual (367.03)
Cited below are notes of opinions of the Attorneys General
applicable to this section.
Appointment of a treasurer, the office of which is vacant, should
be until next annual election, at which time his successor would be
elected, his term to expire at time of annual town meeting in uneven
numbered years. --Op. Atty. Gen., Apr. 3, 1933.
Offices of game warden and consta ble are not incompatible. —Op.
Atty. Gen., Aug. 25, 1932.
Town treasurer appointed assessor automatically vacated his posi-
tion as treasurer by qualifying as assessor. —Op. Atty. Gen., May 11,
1931.
A town cannot be divided into three districts for the purpose of
having one supervisor elected from each district. —Op. Atty. Gen.,
March 23, 1931.
Office of town clerk and justice of the peace not incompatible.
Op. Atty. Gen., March 10, 1933.
Office of town clerk and county commissioner are incompatible.
—Op. Atty. Gen., Jan. 6, 1933.
Note. If an officer is appointed to fill a vacancy the office
becomes vacant at the next annual town meeting.
TOWN MEETINGS
Offices of assessor and member of school board not incompatible.
—Op. Atty Gen., March 6, 1933.
1.53. Town superintendent. —Each organized town in school
districts containing twenty or more townships shall elect at its
annual town meeting a town superintendent. His term of office
shall be for one year and until his successor qualifies. His com-
pensation shall be fixed by the town meeting and shall remain as so
fixed until changed by a subsequent meeting, and shall be paid out
of the town funds.
1.54. Duties of town superintendent. —The town superintend-
ent shall advise the school board in regard to the location, erec-
tion, and repair of school buildings, the improvements of school
sites, the employment of teachers, the furnishing of school supplies,
and all other matters relating to the schools in the town. He shall
look after truants, visit the schools, attend meetings of school
officers called by the county superintendent, report from time to
time to the school board the condition of schools in his town, with
such suggestions in regard to their improvement as he may deem
proper, and, when authorized by the school board, make contracts
for fuel and other necessary supplies for the schools in his town,
and for ordinary repairs for the school houses.
Note: Chap. 137, G. L, 1935, provides for changing the time of
election in certain organized towns, the extension of the term of
office of certain officers, etc.
Sec. 1 applies the Act to every organized town in the State hav-
ing a total population of more than 15,000 and a total assessed valua-
tion of more than $60,000,000.00 including villages therein which are
not separated from the town for election and assessment purposes.
The town board may by resolution expressly accept the provisions
thereof by a majority vote of its board. After the adoption of such
resolution the town, its officers and electors shall be subject to the
Act unless within twenty days thereafter a petition be flied with the
town clerk signed by more than 25 per cent of the number of legally
Qualified or registered voters in the town voting at the last regular
town election demanding that a special election be called to review
said action of the town board, and rescind its said resolution. A
special election shall then be held within thirty days after such tiling,
at which the proposition shall be submitted to the voters whether said
resolution of the town board be rescinded. Unless a majority of
electors voting on the proposition vote in favor of rescinding, the act
shall thenceforth control the town.
Sec. 2 provides the time of election of all officers be changed from
the second Tuesday of March in each year to the first Tuesday after
the first Monday in November of each year, commencing in 1936. No
election shall be held in November 1935 nor in March 1936.
Sec. 3 extend the terms of office of all officers of the town whose
term would expire in 1936 to December 31, 1936. Those whose terms
would expire in March, 1937, are extended to December 31, 1937, and
those whose terms would expire in March, 1938, are extended to
December 31, 1938. Such officers shall all take office the first of Janu-
ary following their election for the same terms as now provided.
Sec. 4, provides that annual meetings shall be held in March as
usual and all other business of the town except elections, transacted
thereat.
Sec. 5. After the election the clerk of the town shall report to
the auditor the names and addresses of each officer elected. Super-
visors shall hold office for three years until their successors qualify.
The chairman shall be named at the first meeting of the board each
Year.
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TOWN OFFICERS
Sec. 6. Vacancies in any town office shall be filled by the board.
The appointed to hold office until the next town election and until a
successor qualifies; but the supervisor shall fill vacancies in its body
and in the town clerk's office.
Sec. 7. The fiscal year of all such townships shall be the calendar
year, and such town shall continue under this Act even though the
total population and assessed valuation may become less than the
Act provides. The Act contains the usual severability of a section for
invalidity.
We have carefully digested the law as it is long and is not believed
to apply to many cases.
1.55. Justice's bond. — Before entering upon his duties, and
within ten days after he is notified of his election or appointment,
every person chosen to the office of justice of the peace shall give
bond to the town in a sum of not less than $500 nor more than
$1,000, with sureties approved by the chairman of the town board,
conditioned for the faithful discharge of his official duties. The
approval of the chairman shall be indorsed on the bond, which,
together with his oath of office, such justice shall forthwith file with
the clerk of the district court for the benefit of any person
aggrieved by his acts, and any person so aggrieved may maintain
an action on such bond in his own name against the justice and
sureties. (367.21)
1.56. Constable's bond. —Before entering upon his duties, and
within ten days after he is notified of his election or appointment,
every person chosen to the office of constable shall give bond to the
town, in a sum directed and with sureties approved by the chair-
man of the town board, conditioned for the faithful discharge of his
official duties. The chairman shall indorse such approval on the
bond, and cause it to be filed with the town clerk, for the benefit of
any person aggrieved by the acts or omission of such constable,
and any person so aggrieved, or the town, may maintain an action
thereon in his own name against such constable and sureties.
(367.22)
1.67. Bond —how executed. —Every bond required of a town
officer shall be executed to the town by its name, and, when no
other provision is made, shall be in a sum fixed by the town board;
and, if none be fixed, then in the sum of the bond of the last incum-
bent of the office. Every such bond shall be approved by the chair-
man in writing thereon and filed with the town clerk within the
time prescribed for filing the oath of office. except the bonds of
the clerk and treasurer, which shall be filed with the clerk of the
district court and register of deeds, respectively. Whenever the
town board deems any bonds insufficient, it may require an addi-
tional bond to be made and filed, in a sum and within a time, not
less than ten days, to be fixed by them. (367.23)
Note: Bond and oath of assessor are filed with county auditor.
Note. The officers required to give bonds are the justices, con-
stables, treasurer, assessor, town clerk and town road overseer. The
sureties should justify and their justification be written out and
signed on the back of the bond before it is approved.
For oath of town officer, see form 16. Part II.
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TOWN OFFICERS
Note. The time and manner of qualifying the various town
officers is as follows:
FIrst—Supervisors must take and subscribe their oath of office
before an officer authorized to administer an oath, and file the same
with the town clerk within ten days after election or appointment or
notice thereof. Supervisors are not required to give bonds.
Second —Before entering upon his duties, the town clerk shall
execute his oath of office and execute his bond to the town with
sureties to be approved by the town treasurer in such penal sum
as the town board directs, which bond, with his oath of office, shall
be filed with the clerk of the district court.
Third —The treasurer must make and file his oath as above; and
before entering upon the duties of his office, execute his bond, to be
approved by the chairman of the town board and the amount, which
must be at least double the probable amount of money to be received
by him, must be determined by the board of supervisors. The chair-
man must file said bond, with his approval indorsed thereon, within
six days, with the register of deeds, who must record the same.
Fourth —The assessor must make and file his oath as above. and
file his bond in the sum of $500, with the proper oath indorsed there-
on, with the county auditor, on or before receiving from him the
books and blanks for making the assessments.
Fifth —Justices of the peace must take and subscribe their oath
of office before any officer authorized to administer oaths, within ten
days after receiving notice thereof; also, must execute their bond
and have the approval of the chairman of supervisors indorsed upon
it and immediately file their oath and bond with the clerk of the
district court. The town clerk must notify the clerk of the district
court immediately after their election.
Sixth —Constables must take and file their oath of office within
ten days after notification, and execute their bond, the amount to be
fixed by the town board, approval to be indorsed by the chairman
and to be filed with the town clerk. The town clerk must notify the
clerk of the district court immediately after the constables have
qualified.
Seventh —All bonds of township officers shall run to the township
by its name.
1.58. Resignations. —The town board, for sufficient cause shown
to them, may accept the resignation of any town officer, in which
case they shall forthwith give notice thereof to the town clerk.
(367.02)
1.59. Vacancies. —Whenever a vacancy occurs in any town
office, the town board shall fill the same by appointment. The per-
son so appointed shall hold his office until the next annual town
meeting and until his successor qualifies; provided, that vacancies
in the office of supervisor shall be filled by the remaining super-
visors and town clerk until the next annual town meeting, when
his successor shall be elected to hold for the unexpired term.
(367.03)
Note. The board of appointment consists of the town board
and a majority, of two, must be present and act in making
the appointment. and they can act legally only when met together as
a board. Notice of such meeting shall be previously given to every
member of the board. The board should be certain of the vacancy
before appointing a new incumbent. A vacancy In an office can
happen: 1. By the death of the incumbent, or: 2. By his re-
signation for suffic ent cause, his resignation being accepted and
notice given to the clerk. One cannot resign who has been merely
elected to an office and has not qualified and entered into possession
of it. 3. His removal from office. 4. His ceasing to be an in-
habitant of the district for which he was elected or appointed, or
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TOWN OFFICERS
within which the duties of his office are to be discharged. 5. His
conviction of any infamous (rime (a crime punishable with death or
imprisonment in the state prison), or of any offense involving a vio-
lation of his official oath. 6. His refusal or neglect to take his
oath of office or to give or renew his official bond, or to deposit or file
such oath or bond within the time prescribed by law. 7. The
decision of a (,ompetent tribunal declaring void his election or ap-
pointment.
Appointments, under the law, are not necessarily for the unex-
pired term, but only until the next annual town meeting.
As to the fact of a removal from or ceasing to be an inhabitant
of a town, it must be an actual removal, accompanied by an inten-
tion of abandoning the old and acquiring a new residence.
In selecting the person to fill a vacancy, the board would do well
to consider the fact of the appointee already holding another town
office, and see to it that the two are not incompatible with each oth-
er. Thus officers which are subordinate and interfering, such as jus-
tice and constable, supervisor and clerk, clerk and treasurer, chair-
man and treasurer, are plainly incompatible offices and should not be
held by the same person.
The supervisors should very cautiously and reluctantly accept
the resignation of a good town offieer, and for valid and sufficient
reasons only. A pressure of private business, or dislike of the labor
or responsibilities of an office on,e accepted and assumed, should not
excuse him. Nor if elected by the people should he be allowed to
resign to give place to the appointment of some one unacceptable to
the people.
in case of failure of newly -elected treasurer to qualify, old treas-
urer does not hold over, except until such time as office is filled by
appointment. —Op. Atty. Gen.. March 21. 1929.
1.60. Certain persons ineligible to appointment to office. —
No county, city, village, borough, town or school district officer
shall be appointed to fill a vacancy in any elective office if he
has the power, either alone or as a member of a board, to make
the appointment; and his ineligibility shall not be affected by his
resignation before such appointment is made. This section shall
not prevent the appointment of a member of a city or village
council to a different office on the council. (471.46)
1.61. Auditor to appoint assessor. —Whenever a vacancy in the
office of assessor is not filled by the town board before May let of
the year in which it occurs, the county auditor shall appoint some
resident of the county as assessor of such town. (367.04)
1.62. Delivery to successor. —Every town officer shall, imme-
diately after qualifying, demand of his predecessor, or other person
having control or possession thereof, of all books, records and other
property belonging to his office; and every person having control
or possession of any such books, records or property shall upon
such demand, deliver the same to such officer. (367.01)
1.63. Compensation of certain town officers. —The town assessor
shall be compensated at the rate of $6.00 per day for each day's
service necessarily rendered, for the first two years and shall be
compensated at the rate of $7.00 per day in each year of service
thereafter, not exceeding 90 days in any one year; but at the
annual town meeting the electors may increase the salary of the
assessor in any amount that they shall determine, but not to
:9
TOWN OFFICERS
exceed $8.00 per day, and mileage at the rate of six cents per mile
for each mile necessarily traveled in going to and returning from
the county seat of the county to attend any meeting of the asses-
sors of the county which may be legally called by the county audi-
tor, and also for each mile necessarily traveled in making his return
of assessment to the proper county officer. At the annual town
meeting, after reading and disposing of the annual report, the
electors may fix the compensation of the assessor on an annual
basis, but such compensation in any town having an assessed valu-
ation of more than $200,000, and less than $1,000,000, when so fixed
shall not exceed $500 and shall not be less than $100 in any one
year; and in any town having an assessed valuation, including
money and credits, of less than $200,000, the maximum compensa-
tion for assessor, in any year shall not exceed $400 and shall not
be less than $76.00. In addition to the per diem or compensation
fixed on an annual basis, the electors at the annual town meeting
may allow the assessor mileage at the rate of six cents for each
mile necessarily traveled in his assessment work. This subdivision
does not apply to any county having not less than 450,000 inhabi-
tants and assessed valuation, including money and credits, of more
than $450,000,000. (367.05)
Subd. 2. The following town officers shall be entitled to com-
pensation for each day's service necessarily rendered:
Supervisors and clerks, $8.00 when the service is rendered
within the town, and $8.00 when rendered without the town and
mileage at the rate of five cents per mile for each mile necessarily
traveled on official business out of town, but not exceeding $60.00
for such mileage for any one town officer in any year; but no super-
visor shall receive more than $480.00 as compensation in any one
year; provided, that in any town containing over 50, but not more
than 55, sections the salary of the supervisors, in addition to
mileage herein allowed, shall be $8.00 per day when the service
is rendered within the town, and $8.00 per cloy when the service
is rendered without the town, but no supervisor in any such town
shall receive more than $540.00 as compensation in any one year;
provided, further, that in any town in this state situated in any
county having a population of 550,000 or more, except as other-
wise provided by law embraced within the provisions and having
the powers and authority pursuant to Minnesota Statutes Anno-
tations Section 368.01, upon the approval of the annual town meet-
ing, the compensation and salary, in addition to mileage herein
allowed may be $8.00 per day for services rendered within or
without the town, but no supervisor in any such town shall receive
more than $1,000 as compensation in any one year, exclusive of
mileage compensation;
For the following services the clerk shall receive fees, and not
a per diem:
(1) Certifying each notice of election, 25 cents;
(2) Posting notices, each, 25 cents and ten cents for each
mile necessarily traveled;
(3) Filing each paper, ten cents;
(4) Recording orders and other instruments, ten cents per
folio;
30
TOWN OFFICERS
(5) Copying and certifying any record or instrument recorded
or filed in his office, ten cents per folio, to be paid by the person
applying therefor.
The voters at any town meeting, after reading and disposing
of the annual report, may, by resolution, fix the scale of wages
and the hours of employment of the road overseer and of any
other person employed by any town on any town road. The voters
at any town meeting, after reading and disposing of the annual
report, may, by resolution, increase or decrease the compensation
of town officers, not to exceed 50 per cent.
Nothing herein contained shall be construed to repeal any law
wherein any towns are classified for the purpose of fixing the
salaries, or maximum salaries, of any of their officers.
This subdivision shall not apply to any county containing a city
of the first class. (367.05)
Subd. 4. Town Clerk. Not withstanding the provisions of subd.
2 (above), the electors in any town having over 7,000 inhabitants,
excluding the population of any cities or villages therein, at the
annual town meeting may fix the compensation of the town clerk
at any amount not more than $250 per month. The amount so
fixed shall remain in effect until changed by the electors in a like
manner. Any fees received by any such town clerk shall be paid
over to the town treasurer and be placed by him in the general
revenue fund of the town. (3'67.05 Subd. 4)
Note. Compensation for town road overseer is fixed by the town
board.
Note. Subjects for record: Division of town into road districts;
Annual Reports of Board of Audit, Treasurer and Supervisors; Minutes
of Town meetings; Proceedings of Board of Supervisors; Road Or-
ders, when final.
A town clerk need not certify to a copy made by another\ person,
unless he chooses, as he and his sureties are responsible for its cor-
rectness, and are liable for its mistakes. If he does so certify, his
charges should not be less than the statute allows other officers for
certificates of copies, usually twenty-five to fifty cents; but he is
entitled by law to ten cents for each one hundred words of all copies
certified to by him.
Clerk not entitled to fee for writing township warrants but is en-
titled to "ten cents per folio" for recording them. —Op. Atty. Gen..
Apr. 4, 1933.
1.631. In any town within the following classifications,
valuations being exclusive of money and credits, the electors, by a
majority vote at any annual town meeting, after notice specifying
that the matter is to come before the meeting, may fix the salaries
of the chairmen and supervisors of the town board in amounts
not less than as provided in Section 367.05, (See § 1.63 above) nor
more than the amounts authorized in this section. The amounts so
fixed shall remain in effect until changed by like action of the
electors. The classifications are:
(1) In all towns having a population of 7,000 or more exclud-
ing the population of any cities or villages therein the salary of
the supervisors may be $100 each per month and the salary of the
chairman may be $150 per month;
31
TOWN OFFICERS
(2) In all towns having a population or more than 2,000, in-
cluding the population of any village therein and an assessed val-
uation of more than $10,000,000, and an area of 108 sections of
land the salary of the supervisors may be $250 each per month
and the salary of the chairman may be $275 per month;
(3) In all towns not included within the foregoing classifica-
tions, having a population of more than 2,000 and an assessed
valuation of more than $1,750,000, the salary of each supervisor
may be $35 per month and the salary of the chairman may be $50
per month;
(4) In all towns not included within any of the foregoing
classifications having a population of more than 500 and as assess-
ed valuation of more than $1,000,000, the salary of each supervisor
may be $50 per month and the salary of the chairman may be $65
per month. (367.06)
1.64. Compensation for use of automobile. —The maximum
amount which shall be paid by the state, any department or bur-
eau thereof, or any county, city, village, town, or school district,
to any officer or employee, except sheriffs or deputy sheriffs, as
compensation or reimbursement for the use by such officer or em-
ployee of his own automobile in the performance of his duties
shall not exceed seven and one-half cents per mile. (350.11
Subd. 1)
Note: Base allowances of $1.50 per day under certain circum-
stances are allowed in Hennepin and Ramsey Counties.
This section shall be construed as amending all existing laws
authorizing such allowances or reimbursements by imposing the
maximum limit above set forth.
1.65. Fees and duties of pound master. —Pound masters shall
be allowed fees as follows, viz.:
1. For taking animals into the pound and discharging the same:
(a) Sheep, three cents each.
(b) Hogs, five cents each.
(c) All other animals, ten cents each.
2. Keeping animals in pound, twenty cents for each twenty-
four hours.
3. For selling impounded animals, two per cent, of the amount
of sale.
The pound master shall have a lien on impounded animals foi
his fees, which shall be paid before such animals are discharged
If not discharged within four days, they shall be advertised by the
pound master for sale at public auction to the highest bidder, at the
place where impounded, upon fifteen days' posted notice. At the
time and place fixed in the notice, the pound master shall sell the
same pursuant thereto. Out of the moneys received from such
sale, he shall deduct his fees and charges, and pay the balance to
the chairman of the town board, and at the same time deliver to
such chairman a correct written description of each animal sold,
and a statement of the amount received for the same. He shall
take duplicate receipts therefor, one of which shall be filed with the
clerk. If the owner of any animal so sold appears within six
TOWN OFFICERS
months, the money received by said cha rman shalt be paid to him.
If not claimed within that time the same shall be paid into the
town treasury. (367.24)
1.66. Vacation to employees. —That hereafter the governing
body of every city, village and town in the State of Minnesota,
however organized, may by resolution or ordinance provide tot
the granting of vacations, with or without pay, to all its regular!,
employed employees or officers, upon sucn terms and under such
conditions as said governing body may determine, and subject to
such requirements as to length of service with such municipality
as said governing body may require. Nothing in the foregoing
provisions shall be construed as retroactive in its purpose of in•
tent so as to give the governing body of any such city, N illage or
town the right to grant vacations based on service of its employees
or officers rendered prior to the enactment of such ordin.rnce or
resolution. (471.66)
1,661. Misappropriation of Public Funds —Every public offi-
cer, and every other person receiving money on behalf or for ac-
count of the people of the state, or of any department of the state
government, or of any bureau or fund created by law, in which
the people are directly or indirectly interested, or for or on account
of any county, city, village, borough, town or school district, who:
(1) Shall appropriate to its own use, or the use of any per-
son not entitled thereto, without authority of law, any money so
received by him as such officer or otherwise;
(2) Shall knowingly keep any false account, make any false
entry or erasure in any account, of or relating to any money so
received by him;
(3) Shall fradulently alter, falsify, conceal, destroy, or oblite-
rate any such account; or
(4) Shall wilfully omit or• refuse to pay over to the state,
its officers or agent authorized by law to receive the same, or to
such county, city, village, borough, town, or school district, or to
the proper officer or authority empowered to demand and receive
the same, any money received by him as such officer, when it is
a duty imposed upon him by law to pay over and account for the
same —
Shall be guilty of embezzlement of public funds, and shall be
punished by imprisonment in the state prison or county jail for
from one to seven years, or by a fine or from $1,000 to $10,000, or
both such fine and imprisonment. (620.01)
V. POWERS OF TOWN BOARD
1.67. How constituted —duties. —The supervisors of each town
shall constitute a board to be designated "The Town Board of.."
and any two shall constitute a quorum except when otherwise pro-
vided. The supervisors shall have charge of all the affairs of the
town not by law committed to other officers. They shall draw ord-
ers on the treasurer for the disbursement of money to pay the town
33
TOWN BOARD
expenses, and for all money raised by the town to be disbursed for
any other purpose. They may pay the premium upon the bond of the
town treasurer where the surety is a corporation authorized by
law to be surety. They may prohibit or license and regulate the
keeping of billiard, pool, and pigeon -hole tables, games of amuse-
ment, games of _kill, juke boxes, roller skating rinks, bowling
alleys, circuses, shows, theatrical performances, and the sale of
fireworks, and may license and regulate public dancing places, fix
the price and time of continuance of such license, and when in
their opinion the public interest requires it, revoke the same. They
may license the sale of soft drinks and soft drink vending mach-
ines and fix the Dr'.ce and duration of such licenses and when in
their opinion the public interest requires it, revoke the same. They
may appropriate out of the general fund of the town and draw
orders on the treasurer for the disbursement of money to pay the
annual dues in the Minnesota unit of the national association of
township officers and the actual and necessary expenses of such
delegates as the town board may designate to attend meetings of —
such association. The aggregate amount for such purposes so ex-
pended by any such town in any one year shall not exceed the
sum of $50. They may select and designate a bank as the deposi,.
tory of town money for a time not extending beyond their official
term, on the execution by such bank of a sufficient bond to the
town, in double the sum deposited, to be approved by the board
and filed in the office of the town clerk, and thereupon may
require the treasurer to deposit all or any part of the town money
in such bank. Such designation shall be in writing, and set forth
all the terms and conditions upon which the deposits are made,
be signed by the chairman and clerk, and filed with the clerk. The
town treasurer shall not be liable for the loss of money while so
deposited, and all interest thereon shall belong to the town.
(366.01)
It Is the duty of town clerk to be present at all meetings of the -
town board and act as clerk thereof. He is entitled to be present at
all meetings of the board. —Op. Atty. Gen., Apr. 11. 1933.
Town board has no authority to reduce tax levy made by voters
at town meeting. —Op. Atty. Gen., March 7, 1933.
Town may purchase truck for general purposes of the township
with moneys appropriated from the general fund. —Op. Atty. Gen..
Jan. 25, 1933.
Town board not bound by vote at annual meeting that no roads
be built during next five years. if money was voted for road purposes.
—Op. Atty. Gen.. March 17, 1933.
The board of supervisors of any organized town containing five
or more government townships, and having a total population includ-
ing villages therein which are not separated from the town for
election and assessment purposes. of 15.000 inhabitants, may establish
and maintain a portable circulating library for the education. benefit
and welfare of the people of such town, and for this purpose may
purchase and equip a motor vehicle and may furnish a driver. a
librarian, and such further clerical assistance as it shall deem reason-
ably necessary for the maintenance of such library.—G. L. 1933.
Chap. 176.
For appointment of road overseers, see 9.55 etc. § 9.55. For other
duties of Town Board, see the chapter on Public Health § 19.00, etc.
For duties in connection with roads, see §s 9.50 etc., 9.70, etc.
As to deposit of town moneys. See Chapter XIX, Bonds. Sure-
ties and Depositories, particularly§s 170.00, et seq.
As to the laws relating to licensing of public dances see § 60. etc.
§ 40, etc.
34
TOWN BOARD
For Powers of town boards in relation to sale of malt liquors, seo
chapter on Non -Intoxicating Malt Liquors.
Town board can ratify road contract executed without advertis-
ing and by an individual member of the board, and pay for benefits
received. —Op. Atty. Gen., Sept. 1, 1931.
The individual members of a town board do not have the power
to employ men without action of the hoard at a meeting. —Op. Atty.
Gen., Sept. 3. 1931.
A member of a town board maliciously opposing the allowance of
a proper bill would be liable for punitive damages. —Op. Atty. Gen.,
Sept. 9, 1931.
A town board may temporarily lease its road equipment for hire
to private individuals for private work. —Op. Atty. Gen., Sept. 11.
1931.
A town board may lawfully rent its road equipment to another
town in the county. —Op. Atty. Gen., Sept. 11. 1931.
County board has no authority over amount of money to be raised
by towns for road and bridge purposes. —Op. Atty. Gen., March 23,
1933.
Town meeting having failed to vote money for any purpose, town
board does not have authority to make levy. —Op. Atty. Gen., March
22, 1933
Weed control powers (366.015), see § 9.63 this Manual.
1.68. Certain towns may pay annual dues to association. —Any
city. village, town or school district in which more than 55 per cent
of the assessed valuation of real and personal property, excluding
moneys and credits, consists of iron ore, may pay annual dues in
The Range Municipalities and Civic Association; provided, that
in cities, villages, towns or school districts hav,ng 3,000 inhab`t-
ants, such dues shall not exceed the sum of $500.00 per year and
in cities, villages, towns or school districts having less than 3,000
inhabitants, such dues shall not exceed the sum of $250.00. (471.58)
1.69. Billiard table, etc. —license. —Any person who shall ex-
hibit any circus, theatrical performance, or show of any kind, or who
shall keep a billiard, pool, or pigeonhole table, or a bowling alley
in any town. without first obtaining a license therefor as provided
in 366.01 (§ 1.67 above) shall be guilty of a misdemeanor, and upon
conviction shall be punished by a fine of not more than $250.00, or
by imprisonment in the county jail for not more than 90 days.
(366.19)
1.70. To prosecute bonds, etc. —The town board shall prose-
cute. in the name of the town and for its benefit.. all actions upon
bonds given to the town, or to it or to its predecessors in office
for its benefit, and sue for and collect all penalties and forfeitures,
in respect to which no other provision is made, incurred by any
officer or inhabitant of the town, and in like manner prosecute for
any trespass on town property. All moneys collected under this
section shall be paid to the town treasurer. (366.05)
1.71. May repair village streets. —If any village included in
the limits of a town neglects to keep its streets in repair, the town
board of such town may cause repairs and improvements to be
made on any such street needed as a highway. (366.03)
1.72. Town board authorized to transfer funds. — The town
board of any township In this state, by unanimous vote thereof. may
transfer any surplus beyond the needs of the current year In any
town fund to any other town fund to supply a deficiency therein.
[1053] (366.04)
35
TOWN BOARD
A town has authority to spend money from road and bridge fund
for fire flghting where a road would be endangered by spreading of
fire. —Op. Atty. Gen., Oct. 3, 1932.
A town has authority to use money from general fund for fire
fighting. —Op. Atty. Gen., Oct. 3. 1932.
Transfer of funds is based upon the proposition that there is a
surplus beyond the needs of the current year In the fund from which
they are to be transferred. —Op. Atty. Gen., Apr. 3, 1933.
Does not permit transfers from "Fire Fund." —Op. Atty. Gen.,
Feb. 27, 19R3.
1.73. Lighting of highways. —The town board of any town is
hereby authorized to light any public highway within territorial
jurisdiction where such lighting is necessary for the safety of
travel upon such highway at night. The cost of the installation
and maintenance of such lights shall be paid from the town road
and bridge fund. (163.08)
1.74. Viewers when fence on town Tine. —Where a partition
fence is to be built on a line between towns, or partly in one town
and partly in another, a supervisor taken from each town shall be
the fence viewers thereof. (344.14)
1.75. Fence viewers. —Supervisors in their respective towns,
aldermen of cities in their respective wards, the Commissioner of
Public Works in cities having a commission form of government,
and village trustees in their respective villages, shall be fence
viewers. (344.01)
1.76. Town board may make a contract with hospital. —The
governing body of any village or town lying within a distance of
fifteen miles of not more than one private hospital is hereby au-
thorized and empowered to enter into a contract with such hos-
pital for a specified term of years not exceeding five years, where-
by the municipality becomes obligated to appropriate to such hos-
pital not to exceed $100 annually in the case of towns, and $200.
annually in the case of villages, and such hospital in considera-
tion thereof becomes obligated to care for and treat the indigent
sick of such municipality at reduced rates, which shall not ex-
ceed three -fourths of the customary rates and charges made by
garb hnsnital and after such contract has been duly executed it
shall be lawful for 'such municipality to appropriate funds to such
hospital in accordance with the terms of such contract. (471.47)
1.77. Joint exercise of powers by municipalities, including
towns. —Two or more governmental units, by agreement entered
into through action of their governing bodies, may jointly or co-
operatively exercise any power common to the contracting parties
or any similar powers, including those which are the same except
for the territorial limits within which they may be exercised. The
term "governmental unit" as used in this section includes every
city, village, borough, county, town, school district, and other po-
litical subdivision.
Such agreement shall state the purpose of the agreement or the
power to be exercised and it shall provide for the method by which
the purpose sought shall be accomplished or the manner in which
the power shall be exercised.
The parties to such agreement may provide for disbursements
36
TOWN BOARD
from public funds to carry out the purposes of the agreement.
Funds may be paid to and disbursed by such agency as may be
agreed upon, but the method of disbursement shall agree as far
as practicable with the method provided by law for the disburse-
ment of funds by the parties to the agreement. Strict account-
ability of all funds and report of all receipts and disbursements
shall be provided for.
Such agreement may be continued for a definite term or until
rescinded or terminated in accordance with its terms.
Such agreement shall provide for the disposition of any prop-
erty acquired as the result of such joint or cooperative exercise of
powers, and the return of any surplus moneys in proportion to
contributions of the several contracting parties after the purpose
of the agreement has been completed.
Residence requirements for holding office in any governmental
unit shall not apply to any officer appointed to carry out any such
agreement.
This act does not dispense with procedural requirements of
any other act providing for the joint or cooperative exercise of
any governmental power. (471.59)
1.78. Hawking or peddling; exemption from license fees; mun-
icipal licensing; penalty for unlawful issuance of license. —No
license fee or other charge provided by any law of the state shall
be required by a`iy veteran* for the privilege of hawking or
peddling goods and merchandise, not prohibited by law or ordi-
nance in the county where he has established a bona fide residence
solely upon his own account. Nothing herein contained prevents
any city, village, borough, or other municipality from levying and
collecting such iicense fees for hawking or peddling within its
corporate limits. Upon application therefor, accompanied by proof
of such discharge, to any clerk or other officer authorized to issue
such license, the same shall forthwith be granted. Every such
clerk or other officer issuing such license shall ascertain that
the applicant is entitled thereto; and any sllch clerk or other
officer issuing a license to any person who is not entitled to re-
ceive one under the provisions of this section shall be guilty of
a misdemeanor. Every violation hereof is a misdemeanor, the
minimum punishment whereof is a fine of $10. (197.59)
1.781. Veteran defined. —The word "veteran" as used in sec-
tions 197.20. 197.59, 197.601, 282.031, 282.032, 306.03 means any per-
son honorably discharged from the armed forces of the United Sta-
tes who served in Civil War, Spanish Amerman War, Phillippine
Insurrection, China Relief Expedition, World War I between April
r 1917 and November 11, 1918. both dates inclusive, World War TT
between December 7. 1941 and September 2, 1945, both dates in-
clusive or in the Korean conflict between June 27, 1950 and July
27, 1953, both dates inclusive. (197.447)
Preference —Veterans. By MSA 197.45 it is provided, that in every
public department and upon all public works in Minnesota and the
counties, cities and towns thereof, veterans of the army or navy of
the United States who are citizens of the United States and have
been residents of Minnesota for five years immediately preceding
their application, shall have preference in appointments, employment
and promotion over other applicants therefor. (197.45 Sub. 2)
1.79. Licenses for carnivals, etc., near cities. —No town board
37
TOWN BOARD
or other public authority shall hereafter issue any license or per-
mit or make any other grant of authority permitting the operation
or carrying on of any itinerant carnival, street show, street fair,
side show, circus, or any similar enterprise, within one mile of
the corporate limits of any city of the fourth class in this state,
without having first obtained in writing the consent thereto of the
council or other governing body of the city. (437.0i)
1.80. When null and void. —Any license, permit or other grant
of authority issued or made in violation of the provisions of
437.07 to .11 shall be absolutely null and void. (437.08)
1.81. Not to operate without license. —No person, firm, copart-
nership, corporation or association of any nature or kind shall
operate or attempt to operate or carry on any itinerant carnival,
street show, street fair, sideshow, circus, or any similar enter-
prise, within one mile of the corporate limits of any city of the
fourth class in this state without license or permit so to do law-
fully granted under the restriction provided in 437.07 to .11.
Any person violating any of the provisions of this section shall
be guilty of a misdemeanor; and any such enterprise operated
without license or permit as herein prescribed is hereby declared
to be a public nuisance. (437.09)
1.82. Carnival, etc., defined. —An itinerant carnival, street show.
street fair, side show, circus, or other similar enterprise, within the
meaning of §437.07 to 437.11, is any itinerant carnival, street show,
street fair, side show, circus or other similar enterprise, which is
held, operated or carried on in the open or indoors or upon or with-
in any public or private ground, at which there congregates and
assembles, with or without payment of an admission fee, a
promiscuous gathering of people as spectators or otherwise.
(437.10)
Note: Nothing in 437.01 to .11 shall be construed to abrogate
616.39 which declares intinerant carnivals a nuisance. (437.11)
Note: Certain restaurants at county agricultural fairs are exempt
from all licensing. (157.033)
1.83. Boxing and sparring exhibitions. —No license shall be
issued for the conducting of any boxing or sparring exhibitions
within the limits of any municipality. except cities of the first
class, unless the governing body thereof has first consented to
the holding of boxing or sparring exhibitions therein; in the event
that the license is for the conducting of boxing or sparring exhi-
bitions in any county outside the limits of a municipality, such
license shall not be issued until the board of county commission-
ers of said county and also the governing body of the township
shall have authorized the holding of boxing or sparring exhibitions
in such community, and each such license shall designate the par-
ticular community in such county where such exhibitions are held.
Such consent by the governing body of such municipality or by
the county board or by the governing board of the township shall
be evidenced by a certified copy of a resolution thereof filed with
said commission. Such governing body may revoke such consent
1
38
TOWN BOARD
any time, and any licenses shall expire thirty days after the reso-
lution revoking consent has been flied with the commission.
(341.08)
The commission referred to is the state athletic commission,
which grants all licenses for such exhibitions.
1.84. Public bathing beaches —regulations. —A public bath-
ing beach as the term is used in this act, shall be taken to mean
any public land, road or highway adjoining public waters, which
have been or may be used for bathing or swimming, or any pri-
vately owned place which the public is permitted to frequent or
use for bathing. (616.14)
In all counties which now have or shall hereafter have a popu-
lation of 450,000 or more, it shall be unlawful for any person to
frequent a public bathing beach or public waters upon which the
same immediately borders for the purpose of swimming or bath-
ing, or congregating with others, or to swim or bathe or congre-
gate thereat, between the hours of 10:30 P. M. and 5:00 A. M. of
the day following. (616.14)
The governing bodies or boards of all counties having a popu-
lation of more than 450,000, and all cities, villages and towns situ-
ated wiLwn such counties, shall have authority by ordinance, reso-
lution or by-law, to regulate the use of public bathing beaches and
public waters immediately bordering thereon for the purpose of
bathing or swimming or congregating with the others thereat,
within their respective territorial limits not inconsistent herewith.
(616.14)
If any such body or board shall reasonably determine that the
safety, health, morals or general welfare of the public shall so re-
quire, it may by ordinance, resolution or by-law, provide that any
such public bathing beach shall be closed to bathing, swimming
and congregating after the hour of 9:00 P. M. or after any time
between 9:00 P. M. and 10:30 P. M. of any day. (616.14)
plement] (616.14)
Nothing in this act shall limit or abrogate any of the exist-
ing powers of any body or governing board of any county, city,
village or town. (616 14)
If any part or section of this act shall be held to be invalid,
it shall not invalidate any of the other provisions hereof.
Any person violating any of the provisions hereof shall be
guilty of a misdemeanor. (616.14)
The above applies to all towns and villages in Hennepin County.
VI. BOARD OF AUDIT
1.85. How constituted —meetings. —The town board shall con-
stitute a board of audit, and shall meet each year on the Tuesday
next preceding the annual town meeting for the purpose of audit-
39
BOARD OF AUDIT
ing and settling all charges against the town, and all unpaid
accounts of town officers for services rendered since the last an-
nual meeting of the board shall be presented at such meeting.
They may also meet at such other times as they deem necessary
for the purpose of auditing and settling charges against the town;
but no allowance of any account shall be made which does not
specifically state each item of the same. If any supervisor fails
to attend, a justice of the peace shall be called to fill the vacancy.
(366.20)
Note: The town board of audit consists of three distinct per-
sons, all of whom must be present and act in auditing accounts
against the town. Either the three supervisors, or one or more
supervisors with one or more justices —three in number —must
make up the board. Every account against the town must specific-
ally state each item and ite nature and the date and amount sep-
arately, and there must be a declaration by the claimant, or his
agent that the amount is just and correct before the board can act
upon it. When presented in the proper shape, the board must act
upon it and may allow or disallow the same in whole or in part;
saving to claimants the right of appeal, and should indorse the
amount allowed on the back of the account, and the town clerk
must preserve and file and make an abstract of it in the records.
When pronerly audited the town clerk may a town nrrler
for the amount allowed. to be signed by the chairman and counter-
signed by the clerk, but no town order can be issued for an account
or pretended claim against a town until it has been first audited,
and allowed by a full auditing board of three.
1.86. Duties. —It shall be the duty of such board of audit:
1. To examine and audit the accounts separately of each town
officer authorized by law to receive or disburse money.
2. To examine and audit every account presented against the
town. and to indorse thereon the amount allowed and disallowed,
stating the items, and no allowance shall be made on any account
which does not specifically give each item. with the date, amount,
and nature thereof, separately. Such statement shall be verified
by the claimant, his agent or attorney, and filed with the town
clerk, and no such claim against any town shall be considered or
acted upon unless such statement shall be made and tiled.
3. To examine into the character and circumstances of every
other demand presented against the town which they are not au-
thorized to audit, and in their report to give a summary thereof,
with their recommendations in regard thereto.
4. To report in detail the items of accounts audited and al-
lowed, the nature of each. and the person to whom allowed, and the
same in respect to accounts disallowed. Such report shall also
contain a statement of the fiscal affairs of the town, with an esti-
mate of the sum necessary to be raised for the current expenses
or other authorized purpose for the ensuing year, and such recom-
mendations as they deem advisable. (366.21)
See the chapter on Relief of the Poor.
1.87. Report posted and read. —The clerk shall post a copy of
such report at the place of holding the town meeting at least half
an hour before the time for opening the polls. Such report shall
also be publicly read by the clerk to the meeting, and the whole
or any portion thereof may be referred by the meeting to a com-
mittee, who shall examine the same and report to the meeting
thereon. For making such report the clerk shall receive one-half
40
L_
TOWN CLERK
the fees allowed oy law for making the original report. (366.22)
(366.22)
A town need not publish the financial statement. —Op. Atty. Gen., - -- -- /
Sept. 30, 1931.
1.38. Fraudulently presenting claims to public officers for
payment. —Every person, who, with intent to defraud, shall know-
ingly present, for audit, allowance, or payment, to any officer or
board of the state, or of any county, city, town, village, or school
district authorized to audit or allow or to pay bills, claims, or
charges, any false or fraudulent claim, bill, account, writing, or
voucher, or any bill, account, or demand containing false or fraudu-
lent charges, items or claims, shall be guilty of a felony. (614.54)
VII. TOWN CLERK
1.89. Bond and oath. —Every person elected or appointed to
the office of town clerk, before he enters upon the duties of his
office, shall give bond to the town, with sureties approved by the
town treasurer, in such penal sum as the town board directs, con-
ditioned for the faithful discharge of his duties. Such bond, with
his oath of office, shall be filed with the clerk of the district court,
and an action may be maintained thereon by the town or any per-
son aggrieved. (367.10)
1.90. Town clerk may hold office in village —when. —The town
clerk of any town in this state may hold his office in any village,
the territory of which said village shall have been, prior to
the incorporation thereof, a part of and included within the boun-
daries of such town. (367.13)
1.91. May appoint deputy. —Each town clerk may appoint
deputy, for whose acts he shall be responsible, and who, in case of
his absence or disability, shall perform his duties. (367.12)
1.92. Duties of clerk. —It shall be the duty of the town clerk:
1. To act as clerk of the town board, and keep in his office a
true record of all its proceedings.
2. To have the custody of the records, books and papers of the
town, when no other provision is made by law, and to file and
safely keep all papers required by law to be filed in his office.
3. To record in the book of town records minutes of the pro-
ceedings of every town meeting, and enter therein at length every
order or direction and all rules and regulations made by the town
meeting.
4. To file and preserve all accounts audited by the town board
or allowed at a town meeting, and enter a statement thereof in
the book of records.
5. To transmit to the clerk of the district court, immediately
after the election of any justice of the peace of his town. a written
notice stating therein the name of the person elected, and the term
for which he was elected, and, if elected to fill a vacancy, the
name of the last incumbent of the office, and likewise the name of
every constable, after he shall have qualified, upon the resig-
41
TOWN CLERK
nation of a justice or constable, to immediately transmit to such
clerk notice thereof.
6. To record every request for any special vote or special town
meeting, and properly post the requisite notices thereof.
7. To post. as required by law, fair copies of all by-laws made
by the town, and enter, over his signature, in the town records, in
connection with such by-laws, the time when and places where the
same were posted.
8. To furnish to the town board of audit at its annual meeting
every statement from the county treasurer of money paid to the
town treasurer, and all other information respecting the fiscal af-
fairs of the town in his possession, and all accounts, claims and
demands against the town filed with him.
9. To perform such other duties as are required of him by
law. (367.11)
Insertion of wrong name and omission of date in notice of town
meeting do not constitute malfeasance on part of clerd.—Op Atty.
Gen., Apr. 15, 1983.
1.93. Clerk to report to auditor the election of town officers. —
Immediately after the annual town meeting each town clerk shall
report to the auditor of his county the name and postoffice address
of each town officer who was elected and for what term elected.
(212.16)
1.94. Acknowledgments —by whom taken in this state. —The fol-
lowing named officers shall have power to take and certify ac-
knowledgments within the state:
1. Every member of the legislature, so long as he shall remain
such and continue to reside in the district from which he was
elected; but he shall receive no fee or compensation for so doing.
The form of his official signature in such cases shall be, "A. B.,
Representative (or Senator) Dist het, Minnesota. My
term expires January 1, 19
2. The judges and the clerks and deputy clerks of all courts of
record, residing within the state, including those of the Circuit and
District Courts of the United States, and resident United States
commissioners.
3. Notary public, justices of the peace, and the clerks or re-
corders of towns, villages. boroughs and cities.
4. Court commissioners, registers of deeds, and county audi-
tors, and their several deputies, and county commissioners, all
within their respective counties. (358.15)
1.95. Oaths —by whom and how administered. —Any officer
authorized to take and certify acknowledgments ( § 1.94 above)
may administer an oath, and, if the same be in writing, may cer-
tify the same under his official signature and the seal of his office,
if there be one, in the following form: "Subscribed and sworn
to before me, this day of 19 ." The
mode of administering an oath commonly practiced in the place
where it is taken shall be followed, including, in this state, the
ceremony of uplifting the hand. (358.09)
1.96. Soldiers and sailors abroad. —Any person enlisted, com-
missioned, or employed in the armed forces of the United States,
L 42
TOWN CLERK
and the wife of any such person, in addition to the acknowledg-
ment of instruments in the manner and form and as otherwise auth-
orized by sections 358.24 and 358.26 (having to do with acknowledg-
ments in foreign countries), may acknowledge the same wherever
located before any officer in active service of the armed forces
of the United States with the rank of second lieutenant or higher
in the army or marine corps, or ensign or higher in the navy, or
any commissioned officer in active service of any component of the
armed forces of the United States as now or hereafter constituted,
which officer shall certify thereto over his official signature and
title in substantially the form applicable as provided in section
358.26, omitting reference to an official seal. Such certificate shall
state that the person so acknowledging is at the time of acknowl-
edgment enlisted or employed in the armed forces of the United
States and that the officer taking the acknowledgment is in the
active service of the armed forces of the United States. The
authentication of acknowledgments provided by section 358.26 is
not required. No charge of any character shall be paid to or
exacted by any officer taking the acknowledgment. Any instrument
hereto ore acknowledged by the wife of any person named in Sub-
division 1 is hereby legalized and validated. (358.27)
1.97. Affirmation in lieu of oath. —If any person of whom an
oath is required shall declare that he has religious scruples against
taking the same, the word "swear" and the words "so help you
(god" may be omitted from the foregoing forms, and the word
"affirm" and the words "and this you do under the penalties of
perjury" shall be substituted therefor, respectively, and such person
shall be considered, for all purposes, as having been duly sworn.
(358.08)
1.98. New town —papers. —Whenever a new town is organized,
embracing any part of an existing town, the clerk of such existing
town shall deliver to the clerk of the new town all papers and files
removable, and certified copies of all records, papers, and files not
removable, pertaining to such new town; and the same, being
deposited in the office of the clerk of the new town, shall, have the
same effect as if ,iriginals, and originally filed therein. (367.14)
VIII. TOWN TREASURER
1.99. Bond. —Every person elected to the office of town treas-
urer, before he enters upon the duties of his office, shall give bond
to the town in double the probable amount of money to be received
by him, to be determined by the board, conditioned for the faithful
discharge of his duties as such treasurer. Within six days there-
after the chairman shall file such bond, with his approval indorsed
thereon, for recor,l, with the register of deeds. (367.15)
County auditor shall give a warrant on the county treasurer
for the amount due to any town, city or village. or school district,
upon application of its treasurer, and upon the filing of a certificate
of its clerk that the person applying is such treasurer, duly elected or
appointed, and has given bond according to law.
Where a defalcation occurs on the part of a Public official who
has succeeded himself for one or more terms, the bondsmen who
were such at the time of the defalcation are liable.
43
TOWN TREASURER.
2.00. Duties. —It shall be the duty of the town treasurer:
1. To receive and take charge of all the moneys belonging to
the town, or which are required to be paid into its treasury, and
to pay out the same only upon the order of such town or its
officers, made pursuant to law.
Note: See P>onds, Sureties and Depositories
2. To preserve all books, papers and property pertaining to
or filed in his office.
3. To keep a true account of all moneys by him received by
virtue of his office, and the manner in which the same are dis-
bursed, in a book provided for that purpose, and exhibit such
account, together with his vouchers, to the town board of audit, at
its annual meeting for adjustment.
4. To deliver on demand all books and property belonging to
his office, and all moneys in his hands as such treasurer, to his
successor in office, when qualified.
5. To keep in a suitable book a register of all town orders
presented for payment that he cannot pay for want of funds, with
the date when so presented, and to indorse upon the back of all
such orders the words, "Not paid for want of funds," with the date
of such indorsement, signed by him as town treasurer.
6. To draw from the county treasurer from time to time such
moneys as have been received by such treasurer for his town, and
receipt therefor.
7. To make and file with the town clerk, within five days
preceding the annual town meeting, a statement in writing of the
moneys received by him from the county treasurer, and from all
other sources, and all moneys paid out by him as such treasurer,
setting forth the items thereof, from whom and on what account
received, and the date of receiving the same; also to whom and for
what purpose any moneys have been paid out by him with the
amount and date of each payment, and the unexpended balance in
his hands.
8. To perform such other duties as are required of him by
law. (367.16)
The certificate of the board of audit is conclusive upon the board
of supervisors, and they are precluded from going behind It to inquire
as to the merits of the particular items allowed, but are bound to
act upon the amount allowed without modification, if their proceedings
were regular and there was a proper auditing board.
2.02. Violation —penalty. —Every town treasurer who refuses
or neglects to comply with the provisions of the preceding section
shall be guilty of a gross misdemeanor, and, in addition to the
punishment prescribed therefor, shall forfeit his office as such
treasurer. (367.17)
2.03. To pay audited accounts. —Accounts audited and allowed,
and the amount of any account voted to be allowed, at any town
meeting, shall be paid by the town treasurer, on the order of the
town board, signed by the chairman and countersigned by the clerk.
Each order shall be so drawn that when signed by the treasurer
in an appropriate place, it becomes a check on the town depository.
The orders shall be received in payment of town taxes of such
town. (367.18)
44
TOWN TREASURER
2.04. Order of payment —interest. — Town orders shall bear
interest at the rate of not to exceed five (5) per cent from the date
when presented to the treasurer for payment, and shall be paid
in the order in which they are registered, out of the first money
that comes into treasurer's hands for that purpose. (367.19)
2.05. Fees. —Each town treasurer shall be allowed to retain
two per cent of all moneys paid into the town treasury for re-
ceiving, safely keeping, and paying over the same according to
law provided that his compensation shall in no case exceed forty
dollars in towns containing not more than 36 sections of land, and
fifty dollars in towns containing more than 36 sections of land,
in any one year. The voters at the annual town meeting, before
balloting for officers begins, may increase :itch maximum com-
pensation in an amount not to exceed a total of $100 in any one
year. None of the provisions of this act shall affect the salary
of any town treasurer in any township whose assessed valuation
is over one million dollars. Provided, that hi any town in this
state situated in any county having a population of 550.000 or
more, upon the approval of the annual town meeting, the town
treasurer may be allowed to retain not to exceed two per cent of
all moneys paid into the town treasury for receiving, safely keep-
ing and paying over same according to law, but further provided
that his compensation shall in no case exceed $150. (367.901
Balance remaining in treasury at end of fiscal year, and then
turned over to incoming treasurer, should not be included in cal-
culating the compensation of the outgoing treasurer. —Op. Atty.
Gen., Aug. 20, 1930.
it is not necessary that town board or the annual town meeting
tilow a bill for the treasurer's compensation, and he may simply de-
duct it. —Op. Atty. Gen., Aug. 20. 1930.
Moneys in the treasury when the treasurer assumes office can-
not be said to have been "paid into the town treasury," and town
treasurer is not entitled to allowance of two per cent thereon. —Op.
Atty. Gen., Aug. 20, 1930
It is necessary for the voters at the annual town meeting to vote
each year on the matter of increasing the maximum compensation of
the town treasurer. —Op. Atty. Gen.. March 8, 1932.
Where annual town meeting electing treasurer votes to Increase
his maximum compensation to a certain sum, the voters can change
the salary at the next annual town meeting. —Op. Atty. Gen., Mar.
3, 1932
Town treasurer is not entitled to allowances on sums which are
transferred from one fund to another within the town treasury. —
Op. Atty. Gen., Aug. 20. 1930.
2.06. Cigarette license fees. —The governing body of each town,
village, borough and city of any class, may, after January 1, 1942,
license and regulate the sale at retail, of cigarettes, cigarette papers
and wrappers, and fix the license fee not to exceed $12.00 per an-
num, and provide for the punishment of any violation of such
regulations, and may make such other provisions for the regula-
tion of the sale of cigarettes within its jurisdiction as are per-
mitted by law. The county board may make like provisions for
licensing and regulating the sale of cigarettes in unorganized
territory. (461.12)
By (461.15) it is provided that no applicant for the sale or
manufacture of cigarettes need pay any fee to the state or any
political subdivision if he furnishes a doctor's certificate showing
that he is blind.
45
TOWN TREASURER
2.07. Designation of depositories. —When any town treasurer
shall so request in writing, it shall become the duty of the town
board to designate one or more state or national banks or trust
companies as depositories of town funds, and thereafter the tress -
uses shall deposit all town funds therein. Suoh designation shall
be in writing and set forth the terms and conditions upon which
the deposits are made, be signed by the chairman and clerk of
the town board, and filets with the clerk or recorder. Such de-
positary or depositaries, not exceeding four in number, shall be
authorized to accept deposits of town funds in an amount not
exceeding $2,000 in each such depositary without furnishing a bond
or other security therefor. (366.06)
When a town board so requested shall fail to act as provided
in Section 366.06 (§ 2.07) within 30 days after request is filed with
the clerk, the treasurer may select one or more depositaries,
not exceeding four in number, for the safe keeping of town funds
and deposit town funds therein to the extent of not more than
$2,000 in each depositary so selected, without requiring security
therefor. (366.07)
The town treasurer, in the absence of negligence, shall not be
liable for the loss of moneys while so deposited. within the limits
above specified, occasioned by the closing or insolvency of a des-
ignated depositary. (366.08)
All interest received on funds deposited under the provisions of
§366.O1 to 366.09 shall be credited to the respective town funds.
this Act shall be credited to the respective town funds. (366.09)
2.08. Town treasurer may be reimbursed. —Where the treas-
urer of any town, village or city of the fourth class has or shall
hereafter reimburse such town. village or city for loss of funds of
the town, village or city on deposit in any bank which has or may
become insolvent, such town, village or city shall reimburse said
treasurer for the money so paid when a majority of the electors
voting thereon at the annual town meeting or at any regular or
special village or city election vote so to do; provided, that the
notice of such annual meeting or election shall specify that such
matter will be considered thereat. (118.09)
2.09. Bonds to secure deposits. —No bank or trust company
authorized to do a banking business in this state, designated as a
depository of state, county, village, borough, town, or school dis-
trict funds. and Cities howsoever organized, provided by law, the
deposits of which bank or trust company are insured, in whole or In
part, under the provisions of the Act of Congress of the United
States of June 16, 1933. (creating the Federal Deposit Insurance
Corporation and the Temporary Federal Deposit insurance Fund)
shall be required to furnish any corporate or personal surety bond,
or deposit any collateral in lieu of bond, to secure such funds. in so
far as such funds shall constitute "insured Deposit liabilities" of
such bank or trust company within the provisions of said Act of
Congress. Provided, that nothing in this Act shall be construed to
release any bank or trust company from furnishing surety bond or
collateral for all deposits in excess of the insurance afforded by the
National Banking pct. (118.10)
2.10. Capital of depository. — No designation of a bank or
trust company as a depository of state, county, town, city, village,
4 r;
GENERAL PROVISIONS
borough or school district funds, and no deposit of such funds in
such designated depository shall be limited by the amount of the
capital or surplus of such depository, but the authority designating
such depository may nevertheless fix the limit of deposit to be
made therein and shall require security therefor as provided by
law.
This act shall apply to all cities, villages, and boroughs, how-
ever organized. (118.11)
IX. GENERAL PROVISIONS
2.11. May convey realty to state. —Any municipal corporation
in the State of Minnesota owning lands in fee simple and not re-
stricted by the grant, which are no longer necessary for municipal
purposes, may convey said lands to the State of Minnesota without
consideration when duly authorized by the governing body of said
municipal corporation and the governor is authorized to accept
such conveyances in behalf of the state. (465.025)
2.1110. Acquisition of property from U.S. and other Govern-
mental bodies. —Subdivision 1. Any county, city, village, borough,
town, school district, or other political subdivision of the state
may enter into any contract with the United States of America or
with any agency thereof, or with any other political subdivision of
the state for the purchase, lease, or other acquisition of equip-
ment, supplies, materials, or other property, including real proper-
ty, without regard to statutory or chrater provisions. The acquisi-
tion of such property from the federal government shall be in ac-
cordance with the rules and regulations which may be prescribed
by the United States of America or any agency thereof.
Subd. 2. The governing body of any policial subdivision of the
state may designate by appropriate resolution or order any officer
or employee of its own to enter a bid or bids in its behalf at any
sale of equipment, supplies, material or any other property, in-
cluding real property, owned by the United States of America or
with any agency thereof, or with any other political subdivision of
the state and may authorize him to make any down payment, or
payment in full, required in connection with such bidding. (471.64)
Note: See also §2.20.
2,111. Public corporation, conveyance or lease of land. —Any
county, town, village, city or other public corporation may lease
or convey its lands for a nominal consideration, without consider-
ation or for such consideration as may be agreed upon to the state
or to any governmental subdivision, to the U. S. or to any agency
of the Federal government, another public corporation or to the
Minnesota State Armory Building Commission for public use when
authorized by its governing body. (465.035)
2.112. Correction of error in previous tax levy. —Whenever the
amount of taxes as levied and certified by the tax levying body
of any county, city. village, borough, town, or school district has
not been, as the result of error or inadvertence by the county
auditor extended and spread in conformity therewith, such tax
levying body may include in its tax levy for the year following,
the whole or any part of the amount so omitted through error
47
GENERAL PROVISIONS
or inadvertence in addition to its current levy and in addition to
and notwithstanding any limitations to the contrary. (275.075)
2.113. Naming of streets. —The board of supervisors of any
township situated in a county containing a city of the first class
shall have authority by ordinance, resolution or by law to name
and change the names of streets, avenues, roads, highways, alleys
and other public places in said township other than county roads,
and to declare and impose penalties and punishments for violation
thereof. (366.021)
2.114. Additional powers —police —Election to Abolish Office
of Constable in Townships Near Cities of First Class. —Police pro-
tection. The board of supervisors of any township having an as-
sessed valuation of over $1,000,000 and situated in a county con-
taining a city of the first class shall have power to provide for
police protection and for apparatus therefor. (366.022 Subd. 1)
Authorized at town meeting. The town board shall not have
any authority to spend money therefor, or to enter into any con-
tract, or levy any taxes for such purposes unless the same be
authorized at the annual town meeting or at a special town meet-
ing called for that purpose upon ten days notice. (366.022 Subd. 2)
The board of supervisors of any such town having been duly
authorized to provide for police protection and for apparatus
thereo. under this section or under any other statute and having
provided such police protection and appartus is hereby authorized
and empowered to submit to legal voters of the town for their
approval or rejection at any annual town for their approval or
rejection at any annual town meeting or at any special town meet-
ing called for that purpose, the question as to whether or not such
town shall eliminate and abolish the office of constable in such
town. (366.022 Sub. 3)
If a majority of the legal voters voting at such election vote in
favor of eliminating and abolishing the office of constable in such
town, such office shall, at the end of the existing term or terms
thereof, thereafter cease to exist, and all duties imposed by law
upon such office ^hall be thereafter imposed upon and assumed
by the duly appointed police officers of such town. All fees for
services of a constable authorized to be paid by law shall there-
after be paid to such town and become a part of its general fund;
and the board of supervisors of such town shall have authority
to appoint one or more of its police officers to assume specific
duties imposed by law upon the office of constable and as part of
the compensation for said officers to permit them to retain such
part or all of said fees as may be determined in the discretion of
said board of supervisors.
The provisions of this section shall not apply to any township
lying distant more than 40 miles from any city of the first class.
(366.022 Subd. 4)
2.116. Town to furnish legal counsel. —On and after the pas-
sage hereof, every city, village, borough, town, or county of this
state employing sheriffs, police officers, or peace officers shall be
required to furnish legal counsel to defend any sheriff, deputy sher-
iff, police officer, or peace officer employed by any such govern-
48
GENERAL PROVISIONS
mental subdivision in all actions brought against such officer to
recover damages for alleged false arrest or alleged injury to per-
son, property or character, when such alleged false arrest or al-
leged injury to person, property or character was the result of an
arrest made by such officer in good faith and in the performance
of his official duties and pay the reasonable costs and expenses of
defending such suit, including witness fees and reasonable counsel
fees, notwithstanding any contrary provisions in the laws of this
state or in the charter of any such governmental subdivision. If,
at the termination of such suit, judgment is rendered in favor of
the defendant and against the plaintiff, such judgment for costs
and disbursements shall be assigned to such governmental sub-
division by such officer, and all moneys collected thereon shall be
paid to such governmental subdivision. If judgment be rendered
in such action against such officer, such governmental subdivision
so employing such officer is hereby authorized to appropriate mon-
eys from any funds available too pay such judgment, if, in the
discretion of the governing body o. such governmental subdivision,
it seems fitting and proper to do so. (471.44-471.45)
2.12. Taxation for road purposes by certain towns. —The elec-
tors of each town located in any county having more than 20,000
and less than 25,000 inhabitants according to the 1940 federal cen-
sus and having more than 40 and less than 70 full and fractional
townships, shall have power at their annual town meeting to
determine the amount of money which shall be raised by taxation
for road and bridge purposes, not exceeding 20 mills per dollar
on the taxable property of the town. The tax so voted shall be
extended, collected, and payment thereof enforced in the same
manner and at the same time as is provided by law for the exten-
sion, collection, and enforcement of other town taxes.
After the annual town meeting, in case of emergency, the town
board may levy a tax on the property in its town for road and
bridge purposes in addition to the tax, if any, voted at the annual
town meeting for road and bridge purposes in an amount not to
exceed five mills on the dollar of the assessed value of the property
in the town, and any tax so levied by the town board shall forth-
with be certified to the county auditor for extension and collection.
The town board may thereafter pledge the credit of the town
by issuing town orders, not exceeding the amount of the additional
tax so levied by the town board for road and bridge purposes, in
payment for work done or material used on the roads within the
town. Chapter 438, Laws 1947.
2.13. May convey for certain purposes. —Any municipality own-
ing lands in fee simple and not restricted by the grant, may con-
vey such lands for a nominal consideration to encourage and pro-
mote industry and provide employment for citizens. (465.026)
2.131. Levy for commemorative purposes. —In any town, at its
annual town meeting or at any special town meeting property called
for that purpose, a sum may be voted for the purpose of ascertain-
ing, collecting, preserving, printing, publishing, and distributing
data and material pertaining to the history of the town for the
purpose of commemorating the anniversary of any important and
outstanding event in such history. The sum so voted shall not
exceed $250 in any one year. (365.106)
49
GENERAL PROVISIONS
2.14. May accept grants from United States or State of Minne-
sota. —Notwithstanding inconsistent provisions of any other statute
or home rule charter, any county, city, village, borough, town, school
district or other political subdivision of the state, however organ-
ized, may accept from the Government of the United States or
the State of Minnesota grants, loans, or advances of money for the
planning of public works projects, and may make agreements to
repay any such loans or advances for planning purpose without
submitting the proposal to a vote of the people. Funds received by
any political subdivision under this section shall not be used for
the planning of public housing projects, or housing authority
projects.
Expenditures of grants, advances or loans of money received
by any city, village or borough from the Government of the United
States or the State of Minnesota for the planning of public works
projects by such municipality shall not be considered as part of
the cost of government within the meaning of any statutory or
charter limitation on expenditures. (629.32)
Note: See also § 2.1110 above.
Y~` 2.15. Zoning restrictions in certain towns near city of first
class. —For the purpose of promoting health, safety, order, conven-
ience, prosperity, and general welfare, the electors of any town in
this state located within a county having a population of more than
450,000 and an assessed value exclusive of money and credits of
over $280,000,000 and the electors of any town any portion of which
is situated within ten miles of any portion of the exterior boundary
lines o: any city of the first class, shall have power at their annual
town meeting or at any special town meeting called pursuant to the
provisions of sections 212.03 and 212.04 by resolution adopted by
50 per cent of those voting at the meeting to divide the town, or
any prescribed and limited area within the town, into districts or
zones of such number, shape, and area as they may deem best suit-
ed to carry out the purposes of sections 368.56 to 368.58; and, with-
in such zones, to regulate and restrict the location, height, bulk,
number of stories, size of buildings and other structures, the loca-
tion of roads and schools, the percentage of lot which may be oc-
cupied, the sizes of yards and other open spaces, the density and
distribution of population, the uses of building and structures for
trade, industry, residence, recreation, public activities, or other pur-
poses, and the uses of land for trade, industry, residence, recrea-
tion, ,agriculture, forestry, soil conservation, water supply con-
servation, or other purposes; to provide for the administration of
such resolution by such officers of the town as they may deem
advisable and in such manner as they may deem advisable, and
to provide for penalties for the violation of the provisions of such
resolution. All such regulations shall be uniform for each class
and kind of buildings and for the use of land throughout each dis-
trict but the regulations in any one district may differ from those
in other districts. (368.56)
Note: Merely because the town board classifies entire township
as farm residential does not make it unconstitutional. Connors vs.
Township of Chanhasson. 1957.—Minn.-81 NW (2) 789
2.16. Reserved for future expansion.
2.17. Revocation of licenses where gambling exists. —Section 1.
50
GENERAL PROVISIONS
Subd. 1. For the purposes of this act, unless a different mean-
ing is indicated by the context, the words, terms, and phrases
defined in this section shall have the meanings given them.
Subd. 2. "Gambling devices" mean slot machines, roulette
wheels, punchboards, number jars and pinball machines which re-
turn coins or slugs, chips, or tokens of any kind, which are re-
deemable in merchandise or cash.
Subd. 3. "Person" means an individual, a co -partnership, an
association, a corporation or any other entity or organization.
Subd. 4. "Municipality" means any county, city, village, bor-
ough or town.
Subd. 5. "License" includes permits of every kind, nature and
description issued pursuant to any statute or ordinance for the
carrying on of any business, trade, vocation, commercial enter-
prise or undertaking.
Subd. 6. "Licensee" means anv person to whom a license of
any kind is issued, but does not include a common carrier trans-
porting, or a public warehouseman storing, any gambling device
for hire, or a manufacturer or distributor of such devices keeping
the same only for the purpose of sale or distribution to others or
repairing of same.
Subd. 7. "Licensed business" means any business, trade, voca-
tion, commercial enterprise, or undertaking for which a license is
issued.
Subd. 8. "Licensed premises" means the place or building, or
the room in a building, designated in the license as the place
where the licensed business is to be carried on, and all land
adjacent thereto and used in connection with and in the operation
of a licensed business, and all adjacent or contiguous rooms or
buildings operated or used in connection with the building8 where
the licensed business is carried on. If no place is described in
any license, then "licensed premises" means the building or place
where the licensed business is carried on under such license.
Subd. 9. "Issuing authority" and "authority issuing the license"
mean and include the officer, board, bureau, department, com-
mission, or agency of the state, or of any of its municipalities, by
whom any license is issued and include the councils and governing
bodies of all municipalities.
Section 2. Subd. 1. The intentional possession or wilful keep-
ing of a gambling device upon any licensed premises is cause for
the revocation of any license under which the licensed business
is carried on upon the premises where the gambling device is
found.
Subd. 2. All licenses under which any licensed business is per-
mitted to be carried on upon the licensed premises shall be revoked
if the intentional possession or wilful keeping of any such gambl-
ing devices upon the licensed premises is established, notwith-
standing that it may not be made to appear that such devices have
actually been used or operated for the purpose of gambling.
Section 3. The proceedings for revocation shall be had before
the issuing authority, which shall have the power to revoke the
license or licenses involved, as hereinafter provided.
51
GENERAL PROVISION6
Section 4. Every sheriff, deputy sheriff, constable, marshal,
policeman, police officer, and peace officer shall observe and
inspect the premises where occupations are carried on under license
and ascertain whether gambling devices are present thereon and
immediately report the finding thereof to the authority or auth-
orities issuing the license or licenses applicable to the premises
in question.
Section 5. Upon the receipt of such information from any of
the peace officers referred to in Section 4, if any issuing authority
is of the opinion that cause exists for the revocation of any such
license, then that authority shall issue an order to show cause
directed to the licensee of the premises, stating the ground upon
which the proceeding is based and requiring him to appear and
show cause at a time and place, within the county in which the
licensed premises are located, not less than ten days after the date
of the order, why his license should not be revoked. That order to
show cause shall be served upon the licensee in the manner pre-
scribed by law for the service of summons in a civil action, or by
registered mail, not less than eight days before the date fixed for
the hearing thereof. A copy of the order shall forthwith be mailed
to the owner of the premises, as shown by the records in the office
of the register of deeds, at his last known postoffice address. A
copy of the order shall at the same time be mailed to any other
issuing authority, of which the authority issuing the order to show
cause has knowledge, by which other licenses to that licensee may
have been issued, and any such authority may participate in the
revocation proceedings after notifying the licensee and the officer
or authority holding the hearing of its intention so to do on or
before the date of hearing, and after the hearing take such action
as it could have taken had it instituted the revocation proceedings
in the first instance.
Section 6. Subd. 1. If, upon the hearing of the order to show
cause, it appears that the licensee intentionally possessed or wil-
fully kept upon his licensed premises any gambling device, then the
license or licenses under which the licensed business is operated on
the licensed premises, shall be revoked. The order of revocation
shall not be enforced during the period allowed by Section 10 for
taking an appeal.
Subd. 2. No new license or licenses for the same business
upon the same premises shall be issued for the period of one year
thereafter, except as hereinafter provided.
Section 7. The county attorney of the county in which the hear-
ing is held shall attend the hearing, interrogate the witnesses, and
advise the issuing authority. He shall also appear for the issuing
authority on an appeal taken pursuant to the provisions of Sec-
tion 10.
Section 8. The issuing authority may issue subpoenas and
compel the attendance of witnesses at any hearing. Witnesses duly
subpoenaed and attending any such hearing shall be paid fees and
mileage by the issuing authority equal to the fees and mileage paid
witnesses in the district court.
Section 9. When a license is revoked under the provisions of
this act, the owner of the premises upon which any licensed busi-
52
GENERAL PROVISIONS
ness has been operated shall not be penalized by reason thereof
unless it is established that he had knowledge of the existence of
the gambling devices resulting in license revocation.
Section 10. Any licensee, or any owner of licensed premises,
aggrieved by an order of an issuing authority revoking any license
may appeal from that order to the district court of the county in
which the licensee resides by serving a notice of his appeal upon
the issuing authority or the clerk thereof. The notice of appeal
shall state that the person appealing takes an appeal to that district
court from the order revoking the license or licenses, describing
them and identifying the order appealed from. This notice shall
be served within 15 days from the date of service of the order ap-
pealed from, and the same, with proof of service thereof, shall be
filed with the clerk of the district court of the proper county. The
appeal shall stand for trial at the next term of the district court
following the filing of the notice of appeal, without the service of
any notice of trial, and shall be tried in the district court de novo.
The trial shall be by jury if the appellant shall so demand. The
licensee may continue to operate the licensed business or businesses
until the final disposition of such appeal. If the district court upon
the appeal shall determine that any license involved in the appeal
should be revoked, it may, nevertheless, in its discretion permit
the continuance of the licensed business under a bond in the
amount and in the form and containing the conditions prescribed
by the court. The district court on appeal, or in a separate pro-
ceeding, may permit the issuance of a new license to a different
licensee before the expiration of the period of one year specified
in subdivision 2 of Section 6, upon such terms and conditions im-
posed by the court as will insure that no gambling device shall
thereafter be maintained capon the licensed premises. (325.627)
2.201. Acquisition of property for public purposes —Installment
ment payment.
Note: See also g 2.111 and 2.1110.
2.19. Right of eminent domain. —When the taking of private
property for any public use shall be authorized by law, it may be
acquired under the right of eminent domain in the manner pre-
scribed by this chapter; but nothing herein shall apply to the
taking of property under laws relating to roads and drainage,
when such laws thiimselves expressly provide for such taking and
specifically prescribe the procedure connected therewith.
The provisions of this chapter shall be considered supplementary
to those provided by any municipality operating under a Home
Rule Charter and shall be available to all such municipalities
even though a different procedure may b2 provided by local
charter. (177.01)
2.20. Joint acquisition of land. —Whenever the state or any of
its agencies or political subdivisions thereof is acquiring property
for a public purpose and it is determined that a portion or a part
of a tract of land is necessary for its particular public purpose
and that other portions or parts of the same tract of land or the
remainder thereof are needed by another agency or political sub-
division of the state for a public purpose, the state or its agencies
or political subdivisions desiring said lands or parts thereof may
enter into an agreement each with the other for the joint ac-
53
GENERAL PROVISIONS
quisition of said lands by eminent domain proceedings.
Sec. 2. Such agreement shall state the purpose of the land ac-
quisitions and shall describe the particular portion or part of the
tract of land desired by each of the public bodies and shall in-
clude provisions for the division of the cost of the acquisition of
such properties and all expenses incurred therein.
Sec. 3. The proceedings in eminent domain for the acquisition
of the lands so desired shall be instituted and carried to com-
pletion in the names of the parties to said agreement describing
the lands each shall acquire but for the purposes of the proceed-
ings and for ascertaining the damages for the taking, the lands so
acquired shall be treated as one parcel.
Sec. 4. All eminent domain proceedings as herein authorized
shall be exercised and shall be in accordance with Minnesota Stat-
utes 1945, Chapter 117, acts amendatory thereof and as the same
may be amended.
Sec. 5. This act may be used by the state or any of its agencies
or political subdivisions thereot notwithstanding inconsistent pro-
visions of any other statute or home rule charter. (117.015)
Note: See also §2.1110. MSA (117.51) permits acquisition of property
by installment payments.
2.21. No person shall offer for sale, sell or peddle any goods,
wares, books, newspapers, magazines or merchandise, insurance,
course of instruction or any other thing whatsoever, or canvass or
take orders therefor, or solicit the endorsement of any goods,
wares, books, newspapers, magazines, merchandise, insurance or
course of instruction or other thing, or loiter for any of such pur-
poses in any public school building or upon any public school
grounds not located within the limits of any city, village or bor-
ough, whether or not such person has a license to offer for sale,
sell, solicit or canvass for such goods, wares, books, newspapers,
magazines, merchandise, insurance, course of instruction or any
other thing whatsoever; provided that it is not prohibited to so-
licit or take such orders from, or making such sale to, the School
Board or any member thereof, the Board of Education, or any
member thereof or the superintendent of schools. (617.715)
2.22. Guideposts. —Every town shall erect and maintain suit-
able guideposts and boards at such places on the public roads there-
in as shall be convenient for the direction of travelers. (365.06)
2.221. Pounds. —Whenever the electors of any town determine
at the annual town meeting to maintain one or more pounds, the
same shall be under the control of such pound masters as are
chosen for that purpose. (365.13)
2.23. Town charges. —The following shall be town charges:
1. The compensation of town officers for services rendered
their towns.
2. Contingent expenses necessarily incurred for the use and
benefit of the town.
3. The moneys authorized to be raised by the vote of the town
meeting for general purposes.
54
GENERAL PROVISIONS
4. Every sum directed by law to be raised for any town pur-
pose.
But no tax for town purposes shall exceed the amount to be
raised at the annual town meeting as provided by law. (365.07)
Note: MSA 449.09 provides for bands.
2.24. Towns to pay damages caused by work on supposed
roads not a legal highway —Expenses and damages to be voted by
legal voters. —That in all towns in this state where any road work
has been performed, or may hereafter be performed, upon a sup-
posed highway thereof by order of the proper officer or officers of
such town, on the belief that the same is a lawful public highway.
and where an action at law has been or may hereafter be com-
menced, in any court of competent jurisdiction, in which it is or
may be determined that such supposed highway was not a legal
highway at the time said work was performed, all necessary costs
and expenses incurred by the defendant or defendants therein, and
any damages that may have been allowed or shall be allowed in
any such action because of such road work shall be a charge
against such town in favor of the defendant or defendants, and
shall be allowed and paid by such town the same as other claims.
Provided, that before such cost, expenses and damages shall be
a charge, and be paid by said town the same shall be authorized by
a majority of all legal voters present and voting in favor thereof
at any annual or special meeting of such town, after due notice
that such question will be submitted and voted upon at such meet-
ing. (365.08)
2.25. Public places. —The voters at each annual town meeting
shall designate three places in the town as public places at which
legal notices shall be posted, and provide facilities for posting
notices at such places; provided, however, that in any town in
which there is located within its geographical limits a city or vill-
age, one or more such notices may be posted in such city or 'vill-
age. (365.12)
2.26. Officers —Prohibited contracts. —Except as authorized in
§ 471.88, (see § 2.261 below) a public officer who is authorized to
take part in any manner in making any sale, lease, or other con-
tract in his official capacity shall not voluntarily have a personal
financial interest in that sale, lease, or contract or personally
benefit financially therefrom. Every public officer who violates this
provision is guilty of a gross misdemeanor. (471.87)
2.261. Exceptions —Officer's contracts permitted. —The gov-
erning body of any town, school district, village, or city, may, by
unanimous vote, contract for goods or services with an interested
officer of the governmental unit in any of the following cases:
(a) The designation of a bank in which the officer is interested
as an authorized depository for public funds when it is the only
bank in the governmental unit, or when such governmental unit
does not have a bank and such bank is the only bank within the
nearest governmental unit.
(b) The designation of an official newspaper, or publication of
official matters in such a newspaper, in which the officer is inter-
ested when it is the only newspaper complying with statutory or
charter requirements relating to the designation or publication;
65
GEENF]RAL PROVISIONS
(c) A contract with a cooperative association of which the offi-
cer is a shareholder or stockholder but not an officer or manager;
(d) Subject to 365.37 (see § 2.27 below), a contract for which
competitive bids are not required and involving not more than $500,
when the commodity or service contracted for cannot be otherwise
obtained either in the governmental unit or in a contiguous ilke
governmental unit.
(e) A contract with a volunteer fire department for the pay-
ment of compensation to its members or for the payment of re-
tirement benefits to these members;
(f) A contract with a municipal band for the payment of com-
pensation to its members.
(471.88)
2.262. Contract, when void. —Subdivision 1, A contract made
pursuant to 471.88 class(d) (see §2.261(d) above), is void unless
the procedure prescribed by Subdivisions 2 and 3 is followed.
Subd. 2. Except in an emergency making such procedure im-
practicable, the governing body of the governmental unit shall
authorize the contract in advance of its performance by adopting
a resolution setting out the essential facts and determining that
the contract price is as low as or lower than the price at which
the property or services could be obtained elsewhere, and that
the property or service cannot be otherwise obtained in the gov-
ernmental unit or in any contiguous like governmental unit. In
case of an emergency when the contract cannot be authorized in
advance, payment of the claim shall be authorized by a like reso-
lution in which the facts of the emergency are also stated.
Subd. 3. Before such a claim is paid, the interested officer shall
file with the clerk of the governing body an affidavit stating:
(a) The name of the officer and the office held by him;
(b) An itemization of the goods or services furnished;
(c) The contract price;
(d) The reasonable value;
(e) The interest of the officer in the contract;
(f) That to the best of his knowledge and belief the contract
price is as low as, or lower than, the price at which the goods or
services could be obtained from other sources; and
(g) That to the best of his knowledge and belief the commodity
or service cannot be otherwise obtained in the governmental unit
or in any contiguous like governmental unit. (471.89)
2.27. Contracts to be let to lowest bidder, after due advertis-
ing. —Except as provided in 471.88 (see §2.261 above) —no supervis-
ors, town clerk, or town board shall become a party to, or be
directly or indirectly interested in ,any contract made or payment
voted by the town board and all contracts involving an expenditure
of $1,000 or more, shall be let to the lowest responsible bidder
after ten days' public notice, posted in the three most public places
in the town or published for two weeks in a newspaper generally
circulated in the town, of the time and place of receiving bids. In
cases of special emergency, amounts in excess of $1,000 may
be exended without such notice being given. In towns having
less than 25 legal voters, the officers may be employed upon
road work by the day at such price as may have been fixed for such
56
GENERAL PROVISIONS
work by the town at its annual meeting. Every contract made and
payment voted or made contrary to the provisions of this section
shall be void and any such officer violating the provisions of this
section shall be guilty of a misdemeanor and, in addition to the pro-
visions prescribed by law, removed from office. (365.37)
Note: See §2.261(d) and 2.62 this Manual.
2.271. Bids for purchase of supplies. —When any county, town,
borough, village, school district or city, except cities of the first
class, having a population of not less than 300,000 and not more
than 450,000 and operating under a home rule charter which pro-
vides for a department of purchasing which purchases, supplies
and equipment, under competitive bidding procedures defined by
such charter, for all departments of such city in this state calls
for bids for the purchase of any supplies or equipment, no bid
submitted shall be accepted unless competitive bids have also been
submitted. (471.34)
2.28. Town taxes. —Taxes to raise money for defraying town
charges shall be levied on the taxable property in the town in
the manner prescribed in the chapter on taxation. (365.09)
2.29. Municipalities to keep records of cost of public works —
Notices of costs shall be printed. —Whenever a county, city, vil-
lage, borough, school district or other political subdivision of the
State of Minnesota, or any public agency of such municipality or
political subdivision, shall determine that any public work or con-
struction is necessary to be done, either by contract or by day
labor, or otherwise, an estimate of the cost thereof shall be made,
and if such estimate shall exceed the sum of fifteen hundred dol-
lars ($1,500) the total amount of such estimate shall be published
in the official newspaper of such county, municipality, or political
subdivision. If there be no such official paper, the same shall be
published in a legal newspaper of the county in which the work
Is to be done. If the estimated cost of such public work or con-
struction exceeds the sum of fifteen hundred dollars ($1,500), such
municipality, political subdivision, or public agency shall keep and
preserve an accurate record and account of such work and con-
struction, and of the cost thereof, whether it be done by contract
or by day labor or otherwise. Provided, that where such estimate
is published as part of the official proceeding of the governing
body of such municipality, public agency or political subdivision,
no further publication shall be required under the provisions
471.01 to .04. (471.01)
2.30. What shall be shown in account. —The said account shall
show in accurately tabulated form, under appropriate heads, the
totals of all classes, kinds and descriptions of work performed and
of materials entering into such public work or construction, and
the cost to such municipality, political subdivision or public agency
of each, including the cost of all materials, supplies and services
furnished or paid for by said municipality, political subdivision or
public agency; and the cost of all labor, when said work or con-
struction is done by day labor when such public work or construc-
tion is done by contract the prices paid to the contractor for
and the amounts paid to him for each class, kind or description
of work performed, and materials furnished; and in all cases
67
GENERAL PROVISIONS
the cost of all overhead, the cost of engineering, and all other ex-
penses involved in the total cost of such public work or construc-
tion, which total ihal1 be tabulated and distinctly shown. (471.02)
2.31. Total costs shall be published. —The total cost of such
public work or construction, upon completion thereof, shall be
published in a legal newspaper in the county, city, town, borough
or school district in which said work is done, if there be such
newspaper published therein. If not, then in some legal news-
paper published at the county seat of the county in which said
work or construction is performed. (471.03)
2.32. Records to be open to public —certified copies. —The
records and accounts hereinabove required to be made and kept,
shall be open to inspection by the public at all reasonable times.
Certified copies thereof shall be furnished to any citizen of this
state on demand, on payment of the legal fee for making and
certifying the same. (471.04)
2.33. Limit of debts, etc. —No town shall contract debts or
make expenditures for any one year exceeding in amount the taxes
assessed for such year, unless such debt or expenditure is author-
ized by the vote of a majority of the electors of such town, and
no taxes in excess of the amounts authorized by law shall be levied
by any town in any one year. (365.43)
Note. See Chapter on Public Indebtedness.
2.34. Anticipation of taxes. —No school district, county, town
or village shall contract any debt or issue any warrant or
order in any calendar year in anticipation of the collection of taxes
levied or to be levied for said year in excess of the average amount
actually received in tax collections on the levy for the three previ-
ous calendar years plus ten per cent thereof. The limitations
herein prescribed shall apply to each fund or purpose for which a
tax levy has been made by any such municipality. Provided that
this act shall not apply to any school district, county, town or vill-
age, wherein the mineral valuation as assessed, exceeds 25 per
cent of the assessed valuation of real property in such taxing dis-
trict. Provided further that this act shall not apply to any school
district in a city of the first class which constitutes one single
school district. (475.22)
2.36. Limit of taxes which may be levied. —The total amount
of taxes, exclusive of money and credits taxes, levied in each calen-
dar year, by or for any town, through the vote of the town meeting
or the electors of such town or otherwise, and by or for any board
or commission thereof, for any and all general or special purposes,
whatsoever, including payment of indebtedness and bonds, shall not
exceed 17 mills on the dollar of the assessed taxable valuation of
the property in the town, exclusive of money a,rd credits, whenever
such levy of 17 mills upon the dollar of such assessed taxable
valuation will produce a total levy of town taxes as great or
greater than an average of $1,000.00 per government sec-
tion of the entire area of such town. according to govern-
ment survey of the property therein in any one calendar year,
and no such town. by vote of the electors or otherwise, shall
contract debts or make expenditures in any calendar year in ex-
58
GENERAL PROVISIONS
cess of the amount of taxes assessed for that year, plus any
available unexpended balance in prior years against which obliga-
tions have not been Incurred.
2. Additional levy. If, prior to the calendar year 1927, such town
has incurred, by proper authority, a valid indebtedness, including
bonds, in excess of its cash on hand plus any amount in any sink-
ing fund plus taxes levied prior to 1927 and uncollected but not de-
linquent and plus any funds otherwise available, such town, with-
in the limits now permitted by law, may levy, in addition to the
foregoing, sufficient sums to pay and discharge such excess in-
debtedness, bonds and interest thereon, but any such additional
sum so levied shall be levied separately and when collected shall
be paid into a separate fund and used only for the purpose of pay-
ing such excess indebtedness, bonds and interest thereon.
3. This act shall not authorize nor shall it be construed in any
instance as authorizing the levy or spreading of total amounts of
taxes for specific purposes or in total amounts in any year in ex-
cess of the amount allowed by law at the time of the passage of
this act, but this act is and shall be considered an additional
limitation.
4. If any such town shall return to the county auditor a levy
greater than herein permitted, such county auditor shall extend
only such amount of taxes as the limitations herein prescribed
shall permit, and to that end he shall 'determine the area of such
towns as herein described from the records in his office or such
other data as to government survey as may be available. if such
town shall make levies otherwise valid. in specific amounts. for
specific purposes, which aggregate more than the total amount
permitted by this act. then the amount of each specific levy shall
be reduced and spread by him proportionately, to bring the aggre-
gate within the total limit herein permitted. (275.10)
2.37 Other limitations. —The four following sections (275.31 to
35) shall apply to all towns in the State of Minnesota having a
population of more than 3,000, exclusive of incorporated villages or
cities therein, and an assessed valuation of taxable pronert', ex-
clusive of money and credits, of more than $10,000,000.00. (275.31)
2.38. Limit tax levy. The total amount of taxer, exclusive of mon-
ey and credit taxes, levied by or for any such town, through the
vote of the town meeting or the electors of such town or otherwise,
and by or for any board or commission thereof. for any and all
general or special purposes whatsoever, including payment of in-
debtedness and bonds, payment for which is levied under Laws
1941, Chapter 417; Laws 1951, Chapter 396; Minnesota Statutes
1949. Section 363.52 and Laws 1951. Chapter 477. shall rot exceed
17 mills on the dollar of the assessed taxable valuation of the prop-
erty in any such town, exclusive of money and credits, whenever
such levies as hereinbefore specified will produce a total levy of
town taxes as great or greater than an average of $1,000 per gov-
ernment section of the entire area of such town, according to gov-
ernment survey of the property therein in any one calendar year. In
the year 1953 and thereafter, the total amount of taxes, exclusive of
59
GENERAL PROVISIONS
money and credit taxes, levied by or for any such town, through
the vote of the town meeting or the electors of such town or other-
wise and for and by any board or commission thereof, for any and
all general or special purposes whatsoever, including payment of
indebtedness and bonds, shall not exceed 17 mills on the dollar
of the assessed taxable valuation of any such property, exclusive
of money and credits, whenever such levy as herein specified will
produce a levy of town taxes as great or greater than an average
of $1,000 per government section of the entire area of such town,
according to government survey of the property therein in any one
calendar year; provided, that whenever the statutes of this state
provide for a tax levy for such towns of town taxes for bonded
indebtedness and interest in excess of all such limitations for such
towns, that such tax levies for such bonded indebtedness and in-
terest shall continue to be levied in excess of the tax limitations
herein specified. (275.32)
2.39. No such town, by vote of the electors or otherwise, shall
contract debts or make expenditures in any calendar year in
excess of the amount of taxes levied for that year, plus any
available unexpended balance in prior years against which obliga-
tions have not been incurred. (275.33)
2.40. 275.31 to .35 shall not authorize nor shall it be construed
in any instance as authorizing the levy or spreading of total
amounts of taxes for specific purposes or in total amounts in any
year in excess of the amount allowed by law at the time of the
passage of 275.31 to .35, but 275.31 to .35 shall be an additional
limitation. (275.34)
2.41. If any such town shall return to the County Auditor
a levy greater than herein permitted, such County Auditor shall
extend only such amount of taxes as the limitations herein prescrib-
ed shall permit, and to that end he shall determine the area of
such towns as herein described from the records in his office or
such other data as to government survey as may be available.
If any such town shall make levies otherwise valid, in specific
amounts, for specific purposes, which aggregate more than the
total amount permitted by 275.31 to .35, then the amount of each
srpecific levy shall be reduced and spread by him proportionately
to bring the aggregate within the total limit herein permitted.
(275.35)
NOTE CAREFULLY §2.37's limitation on the preceding four
sections.
2.42. Towns on a cash basis. —From and after January 1, 1934,
no town which, in the year 1933 had a population (including the
population of villages within such town not separated from the
town for election and assessment purposes) exceeding 2,000 and not
exceeding 10,000, and an assessed valuation of taxable property,
exclusive of money and credits, such that a tax levy 17 mills upon
the dollar of such assessed taxable valuation would produce a total
levy in excess of an average of $1,000 per government section of
the entire area of such town, according to the government survey
thereof, shall draw any order or warrant on any fund until
there is sufficient money in such fund to pay the same. to-
gether with all orders previously issued against said fund. (368.02)
60
GENERAL PROVISIONS
In determining the application of 368.02 to .11 to any such town,
the population thereof shall be determined by the last pre-
ceding state or federal census and the valuation shall be that used
as a basis for spreading the 1932 taxes of the town. (368.03)
Personal Claim Against Officer. —Whenever, from and after
January 1, 1934, the expense and obligations incurred, charge-
able to any particular fund of such town in any calendar year,
are sufficient to absorb 85 per cent of the entire amount of the
tax levy payable in that year, including such amount as may
remain in the fund from the levy of the prior year or years,
no officer or board of such town shall have the power, and
no power shall exist, to create any additional indebtedness,
save as the remaining 15 per cent of said tax lavy is col-
lected, which shall be a charge against that particular fund or
shall be in any manner a valid claim against such town, but the
additional indebtedness attempted to be created shall be a personal
claim against the officer or members of the board voting for or
attempting to create the same. (368.04)
Certificates of Indebtedness. —At any time after the annual tax
levy has been certified to the county auditor, and not earlier than
October loth in any year, the governing body of such town may, for
the purpose of meeting the obligations of the succeeding year, by
resolution issue and sell as many certificates of indebtedness as
may be needed in anticipation of the collection of taxes so levied
for any fund named in said tax levy for the purpose of raising
money for any such fund, but no certificate shall be issued for any
of the separate funds exceeding 50 per cent of the amount named
in the tax levy as spread by the county auditor, to be collected for
the use and benefit of the fund, and no certificate shall be issued
to become due and payable later than December 31 of the year suc-
ceeding in which the tax levy certified to the county auditor as
aforesaid, was made.
The certificates shall not be sold for less than par and
accrued interest and shall not bear a greater rate of interest than
six per cent annually. Each certificate shall state upon its face
for which fund proceeds of the certificate shall be used, the total
amount of the certificates so issued. and the whole amount em-
braced in the tax levy for that particular purpose. They shall be
numbered consecutively and be in the denominations of $100.00
or a multiple thereof and may have interest coupons attached. and
shall be otherwise of such form and terms and be made payable at
such place as will best aid in their negotiation. The proceeds of
the tax assessed and collected, as aforesaid, on account of said
fund, and the faith and credit of such town shall be irrevocably
pledged for the redemption of the certificates so issued. The
certificates shall be paid from the money derived from the levy
for the year against which the certificates were issued, or if they
be not sufficient for such purpose, from other funds of the town.
The money derived from the sale of the certificates shall be
credited to the fund or funds for the calender year immediately
GENERAL PROVISIONS
succeeding the making of the levy and shall not be used or spent
until the succeeding year. No certificates for any year shall be
61
GENERAL PROVISLONS
issued until all certificates for prior years have been paid, nor
shall any certificate be extended; provided that money derived
from the sale of the certificates for any one year may, if neces-
sary, be used to redeem unpaid certificates issued in a prior year.
(368.05)
From and after January 1, 1934, such town shall be deemed
for all purposes to be on a cash basis and shall thereafter re-
main on a cash basis. All taxes levied in 1933 shall be considered
as the tax revenues for the year 1934 and thereafter in any such
town taxes shall be levied as now provided by law, but for the
succeeding year. (368.06)
Tax Levy. —The town board of any town issuing bonds pur-
suant to the authority of 368.02-.11 shall, at the time of the issu-
ance thereof by resolution provide for a levy for each year until
the principal and interest of the bonds are paid in full, of a direct
annual tax in an amount sufficient to pay the principal and interest
thereof when and as such principal and interest beome due. Such
tax levy shall be within the limitations provided by Section 275.10
(see 2.36 this manual) and other laws, upon the tax levies of the
town, and the county auditor, at the time of the spreading the
annual tax levy of the town, shall reduce the same so that the
total levy shall be within the limitations of such laws. (368.08)
Violation a misdemeanor; personal liability. —Any member of
the town board of such town or any other town officer or em-
ployee knowingly participating in or authorizing any violation
of Secs. 368.02 - .11 shall be guilty of a. misdemeanor, punish-
able by a fine not exceeding $100.00, or by imprisonment in
the county Jail not exceeding three months, for each offense; and
each contract attempted to be entered into or indebtedness or pe-
cuniary liability attempted to be incurred in violation of the
provisions of this act shall be null and void in regard to any obli-
gation thereby sought to be imposed upon the town, and no claim
therefor shall be allowed by the town board of the town; nor shall
the board of the town or any other town officer or employee issue
or execute, nor shall the town treasurer pay, any warrant or cer-
tificate of indebtedness issued on account thereof. Every member
of the town board and each other town officer or employee par-
ticipating in or authorizing any violation of Secs. 268 02 - .11 shall
be individually liable to the town or to any other person for any
damages caused thereby and for the purposes of enforcing such
liability, without impairing any other remedy, one-fourth of the
salary of each such officer and employee shall be withheld from
him and applied towards reimbursing the town or any such person
for such damages until all claims by reason thereof have been
fully paid. Every member of the town board present at a meeting
of the board when any action is taken with reference to paying
money or incurring indetednebss or entering into any contract,
shall be deemed to have participated in and authorized the same.
unless he shall have caused his dissent therefrom to be entered
upon the minutes of the meeting. (368.09)
Note: OFFICER VIOLATING 368.02 - .11 may be suspended
(268.10)
Note: Town once on cash basis must so remain. (368.11)
62
4
GENERAL PROVISIONS
2.421. Attorneys Employed: The board of supervisors in
any town in this state having a population of more than 3,000,
exclusive of incorporated villages or cities therein, and an assessed
valuation of taxable property exclusive of money and credits, of
more than $10,000,000 shall have the power to employ an attorney
or attorneys without a vote of the electors and shall have the
power without a vote of the electors to acquire land by purchase or
condemnation. (368.12)
2.43. Cities or villages. —Nothing in this chapter contained
shall apply to territory embraced within the limits of any city or
village, but each such city and village shall have and exercise
within its limits all the powers conferred by this chapter upon
towns. (415.01)
2.44. Actions between towns, etc. —Actions and proceedings
between towns, or between a town and an individual or corpora-
tion, shall be begun, tried, and conducted in the same manner, and
a judgment therein shall have a like effect, as in similar actions
and proceedings between individuals. (365.39)
2.45. Actions, in what name. —In all actions of proceedings
the town shall sue and be sued in its name, except where town
officers are authorized to sue in their official names for its benefit.
In every action against a town, process and papers shall be served
on the chairman of the town board, or, in his absence, on the town
clerk; and such chairman shall attend to the defense of the aciton,
and lay before the voters at the first town meeting a full state-
ment of the facts relating thereto, for their direction in defending
the same. (365.40)
2.46. Filing claims —demand. —No action upon any claim, or
cause of action for which a money judgment only is demandable,
except upon town orders, bonds, coupons, or written promises to
nay money, shall be maintained against any town, unless a state-
ment of such claim shall have been filed with the town clerk. No
%ction shall be brought upon any town order until the expiration of
thirty days after payment thereof has been demanded. (365.38)
2.461. CLAIMS. Itemized, declaration. 1. Except as provided
in subdivision 2, where an account, cl- im or demand against any
county, county board of education for unorganized territory, school
district, town or city of the second, third or fourth class, including
any city with a home rule charter, or any park district, for any
property or services can be itemized in the ordinary course of
business, the board or officer authorized by law to audit and allow
claims shall not audit or allow the claim until the person claiming
payment, or his agent, reduces it to writing, in items, and signs a
declaration to the effect that such account, claim, or demand is
just and correct; that no part of such account, claim or demand
has been paid. (471.38)
The provisions of the section do not apply to any claim or
demand for any annual salary or fees of jurors or witn»sses, fixed
by law, not to the salary or wages of any employee whose salary
or wages have been fixed on an hourly, daily, weekly or monthly
basis, by the governing board of the municipality, and which is now
authorized to be paid on a payroll basis. (471.38)
63
GENERAL PROVISIONS
2.47. Judgments against towns. —When a judgment is recov-
ered against a town, or against any town officer in an action against
him in his official name, no execution shall be issued thereon; but,
unless reversed or stayed, It shall be paid by the town treasurer
upon demand and the delivery to him of a certified copy of the
docket thereof, if he has in his hands sufficient town money not
otherwise appropriated. If he fails to do so, he shall be personally
liable for the amount, unless the collection thereof is afterwards
stayed upon appeal. If payment is not made within thirty days
after the time fixed by law for the county treasurer to pay over to
the town treasurer the money in his hands belonging to the town
levied for the purpose of paying such judgment, execution may
issue, but only town property shall be liable thereon. (365.41)
2.48. Tax to pay judgment. —If a judgment for the recovery
of money is rendered against a town, and is not satisfied or pro-
ceedings thereon stayed before the next annual town meeting, upon
presentation of a certified copy of the docket of such judgment to
such town meeting the town board shall add to the tax levy for
said year the amount of such judgment. (305.42)
2.49. Mutilated, lost and destroyed orders and warrants —
Issunnce of duplicate warrant. —That whenever any order or war-
rant of any county, city, township, incorporated village or school
district in the state of Minnesota shall become lost or destroyed, a
duplicate thereof may be issued by the officers authorized by law to
issue such orders or warrants under the regulations and restric-
tions hereinafter prescribed. (366.23)
County treasurer is within his rights In insisting that school
treasurer furnish adequate bond before being issued a duplicate of
warrant covering June tax settlement which school treasurer failed
to receive. —Op. Atty. Gen., Mar. 15, 1933.
2.50. Form of warrant. — Such duplicate shall correspond in
number, date and amount, with the original order or warrant and
shall have endorsed on its face by the officers issuing the same,
the word, "duplicate," together with the date of its issuance.
(366.23)
2.51. Affidavit —bond. --A duplicate for a lost or destroyed or-
der or warrant shall not issue until there shall have been tiled with
the proper officer, an affidavit of the owner thereof setting forth
the ownership of such order or warrant, the description thereof,
and the manner of its loss and destruction, and until there shall
have been executed and filed with the same officer, an indemnify-
ing bond, with sureties to be approved by such officer, in a sum
equal to double the amount of such warrant or order, conditioned
that the parties thereto shall ply all damages which the county,
city, township. incorporated village or school district, as tno e84
may be, may sustain, if compelled to pay such lost or destroyed
orders or warrants. (366.24)
2.52. Record to be kept. —Any officer issuing duplicates under
Sec. 366.23 - .25 shall keep a record showing the number, dates and
amounts of such mutilated, lost or destroyed orders or warrants,
together with the date of issuance of the duplicates therefor, and
64
k
GENERAL PROVISIONS
the names of the persons to whom issued. (366.25)
2.53. Garnishment —municipal corporations, etc. —procedure. —
The salary or wages of any officer, or employee of a county, town,
city, village or school district, or any department thereof, is sub-
ject to garnishment. In the case of such officer, the garnishee
summons shall be served upon the auditor, treasurer, or clerk of
such body, or department thereof of which he is an officer; and
in other cases such process shall be served upon the officer in
whose office, or the head of the department in which, or the pre-
siding officer of the body by which, such person is employed; and
the disclosure, shall be made by the officer or person so served,
or by some person having knowledge of the facts designated by him.
When payment is made by such county, town, city, village or school
district, or any department thereof pursuant to a judgment against
it as garnishee, a certified copy of the judgment, with a certificate
of satisfaction to the extent of such payment indorsed thereon, shall
be delivered to the treasurer as his voucher for such payment.
(571.45)
2.531. Attachment and Levy of Salaries. —Attachment. The sal-
ary or wages of an officer or employee of a county, city, town, vil-
lage, or school district, or of any department of any such subdivi-
sion, is liable to attachment. Where the person is an officer, the
writ shall be served upon the auditor, treasurer or clerk of the
subdivision or department of which he is an officer. Where the
person is an employee other than an officer, the writ shall be served
upon the person in charge of the office or department in which the
employee works.
When payment has been made pursuant to levy, a copy of the
attachment with certificate of satisfaction shall be delivered to the
treasurer as his voucher for such payment. (570.013)
Levy. The salary or wages of an officer or employee of a
county, city, town, village, or school district, or of a department
of any such subdivision, may be levied upon and disposed of on
execution. Where the person is an officer, the writ shall be served
upon the auditor, treasurer, or clerk of the sub -division or depart-
ment of which he is an officer. Where the person is an employee
other than an officer, the writ shall be served upon the person in
charge of the office or department in which the employee works.
When payment has been made pursuant to levy, a copy of the
execution with certificate of satisfaction shall be delivered to the
treasurer as his voucher for such payment. (570.013)
Bond. Where his property has been attached a defendant
may secure the release of the property from the attachment by
giving a bond, if he acts before judgment is entered. The bond
must be approved by a judge or justice of the court in which the
action was brought, but where the action was brought in the dis-
trict court, the court commissioner may approve the bond. The
bond shall be executed in a penal sum at least double the amount
claimed in the writ of attachment or, where the value of the
property attached is less than the amount claimed, twice such
value. The bond shall be conditioned to pay any judgment rendered
against the defendant in the action, or as much as equals the
value of the property attached. If he approves the bond, the judge,
justice, or court commissioner shall issue an order discharging the
66
GENERAL PROVISIONS
attachment and releasing the property. When the defendant has
filed the order with the bond and served a copy of the order upon
the plaintiff or his attorney, the order becomes effective. (570.093)
2.54. Town officers as fire wardens —tax for "fire fund." —The
state forester may appoint supervisors, constables and clerks of
towns, mayors of cities and presidents of village councils, fire
wardens for their respective districts, and it is hereby made their
duty to do all things necessary to protect the property of such
municipalities from fire and to extinguish the same. [4031-24]
(88.18)
2.55. Fire breaks, tax levies therefor. —The director shall co-
operate with the state highway authorities and with the super-
vising officers of the various towns, cities, and villages in the
construction of fire -breaks along section lines and public high-
ways.
All cities and villages in the state situated in any forest area
are hereby authorized to clear off all combustible material and
debris and create at least two good and sufficient fire -breaks of
not less than ten feet in width each, which shall completely en-
circle such municipalities at a distance of not less than 20 rods
apart, between which back -fires may be set or a stand made to
fight forest fires in cases of emergency.
All towns, villages, and cities are hereby authorized and directed
to take necessary precautions to prevent the starting and spread-
ing of forest or prairie fires and to extinguish the same; and are
hereby further authorized to levy a tax of not more than ten mills
annually upon the taxable property of such municipalities, but
in no municipality to exceed a total of $3,000 in any one year,
which tax when collected shall be known as the fire fund and kept
separate and apart from all other funds and used only In paying
all necessary and incidental expenses incurred in enforcing the
provisions of sections 88.02 to 88.21. Not to exceed $500 shall be
expended in any one year from any such fire fund for the support
of any municipal fire department. No such municipality shall make
any levy for its fire fund at any time when the same contains
$5,000 or more, consisting of cash on hand or uncollected taxes
not delinquent or both.
In all towns constituted within any of the forest patrol dis-
tricts which may be established by the director, the respective
town and village officers and employees shall cooperate with,
and be under the general supervision and direction of, the di-
rector. (88.04)
Note: See Chapter on Forestry and Fire Prevention.
2.56. By 616.433 to 616.438, it is provided that the sale,
offering or exposing for sale fireworks is prohibited and provides
penalties. As used in the chapter fireworks means any substance
or combination of substances or article prepared for the purpose of
producing audible effect by combustion, explosion and includes
blank cartridges, toy cannons, toy canes in which explosives are
used, types of balloons requiring fire, torpedoes, skyrockets, Roman
candles, bombs or other fire works or other device containing an
explosive substance; but fireworks shall not include toy pistols,
toy guns in which proper caps containing small grains of explosive
66
SUPERVISION OF ACCOUNTS
material. It is a long chapter and everyone interested should read
it carefully. Supervised public displays by viilzges, boroughs, etc.
are excepted. Violation of Act a misdemeaner. (616.433 to 616.438)
2.57. Adjoining state may establish airports in villages and
townships. —Subdivision 1. The governing body of any county, city,
village, town, or other municipality or political subdivision of an
adjoining state, whose laws permit, is hereby authorized to acquire,
establish, construct, own, control, lease, equip, improve, maintain,
and operate airports, or restricted landing areas, or other air navi-
gation facilities in this state, subject to all laws, rules, and regu-
lations of this state applicable to its municipalities and other
political subdivisions in such aeronautical projects, but subject to
the laws of its own state in all matters relating to financing such
projects.
Subd. 2. Such municipality or other political subdivision of
an adjoining state shall have all the rights, privileges, and duties
of like municipalities and political subdivisions of this state, in-
cluding the right to exercise the right of eminent domain.
Subd. 3. This act shall not apply unless the laws of such
adjoining state shall permit municipalities and other political
subdivisions of this state to acquire, establish, construct, own,
control, lease, equip, improve, maintain, operate, and otherwise
control such airports, restricted landing areas, or other air navi-
gation facilities therein, with all privileges, rights and duties
applicable to the municipalities and other political subdivisions of
such adjoining state in such aeronautical projects. (360.201-360.203)
X.—SUPERVISION OF ACCOUNTS
2.58. State supervision of accounts. —The public examiner shall
have like power and duty to supervise the accounts of all cities
not included in Section 215.12. He shall have the authority to
require, in his discretion, the financial officers of any city not
included in Section 215.12 to send all books, accounts, and vouchers
pertaining to the receipt, disbursement, and custody of its public
funds to the office of the public examiner for examination. He
may prescribe and install for such cities systems of accounts and
reports, which shall be uniform for each class of cities and offices.
He may conduct such examinations of accounts and records as
he may deem the public interest to demand.
The report of such examination shall be filed with the mayJr
and city council or commission; and, in case of any violation of law,
it shall be prosecuted, as provided in Section 215.11 with respect
to the examination of cities of the first class. (215.13)
Note: By Chap, 215. Laws 1937. as to certain villages of mc,re
than 1000 population and taxable property of more than one million
exclusive of moneys and credits, and
Chap. 169, Laws 1941, as to Independent School districts of more
than 2000 population and assessed valuation of taxable property of
more than four million may each employ public accountants on a
monthly or yearly basis to audit and report on their records Public
accountant Is defined.
2.59. Supervision of school districts, towns and villages. —All
powers and duties of the public examiner herein imposed and
conferred with respect to the supervision, inspection and ex-
67
SUPDRVIS1ON OF ACOOUNTS
amination of books and accounts of cities in Section 8 hereof,
are herewith extended to all school districts, towns and villages
of this state. A cony of the report of such examination shall be
filed subject to public inspection, with the clerk of the town, village
or school district receiving such examinatioq, and an additional
copy with the county auditor; provided, that if such report dis-
closes malfeasance, misfeasance or non-feasance in office, the
public examiner, shall file such copy with the county attorney of
the county in which such school district, town or village is located,
and said county attorney shall institute such proceedings as the
law and the public interest require. (215.14)
Note: By Chap. 1R9. G. L. 1911. all accounts, claims and demands
against school districts before they can be audited or allowed must be
itemized and verified, that it is just and true, the services charged
for are such as allowed by law, etc. A regular form is used for this
purpose.
2.60. Refusal, obstruction, etc. —Every person who shall refuse
or neglect to obey any lawful direction of the examiner, or his
deputy, or any of his assistants; withhold any information, book,
record, paper, or other thing called for by him for the purpose
of examination; wilfully obstruct or mislead him in the execution
of his duties; or swear falsely concerning any matter stated under
oath. shall be guilty of a felony, the minimum penalty whereof
shall be a fine of one thousand dollars, or imprisonment in the
state prison for one year. (215.17)
2.61. Petition for examination. —The freeholders of any city,
borough, village, or town may petition the public examiner to
examine the books, records, accounts, and affairs of anv such city,
borough, village, or town, or of any organizational unit, activity,
project enterprise or fund thereof; and the scope of the examina-
tion may be limited by the petition, but such examination shall
cover. at least, all cash received and disbursed and the transactions
relating thereto, provided that the public examiner shall not ex-
amine more than the six latest years preceding the circulation of
the petition, unless it appears to the public examiner during his
examination that the audit period should be extended to permit a
full recovery under bonds furnished by public officers or employees,
and may if it appears to him in the public interest confine the
period or the scope of audit, or both period and scope of audit. to
less than that requested by the petition. When the population of
any such city, borough, village, or town is not more than 2 000, the
petition shall be signed by at least six freeholders for each 100
inhabitants; when the population thereof is over 2,000 the petition
shall be signed by at least four freeholders for each 100 inhabitants.
Likewise, the freeholders of any school district may petition the
public examiner in the same manner and he shall be subject to the
same restrictions regarding the scope and period of audit, provided
that the petition shall be signed by at least ten freeholders for
each 50 pupils in the average daily attendance during the preced-
ing school year as shown on the records in the office of the county
superintendent of schools. In no case shall the petition for an ex-
amination of a town bear the names of less than 25 freeholders;
and in the case of a city, borough, or village having a population
over 2,000 said petition shall be signed by not less than 120 free-
holders; and provided, that in the case of school districts and all
68
SUPERVISION OF ACOOUNTS
other cities, villages, and boroughs, said petition shall be signed
by at least ten freeholders. At the time it is circulated, every peti-
tion shall contain a statement that the cost of audit will be borne
by the city, village, borough, town, or school district as provided
by law. Before such petition is delivered to the public examiner it
shall be presented to the auditor of the county in which such city,
borough, town, village, or school district is situated,who shall deter-
mine whether such petition is signed by the required number of
freeholders and shall certify such fact thereon, and such certifi-
cate shall be conclusive evidence thereof in any action or proceed-
ing for the recovery of the costs, charges and expenses of any ex-
amination made pursuant to such petition. (215.19)
2.62. Request for examination. —The governing body of any city,
borough, village, town, county or school district, by appropriate
resolution may ask the public examiner to examine the books,
records, accounts and affairs of their government, or of any organ-
izational unit, activity, project enterprise or fund thereof; and the
public examiner shall examine the same upon receiving, pursuant to
said resolution, a written request signed by a majority of the mem-
bers of the governing body; and members of any public utility
commission may request an audit of its books, records, accounts
and affairs in the same manner; provided that the scope of the
examination may be limited by the request, but such examina-
tion shall cover, at least, all cash received and disbursed and
the transactions relating thereto. Such written request shall be
presented to the clerk or recording officer of such city, borough,
village, town or school district, before being presented to the public
examiner, who shall determine whether the same is signed by a
majority of the members of such governing body and, if found to
be so signed, shall certify such fact, and the fact that such resolu-
tion was passed, which certificate shall be conclusive evidence
thereof in any action or proceeding for the recovery of the costs,
charges and expenses of any examination made pursuant to such
request. Nothing contained in any of the laws of the state relating
to the public examiner, shall be so construed as to prevent any city,
borough, village, town or school district from employing a certified
public accountant to examine its books, records, accounts and af-
fair. (215.20)
2.63. Town or village liable to state for cost. —Upon the exam-
ination of the books, records, accounts, and affairs of any county,
city, borough, village, town, or school district, as provided by law,
such county, city, borough, village, town, or school district shall
be liable to the strife for the total cost and expenses of such ex-
amination, including the salaries paid to the examiners while ac-
tually engaged in making such examination. The public examiner
if he deems it advisable may bill such county, city, borough, vil-
lage, town, or school district monthly for service rendered and
the officials responsible for approving and paving claims are auth-
orized to pay said bill promptly. Said payments shall be without
prejudice to any defense against said claims that may exist or be
asserted. The revolving fund of the public examiner shall be credit-
ed with all collections made for any such examinations. (215.21)
2.64. Collection by state treasurer. —On July 1st of each year
the state treasurer shall certify to the state auditor all uncollected
drafts for the examination of any county, city. borough, village,
69
SUPERVISION OF ACOOUNTS
town or school district which have remained unpaid for a period
of three months from the date of such draft. Upon receipt of such
list the auditor shall forwith notify the clerk or recording officer
of each county, city, borough, village, town or school district,
against which the state has a claim, that if the same is not paid,
with interest from the date of the draft, within 90 days. the full
amount thereof will be certified to the county auditor of the county
or counties in which such city, borough, village, town or
school district is situated, for collection by special tax levy as
herein provided. Such notice shall be served by registered mail
and the deposit thereof in the United States mail shall constitute
due and legal service thereof upon the county, city, borough, vil-
lage, town or school district. (215.22)
2.65. Contested claim:. —On or before September first following
service of said notice, any such county, city, borough, village, town
or school district may serve notice in writing, upon the attorney
general that it desires to contest the legality of the state's claim,
whereupon such claim shall be withdrawn from the state auditor,
and the attorney general shall forthwith file with the clerk of the
district court of the county having such examination or in which
such city, borough, village. town or school diitrict, or major part
thereof is situated, a verified statement of the state's claim, duly
itemized, and serve upon the auditor or clerk of such county, city,
borough, village, town or school district, by registered mail, a copy
of such statement. Such county, city, borough, village, town or
school district may file with the clerk of sueh district court within
ten days after the service of such statement upon it. verified ob-
jections to the state's claim, and such district court shall thereupon
summarily, in or out of term hear and determine the amount due
the state, if anv, for such examination. at a time and place fixed
by the court therefor. The clerk of such court shall certify to the
county auditor of the county, having such examination or to the
county auditor 3f the county or counties in which such city,
borough. village, town or school district is situated, the amount
so determined by the court to be due to the state, if any. (215.23)
2.66. Collection of tax levy. --On October first of each year, the
state auditor shall certify the respective amounts due the state from
the various counties. cities. boroughs. villages towns and school
districts, as shown by the list so filed by the treasurer. and not
withdrawn therefrom, including the interest computed to July first
following, to the county auditor of the county having such exam-
ination or to the county auditor of the county in which any such
city, borough, village, town or school district is in whole or in
part situated. The county auditor, upon receiving a certificate
from the state auditor or a certificate from the clerk of court, as
provided in Sec. 215.23, shall include the amount of the state's
claim, with 25 per cent added, in the tax levy for general revenue
purposes of the county or municipality liable therefor, and such
additional levy shall not be within any limitation imposed by law
upon the amount of taxes which may be levied for revenue pur-
poses. Upon completion of the June tax settlement following such
levy the county treasurer shall deduct from the amount apportion-
ed to the county or municipality for general revenue purposes, the
70
CEMETERIES
i
I
amount due the state including interest and remit the same to the
state treasurer. (215.24)
XL —CEMETERIES
(See Also Chapter XIV on Cemeteries and Cemetery Associations)
2.67. Cemeteries. —When authorized by a vote of its electors,
any town may acquire by purchase, gift, or condemnation, land or
additional lands within its limits, to be used as a cemetery for
the burial of its dead. The town board shall have control and
management of every such cemetery, and may lay the same out
into lots, streets, and walks, and cause plats and maps thereof to
be made and filed in the office of the town clerk. If any such
cemetery becomes separated from the town by being included
in a village thereafter organized from its territory, it may be sold
and conveyed by the town board to such village. When authorized
by a vote of its electors at a town meeting the town may sell or
lease any part of such cemetery to a charitable, religious or ceme-
tery corporation upon the terms and conditions expressed in such
authorization, but the part so sold or leased shall continue to be
used for the burial of the dead of the town. Upon receipt of a
resolution of the town board requesting financial aid for main-
tenance of a town cemetery, the village council of any village
located within the boundaries of such town may, in its discretion,
appropriate from moneys not required for other purposes and
pay to the town for maintenance of such town cemetery a sum
not to exceed five hundred dollars per annum, provided that burial
of the dead of the village is permitted in such cemetery, and the
town board is authorized to grant such permission on such terms
and with such limitations as it shall from time to time prescribe.
(365.26)
2.68. Sale of lots —proceeds. —Lots in such cemeteries may be
sold by the board only for the burial of the dead of such town, and
upon sale shall be conveyed in like manner as its other real estate.
Proceeds of all sales shall be paid into the town treasury. and shall
constitute a fund to be used only in maintaining, improving, and
ornamenting such cemetery. (365.27)
2.69. Public burial grounds. —Whenever any tract of land in
a town, title to which is not vested In some cemetery association,
has been used as a public burial ground for ten years, the tlUe
thereto shall be deemed vested in such town, and the same shall be
subject to the control and management of its town board in like
manner as other town cemeteries. (365.28)
2.70. Permanent fund for cemetery purposes. —That the board
of supervisors of any township in the state which has hereto-
fore purchased land for, and which is now used or may be here-
after purchased and used as a cemetery therein may require and
provide that any part or portion of the price paid for lots therein
shall constitute a permanent fund which shall be deposited as
hereinafter provided and that the interest accruing thereon shall
be paid annually to the directors of said cemetery to be by them
expended in caring for and beautifying such lot in the proportion
which the amount set aside from said lot bears to the total amount
in said fund. (365.29)
2.71. Fund for care and improvement. —The board of super-
71
CEMETERIES
visors is hereby given power and authority to fix and determine
the amount of such price of each such lot sold that shall be taken,
held and deposited for the purpose of caring for and 'beautifying
said lot and cemetery and to direct and require the said directors
of said cemetery to expend the interest on the same as herein
provided. (365.30)
2.72. —Same—may accept gifts. —The boards of supervisors
and the directors and each thereof are hereby authorized and
empowered to receive, accept and deposit as hereinafter provided
any donation or gift of money made to such fund so created and
to provide and require that the interest therefrom shall be used
by the directors in the care and beautifying of such lot or lots
in such cemetery, or in the care and beautifying of such cemetery,
and may receive and accept gifts and donations for the care and
beautifying of any particular lot or lots in such cemetery, and shall
use the same and the interest thereon for the purpose specified
by the donor. (365.31)
2.73. Same —deposit with county treasurer. —The said boart3
of supervisors are hereby authorized and empowered to require
the directors of any such cemetery to deposit all such money in
the county treasury of the county in which such township is lo-
cated immediately after the sale and receipt by them of payment
for any lot sold in such cemetery, or the receipt of any such gift or
donation, and the county treasurer of any such county is hereby
authorized, empowered and directed to receive the same and all
such and deposit it as hereinafter provided. (365.32)
2.74. Same —deposit in bank. —These funds, and all there-
of, as soon as received by such county treasurer shall be deposited
in a bank designated as a depository of county funds by the board
of auditors of such county. (365.32)
2.75. Same — interest. — For the purpose of such deposit,
the fund so created shall be treated as other funds in the county
treasury, except as herein otherwise provided, and draw no
less rate of interest than is paid on the funds of said county
deposited in the depository, provided, however, that the board of
directors of the cemetery association may require all or part of
the fund to be deposited on time certificates in the depository
in the name of said county treasurer, payable to him or his suc-
cessors in office, and the said county treasurer shall secure on such
time deposit the highest rate of interest which said depository will
pay thereon and not less than the current rate paid on time cer-
tificates by such depository, and for such principal and interest
so deposited on time certificates such treasurer shall be liable in
the same way and manner and to the same extent he is liable
upon his bond for moneys deposited on behalf of the county.
(365.33)
2.76. Same — interest, how used. — The fund shall be
deposited in such depository in the name of such county and the
72
CEMETERIES
bond or security given to said county by such depository shall be
taken and held to be as security for such fund but the treasurer
of such county shall keep an accurate and separate account there-
of and shall draw from such depository annually the interest ac-
cruing on such fund and pay the same to the board of directors of
the cemetery and the board of directors shall use said interest
for the purposes aforesaid and none other. (365.33)
2.77. Same —transfer of fund. —It is hereby made the duty of
the treasurer of any such county when any change is made in the
depository of the funds of any such county to change and transfer
to such new depository the fund herein provided for and deposit
such fund in such new depository. (365.34)
2.78. Same —disposition of excess. —Any excess of interest
over the sum necessary for the care and beautifying of the lots or
cemetery in any one year shall be by the directors deposited in
such treasury to be added to and become a part of the •principal
sum, and no part of the principal suns shall ever be used. (365.35)
2.79. Same —investment of fund. —The board of supervisors
by and through the board of directors of the cemetery associa-
tion, if there shall be a board of directors thereof, and if there
shall not be a board of directors thereof, then acting as a board
of supervisors, shall invest the said fund so created in the same
kind of bonds and securities as the permanent school fund of the
state of Minnesota may be invested in and for such purpose and
none other. This law as it shall exist at the time any money
is received into this fund shall control the investment thereof and
such fund shall be invested only as the law provides at the time
of the receipt of the money into the fund and no subsequent
amendment or change in this law shall authorize the investment
of any fund difterently or in any other class of securities save as
provided in this law when said money is received into the fund.
The board of supervisors and the cemetery directors may require
the treasurer of any such county to withdraw all or any part of
such fund from such depository for investment as hereinbefore
provided and if the fund or any part thereof be so invested, the
bonds or other securities shall be and remain with the county
treasurer and the bond of the county treasurer shall at all times
be security for the proper care thereof and the payment of interest
received by him thereon to the directors of the cemetery, and upon
paymnt of any such bonds or other securities the treasurer of
such county upon such payment shall deposit the same in the
depository in which county funds are deposited, shall collect the
interest upon the funds so loaned and pay the same to the directors
of said cemetery whenever requested so to do and annually pay
73
FURNISHING DYNAMITE
over to the directors of the cemetery all interest on money col-
lected or received by him on funds so deposited or invsted as here-
in provided.
On or before the first day of March of each year the county
treasurer shall make a report to the board of supervisors of said
township in which he shall set forth a statement of all moneys re-
ceived by him under the terms of this act during the preceding cal-
endar year, and in which report he shall set forth in detail a state-
ment of the amount of money in the said permanent fund on the
first day of said calendar year and the amount of securities in said
fund on said first day of said calendar year, the amount of money
paid into said fund during said year, the amount of money invested
in securities in said year and a statement of the securities held
in said fund at the end of said calendar year and the amount of
money in said fund at the end of said calendar year, a statement
of the amount of interest collected on said fund and turned over
to the directors and a statement of the excess, if any, of the inter-
est over the sum necessary for the care and beautifying of said
lots which the directors shall have deposited in such treasury to be
added to and made a part of the permanent Lund. (365.36)
2.80. Villages and townships may cooperate. — Where a vil-
lage or township owns and maintains an established cemetery or
burial ground, either within or without the municipal Limits, the
village or township may by mutual agreement with contiguous vil-
lages and townships each having an assessed valuation of not less
than $500,000.00, join together in the maintenance of such public
cemetery or burial ground for the use of the inhabitants of each of
such municipalities; and each such municipality is hereby author-
ized by action of its council or governing body to levy a tax or
make an appropriation for the support and maintenance of such
cemetery or burial ground; provided, the amount thus levied or ap-
propriated by each municipality shall not exceed a total of $1,-
000.00 in any one year except that any of the aforesaid towns, the
assessed valuation of which exceeds $3,000,000, may levy $2,000 in
any one year. (471.24)
Such appropriation by each municipality shall not exceed the
per capita amount paid by any other municipality sharing therein,
based on the populations of the respective units; provided, also,
that any arrangement hereunder shall not alter the management,
conrol or ownership of any cemetery. (471.25)
XII.—FURNISHING DYNAMITE FOR CLEARING
2.81. Towns permitted to furnish dynamite for stump blow.
Ing.—Towns are hereby authorized and empowered to furnish resi-
74
FURNISHING DYNAMITE
dents actually settled upon lands within the town with dynamite
for the sole purpose of its use in blowing up stumps in connection
with the clearing of land owned by such applicant. (365.25)
2.82. Bonds may be issued for purchase of dynamite not to
exceed $5,000.—Towns shall have the power to buy and issue their
warrants for such dynamite and also to execute their bonds for
such purpose, the same as they could execute them for any pur-
pose now specified in the statutes of this state; provided, that no
town shall have authority to issue its warrants or bonds for such
purpose in a total amount greater than five thousand dollars.
(365.25)
2.83.—Disposition of dynamite and application for same and
giving of mortgage. —The town board shall have the disposition of
the dynamite so bought by said town and shall deliver the same to
such actual residents and settlers only upon their application for
the same showing that they are under urgent necessity for using
the same for clearing of lands owned by them in fee. or under con-
tract for the purchase by them of the full title thereto. and said
application shall state that the applicant thereby recognizes and
agrees to pay for and create a lien on his land for the payment of
the value of such dynamite, payable in 5 annual payments, substan-
tially as follows:
The undersigned hereby applies to the Town of
County, Minnesota, for
pounds of dynamite, and to obtain the same represents:
1. That he is the owner of
2. That his title thereto or interest therein is as follows•
3. That he will tender an abstract of title showing title in fee
or a contract to purchase, in the applicant, together with a mortgage
and Ilen contract upon his land, and give a note for the payment of
the sale price of said dynamite ten days before asking for its de-
livery.
4. That said mortgage shall be in the usual form except that
it shall contain an agreement that such mortgage is for the pay-
ment of the purchase price of pounds of dynamite
from the town of County,
Minnesota, and that the amount secured by this mortgage shall be
a first lien upon the land therein described which lien shall be in
favor of said town, be further secured by levy of an assessment
thereon, which assessment shall be treated as a town tax and said
tax shall be levied and collected the same as other town taxes and
so treated in all respects. The town board shall receive and
endorse their approval upon such application, which application
shall be in duplicate and said board shall file one copy of said
application with the town clerk and the other with the county
auditor after the said town board shall have endorsed thereon the
value of the dynamite delivered to such person and the amount that
is to be paid each year thereon as principal and interest, and when
such endorsement shall have been made by said town board and
75
TELEPHONE SYSTEMS
shall be filed with the county auditor, he shall levy such sums as
are required to pay In five years the value of such dynamite as
shall have been so delivered to said applicant, and interest thereon,
and shall levy such tax upon said land as is necessary to raise
such amount as shall be necessary to pay said liens for dynamite
with interest thereon as hereinbefore provided and the said tax shall
be extended and collected as are other taxes for town expenses
which are liens upon the same tract of land, and shall thereafter
be treated the same as other town taxes. (365.25)
2.831. Misdemeanor to use dynamite for any other purposes. —
Any use of said dynamite for any other purpose than that for
which it is applied is a misdemeanor. (365.25)
XIII.—TELEPHONE SYSTEMS
2.832. Town boards may construct telephone systems for
Are protection. —For the purpose of preventing the starting and
spreading of forest or prairie fires and extinguishing the same,
promoting public welfare, public health and public safety, anti
facilitating the work of public improvements, the electors
of any organized town of this state shall have power,
at their annual town meeting or at any special town meeting called
in the manner provided by law for special town meetings, to
authorize the town to construct, or otherwise acquire and to operate
and maintain a township telephone system, including the necessary
poles, wires, telephones and telephone equipment, and by itself
or in conjunction with one or more other towns to Construct, equip.
acquire, operate and maintain a local telephone exchange, or one
or more trunk lines of wires connecting such town or towns with
said local exchange, or with a local exchange owned by some other
corporation, person or persons, and to determine by ballot the
amount of money to be raised for the purposes aforesaid. No such
local exchange as herein provided for shall be constructed or main-
tained in municipalities where a local exchange is already in
operation. (237.33)
A township telephone company organized under State Fire Pro-
tection law has no authority to buy an Interest in an adjoining ex-
change without a vote of the township voters. —Op. Atty. Gen., Aug.
6, 1931.
2.84. May connect with outside Tines. —For the purpose of
carrying out the provisions of Section 1 of this act, any town may,
by itself or in conjunction with one or more others towns, construct,
maintain, acquire, own or lease telephone lines, telephone equip-
ment or a local exchange, outside the corporate limits of such
town; provided, however, that the authority herein granted to any
town to acquire, construct or maintain, by itself, lines outside of
its corporate limits shall be solely for the purpose of connecting
telephones inside its corporate limits with a telephone exchange
or switching center outside its corporate limits. Provided, furth-
er, that the railroad and warehouse Commission may order any
service to be extended across any township line to any person or
concern adjacent thereto, whenever in the judgment of the commis-
sion such person or concern is entitled to telephone service and
the same cannot be reasonably required of any other telephone
76
TELEPHONE SYSTEMS
company. (237.34)
2.85. Tax levy for construction. —Whenever any town shall
have authorized the construction, acquiring operation or main-
tenance of a telephone system as set forth in Sections 1 and 2 of
this act, and determined the amount of money to be raised for
that purpose, the town board of supervisors may levy a tax for
the amount of money to be raised therefor. The annual tax levy
for such purpose shall not exceed ten mills upon the taxable
property of such town. (237.35)
Town board has no authority to use the road and bridge fund to
keep up the operating expenses of a township telephone company or-
ganized under State Fire Protection law. —Op. Atty. Gen., Aug. 6, 1931.
2.86. Town meetings and town boards to fix rentals.— The
electors of such town shall have power at their annual town
meeting or at any special meeting, to determine, and in case the
electors fail to do so, the town board of supervisors shall determine,
the manner of payment of rentals and charges to be paid per phone
for operating and local exchange service and such charges and all
tolls payable by the users of such township system shall in the
first instance be collected by the town board or under its direction,
provided, however, that any local exchange may, by agreement
with any town board of supervisors, collect the long distance tolls
directly from said users, and provided, further, that no such town-
ship shall be subjected to or liable for any gross earnings or other
tax by reason of moneys collected or property owned by it for such
township telephone system. In case of the failure on the part of
any user to pay such charges or tolls in the manner so provided, the
town board may institute an action at law to collect such charges
or tolls in arrears, and may also discontinue telephone service to
such user, until all charges and tolls in arrears, the court costs,
if any, taxed and allowed in an action to collect such arrears, and
the reasonable cost of disconnecting the telephone from the general
service, and reconnecting the same shall have been paid. (273.36)
2.87. Town may sell bonds to construct. — For the purpose
of constructing, acquiring, operating or maintaining a township
telephone system or local exchange as in this act provided, any
organized town of this state is hereby authorized to issue and sell
its bonds in the same manner and under the same procedure and
within the same limitations as provided by law for the issuance and
sale of township road and bridge bonds, and the board of super-
visors and their successors are hereby authorized to levy and in
due form certify to the auditor of the county in which such town
is situated, a tax upon the taxable property of said town to pro-
vide for the payment of installments of principal and interest as
they mature, in the manner provided in the case of township
road and bridge bonds. (237.37)
2.88. Local exchanges shall permit connection. —Whenever
public convenience requires the same, every local telephone ex-
change shall for a reasonable compensation permit a physical con-
nection or connections to be made and telephone service to be
furnished between such local telephone exchange system and
township telephone system. In case of failure of the local tele-
phone exchanges to allow or agree upon such physical connection
or connections, or the terms and conditions upon which the same
77
r
TELEPHONE SYSTEMS
shall be made, application may be made to the Railroad and Ware-
house Commission of this State for an order requiring such con-
nection, and fixing the compensation, terms and conditions thereof,
and if after investigation and hearing the said commission shall
find that such physical connections will not result in irreparable
injury to such telephone properties, it shall by order direct such
connections to be made and prescribed reasonable conditions and
compensation therefor and for the joint use thereof, and by whom
the expense of making and maintaining such connection or con-
nections shall be paid. Whenever application is made to said
commission requesting physical connection, it shall be presumed
that such connection is necessary and that the public convenience
will be promoted thereby, and the burden of overcoming such
presumption shall be upon the party resisting such application.
(237.38)
2.89. Private owners may sell to township —railroad and
warehouse commission to fix value. —When, under the provisions
of this act, a township telephone system shall be established in
any township wherein any of the inhabitants of such town are al-
ready provided with telephone service furnished by any other
telephone company, person or persons, such township shall, when
so requested by said telephone company, person or persons, ac-
quire from said telephone company all telephone equipment used
by said telephone company, person or persons, in furnishing tele- 1!
phone service to the inhabitants of such township exclusively.
For the purpose of determining the purchase price of such equip-
ment application shall be made to the State Railroad and Ware-
house Commission whose duty it shall be thereupon to determine
the just compensation which the owner of such telephone equip-
ment is entitled to receive therefor from the township. Before
deciding upon such compensation, said commission shall at a pub-
lic meeting which may be adjourned from time to time hear all
interested parties on the question involved. The commission shall
by order fix the compensation and furnish a copy of its order to the
township, and to the telephone company, person or persons con-
cerned. An appeal may be taken to the district court of the county
wherein such township is situated from that part of the order fix-
ing the compensation to be paid, within thirty days, by either
party, which appeal shall be tried the same as other appeals here-
under; if no such appeal is taken the order of the commission shall
become final at the end of thirty days, and when appeal is taken
the decision of the district court or of the supreme court if taken
there from the district court shall be final. When under the provi-
sions of this act a township telephone system has been established
in any township, and it has been determined by the board of
supervisors of said township to be for the best interest of public
service and all parties concerned, to sell and transfer said town-
ship telephone system to any telephone company, person or persons
giving service or organized for that purpose and qualified to pur-
chase said system and operate the same, the said board of super-
visors shall have authority to sell, transfer, and convey said town-
ship telephone system upon such reasonable price and terms as it
may determine, provided. that there shall be presented to the board
of supervisors by a petition signed by at least 25 per cent of the
freeholders of said township asking the sale thereof, and, if such
sale and agreed sale price be approved at an annual or special
78
1
DOCKS
town meeting, it being stated il. the notice of such annual and
special meeting that the proposition will be considered thereat, by
66 per cent of the legal voters attending such meeting.
If any township telephone lines are sold under the provisions
of this act, and the township has theretofore issued bonds for the
construction thereof, and any part of said bonds are then out-
standing and unpaid; the entire consideration received from the
sale, or such part as may be necessary, shall be held and applied
only for the payment and retirement of sucn bonds. (237.39)
A town board is without power to give away an interest which it
has purchased in an adjoining exchange. —Op. Atty. Gen., Aug. 6, 1931.
2.90. Town boards to manage. —The board of supervisors of
any such township is hereby vested with all necessary authority
to manage, maintain and operate any township telephone system
constructed under the provisions of this Act, and to that end, may
among other things, contract for the connection of such township
lines with exchanges owned by others for switching, lease the
system for a reasonable compensation, local exchange and toll con-
nections, hire and discharge such employees as may be necessary
to operate and maintain such township system. establish rules
and regulations, and subject to the approval of the Railroad and
Warehouse Commission establish and from time to time change
rates and charges, covering the service furnished to the users.
(237.40)
Town board may cancel out and refuse to connect with another
exchange and operate its telephone service by house to house calls
without a central exchange connection. —Op. Atty. Gen., Aug. 6, 1931.
Town board has no authority to use the road and bridge fund to
:seep up the operating expenses of a township telephone company or-
ganized under State Fire Protection law. —Op. Atty. Gen., Aug. 6,
1931.
XI V.—DOCKS
2.91. Certain towns and villages may combine to build public
docks. —In cases where any village in this state which is situated
upon navigable waters and has no railroad connections but is de-
pendent upon such navigable waters for transportation and or-
ganized towns in the vicinity of such village desire to combine
and organize for the purpose of building, maintaining and operat-
ing one or more docks or wharves on the shore of such navigable
waters with warehouse connections for the use by the people in
the territory affected, they may so combine and build, maintain
and operate such docks, wharves and warehouses and raise funds
for such enterprise by proceeding as herein directed. Provided,
that no such territory shall so organize unless the whole thereof,
when taken together, will constitute one contiguous body of land.
(471.05)
Note —Only the first section of this act is here quoted. Towns and
villages desiring to take advantage of its provisions should consult
the law in question.
XV.—WATER WORKS —FIRE AND POLICE PROTECTION
2.92. City may furnish water to town or village. —Any city of
the first class, which maintains a municipality owned and operated
and operated water plant or department, whether such water
79
WATER WORKS —FIRE —POLICE
plant is under the control of the city council or a board of
water commissioners, is hereby authorized to furnish water to, and
extend its mains into any city, town or village whose territory
is contiguous to such city, and to assess the cost of extending said
mains against the property abutting on the street in which said
mains are laid. (456.29)
Whenever any such city extends its mains and furnishes water
to contiguous cities, towns or villages, under the provisions of this
act, and is operating under a home -rule charter adopted pursuant
to Section 36, Article 4 of the Constitution of the State of Minne-
sota, the cost of such mains shall be assessed and the assessment
collected in the manner prescribed by its charter, provided, how-
ever, that no such mains shall be extended or ordered furnished
to any such contiguous city, town or village except upon the
adoption of a resolution requesting such service by the council or
town board of such city, town or village, which resolution shall
designate the streets, alleys or other public places wherein such
mains may be laid, and provided further that the total cost of
constructing such mains extended into any city, town or village
shall be assessed against the property abutting on the street
where the mains are laid. (456.30)
2.93. Certain towns may provide fire and police protection and
waterworks. —The electors of any town in which the assessed
valuation of the platted lands thereon equals or exceeds fifty per
cent (50%) of the total assessed valuation of all the lands of such
towns exclusive of mineral valuations, shall have power at a special
election called for such purpose or at the regular annual meeting
to authorize the town board (1) to provide for fire protection
and apparatus therefor, 12) to provide for police protection and
(3) to allow, permit, prohibit and limit the use of its roads, streets
and public grounds for water mains. with all the necessary pipe,
hydrants and other appliances and means, and (4) to empower the
town board to build and construct water mains with all the neces-
sary pipe hydrants and other appliances for the purpose of pro-
viding water for the inhabitants thereof upon such terms and con-
ditions as may be imposed by such town board and upon the condi-
tion that the water rates charged to the inhabitants of such town
and to the public shall be just and reasonable and not exceeding
fair return upon the fair value of the property used for such pur-
pose for a period c.f not more than twenty (20) years. (365.20)
2.94. Special election may be called. —A special election of
the electors of such town may be called for the purpose of voting
upon any of the foregoing propositions by the town board upon its
own motion. or shall be called by the town board upon a petition
of twenty per cent (20%) of the qualified electors of such town
based upon the number of such electors as shown by the poll list
of voters at the next preceding election prior to the making of
such petition. Notice of such election shall be given by posting
notice thereof in three (3) of the most public places in the town
specifying the propositions upon which the electors are to vote as
follows:
1. Shall the town board be authorized to provide for fire
protection and apparatus therefor?
2. Shall the town board be authorized to provide for police
80
WATER WORKS —FIRE —POLICE
protection?
3. Shall the town board be authorized to grant a franchise
for waterworks for the purpose of supplying the inhabitants of
the town and the public with water?
Or as many of such propositions as are to be voted upon at
such election. (365.21)
2.95. Manner of conducting election. —Every such election
shall be conducted in the same manner as elections by ballot at
the regular town election and the propositions to be voted upon
shall be separately stated upon the ballots as specified in the pre-
ceding section, and opposite each proposition shall be placed two
squares with the words "yes" and "no" set opposite each square
as follows:
"Yes
"No
and each elector shall vote separately on each proposition by mak-
ing a cross in the square indicating whether he desires to vote
"yes" or "no" on such proposition. The polls shall be opened from
9 A. M. to 7 P. M., and in all other respects the election shall be
conducted and votes canvassed as elections by ballot as pro-
vided in Sections 212.31 to 212.32. (365.22)
2.96. Expenditure of moneys. —In case of any of the foregoing
powers shall be granted to any such town board by the electors in
the manner aforesaid, the town board shall not have any authority
to spend money therefor or to enter into any contract or levy any
tax for any of such purposes unless the same be authorized at the
annual town meeting, except that whenever the electors vote to
authorize any town board to exercise any of such powers in any
year after the annual town meeting a special town meeting may be
called upon ten (10) days' notice, and such special town meeting
shall have the same authority in respect to voting for said pur-
poses as the electors at an annual town meeting. (365.23)
2.97. Powers may be revoked. — The electors of any such
town may by an election called and held as hereinbefore provid-
ed, revoke any authority of such town theretofore granted by vote
of such electors as aforesaid, and in any such case, if such election
results in a revocation of any of such powers, the town board shall
no longer exercise the same. (365.24)
2.98. Township Mutual Insurance Companies —agreement for
Fire Protection. —The members of a township mutual fire insurance
company may, at any regular, or at any special meeting called for
that purpose, authorize its officials or directors to enter into an
agreement with any municipal subdivision of the state or with any
fire department whereby the fire department of such municipality
shall respond to calls in case of fire in territory where the com-
pany does business or respond to calls in case of fire on the prem-
ises of a member of such mutual company on such terms and con-
ditions as may be mutually agreed upon. (67.16)
Note: Relates to powers of township mutual fire insurance com-
panies to Insure corn and grain and provides that in addition to the
powers and privileges now covered upon them by law and organized
under the provisions of Chapter 411, Laws 1909 and acts amendatory,
81
WATER WORKS —FIRE —POLICE
are authorized to insure against loss or damage by hail, windstorm,
tornado, cyclone, and inherent explosion, corn and other grain stored
in containers of its members in accordance with federal regulations.
Also relates to township mutual fire insurance companies and
provides among other things that no such company organized or to
be organized under this act shall insure any property outside of the
limits of the town or towns in which such company 1s authorized by
its certificate or articles or incorporation to transact business; except
personal property temporarily outside of such territories or as here-
after provided; nor shall any township mutual fire insurance com-
pany insure any property other than dwellings and their contents,
farm buildings, livestock, farm machinery, automobiles, country store
buildings, threshing machines, farm produce on the premises,
churches, school houses, town halls, blacksmith shops. parsonages,
barns, creameries, cheese factories and respective equipment and the
contents of all of the above named places and the out buildings in any
city, village, or borough of 1250 or less inhabitants, county poor farms
whereof the contents of any thereof and personal property is situated
in the county in which such company is operating.
Whenever property is insured within the limits of a town where
the company is authorized to do business and is within or partly
without such town it may include the out buildings, farm produce,
stock and other farm property.
2.99. Organization — operation. — It shall be lawful for any
number of persons not less than twenty-five (25) residing in ad-
joining towns in this State who shall collectively own property
worth at least Fifty Thousand Dollars ($50,000.00) to form them-
selves into a company or corporation for mutual insurance against
loss or damage by fire or lightning. No such company shall oper-
ate in more than one hundred twenty five towns in the aggregate at
the same time provided, that when any such company confines its
operations to one county it may transact business in the whole
thereof by so providing in its certificate of incorporation. (67.12)
3.00. Fire protection, fire apparatus. —The electors of each town
shall have power at any annual or special town meeting to auth-
orize the town board to provide for fire protection, or for the
purchase or acquisition of apparatus therefor, either by itself or
jointly with any other town, city or village, or any number there-
of, and for the maintenance and operation of such apparatus, and
to determine by ballot the maximum amount of money to be
raised in that year and each year thereafter for any or all of such
purposes until changed in the same manner by the electors at a
subsequent meeting. (365.15)
Where town board enters into contract with village for fire pro-
tection and spends money to defray cost of calls within town outside
village, there is no statute providing for reimbursement of town-
ship by state. —Op. Atty. Gen., July 11, 1932.
3.01. Tax levy; contracts; control of apparatus. —When the
electors of any town have authorized the providing of apparatus
for fire protection, or the maintenance and operation of such ap-
paratus or both, and determined the amount of money to be raised
therefor, the town board may annually levy a tax for the amount
so authorized or for such lesser amount as the board may deter-
mine to be necessary and make all contracts necessary for pro-
viding the same and shall have the control and management of
the apparatus so provided, subject to control and management
jointly with other towns, cities or villages as herein provided.
(365.16)
82
WATER WORKS —FIRE —POLICE
3.02. Adjacent towns, joint apparatus. —When the electors of
two or more adjacent towns have authorized the providing of ap-
paratus for fire protection and determined the amount of money
to be raised in the respective towns for that purpose the town
boards of such two or more towns may arrange for pooling the
amounts raised by such towns and for providing such apparatus
jointly and for the maintaining of such apparatus for the use of
such towns in common upon such terms and conditions and subject
to such rules and regulations as may be mutually agreed upon
and, in such case, the immediate control and management of the
apparatus may be entrusted to a committee composed of the
chairman of each of the boards. The term of any such joint agree-
ment may be any reasonable period not exceeding ten years.
(365.17)
3.03. Adjacent city or village, contract with. —When the elec-
tors of any town have authorized the providing of fire protection,
or for apparatus therefor, and for the maintenance and operation
of such apparatus, and determined the amount of money to be
raised therefor, the town board may annually levy a tax for the
amount so authorized or for such lesser amount as the board may
determine to be necessary, and enter into a contract with the coun-
ty in which the town is located or with any adjacent city or village,
or with any volunteer fire department or association not estab-
lished by charter or ordinance as an official part of a city or
village government for the furnishing of such fire protection
within the limits of the town and for the care, maintenance and
operation of such apparatus, on such terms and conditions as
mutually may be agreed upon. The term of any such contract may
be any reasonable period not exceeding ten years. (365.18)
3.04. Construction of act. —Nothing in sections 365.15 to
365.18 shall be construed so as to modify, abridge, or repeal Laws
1925, Chapter 407. Any levy hereunder shall be separate and distinct
from, and in addition to, the levy and the amount of tax authorized
in any one year pursuant to section 88.04; provided, that the levy
of the tax authorized under sections 365.15 to 365.18 shall not
exceed a total of $6,000 in any one year, but this limit shall not
apply to any town in any county having a population of 300,000 or
more. (365.19)
3.05. Clerk shall report to commissioner. —On or before Sep-
tember 30, annually, the clerk of every municipality having an
organized fire department, or a partly paid or volunteer depart-
ment, shall file with the commissioner his certificate stating such
fact, that no minor under the age of eighteen is so employed,
the system of water supply in use in such department, the num-
ber of its organized companies, steam, hand or other engines,
hook and ladder trucks, hose carts. and feet of hose In actual use,
and such other facts as the commissioner may require; provided
however that such clerk shall include in such certificate the name
of each municipality or town served by such fire department under
contract. (69.01)
Note: We have quoted only the first section of above law, re-
mainder being the commissioner's duties.
A town has authority to spend money from general fund, or from
83
DISSOLUTION OF TOWNS
road and bridge fund where a road is endangered, for purpose of fire
fighting. —Op. Atty. Gen., Oct. 3, 1932.
3.051. Plumbers, Regulation of. —Any city or village having a
system of waterworks or sewerage, or any town in which reside
over 5,000 people exclusive of any villages located therein, may, by
ordinance, adopt local regulations providing for plumbing permits,
bonds, approval of plans, and inspections of plumbing, which regu-
lations are not in conflict with the plumbing standards on the same
subject prescribed by the state board of health. No city or village
or such town shall prohibit plumbers licensed by the state board of
health from engaging in or working at the business, except cities
and villages which, prior to April 21, 1933, by ordinance required
the licensing of plumbers. (326.38)
XVI.—DISSOLUTION OF TOWNS
3.06. Dissolution of towns. —Whenever the electors of any
town, at the annual meeting or at a special meeting called for that
purpose, shall have voted by ballot to dissolve the town organiza-
tion hereunder and the town board thereof shall adopt a resolution
setting forth such facts and asking for the dissolution of the town,
and a copy of such resolution, duly certified by the town clerk,
shall be presented to the board of county commissioners of the
county in which such town is located, such board of county com-
missioners may, or whenever the tax delinquency in any town ex-
ceeds 70 per cent in any one year, the board of county commission-
ers of the county wherein such town is situated, on its own initia-
tive may, by resolution, dissolve such town and attach the territory
formerly embraced therein to the adjoining town or towns, or
provide for the government of such territory as unorganized terri-
tory of the county. If such dissolved territory is added to an
adjoining town the proposal therefor shall first have the approval
of a five -eights majority of the voting electors of such town to
which the dissolved territory is added. Upon the adoption of such
resolution by the county board such town shall be dissolved and
no longer entitled to exercise any of the powers or functions of an
organized town. Provided that the county auditor shall give ten
days' notice by one publication in the paper in which the proceed-
ings of the county board are published of the meeting of the
county board at which such petition will be considered. (365.45)
Determination of dissolution of town may be made by electors
who may or may not be freeholders. —Op. Atty. Gen.. July 20. 1932.
Dissolution of town to be decided by a majority of the voters
present and voting upon the question at annual or special town meet-
ing. —Op, Atty. Gen., Mar. 7, 1933.
3.07. Copy to be forwarded. —A certified copy of the resolu-
tion of the county board declaring such town to be dissolved shall
forthwith be forwarded by the county auditor to the secretary of
state, who shall on receipt thereof make appropriate entry in the
records of his office of the dissolution of such town. (365.46)
3.08. Distribution of funds. —Any funds belonging to said
town remaining in or thereafter coming into the county treasury
of the county in which such town was located shall be disposed of
in the following manner:
84
DISSOLUTION OF TOWNS
Any road or bridge fund shall be expended by the county board
of such county for road and bridge improvements wholly within
the limits of such town; any other funds of such town shall, by the
county auditor of such county, be used to pay all outstanding bonds,
warrants or judgments against said town. If the funds so remain-
ing are not sufficient to pay such outstanding bonds, warrants or
judgments, then upon petition of the holders thereof, the county
auditor shall spread a tax levy against the taxable property of said
town in an amount sufficient to pay the same, which levy, how-
ever, shall not exceed the maximum amount which the town would
have been authorized to levy for the purpose of paying such indebt-
edness if it had not been dissolved. If such levy shall not be
sufficient to pay off such bonds, warrants or judgments the county
auditor shall spread successive annual levies in the maximum
amount which the town would have been able to levy for such pur-
pose if it had not been dissolved until such warrants, bonds or
judgments are paid in full, unless bonds are issued therefor as
hereinafter provided. (365.47)
3.09. Indebtedness. —In the event that the outstanding bonds,
warrants and judgments shall exceed the maximum amount which
may be raised by one year's levy as provided for herein, the county
board may issue funding or refunding bonds in the manner provid-
ed by law for the issuance of county funding or refunding bonds to
take up such warrants, judgments or bonds without first submit-
ting the question of such issue to the electors residing in said
territory or in said county. Provided that any bonds so issued
shall not be an obligation of the county, but shall be an obligation
of the territory formerly included in such town, and shall be pay-
able out of levies made against the property in such territory as
herein provided, and such restriction shall be printed upon the face
of such bonds. Except as herein otherwise provided such bonds
shall be issued purxuant to the provisions of sections 475.51, 475.53,
475.54, 475.58, 475.62, 475.63, 475.66, 475.72, and the tax levy re-
quired by section 475.61 shall be made against the property of the
territory formerly included in such town at the time of the issu-
ance of such bonds. (365.48)
3.10. Property. —Any property, real or personal, of such town
which is needed for county purposes shall become the property of
the county, but the reasonable value thereof, as determined by the
county board, shall be credited to such town and used for the pur-
pose of paying off outstanding bonds, warrants or judgments as
herein provided. Any other property of such town shall become
the property of the county without any allowance being made
therefor. Any surplus funds of said town, after all obligations
have been paid, shall be credited to the general fund of the county.
(365.49)
Note: By Chap. 342, G. L. 1935, it is provided that any civil
township in this State which has failed to elect any township officers
for more than ten years continuously, or to exercise for a period of
ten years any of the functions and powers of an organized civil town-
ship, and when the assessed valuation drops to less than $40,000.00 or
when the tax delinquency of any such township exclusive of taxes
that are delinquent or unpaid by reason of taxes being contested in
proceedings for the enforcement of taxes amounts to 50 per cent of
its assessed valuation; or where the state or federal government has
acquired title to 50 per cent of the real estate of such township which
facts are to be determined and found by a resolution of the county
85
PLATS
containing the township, the county board shall declare any such
township dissolved. The county shall then acquire title to any busi-
ness being conducted by the township. Any outstanding Indebtedness
of such business shall be paid by levy of a tax against the property
therein. [1002-1]; amended G. L. 1933, Chap. 377; Chap. 342, G. L.
1935.
Note: Chap. 419, Laws 1937, makes it necessary to extend the
above note. It introduces a proviso consisting of many separate and
apparently, not important conditions, nor likely to be found in more
than 1 or 2 townships. e.g. In counties of not more than 10,000 in-
habitants nor less than 15,000: between cong. townships in counties
of not more than 28,000 nor less than 27,000 inhabitants, etc. etc.. then
if the conditions specified all exist.
The township clerk shall on petition of 10 legal voters filed 15
days before a township election, shall give notice that at said elec-
tion the matter of dissolution will be voted upon. • • • If a majority
of the votes are for or against dissolution, so it shall be.
XVI I. —PLATS
3.20. Plats authorized; donations effective. —Plats of land may
be made in accordance with the provisions of this chapter, and,
when so made and recorded, every donation to the public or any
person or corporation noted thereon shall operate to convey the fee
of all land so donated, for the uses and purposes named or intend-
ed, with the same effect, upon the donor and his heirs, and in favor
of the donee, as though such land were conveyed by warranty deed.
Land donated for any public use in any municipality shall be held
in the corporate name in trust for the purposes set forth or intend-
ed. (505.01)
3.21. Survey required; monuments must be placed. —The land
shall be surveyed and a plat made setting forth and naming all
thoroughfares, showing all public grounds, and giving the dimen-
sions of all lots, thoroughfares and public grounds. All in -lots shall
be numbered progressively, by the block in which they are situated,
all blocks shall be numbered progressively, and all out -lots shall be
numbered progressively and shall not exceed ten acres in size. At
least three iron or stone monuments shall be placed at some cor-
ners in the ground, in such a way that the lines between the monu-
ments form two or more base lines from which to make future
surveys. All rivers, streams, creeks, lakes, ponds, swamps, and all
public highways and thoroughfares laid out, opened, or traveled
(existing before the platting) shall be correctly located and plainly
shown and designated on the plat. (505.02)
3.22. Dedication, certification. —On the plat shall be written an
instrument of dedication, which shall be signed and acknowledged
by the owner of the land. The instrument shall contain a full and
accurate description of the land platted and set forth what part of
the land is dedicated, and also to whom, and for what purpose these
parts are dedicated. The surveyor shall certify on the plat that the
plat is a correct representation of the survey, that all distances are
correctly shown on the plat, that the monuments for guidance of
future surveys have been correctly placed in the ground as shown,
that the outside boundary lines are correctly designated on the plat,
and that the topography of the land is correctly shown on the plat.
If there are no wet lands or public highways to be designated in
accordance with section 505.02, he shall so state. The certificate
shall be sworn to before any officer authorized to administer an
oath. The plat shall, except in cities whose charters provide for
86
CONTROLS OF PESTS
official supervision of plats by municipal officers or bodies, to-
gether with an abstract and certificate of title, be presented for
approval to the council of the city or village or town board of towns
wherein there reside over 5,000 people in which the land is located;
and, if the land is located outside the limits of any city, village or
such town, then to the board of county commissioners of the county
in which the land is located. The council or board to whom the
plat has been presented may, after having notified the proprietor
to that effect, employ qualified persons to check and verify the
surveys and plat, and to determine the suitability of the plat from
the standpoint of community planning, and such persons shall
make full reports of their findings. The council or board may re-
quire the proprietor to reimburse the city, village, town or county
for the cost of such services; if such therefor may be computed
on the basis of such employee's regular hourly, daily, weekly or
monthly wages or salary. When the plat has been approved, it
shall be so certified to by the city, village or town clerk or county
auditor, as the cane may be. (505.03)
3.23. Recording; fees; penalties. —Every plat, when duly cer-
tified, signed, and acknowledged, as herein provided, shall be re-
corded in the office of the register of deeds and a duplicate thereof
filed with the county auditor. The register of deeds shall transcribe
such plat, or bind the original into the proper volume and receive
as his fee five cents for each lot designated in the plat in case of
transcribing, and two cents for each lot when the original is bound.
Any person who shall dispose of, lease, or offer to sell any land
included in a plat before the same is recorded, shall forfeit to the
county $25 for each lot, or part of a lot, so disposed of, leased, or
offered; and any official or person whose duty it is to comply with
any of the provisions of this chapter shall forfeit not less than $10
nor more than $100, for each month during which compliance is de-
layed. All forfeitures under this chapter shall be recovered in an
action brought in the name of the county. (505.04)
3.24. County board to control platting of land...Subdivision
(1). The county board of any county shall have power to control
and regulate the platting of subdivision of land and the laving out
of streets and other public ways without the boundaries of munici-
palities. The board shall not approve any plat of land lying in any
town which has appointed a planning and zoning commission unless
and until such zoning commission shall have approved such plat
and the laying of streets and other public ways shown thereon,
which approval shall be endorsed thereon and signed by the chair-
man and secretary of such commission.
Subdivision (2). The county board may adopt regulations
concerning the width of streets and establishment of public park-
ing places with which plats must conform before approval. (505.09)
XVIII.—CONTROL OF PESTS
3.30. Appropriation for control of pests. —When recommended
so to do by the commissioner of agriculture, dairy and food, such
recommendation being based upon the expert opinion of the state
entomologist, the governing body of any county, city, village, bor-
ough, or town of this state is hereby authorized and empowered to
87
TOWN ZONING
appropriate money for the control of insect pests, plant diseases,
bee diseases, or rodents. Such money shall be expended according
to technical and expert opinions and plans as shall be designated
by the state entomologist, and the work shall be carried on under
the direction of 7.he state entomologist. (18.14)
3.31. Levy of tax. —In order to defray the cost of such activi-
ties, the governing body of any such political subdivision may levy
a special ax of not to exceed two mills in any year in excess of
charter or statutory millage limitations, but not in any event more
than 50 cents per capita, and may make such a levy, where neces-
sary, separate from the general levy and at any time of the year.
(18.14)
3.32. Indebtedness certificates. —To provide funds for such
activities in advance of collection of the tax levies under sub-
division 2, the governing body may, at any time after the tax has
been levied and certified to the county auditor for collection, issue
certificates of indebtedness in anticipation of the collection and
payment of such tax. The total amount of such certificates, includ-
ing principal and interest, shall not exceed 90 percent of the
amount of such levy and shall be payable from the proceeds of
such levy and not later than two years from the date of issuance.
They shall be issued on such terms and conditions as the governing
body may determine and shall be sold as provided in Minnesota
Statutes, Section 475.60. If the governing body determines that an
emergency exists, it may make appropriations from the proceeds of
such certificates for authorized purposes without complying with
statutory or charter provisions requiring that expenditures be based
on a prior budget authorization or other budgeting requirement.
(18.14)
3.33. Deposit of proceeds, —The proceeds of any tax levied
under subdivision 2 or of any issue of certificates of indebtedness
under subdivision 3 shall be deposited in the municipal treasury
in a separate fund and expended only for purposes authorized by
this section. If no disbursement is made from the fund for a period
of five years, any moneys remaining therein may be transferred
to the general fund. (18.14)
3.34. Words, terms, and phrases. —Unless the language or con-
text clearly indicates that a different meaning is intended, the fol-
lowing words, terms and phrases shall, for the purpose of the fore-
going sections, be given the meanings subjoined to them.
Insect pest. —The term "insect pest" includes grasshoppers,
cutworms, army worms, European corn borers, Japanese beetles,
forest tent caterpillar, bee diseases, and any other insects which
the state entomologist may designate as dangerous to crops or the
welfare of the people.
Rodents. —The term "rodents" includes such rodents as rats,
gophers, mice, and others which the state entomologist may desig-
nate as dangerous to the welfare of the people.
Diseases. —The term "diseases" refers to such dangerous plant
diseases and bee diseases as the state entomologist may designate
as dangerous to agriculture, horticulture, and forestry. (18.22)
Note: See § 19.21 (Booth) Mosquito Abatement Act.
88
TOWN ZONING
XIX.—TOWN ZONING
3.40. Zoning regulations —Certain towns. —The board of super-
visors of any town in this state located within a county having a
population of more than 450,000 and an assessed valuation, exclu-
sive of money and credits of over $280,000,000, and the board of
supervisors in any town of this state bordering on any city of
the first, second, third, fourth class or located within a county
bordering on any county containing any city of the first, sec-
ond, or third class, is hereby authorized and empowered to
submit to the legal voters of the town for their approval or re-
jecting at any annual town meeting or at any special town meet-
ing called for that purpose, the question as to whether or not
such board shall adopt building and zoning regulations and re-
strictions in the town. The Board of Supervisors in any town of
this state which has within its borders a hospital established in
according with Laws 1955, Chapter 227, is hereby authorized
and empowered to submit to the legal voters of the town for their
approval or rejection at any annual town meeting or at any spe-
cial town meeting called for that purpose, the question as to
whether or not such Board shall adopt building and zoning regula-
tions and restrictions in the town regulating the type of buildings
that may be built or occupations carried on within a radius of one-
half mile to such hospital. (366.10)
3.41. Towns near city of First Class.
See note to §1.16 of this Manual.
See note §1.161 of this Manual.
3.42. Ballots. —There shall be printed on the ballots for the
election the following:
"Shall the board of supervisors adopt building and zoning
regulations and restrictions?
Yes
No
The voters shall place a cross -mark in one of the above
squares to express their choice. The ballot shall be cast and count-
ed during the same hours and in the same manner as ballots for
the election of town officers of the town and, except as herein
expressly provided, such meeting and election shall be subject to
all the laws of this state regulating town meetings and elections
of town officers in the town. (366.11)
3.43. Regulations, buildings, etc. —If 70 per cent or more of
the voters voting on such question vote "Yes," the town board
shall be authorized and empowered to regulate the location, height,
bulk, number of stories, size of buildings and other structures, the
location of roads and schools, the percentage of lot which may be
occupied, the size of yards and other open spaces, the density and
distribution of population, the uses of buildings and structures for
trade, industry, residence, recreation, public activities or other
purposes, and the uses of lands for trade, industry, residence,
recreation, agriculture, forestry, soil conservation, water supply
conservation, or other purposes, and to carry out the provisions
89
TOWN ZONING
of this grant shall issue building permits, and it shall be unlawful
to erect, establish, alter, enlarge, use, occupy, or maintain any
building, structure, improvement, or premises without first having
obtained such permit.
This section is subject to the provisions and limitations of
3.44 of this manual. (366.12)
3.44. Zoning districts. —For any or all of these purposes the
board of supervisors of any such town where a majority of the
legal voters voting thereon have voted "Yes" at such an election,
may divide the portions of the town into districts or zones of such
number, shape, and area as may be deemed best suited to carry out
the purposes of sections 366.10 to 366.18 and within such districts
or zones it may regulate and restrict the location, height, bulk,
number of stories, size of buildings and other structures, the
location of roads and schools, the percentage of lot which may be
occupied, the sizes of yards and other open spaces, the density and
distribution of population, the uses of buildings and structures for
trade, industry, residence, recreation, public activities, or other
purposes, and the uses of land for trade, industry, residence,
recreation, agriculture, forestry, soil conservation, water supply
conservation, or other purposes. All such regulations shall be
uniform for each class and kind of buildings and for the use of
land throughout each district, but the regulations in one district
may differ from those in other districts.
No such board of supervisors may make any regulation pro-
hibiting the erection, establishment, alteration, enlargement, use,
occupancy or maintenance of any landing area or airport as defined
by the act of Congress known as the Civil Aeronautics Act of
1938,1 owned by any municipality, political subdivision, or public
corporation created iu and for any two or more municipalities, the
operation and use of which has been approved by the Department
of Aeronautics2 or by the Civil Aeronautics Board of the United
States,S nor shall any permit under the provisions of sections
366.10 to 366.18 be required for any such erection, establishment,
alteration, enlargement, use, occupancy or maintenance. Any regu-
lations heretofore made by any board of supervisors prohibiting
such erection, establishment, alteration, enlargement, use, occu-
pancy or maintenance of airports are hereby abrogated and an-
nulled. (366.13)
Note: Merely because the Town Board provided in the original
ordinance that the entire township was classified as farm -residential
does not make the ordinance so arbitrary as to render the ordinance
unconstitutional. (Connor vs. Township of Chanhassen (1957)—Minn.
—81 N.W. (2nd) 789.
Note: "A comprehensive plan as used in restrictive enactments
relating to zoning ordinances has been defined as 'a general plan
to control and direct the use and development of property in a muni-
cipality or a large part thereof by dividing it into districts accord-
ing to the present and potential use of the properties'." (Connor vs.
Township of Chanhassen. (1957)—Minn.-81 N.W. (2nd) 789.
3.45. Purpose of regulation—Comphensive planning. —These
regulations shall be made in accordance with the comprehensive
plan, designed and enacted for the purpose of promoting the
health, morals, convenience, order, prosperity, or welfare of the
present and future inhabitants or any such town, including,
among other things, lessening, congestion in streets or roads or
reducing the wastes of excessive amounts of roads; securing safety
90
TOWN ZONING
from fire and other dangers; providing adequate light and air;
preventing, on the one hand, excessive concentration of population
and, on the other hand, excessive and wasteful scattering of popu-
lation or settlement; promoting such distribution of population and
such classification of land uses and distribution of land develop-
ment and utilization as will tend to facilitate and conserve provi-
sions for transportation, water flowage, water supply, drainage,
sanitation, educational opportunities, recreation, soil fertility, food
supplies, and protection of both urban and non -urban development.
(366.14)
3.46. Amendments of districts or zones. —The board of super-
visors of any such town where a majority of the legal voters
voting thereon have voted "Yes" at such election may, from time
to time, amend the number, shape, boundary, or area of any dis-
trict or zone, or any regulation of area within such zone, or any
provision of the zoning resolution. Before finally adopting any such
amendment the board of supervisors shall hold a public hearing
thereon, a_ter giving at least 31) days notice of the time and place
of the hearing, which notice shall be given by at least one publica-
tion in a newspaper of general circulation in the county in which
such town is located; provided, that no such change shall be made
in the boundary line of zones or districts unless at least 50 percent
of the owners of the lands proposed to be changed shall file a peti-
tion for such change. (366.15)
3.47. Enforcement —Injunction —Building permits. —The board
of supervisors of any such town where the majority of legal voters
voting thereon have voted "Yes" at such an election may enforce
these regulations by withholding building permits, and for such
purposes may establish and fill the position of town building com-
missioner and fix the compensation attached to such position. In
case any building or structure is or is proposed to be erected, con-
structed, reconstructed, altered, or used or any land is or is pro-
posed to be used in violation of sections 366.10 to 366.18 or of
any regulation or provision enacted or adopted by the board of
supervisors o: any town under the authority granted by sections
366.10 to 366.18, and such election, such board, the attorney of the
county wherein such town is situated, the town attorney, the town
building commissioner, or any adjacent or neighboring property
owner may institute an in junction, mandamus, abatement, or
any appropriate action to prevent or enjoin, abate, or remove such
unlawful erectionconstruction, reconstruction, alteration, main-
tenance, or use. (366.16)
3,48. Planning and zo ng commission— ppointment.—For
the purpose of carrying out the provisions of sections 366.10 to
366.18, the board of supervisors of any such town where the ma-
jority of legal voters voting thereon have voted "Yes" at such elec-
tion may appoint a planning and zoning commission, all of whom
shall be freeholders; the number of such commissioners to be
determined by the board. The planning and zoning commission
shall act as an adviser to such town board, and the commission
may be empowered to employ a civil engineer or city planner as
may be required for establishing the districts or zones of any part
of such towns. (366.17)
3.49. Continuance of non -conforming use of building —Existing
91
TOWN ZONING
buildings not changed. —The zoning resolution, as adopted by the
board of supervisors of any such town or as subsequently amended,
shall not prohibit the continuance of the use of a building for any
trade or industry for which such building was used at the time the
resolution took effect or the alteration of or addition to any exist-
ing building or structure for the purpose of carrying on any pro-
hibited trade or industry within the zone where such structures are
located. (366.18)
3.50. Penalties —Violations. —Any person who shall knowingly
violate, infract, or disobey any of the provisions or the rules of
zoning regulations adopted by any town board pursuant to Minne-
sota Statutes 1945, Sections 366.10 to 366.18, shall be guilty of a
misdemeanor, and upon conviction thereof punished by imprison-
ment in the county jail or courthouse for not to exceed 90 days,
or by fine of not to exceed $100 and costs. )366.181)
3.51. Towns having powers of villages. —Any town in this
state having therein platted portions on which there reside 1,200
or more people or any towns having platted area within 20 miles
of the city hall of a city of the first class having over 200,000
population shall have and possess the same power and the same
authority now possessed by villages in this state under the laws
of this state in so far as such powers are enumerated in section
412.221, subdivisions 3, 6, 8, 9, 11, 14, 16, 17, 18, 19, 20, 21, 22, 23,
25, 26, 28, 29, and 32, also the powers enumerated in sections
412.111, 412,191, sudbivision 4, 412.231, 412.491, 412.851 and 412.871.
The town board thereof may adopt, amend, or repeal such ordin-
ances, rules, and by-laws for any purposes so enumerated as it
deems expedient. (368.01)
3.52. Village zoning powers. —The village council shall have
power by ordinance to regulate the location, height, bulk, number
of stories, size of buildings and other structures, the location of
roads and schools, the percentage of lot which may be occupied,
the size of yards and other open spaces, the density and distribu-
tion of population, the uses of buildings and structures for trade,
industry, residence, recreation, public activities, or other purposes,
and the uses of land for trade, industry, residence, recreation, agri-
culture, forestry, soil conservation, water supply conservation, or
other purposes. For these purposes it may divide the village into
districts or zones of such numbers, shape and area as may be
deemed best suited to carry out the purposes of this subdivision.
All such regulations shall be uniform for each class and kind of
buildings and for the use of land throughout each district, but the
regulations in one district may differ from those in other districts.
(412.221 Subd. 29)
92
CHAPTER II -PUBLIC INDEBTEDNESS.
I. —GENERAL PROVISIONS
4.00. Definitions.—Subd. 1. For the purposes of this chapter
terms defined in this section shall have the meanings given them.
Subd. 2. "Municipality" means a city of any class, village,
borough, county, town, or school district.
Subd. 3. "Obligation" means any promise to pay a stated
amount of money at a fixed future date, regardless of the source
of funds to be used for its payment.
Subd. 4. "Net debt" means the amount remaining after de-
ducting from its gross debt the aggregate of the principal of the
following:
(1) Obligations issued for improvements which are payable
wholly or partly from the proceeds of special assessments levied
upon property specially benefited thereby, including those which
are general obligations of the municipality issuing them, if the
municipality is entitled to reimbursement in whole or in part from
the proceeds of the special assessments.
(2) Warrants or orders having no definite or fixed maturity.
(3) Obligations payable wholly from the income from rev-
enue -producing conveniences.
(4) Obligations issued to create or maintain a permanent
improvement revolving fund.
(5) Obligations issued for the acquisition, and betterment of
public waterworks systems, and public lighting, heating or power
systems, and of any combination thereof, or for any other public
convenience from which a revenue is or may be derived.
(6) Amount of all money and the face value of all securities
held as a sinking fund for the extinguishment of obligations other
than those deductible under this subdivision.
(7) All other obligations which under the provisions of law
authorizing their issuance are not to be included in computing the
net debt of the municipality.
Subd. 5. "Assessed value" means the latest valuation for
purposes of taxation, as finally equalized, of all property taxable
within the municipality.
Subd. 6. "Sinking fund" means any fund or money held in the
treasury of a municipality appropriated or set aside to pay the
principal and interest, or either of them, or any of its obligations.
Subd. 7. "Acquisition" includes purchase, condemnation, con-
struction, and acquisition of necessary land, easements, buildings,
structures, machinery or equipment.
Subd. 8. "Betterment" includes reconstruction, extension, im-
provement, repair, remodeling, lighting, equiping and furnishing.
Subd. 9. "Governing body" means the board, council, commis-
sion, or other body of the municipality charged with the general
control of its financial affairs provided, that where the charter or
93
PUBLIC INDEBTEDNESS
law under which a municipality is organized confers bond issuing
power on a particular board or body, such board or body is the
governing body under the provisions of this act. (475.51)
4.01. Purposes for which bonds may be issued. — Any
city not governed by a home rule charter, any village, or any bor-
ough may issue bonds or other obligations for the acquisition or
betterment of public buildings, means of garbage disposal, hos-
pitals, schools, libraries, museums, art galleries, parks, playgrounds,
stadia, sewers, sewage disposal plants, subways, streets, side-
walks; for any utility or other public convenience from which a
revenue is or may be derived; for a permanent improvement re-
volving fund; for changing, controlling or bridging streams and
other waterways; for the acquisition and betterment of bridges
and roads within two miles of the corporate limits; and for ac-
quisition of equipment for snow removal, street construction and
maintenance, or fire fighting. Without limitation by the forego-
ing any such city, village, or borough may issue bonds to provide
money for any authorized corporate purpose except current ex-
penses.
Any municipality may issue bonds for paying judgments against
it; for refunding outstanding bonds; or for funding floating indebtd-
ness. (475.52)
4.02. Net debt limits.—Subd. 1. Except as otherwise provided
in this chapter, no municipality, except a school district or a city
of the first class, shall incur or be subject to a net debt in excess
of 20 per cent of the assessed value.
Subd. 2. Any municipality, except school districts, receiving
special state aid under the provisions of sections 276.15 to 276.18
may incur, by vote of a majority of the electors, an indebtedness
not to exceed 40 per cent of the assessed value.
Subd. 3. Applies to cities of the first class.
Subd. 4. School districts. Except as otherwise provided in
sections 475.51 to 475.75, no school district other than those cov-
ered by subdivisions 5, shall be subject to a net debt in excess
of 50 per cent of the last assessed value of all taxable property
therein; provided however, in determining the assessed value
of all taxable property all real estate used as a homestead shall
be computed without regard to the reduction in rate provided by
Minnesota Statutes 1953, Section 273.13 .(475.53)
Subd. 5. Pertains to school district in cities of first class
4.03 Net indebtedness, certain school districts containing
property exempt from local taxation because taxes thereon are
paid into the state treasury under the gross earnings tax laws.
Any school district in which at least 25 percent in value of the
taxable properties 's exempt from local taxation, because taxes
thereon are paid into the state treasury under provisions of the
gross earnings tax laws, shall have authority to incur and be sub-
ject to a net indebtedness aggregating not more than 50 percent
of the latest valuation for purposes of taxation, as +finally equaliz-
ed, of all property taxable within and by su^h district and 30 per-
cent of the railroad property described in Minnesota Statutes 1953,
Section 128.22. (475.533)
94
PUBLIC INDEBTEDNESS
Serial payments; redemption prior to maturity. All obliga-
tions authorized under this chapter shall mature serially in annual
or semiannual installments. The first installment shall mature not
later than three years from the date of the obligations and the
last installment shall mature not more than 30 years from such
date. No amount of principal of any obligations payable in any
calendar year shall exceed five times the amount of the smallest
amount payable in any preceding calendar year ending three years
or more after date of issue. Any obligation may be issued reserv-
ing the right of redemption and payment thereof prior to maturity,
at par and accrued interest or at such premium and at such time
or times and upon such notice as shall be determined by the
governing body. When any such obligation has been validly called
for redemption and the principal thereof and all interest thereon
to the date of redemption have been paid or deposited with the
paying agent, interest thereon shall cease. (475.54)
4.04. Form of execution and contents. —All obligations of a
municipality shall be signed by its officers authorized by resolution
of its governing body. All obligations shall express the amount and
the terms of payment. Interest thereon shall not exceed the rate
of six per cent per annum, payable half -yearly. The validity of
every obligation so executed shall remain unimpaired by the fact
that one or more of such officers shall have ceased to be in office
before delivery to the purchaser. All such signatures, except that
of one official who shall by resolution of the governing body be
designated to sign bonds manually, may be printed, lithographed
or engraved. The seal on a bond may be printed, lithographed or
engraved, as determined by resolution of the governing body.
Such resolution may provide that one of the officers shall sign
each bond manually and that the other signatures may be printed,
lithographed or engraved thereon. Where the municipality has a
seal such seal may be impressed on each bond or a facsimile thereof
may be printed, lithographed or engraved on each bond as de-
termined by the resloution of the governing body. (475.55)
4.05. Interest rates and initiation resolution. —Any municipality
issuing obligations under any law may issue obligations bearing
interest at a single rate or at rates varying from year to year in
integral multiples of 1/4 or 1/10 of 1% which may be lower or
higher in later years than in earlier years, as specified in the ob-
ligations but the highest rate contracted to be so paid shall not
exceed the maximum rate authorized by the law. This section does
not authorize a provision in any such obligations for the payment
of a higher rate of interest after maturity than before.
Proceedings for issuing bonds under this chapter shall be
initiated by a resolution of the governing body of the municipality
stating the amount proposed to be borrowed and the purpose for
which the debt is to be incurred. Such resolution may provide for
the submission of the question to vote of the electors. A town board
may adopt such resolution without a statement for special town
meeting being filed with the clerk. (475.56-475.57)
4.06 Obligations, elections to determine issue.—Subd. 1 Ap-
proval by majority of electors; exceptions. Obligations authorized
by law or charter may be issued by any municipality upon obtain-
ing the approval of a majority of the electors voting on the ques-
95
PUBLIC INDEBTEDNESS
tions of issuing the obligations, but an election shall not be re-
quired
to authorize obligations issued:
(1) to pay any unpaid judgment against the municipality;
(2) for refunding obligations;
(3) for an improvement, which obligation is payable wholly
or partly from proceeds of special assessments levied upon prop-
erty specially benefited by the improvement, it.cluding obligations
which are the general obligations of the municipality, if the
municipality is entitled to reimbursement in whole or in part from
the proceeds of special assessments levied upon such property;
(4) payable wholly from the income of revenue -producing
conveniences;
(5) under the provisions of a home rule charter which per-
mits the issuance of obligations of the municipality without elec-
tion; and
(6) under the provisions of a law which permits the issuance
of obligations of a municipality without an election. (475.58)
Subd. 2. Fund%ng and Refunding. Any village, town or school
district whose outstanding gross debt exceeds twenty percent of
its assessed value may issue bonds under this subdivision for the
purpose oi funding or refunding such indebtedness or any part
thereof. A list oi the items of indebtedness to be funded or re-
funded shall be made by the recording officer and treasurer and
filed in the office of the recording officer. The initial resolution
of the governing body shall refer to this subdivision as authority
for the issue, state the amount of bonds to be issued and refer
to the list of indebtedness to be funded or refunded. This resolu-
tion shall be published once each week for two successive weeks
in a legal newspaper published in the municipality or if there be
no such newspaper, in a legal newspaper published in the county
seat. Such bonds may be issued without the submission of the
question of their issue to the electors unless within ten days after
the second publication of the resolution a petition requesting such
election signed by ten or more voters who are taxpayers of the
municipality, shall be filed with the recording officer. In event
such petition is filed, no bonds shall be issued hereunder unless
authorized by a majority of the electors voting on the question.
(475.58)
4.07. Svbmission to electorate, notice. —When the governing
body of a municipality resolves to issue bonds for any purpose
requiring the approval of the electors, it shall provide for submis-
sion of the proposition of their issuance at a general or special
election or town or school district meeting. Notice of such election
or meeting shall be given in the manner required by law and shall
state the maximum amount and the purpose of the proposed issue.
(475.59)
4.08. Bond sale procedure. —Section 10. Subd. 1. All obliga-
tions shall be negotiated and sold by the governing body, except
when authority therefor is delegated by the governing body or
by the charter of the municipality to a board, department, or of-
ficers of the municipality. Obligations shall be sold at not less
96
PUBLIC INDEBTEDNESS
than par value plus accrued interest to date of delivery. Except
as provided in subdivision 2 all obligations shall be sold at public
sale after notice given at least ten days in advance by publica-
tion in a legal newspaper having general circulation in the mu-
nicipality and ten days in advance by publication in a daily or
weekly periodical, published in a Minnesota city of the first
class, which circulates throughout the state and furnishes finan-
cial news as a part of its service.
Subd. 2. The requirements as to public sale shall not apply to:
(1) Obligations issued under the provisions of a home rule
charter or of a law specifically authorizing a different method of
sale;
(2) Obligations payable wholly or partly from the proceeds of
special assessments;
(3) Obligations payable wholly from the income of revenue -
producing conveniences when such obligations do not exceed the
total sum of $50,000; and
(4) Obligations sold to any board, department, or agency of
the United States of America or of the State of Minnesota, in ac-
cordance with rules or regulations promulgated by such board,
department or agency.
Subd. 3. Published notice, where required, shall specify the
principal amount and purpose of the obligations, the time and place
of receipt and consideration of bids and such other details as to
the obligations and terms of sale which the governing body deems
suitable. Additional notice may be given for such time and in such
manner as the governing body deems suitable. At the time and
place so fixed, the bids shall be opened and the offer complying
with the terms of sale and deemed most favorable shall be ac-
cepted, but the governing body may reject any and all such offers
and award the bonds to a lower bidder or upon like notice it may
invite other bids.
Subd. 4. In lieu of calling for bids, obligations may be sold on
public subscription, after notice given in the manner required
for public sale. Such notice of call for public subscription shall
specify the interest rate and all terms of sale, including the date
and place of delivery of the obligations.
Subd. 5. No contract for the sale and delivery of obligations
shall be enforceable unless made in accordance with this section.
Subd. 6. Any officer of any municipality who shall enter into
or approve any contract or agreement for the sale of obligations
contrary to the provisions hereof or which lessens, restricts or
tends to prevent competitive bidding shall be guilty of a misde-
meanor. (475.60)
4.09. Tax levies —bond financing exceptions.—Subd. 1. The
governing body of any municipality issuing general obligations
shall, prior to delivery of the obligations, levy by resolution a
direct general ad valorem tax upon all taxable property in the
municipality to be spread upon the tax rolls for each year of the
term of the obligations. The tax levies for all years shall be
specified and such that if collected in full they, together with esti-
mated collection of special assessments and other revenues pledged
97
r
PUBLIC INDEBTEDNESS
for the payment of said obligations, will produce at least 5 percent
in excess of the amounts needed to meet when due the principal
and interest payments on the obligations. Such resolution shall
irrevocably appropriate the taxes so levied and any special assess-
ments or other revenues so pledged to the municipality's sinking
fund or a special sinking fund or account. (475.61)
Subd. 2. The recording officer of the municipality shall file in
the office of the county auditor of each county in which any part
of the municipality is located a certified copy of the resolution,
together with full information regarding the obligations for which
the tax is levied. No further action by the municipality is required
to authorize the extension, assessment and collection of the tax,
but the municipality's liability on the obligations is not limited
thereto and its governing body shall levy and cause to be extended,
assessed and collected any additional taxes found necessary for
full payment of the principal and interest. The county auditor
shall forthwith certify to the municipality that he has entered
the obligations in the register required by this chapter and that
the tax levy required by this chapter has been made. The auditor
shall annually assess and extend upon the tax rolls the amount
specified for such year in the resolution, unless the amount has
been reduced as authorized below or, if the municipality is located
in more than one county, the portion thereof which bears the same
ratio to the whole amount as the assessed value of taxable prop-
erty in that part of the municipality located in his county bears
to the assessed value of all taxable property in the municipality.
Subd. 3. Tax levies so made and filed shall be irrevocable,
except that if the governing body in any year makes an irrevocable
appropriation to the sinking fund of moneys actually on hand or if
there is on hand any excess amount in the sinking fund, the re-
cording officer may certify to the county auditor the fact and
amount thereof and the auditor shall reduce by the amount so
certified the amount otherwise to be included in the rolls next
thereafter prepared.
Subd. 4. All such taxes shall be collected and remitted to the
municipality by the county treasurer as other taxes are collected
and remitted, and shall be used only for payment of the obliga-
tions on account of which levied or to repay advances from other
funds used for such payments, except that any surplus remaining
in the sinking fund when the obligations and interest thereon are
paid may be appropriated to any other general purpose by the
municipality. (475.61)
4.10. Bond registration and certificate thereof. —Each county
auditor shall keep a register in which shall be entered, as to each
issue of such obligations by any municipality located, in whole
or in part, in the county, a record of the aggregate amount auth-
orized, the aggregate amount issued, the purpose for which issued,
the number, denomination, date, and maturity of each, the rate of
interest, the time of payment, the place of payment of principal
and interest, and the amount of tax levied for the payment thereof.
Before any obligations for which a tax levy is required shall be
delivered to the purchaser, the governing body of the municipality
issuing them shall obtain from the county auditor a certificate to
the effect that the issue has been entered on his register and that
a tax has been levied by the municipality. (475.62-475.63)
98
PUBLIC INDEBTEDNESS
4.11. Auditor's levy; exceptions. —In the event no method of
levying a tax for the payment of the indebtedness of any munici-
pality and the interest thereon is provided or the municipal auth-
orities fail to cause such levy to be made, the county auditor shall
add to the other taxes charged upon the property taxable in the
municipality an amount sufficient to meet such obligations when
due, which additional levy shall be extended and collected with
the other taxes of the year. (475.64)
4.12. Bond delivery and dispositions of proceeds. —Upon pay-
ment to the treasurer of the purchase price by the successful
bidder, the obligations shall be delivered, and the treasurer shall
hold the proceeds thereof as a separate fund for the use named
in the resolution authorizing such obligations. The purchaser
shall not be obligated to see to the application of the purchase
price. If the contemplated improvement be afterward abandoned,
such fund may be devoted to any other public improvement auth-
orized by law, and approved by vote taken in the manner required
to authorize bonds for such new purpose. Any balance remaining
after the improvement has been completed and paid for shall be-
come a part of the sinking fund of the municipality. (475.65)
4.13. Sinking fund; surpluses. —There shall always be retained
in any sinking fund sufficient cash to provide for the annual
payments of principal and interest on the obligations for which
the fund was created. Subject to the provisions of any resolutions
of the governing body relating to the maintenance of reserves of
cash or investments for the security of holders of such obliga-
tions, any surplus in any sinking fund above such amount may be
invested under the direction of the governing body in any general
obligation of the United States, the State of Minnesota or any
of its municipalities, and may be used to purchase any obligation,
whether general or special, of the issue for which the fund is cre-
ated, at such price, which may include a premium, as shall be
agreed to by the holder, or may be used to redeem any obliga-
tion of said issue prior to maturity in accordance with its terms.
The obligations representing any such investment may be sold or
hypothecated by the governing body at any time, but the money
so received remains a part of such fund until used for the purpose
for which the fund was created. Any obligation held in the sinking
fund from which 't is payable may be cancelled at any time when
moneys in such fund are sufficient to pay all other obligations
payable therefrom with interest to maturity or to their earliest
redemption dates. (475.66)
4.14. Refunding bonds—validity.—Subd. 1. No purchaser or
owner of bonds ar other obligations issued by a municipality for
the purpose of refunding its outstanding obligations or floating in-
debtedness need inquire into the validity of the debts refunded by
such bonds or other obligations. The determination by resolution
of the governing body to issue the bonds or other obligations of the
municipality for such purpose, as to such purchaser or owner,
shall be conclusive evidence of the validity of the debts thereby
refunded.
Subd. 2. As between the municipality and the owner or holder
of any bond, warrant, or order so refunded, nothing in this section
99
PUBLIC INDEBTEDNESS
validates any invalid bond, warrant, or order. (475.67)
4.15. Joint liability, villages and towns. —In the event a town
and a village are jointly liable for the payment of any bonded
indebtedness, or in the event all the property within any town
or village is liable to be taxed for the payment of any such in-
debtedness, any such town or village, at the time bonds mature,
may pay that proportion of such indebtedness that the amount of
the last assessment of property situate in the town or the village
bears to the assessed valuation of both the town and the village.
If either the town or the village deems such assessment to be
inequitable, its governing body may demand, in writing, that the
commissioner of taxation appoint a disinterested assessor, not a
resident of either the town or the village, to make a reassessment
of all the property situate in the town and the village. Thereupon
the commissioner shall appoint such assessor. The reassessment
so made governs in the division of such indebtedness. Any such
town or village may issue bonds for the payment of the amount
thereof for which it is liable. (475.68)
4.16. Duplicate bonds. —When any obligation of a municipality
becomes unfit for circulation, it may be surrendered and cancelled.
Upon the authorization of the governing body, a duplicate of the
obligation except as to signatures and a duplicate of any unpaid
coupons may be issued to the owners. These duplicates shall be
marked "DUPLICATE" and the date of issue shown thereon.
Such making shall be signed by the treasurer then in office. (475.69)
4.17. Lost or destroyed bonds. —If the owner of any obligation
which is destroyed or lost, first gives a satisfactory surety bond
to the municipality, in a sum double the amount of such obligation,
conditioned to save it harmless in the premises, the governing
body thereof may authorize the issuance of another to the owner
in its place, corresponding with the missing obligation as to num-
ber, date, amount, and unpaid coupons. Such obligation shall be
signed by the proper officials who are then in office, and shall be
marked and dated as provided in section 475.19. The treasurer
shall keep a record of all reissues and duplicates showing the date
of issue and the persons to whom issued. (475.70)
4.18. Registration of bonds; provisions. —If the purchaser or
holder of negotiable bonds issued by a city shall so request, the
governing body, by a resolution prescribing the method and terms
of exchange, may authorize the proper officers to issue registered
bonds in lieu thereof, in such denominations as may be desired.
The governing body of any municipal corporation may, by a reso-
lution prescribing the method and terms of registration, authorize
the proper officer of such municipal corporation designated in
such resolution to register as to the payment of principal only any
negotiable bonds issued by such municipal corporation, such reg-
istration to be by endorsement on such bonds of a certificate of
registration, which shall recite that the principal thereof will be
payable only to such person as by such registration appears to
be the owner thereof or his legal representatives, and such reso-
lution shall provide for the keeping of a permanent record of
bonds so registered. (475.71)
100
PUBLIC INDEBTEDNESS
4.19. Pekalty.—Any officer of any municipality who know-
ingly fails to c mply with any provision 475.52 to 475.73 is guilty
of a misdemeanor. (475.72)
4.20. State board of investment may purchase. —Obligations
sold under the provisions of Section 10 hereof may be purchased
by the State Board of Investment, upon the approval of the Attor-
ney General as to form and execution of the application therefor,
and under such rules and regulations as the Board may specify,
and the State Board of Investment shall have authority to pur-
chase the same to an amount not exceeding 15 per cent of the
assessed valuation of the taxable property of such municipality,
according to the last preceding assessment. Such obligations shall
not run for a shorter period than one year, nor for a longer period
than 30 years and shall bear interest at a rate to be fixed by the
State Board of Investment, but not less than two per cent per
annum. Forthwith upon the delivery to the State of Minnesota
of any obligations issued by virtue thereof, the State Auditor shall
certify to the respective auditors of the various counties wherein
are situated the municipalities issuing the same, the number, de-
nomination, amount, rate of interest and date of maturity of
each such obligation.
Subd. 2. The annual tax levy for the payment of principal
and interest on account of such obligations shall be for an amount
50 per cent in excess of the sum to be paid therefrom. The state
auditor, at the time of certifying the state tax, shall also certify
to each county auditor the amount necessary to pay such princi-
pal and interest. When collected so much of such tax as may be
necessary shall be paid into the state treasury. The excess re-
maining shall be held over in the county treasury to be applied
on the next future payment due on such obligations, and the
amount of such excess shall be reported by the county auditor to
the state auditor on or before August first each year, who shall
deduct the same from his next annual tax levy for such purpose.
The remainder, when such bonds are paid in full, shall be cred-
ited to the general fund of the municipality; and, in case a portion
of the territory embraced in such municipality at the time such
obligations were issued, has since been set off to another mu-
nicipality, such remainder shall be divided with such other mu-
nicipality, using as a basis for such division the last assessed
valuation of the territory affected by such obligations. Any such
municipality which shall make payment to the state of the full
amount of principal and interest due on account of such obligations
prior to the extending of such tax therefor by the state auditor
shall be exempt from the provisions of this section. 475.73)
4.21. Provisions applicable to cities and school districts. —The
provisions of any law Limiting taxes on a per capita basis or
otherwise shall not limit the power of any city of the first or
second class, or any independent school district in any city of the
first class. (475.74)
4.22. Effective date. —Except as provided in 475.51 to 475.75
this act shall be iz full force and effect on and after July 1, 1949.
Notwithstanding any amendment or repeal of existing laws by this
act, any municipality which has theretofore commenced any pro-
ceedings for the authorization or issuance of bonds or other obli-
101
PUBLIC INDEBTEDNESS
gation may complete such proceedings either under such laws as
in force prior to July 1, 1949, or under such'laws as hereby
amended, as determined by its governing body.
The provisions of 475.74 shall apply to bona or other obliga-
tions issued pursuant to proceedings heretofore commenced.
(475.75)
4.23. Report to county auditor. —On or before February 1 of
each year it shall be the duty of the clerk or recorder of each city
or village, and the clerk of each township or school district to re-
port to the county auditor of each county in which such munici-
pality or school district is situate, the total amount of outstand-
ing bonds, and the purpose for which issued, and the amount of
outstanding warrants as of December 31 of the preceding year.
Such report shall be kept by the county auditor of each county in
a suitable record. On March 1 of each year it shall be the duty
of the county auditor of each county to make report to the public
examiner of such indebtedness as reported to him by the officers
of said municipalities, together with the amount and character of
all outstanding bonds issued by the county of which he is the
county auditor. (471.70)
4.24. Funded debt limitation. —No school district, county, town,
or village shall contract any debt or issue any warrant or order in
any calendar year in anticipation of the collection of taxes levied
or to be levied for that year in excess of the average amount
actually received in tax collections on the levy for the three pre
vious calendar years plus ten per cent thereof, and an average
of other income excluding gifts received by the school district for
the past three years. This section shall not apply to any school
district, county, town, or village, wherein the mineral valuation,
as assessed, exceeds 25 per cent of the assessed valuation of real
property in such taxing district. This section shall not apply to
any school district in a city of the first class which constitutes one
single school district.
As soon as practicable after the beginning of each calendar
year, the clerk or other recording officer of any municipality de-
scribed in this section shall present to the governing body of his
municipality a statement of tax collections and other income ex-
cluding gifts credited to each fund of his municipality during each
of the three previous fiscal years and the yearly average thereof.
The auditor of the county shall be required to furnish information
as appears in the records in his office to the clerk upon request.
(471.69)
4.25. Bonds for sewerage disposal plant. —The governing body
of any village or any city of the second, third or fourth class, how-
ever organized is hereby authorized and empowered, for the pur-
pose of acquiring the necessary site either within or outside of the
municipality and of constructing, enlarging, improving or repairing
a sewage disposal plant, garbage crematory or garbage disposal
plant thereon, to issue the negotiable bonds of the village or city
to the amount authorized by the village or city council.
These bonds shall be issued, negotiated, and sold in accord-
ance with the particular method prescribed by the laws governing
villages or by the charter of the city so issuing such bonds, pro-
vided that all proceedings shall be done pursuant to the provisions
102
PUBLIC INDEBTEDNESS
of Minnesota Statutes 1945, Chapter 475.
The bonds may be issued and sold notwithstanding any limi-
tations contained in the charter of the city or in any law of the
state prescribing or fixing any limit upon the bonded indebtedness.
Nothing contained herein shall be construed to repeal or
modify the provisions of any home rule charter requiring the
question of the issuance of bonds to be submitted to vote of the
electors. The powers herein granted are in addition to all existing
powers of such villages or cities. (443.02)
103
CHAPTER II1.
ELECTIONS.
I. —ELECTION LAWS —GENERAL
6.00. Which persons are entitled to vote. —Every male (a) per-
son of the age of twenty-one years or upwards, belonging to either
of the following classes, who has resided in this state six months
next preceding any election, shall be entitled to vote at such elec-
tion in the election district of which he shall at the time have been
for thirty days a resident, for all officers that now are, or here-
after may be, elective by the people:
First —Citizens of the United States who have been such for
the period of three months next preceding any election.
Second —Persons of mixed white and Indian blood, who have
adopted the customs and habits of civilization.
Third —Persons of Indian blood residing in this state, who have
adopted the language, customs and habits of civilization, after an
examination before any district court of the state, in such manner
as may be provided by law, and shall have been pronounced by
said court capable of enjoying the rights of citizenship within the
state —Minnesota Constitution, Art. VII., Sec. 1.
Note (a). The nineteenth amendment to the constitution of the
United States provides:
"The right of citizens of the United States to vote shall not be
denied or abridged by the United States or by any state on account
of sex."
6.01. Eleven Chapters, 200 to 211 MSA pertain to elections.
They have to do with the following: Chapter
I. Definitions and General Provisions 200
II. Registration of Voters (Town over 10,000) 201
III. Nominations and the Primary Election 202
IV. General and Special Elections 203
V. Conduct of Elections (Affects towns and villages) 204
VI. Municipal Elections (Affects towns and villages) 205
VII. Voting Machines 206
VIII. Absent and Disabled Voters (Affects towns and villages 207
IX. Presidential Electors (Affects towns and villages) 208
X. Election Contests (Affects towns and villages) 209
XI. Penal Provisions (Affects towns and villages 210
XII. Corrupt Practices (Affects towns and villages) 211
Application of Chapters 200 to 211.—The provisions of chapters
200 to 211 now apply to elections of town officers.
6.012. Definitions. —Subdivision 1. The word "election" means
any election except those held in any school district unless other-
wise specifically provided by law, at which the electors of the state
or any subdivision thereof nominate or choose by ballot public
officials or decide any public question lawfully submitted to them.
Subd. 2. The words "general election" mean the election pro-
vided to be held in the state on the first Tuesday after the first
104
DEFINITIONS —GENERAL PROVISIONS
Monday of November in every even -numbered year.
Subd. 3. The words "primary" or "primary election" mean
an election held for the purpose of deciding by ballot who shall
be the nominees for offices to be filled at an election.
Subd. 4. The words "municipal election" mean an election
held in any municipality at which the electors of the municipality
choose by ballot public officials for the municipality or decide any
public question relating to the municipality lawfully submitted
to them.
Subd. 5. The words "special election" mean an election held
for a special purpose.
Subd. 6. The words "special primary" or "special primary
election" mean a primary election held to select the nominees for
the offices to be filled at a special election.
Subd. 7. The words "political party" mean an organization
which shall have maintained in the state, governmental subdivi-
sion thereof or precinct therein in question, a party organization
and presented candidates for election at the last preceding gen-
eral election one or more of which candidates shall have been
voted for in each county within the state at such election and
shall have received in the state not less than five percent of the
total vote cast for all candidates at such election or whose mem-
bers to a number equal to at least five percent of the total number
of votes cast at the preceding general election in the county where
the application is made shall present to the county auditor a peti-
tion for a place on the primary election ballot.
Subd. 8. The word "city" means an incorporated city within
this state.
Subd. 9. The word "village" means an incorporated village
or borough within this state.
Subd. 10. The word "municipality" means any city, village,
borough, or town.
Subd. 11. The word "council" means the governing body of
a municipality.
Subd. 12. The word "judge" means any judge of election.
Subd. 13. The words "peace officer" means any sheriff, con-
stable, policeman, or any citizen appointed and empowered to
perform any of their duties.
Subd. 14. The word "precinct" means an election district.
Subd. 15. The word "voter" means an elector qualified to vote
at an election.
Subd. 16. The words "polls" or "polling place" mean the place
of voting.
Subd. 17. The word "convention" means an organized body
of delegates representing a political party assembled for the pur-
pose of transacting such business as lawfully comes before it.
Subd. 18. The word "contestant" means the person who begins
any proceeding to contest the result of an election.
Subd. 19. The word "contestee" means the person who is
adverse to the contestant.
Subd. 20. The word "senator" means a member of the senate
of this state.
105
DEFINITIONS —GENERAL PROVISIONS
Subd. 21. The word "representative" means a member of the
house of representatives of this state.
Subd. 22. The word "commissioner" means any person acting
as a commissioner of registration pursuant to the provisions of
article II.
Subd. 23. The words "election board" mean the judges of
election of an election precinct.
Subd. 24. The term of office of every state and county officer
shall begin on the first Monday in January next succeeding his
election, unless otherwise provided by law.
Subd. 25. Every person who has been a citizen of the United
States for a period of three months next preceding any election,
of the age of 21 or over, who has resided in this state six months
next preceding the election, and in the election precinct 30 days
next preceding the election, shall be entitled to vote at the elec-
tion in such precinct, except the following:
(a) Any person who has been convicted of treason or any
felony, unless restored to civil rights;
(b) Any person who is under guardianship over his person;
(c) Any person who may be non compos mends or insane;
(d) Any person who is not properly registered where registra-
tion is required. (200.02)
Source: Minn.St.1957, §§ 200.02-200.31.
Comment: No substantive change except as noted in the following
paragraphs.
Subdivision 3 embodies the substance of 200.04. The language
in that section that reads in part. '. . . or for the election by
ballot of delegates to political conventions (.)" has been omitted
since a party caucaus is not a "primary" in the sense the word is
used in the Minnesota Election Law.
Subdivision 10 changes the definition so as to include towns. The
definition of "municipal corporation" is omitted.
Subdivision 12 embodies the provision of 200.18 except that the
word clerk" is omitted. The commission found that there is pres-
ently no distinction between the function of judges and clerks of
election, nor is there any reason for having such a distinction.
The word "precinct" is more properly used to describe a geo-
graphical area defined for election purposes. Where "district" is used
the word creates confusion because there are several kinds of dis-
tricts besides an election district.
The language in 200.24 reading in part. assembled for
the purpose of nominating candidates for office . . ante-
date the primary election law. Since political parties endorse can-
didates, rather than nominate them for public office, the definition
"convention" has been changed.
Minn.St.1957 §§ 200.32 and 200.33 are "equal suffrage laws pro-
viding for the right of women to vote and that where "male persons"
is used in the election laws, the term is extended to include females.
Both sections are unnecessary, as the word "male" was automatically
stricken from the state's constitutional provision by the adoption
of the nineteenth amendment to the federal constitution.
The commission decided that there is a need for an up-to-date
statement of the requirements of voting, and it is intended to make it
clear that no one who fails to meet the qualifications of subdivision
25 may either vote, sign a nominating petition, contest an election,
or exercise any other right or privilege that may be provided by the
Minnesota Election Law.
106
ARTICLE II
REGISTRATION OF VOTERS
Note: MSA citations are for reference only. The substance of
these laws will be added whenever voter registration in town and
villages warrants.
MSA
201.01 Definitions.
201.02 Registration, where required.
201.03 Commissioner of registration, office created.
201.04 Commissioner, compensation.
201.05 Commissioner, duties, hours.
201.06 Registration system.
Subd.
1. Establishment, files.
2. Duplicate registration file, inspection.
3. Registration system, council to provide facilities.
201.07 Records.
Subd.
1. Registration cards.
2.Prior registration, cancellation.
201.08 Present registration lists, saved.
201.09 Duplicate registration file, form, delivery.
201.10 Change of address, notification.
201.11 Precinct boundaries changed, change of files.
201.12 Proper registration, verification by mail, challenges.
201.13 Local registrar of vital statistics, report deaths to commis-
sioner.
201.14 Clerk of District Court, report changes of name.
201.15 Probate Judge, report guardianships and commitments.
201.16 Registration closed, time before election.
201.17 Failure to vote, registration removed.
201.18 Armed forces members, registration saved.
201.19 Persons entitled to be registered.
201.20 Application; absent voters.
Su bd.
1. Application, oath.
2. Absent voters, application, affidavit.
3. Absent voters, application form, cards.
201.21 Registration administration, expenses.
201.22 Electrical -mechanical registration system.
201.23 Registration, challenge.
201.24 Registration personnel, oath.
201.25 Registration personnel, acts prohibited.
201.26 Residence, determination.
201.27 Violations, penalties.
6:01. Registration, where required. -All municipalities hav-
ing a population of 10,000 or more, and any other municipality
when the governing body of such municipality shall by ordinance
or resolution elect to come within the provisions of this article,
shall maintain a permanent system for the registration of voters,
and the judges of election in any election precinct located in any
such municipality may not receive the vote at any election of any
person whose name is not registered in accordance with the pro-
visions of this article. (201.02)
Source: Minn.St.1957, § 201.01.
Comment: No substantive change. Registration is required in all
107
NOMINATIONS -PRIMARY ELECTION
municipalities over 10.000, and any other municipality has the op-
tion of having the system.
ARTICLE III
NOMINATIONS AND THE PRIMARY ELECTION
Note: These sections do not pertain to village and town elections;
they are set forth for reference only.
MSA
202.01 Definitions.
202.02 Primary election, date, application.
202.03 Non -partisan nomination.
Subd.
1. Offices, ballot.
2. Non -partisan primary ballot.
3. Candidate to be nominated, number.
4. Nominating petitions.
202.04 Affidavit of candidacy.
Subd.
1. Filing, date.
2. United States senator, candidates, designation of
term.
3. Associate or district judge, candidates, designation
of term.
202.05 Candidates, filing fees.
Subd.
1. Amount.
2. Filing fees, not returned.
202.06 Candidates, withdrawal.
Subd.
1. Affidavit.
2. Filing or withdrawal, time limit.
202.07 Primary election ballot.
Subd.
1. Placing of name on ballot.
2. Partisan primary ballot, one candidate.
3. Secretary of state, candidates names certified by.
4. Filing fees, disposition.
202.08 Ballots.
Subd.
1. Partisan and non -partisan candidates.
2. Candidates, non -partisan offices, who nominated.
3. Candidates, partisan offices, who nominated.
4. Party primary, ten percent requirement.
5. General election, nominees.
202.09 Nominating petitions.
Subd.
1. Number of signers.
2. Non -partisan office, vacancy.
3. Candidates ineligible.
202.10 Nominating petition, form.
202.11 Nominating petition, more than one candidate.
Subd.
1. Number of candidates.
2. Time of signing.
108
l
NOMINATIONS -PRIMARY ELECTION
3. Eligible signers.
4. Signers, more than one nominee.
202.12 Nominating petition, signer's address, oath.
Subd.
1. Address, oath.
2. Oath, exception.
202.13 Nominating petitions, filed with secretary of state, time.
Subd.
1. Time of filing, fee.
2. Filing with auditor.
3. Time.
202.14 Vacancy in nomination.
Subd.
1. Death or withdrawal.
2. Partisan office.
3. Next highest candidate.
4. Nominating petitions.
202.15 Vacancy in nomination, changing ballots.
202.16 Candidates nominated by petition, designation.
202.17 Primary election contest.
202.18 Woman candidate, names used.
202.19 Candidates, withdrawal.
POLITICAL PARTIES
MSA
202.20 State Convention, authority of.
Subd.
1. Time of convention.
2. State central committee.
3. State executive committee.
5. Constitution, filing.
202.21 Committees, conventions.
202.22 Precinct caucus.
Subd.
1. Time and manner of holding.
2. Caucus call.
3. Notice.
202.23 Time and place of caucus.
202.24 Caucus, who may participate and vote.
202.25 Caucus, business.
202.26 Caucus, chairman, nominations.
202.27 Caucus, conduct.
6.02. Primary election, date, application. -On the second
Tuesday in September preceding any general election an election
of nominees hereinafter designated as the "primary election" shall
be held in each election precinct for the selection of party and
other candidates for all elective offices to be filled at the general
election except presidential electors. (202.02)
Source: Minn.St.1957, § 202.01.
Comment: This section embodies the substance of that part of
202.01 which deals with offices filled at the general election. The re-
maining part of 202.01, dealing with certain municipal primary elec-
tions, has been placed in the article on municipal elections. See page
137 etc., of this Manual.
109
GENERAL AND SPECIAL ELECTIONS
ARTICLE IV
6.03...0fficers chosen. —All elective, state and county officers,
judges of the supreme and district courts, members of the legisla-
ture, and senators and representatives in congress shall be elected
at the general election next before the respective terms thereof
shall expire, and at the general election held in the year preceding
the expiration of a term of a president of the United States presi-
dential electors shall also be chosen. (203.03)
6.031... Notice of election, time. —Between July 1 and August 1
in each election year the secretary of state shall cause a notice
to be delivered to the auditor of each county, specifying all the
officers whose certificates of nomination are issued by the secre-
tary to be voted for throughout the county at the next general
election; and each auditor, within ten days after receipt thereof,
shall cause a notice to be delivered to each town, city, and village
clerk in his county of all officers to be voted for in the county at
the election. (203.04)
Source: Minn.St.1957, § 205.18.
Comment: This section embodies the substance of 205.18. The no-
tice to the auditors by the secretary of state is required to be given
by August 1 instead of by September 1.
6.032. Notice of election, posting. —At least 15 days before the
time of holding any general or primary election a notice stating
the officers to be nominated or elected, the location of each polling
place in the municipality, and the hours during which the polls
will be open shall be posted in the office of the several town,
village, and city clerks by the clerk of each municipality. The
governing body of each municipality also may elect to provide
published notice in addition to the posted notice. Failure to give
the notice required in this section does not invalidate a general
election or primary. (203.05)
Source: Minn.St.1957, § 205.19.
Comment: Under 205.19 a notice is required to be posted in each
voting precinct. The revised section conforms to modern practice of
posting a notice in the office of the municipal clerk. This notice
shows the location of every polling place. Publication of the notice
is also permitted.
6.033. Election precincts. —Subdivision 1.—Boundries. — Each
town, each village that is separated from the town for election
purposes, and each city ward, shall constitute at least one election
precinct. The council of each municipality shall prescribe the
boundaries of the precincts and the number of voters therein, and
may rearrange the precincts from time to time. A]I changes shall
be made by resolution adopted at least 90 days before the next
ensuing election, and 60 days' posted notice thereof in the office
of the clerk shall be given before the change may take effect.
Subd. 2. Change of precinct boundaries, description. When
the boundaries of a precinct are changed the council shall make a
map or description of each precinct, defining it by known bound-
aries, and file the same with the clerk, who shall keep the same
open for inspection at all times. The council shall furnish copies
thereof to the judges for use at elections.
Subd. 3. Municipality in two counties, common voting place.
110
GENERAL AND SPECIAL ELECTIONS
When a city or village is situated in two or more mounties, the
council of the village or city may, by resolution adopted at least
30 days prior to any election, designated a single voting place in
the city or village in which election for the entire city or village
shall be held, and one set of election officials presiding thereat
shall be sufficient; provided, that a separate ballot box for each
precinct shall be furnished, in which the votes of the precinct
shall be deposited and separate record thereof kept. When a
single voting place has been so designated, it shall continue until
changed by resolution of the council adopted at least 30 days
prior to a subsequent election. (203.06)
Source: Minn.St.1957, §§ 205.22, 205.24.
Comment: Revised subdivision 1 permits the council of each mu-
nicipality to prescribe the size and boundaries of its own precincts.
Under the old section there were size limitations, and only first class
cities were permitted to do what is permitted generally in the revised
subdivision. Changes in precinct boundaries are required to be post-
ed in the office of the clerk.
Subdivision 2 embodies the substance of 205.24 and makes it ap-
plicable to any precinct change; the old section referred only to the
division of wards into precincts.
No substantive change in subd. 3.
6.034. Unorganized territory, election precincts. —Whenever
any part of a county is not organized into towns, the county board,
at their meetings in either January or July, upon the petition of
not less than ten legal voters residing more than ten miles from
the polling place in any established precinct, shall create and es-
tablish out of such unorganized territory an election precinct, and
designate a polling place therein at such point as will be most con-
venient for the persons residing in the precinct, but no such poll-
ing place shall be located within ten miles of any other existing
polling place. (203.07)
Source: Minn.St.1957, § 205.23.
Comment: No substantive change.
6.035. Polling places designated. —The council of every mu-
nicipality shall, by ordinance or resolution, designate the place of
holding the election for each precinct; otherwise the election shall
be held as near as may be to the place where the preceding election
was held, subject to change before the opening of the polls as pro-
vided by law. In any village or in any city of the third or fourth
class, having more than one precinct, the council of the munici-
pality may, by ordinance or resolution, provide for the holding of
all elections in the municipality in some building centrally located
therein, and the voters of the municipality may vote at such place
so designated, irrespective of whether the voting place is actually
located in their precinct or not. At the place so designated there
shall be provided separate statutory voting facilities for each pre-
cinct, and the voting shall otherwise by conducted in the same
manner as though the voting places were located in the respective
precincts. The council of any municipality may, by ordinance or
resolution, designate a polling place for holding of elections for a
specific precinct in a building outside the precinct, provided that
the building must be located within 1500 feet of the precinct.
(203.08)
Source: Minn.St.1957, § 205.25.
Comment: This section embodies the substance of 205.25. The pro-
vision therein allowing first class cities to use a polling place outside
but within 1500 feet of the precinct, is extended to any municipality.
111
r
GENGRAL AND SPECIAL ELECTIONS
6.036. Illegal polling places. Subdivision 1. Change of place.
When any place designated for holding an election does not com-
ply with the provisions of this article the judges, on or before the
opening of the polls on election day, shall procure a suitable place,
subject to the approval of the municipal clerk, as near the desig-
nated place as may be, which is not subject to the objection, and
shall notify the municipal clerk at once of the change.
Subd. 2. Polling place changed. When a change of the place
of election has been determined, the judges shall meet at the
place first designated and, after filling any vacancies in their num-
ber, adjourn to the new place selected, first publicly announcing
the change to the electors present and posting in a conspicuous
place at the first designated place a notice of the change made by
them. They also shall post a similar notice at the new voting
place. They shall certify to the proper authorities the expenses
attending the change, which shall be allowed and ,paid as part of
the election expenses. (203.09)
Source: Minn.St.1957, §§ 205.29, 205.30.
Comment: No substantive change.
6.037. Polling place, restrictions. Subdivision 1. Bar room.
No election shall be held or appointed to be held in any place
where intoxicating liquors or non -intoxicating malt beverages are
served, or in any room used or occupied as a place of resort for
idlers or disreputable persons, or in any room adjoining either.
Nor shall any election be held in any room wherein the require-
ments of this article cannot be substantially complied with.
Subd. 2. Booths, equipment. Each polling place shall consist
of a single room, containing a number of booths in proportion
to the number of voters in the precinct. Each booth shall be six
feet high, three feet deep, and at least two feet wide, with a shelf,
at least one foot wide, extending from side to side at a convenient
height for writing, to be provided with a door or curtain so that
the voter may be free from observation while marking his ballot.
At all times when in use it shall be provided with instructions, an
indelible pencil, and other supplies needful in marking the ballots.
The boxes, booths, and judges shall be in open public view. (203.10)
Source: Minn.St.1957, §§ 205.31, 205.33.
Comment: Subdivision 1 has been clarified by expressly including
the words "non -intoxicating malt beverages." The former section
says "saloon or bar room," and the question arose as to whether a
place serving 3.2 percent beer was included.
Subdivision 2 embodies the substance of 205.33. While the former
section requires two voting booths for every 100 voters, the revised
provision leaves it more to the discretion of the municipality.
6.038. National flag displayed. —The council of every munici-
pality shall cause the national flag to be displayed on a suitable
staff at the entrance to each polling place therein during all the
hours of voting. The cost thereof shall be included in the general
election expenses. The judges shall see that the flag is so placed
and displayed, and willful failure on their part to do so shall
cause a forfeiture of their compensation for the time of the failure.
They shall make a statement of the number of hours the flag was
so placed and maintained, and include the same with the payroll
statement. (203.11)
Source: Minn.St.1957, § 205.32.
Comment: No substantive change.
112
GENGRAL AND SPECIAL ELECTIONS
6.039. Conduct in polling place, peace officers. —During the
voting hours no person other than those receiving, marking, and
depositing ballots shall be permitted to approach within six feet
of the booths, unless by consent of the judges, given by authority
of law. Any person guilty of riotous or disorderly conduct shall be
arrested upon refusal to desist when warned. The judges may ap-
point a special peace officer when necessary. No peace officer may
remain in the polling place unless so ordered by the judges, nor
may a peace officer interfere in any manner with the voters.
(203.12)
Source: Minn.St.1957, § 205.34.
Comment: This section embodies the substance of 205.34, and
clarifies the fact that peace officers need not be present at polling
places, but rather that special peace officers may be present only
when called by the judges.
6.040. Polling place, use of intoxicating liquor in. —It is a mis-
demeanor to bring any malt or spiritous liquors into a place where
an election is being held, or to drink any malt or spiritous liquors
or to be intoxicated in a place where an election is being held.
(203.13)
Source: Minn.St.1957, § 205.35.
Comment: This section embodies the substance of 205.35. It is in-
tended that the act of bringing liquor in, of drinking within, or the
fact of intoxication within a polling place, each is a misdemeanor.
6.041. Voters, lingering near polling place. —All voters shall
be allowed to go to the polling place for the purpose of voting, and
to return therefrom, without molestation, but neither voters nor
others shall be allowed to congregate in any number within 100
feet of any polling place. Only election officers and voters who are
waiting to vote shall be permitted to stand within 50 feet of the
entrance to a polling place. (203.14)
Source: Minn.St.1957, § 205.36.
Comment: This section embodies the substance of 205.36. The
statement concerning standing within 50 feet of the entrance, has
been made applicable to all municipalities instead of only first,
second, and third class cities.
6.042. Ballot boxes. —Each polling place shall be provided
with one white, one pink, one canary, and one light green ballot
box. As many of these ballot boxes shall be used at any election
as there are kinds of ballots to be voted. Each box shall be of
sufficient size, and with a sufficient opening, to receive and con-
tain all the ballots likely to be placed therein. (203.15)
Source: Minn.St.1957, § 205.37.
Comment: This section embodies the substance of 205.37. The
color of the municipal ballot is changed in another section (infra)
to light green for both city (red) and village (yellow) ballots. The
color of the ballot boxes are changed accordingly.
6 043. Instructions to voters, furnished by secretary. Sub-
division 1. Cards. —Except where voting machines are used. the
secretary of state shall furnish to each county auditor uniform
instructions to voters, printed in large type upon cards or heavy
paper and containing such information as will enable the voters
quickly and correctly to designate their choice. The cards shall
be sufficient in number to allow two for each precinct. The clerk
of each municipality in the county shall secure from the county
auditor the cards and shall have them posted in a conspicuous
manner at the polling place.
113
GENERAL AND SPECIAL ELECTIONS
Subd. 2. Pamphlets...The secretary of the state also may pre-
pare and distribute to election officials printed instructions to
voters in pamphlet form, containing material of impartial nature
relating to registration and election procedure.
Subd. 3. Election supplies, duty of clerks. At least one week
before every state election, the clerk of each city and town and
each village that is separated from the town for election purposes,
shall secure from the county auditor the necessary copies of each
of the blanks and forms as are required in preparation for the
conduct of the election, printed instruction cards, two copies of
the Minnesota Election Law and any other instructions for elec-
tion officers, for each precinct, and sufficient quantities of the
necessary official ballots, ballot boxes, registers, and other sup-
plies and materials so that the judges of the election precincts may
comply with the provisions of the Minnesota Election Law. If
there are election precincts in unorganized territory in the county,
the county auditor shall send by registered or certified mail, in-
sured parcel post, express, or deliver to the judges in these pre-
cincts the supplies that are required in this subdivision to be
picked up by the clerks.
Subd. 4. Instruction meetings for election officials. The audi-
tor of each county may require the clerks of the municipalities
within the county to meet with him at the time the clerks are re-
quired to secure the election supplies from him; and the auditor
shall conduct the meeting in such manner as he deems proper to
instruct the clerks as to election procedures including, but to be
restricted to, duties of municipal clerks and election judges. The
expenses incidental to attending the meeting with the county
auditor shall be borne by the municipalities. (203.17)
Minn.Election Code Pamph.-4
Source: Minn.St.1957, §§ 205.39, 205.40.
Comment: The commission found that there is a need for some
sort of instruction for election officials by someone acquainted with
the requirements of the laws. Frequently different applications are
given to the same provisions of the law by municipal clerks within
the same county. It is anticipated that the clerks, having been
orientated, will instruct the judges within their respective munici-
palities, to the end of achieving substantial uniformity. Subdivision
4 is written in the form of permissive legislation with the intention
that in counties where a need exists for instruction meetings, the
auditors will take advantage of the provisions herein.
6.044. Election supplies, duty of judges. —Before 9:00 P. M. on
the day preceding an election, at least one judge shall procure the
election registers and other supplies provided for in this article
from their legal custodian. The custodian of the ballot boxes and
ballots shall deliver the same to the judges of the respective pre-
cincts together with their keys, stationery and materials required
at the election. The judges shall be responsible for the safekeeping
of the election registers and ballots unaltered, and shall have all
such ballots, ballot boxes, election registers, printed instructions
to voters, and materials at the polling places in their respective
precincts at the opening of the polls on the day of election. Laws
1959, c. 675, art. IV, § 18. (203.18)
6.045. Failure of judges to secure supplies. —In case none of
the judges appears at the office of the custodian of the ballots, as
provided in the previous section, the custodian shall send forth-
with to the proper precinct the ballots therefor, securely wrapped,
114
GENERAL AND SPECIAL ELECTIONS
tied, and sealed, by special messenger, who shall deliver the same
forthwith to the judges, or one of them; or if unable to do so, he
shall deliver them at the polling place at the hour for opening the
polls. He shall take a receipt for the ballots and promptly file the
same with the custodian together with his affidavit stating when,
of them, shall be chargeable with all expense incident to the de -
where, and to whom he made the delivery. The judges, and each
sheriffs for service of process, but nothing herein shall relieve any
livery and report, together with mileage, the same as allowed to
judge from the penalty provided by law for neglect of duty. (203.19)
6.046. Substitute ballots. Subdivision 1. Official ballots. If
the ballots are not delivered, or are stolen or destroyed and suf-
ficient regular ballots cannot be seasonably had, the county audi-
tor or other proper official shall cause other ballots to be im-
mediately prepared as nearly in the form prescribed as practi-
cable, with the word, "Substitute" printed in brackets immediately
of the word "Official Ballot," as endorsed on regular ballots, and,
when practicable, with the facsimile signature of the officer pre-
paring the same, accompanied by has affidavit that the same have
been so prepared and furnished by him, and that the original ballots
have not been received, or have been destroyed or stolen, as the
case may be. The judges shall cause the substituted ballots to be
used at the election.
Subd. 2. Unofficial ballots. When no official or substitute bal-
lots are ready for distribution at any polling place, or if the sup-
ply is exhausted before the polls are closed, unofficial ballots,
printed or written as nearly as practicable in the form of the
official ballots, or of any ticket or tickets forming a part or parts
thereof, may be used until substitutes prepared by the proper
official can be printed and delivered; and the fact shall be cer-
tified and accompany the returns of election. (203.20)
6.047. Judges of election. Subdivision 1. Appointment, quali-
fication. —Except in cities of the first class the council of each mu-
nicipality and the county board in unorganized territory shall ap-
point qualified voters in each precinct therein to be judges of elec-
tion. The appointments shall be made at least 25 days before any
election. The council or county board may make such rules as it
deems necessary, including the examination of applicants, to deter-
mine the qualifications of judges.
Subd. 2. Appointment, first class cities.
Subd. 3. Number of Judges. Except as provided in subdi-
vision 4 of this section, the council of each municipality and the
county board in unorganized territory shall provide that there is
one judge for every 150 voters in each precinct therein, provided
that there shall be at least three judges in each precinct for every
election. Before any election the council of each municipality
and the county board in unorganized territory shall determine
how many judges there shall be for each precinct therein, con-
sidering the number of votes expected to be cast in each precinct
at the next election, so that the provisions of this section shall be
complied with. The council of each municipality and the county
board in unorganized territory may provide for additional judges
in any precinct in excess of one judge for every 150 voters, and
115
GENERAL AND SPECIAL ELECTIONS
they also may provide for additional judges to count the votes
after the polls close.
Subd. 4. Number of judges, number of voting machines. In
precincts where one voting machine is used three judges shall be
appointed, and in precincts where more than one voting machine
is used one or more additional judges may be appointed.
Subd. 5. Election judges, certain cases, towns and villages.
In towns the members of the town board and the town clerk, and
in the villages the members of the village council and the village
clerk, may be judges of election if the municipality has only one
election precinct. (203.21)
Source:
Subd. 1—Minn.St.1957, § 205.46.
Subd. 2—Minn.St.1957, § 205.46.
Subd. 3—No prior statute.
Subd. 4—Minn.St.1957, § 209.04.
Subd. 5—Minn.St.1957, §§ 205.45 and 205.46.
Comment: The provision that the council of the municipality ap-
point election judges 25 days before an election is taken from the
source section. "Municipality" has been defined as to include towns,
and consequently this subdivision is applicable to towns. The com-
mission found that in some cases the judges were not qualified for
their jobs and that their appointment was frequently a substitute for
the relief or other assistance they were receiving. The provisions
in first class cities requiring the civil service certification of judges
has worked very well. However, it is recognized that smaller mu-
nicipalities do not desire such an elaborate system for the selection
of judges. Therefore, the appointive body is permitted to set require-
ments for judges, and even to examine candidates for the job for
their qualifications, if the appointive body chooses to do so.
Subdivision 2 is taken from 205.46, subdivision 2. A special law ap-
plicable to the city of St. Paul (Laws 1957, c. 197) which permitted
that city to appoint judges from out of the precinct to act as judges
in a deficient precinct without regard to party affiliation, is repealed,
and this subdivision is applicable to all first class cities. However,
this subdivision permits in another way, the use of judges from with-
out the precinct.
The several sections in Chapter 205 that determine the number of
judges used at an election are eliminated from this revision. This
includes the special provisions for ballot and relief judges at certain
elections. The number of voters in a precinct and the kind of elec-
tion it is, are the important factors in determining how many judges
will be needed. This can be predicted in advance of the election. Ac-
cordingly this subdivision permits considerable flexibility in the max-
imum number of judges used, while providing for a minimum of one
judge for 150 voters and no fewer than three judges at any time. It
is also intended that every precinct within the municipality will not
necessarily have the same number of judges, for in a previous section
the size of precincts is left flexible. In areas where paper ballots are
used, considerable use is made of the so-called 'counting board' or the
extra group of judges that go to work after the polls close for the sole
purpose of counting the ballots. It is intended that these counting
judges will still be used where they are needed.
Subdivision 4 embodies the substance of a provision in the voting
machine law. It is replaced in this section in order to have in one
place all of the provisions relating to the number of judges.
Subdivision 6 embodies the substance of the two provisions in
205.45 and 206.46. The effect of this subdivision is to permit the
members of the governing body and the clerk of the small municipali-
ties to be judges of election subject to the same limitations as are put
on other judges in the next section.
6.048. Election judges, eligibility. Subdivision 1. Party bal.
ance.—No more than half of the number of judges in any precinct
may be members of the same political party, except where the
116
GENGRAL AND SPECIAL ELECTIONS
election board consists of an odd number of judges in a precinct,
the number of judges belonging to the other political party.
Subd. 2. Eligibility of judges, relationship. No judge may
bear the relationship of husband, wife, parent, child, brother, or
sister to any other judge in the same precinct, a candidate, or any
member of the council of the municipality in which he is a judge
or of the county board if he is a judge inan unauthorized terri-
tory.
Subd. 3. Eligibility of judges, other employement. No person
may be a judge while he is receiving compensation as an employee
or officer of the United States, the state, or any municipality or
county within the state, except as provided in subdivision 5 of sec-
tion 203.21; nor may any person be a judge at any election at
which he is a candidate for elective public office.
Subd. 4. Eligibility of judges, literacy. No person may be a
judge unless he can read, write, and speak the English language
understandingly. (203.22)
Source: Minn.St.1957, §§ 205,46, 205.47, 205.51.
Comment: That there shall be a balance of power party -wise
among the election judges is expressed in several sections of Ch. 205.
Subdivision 1 expresses the same idea by providing that no more than
half the number of judges in a precinct belong to the same party.
The section is applicable to all election judges in municipalities of
every classification.
Subdivision 2 embodies the substance of a similar provision exist-
ing in three section. It is uniformly applicable to all election judges.
Subdivision 3 expresses in substance the same idea found in source
sections 205.46 and 205.51.
Subdivision 4 embodies the substance of a provision found in
205.47.
6.049. Election board, chairman. —At the time the judges are
appointed, the city clerk in cities of the first class, the council of
all other municipalities, and the county board in unorganized terri-
tory shall designate one of the appointed judges in each precinct as
chairman of the election board. The chairman shall distribute the
duties of election judges among the several judges, including him-
self, and he shall be responsible for the completion of forms, ob-
taining signatures, and the performance of all duties required of
all duties required of the election judges. (203.23)
Source: No prior statute.
Comment: The commission found there is a need for one member
of the election board to take the responsibility for seeing that every-
thing required is done and to act as liaison between the election
board and the municipal clerk. It is not anticipated that the person
who acts as chairman will receive additional compensation.
6.05. Vacancies in judges. —When any judge fails to attend
at the time and place appointed for holding an election, within 30
minutes after the opening of the ,polls, or after entering upon the
discharge of his duties, becomes unable, or for any reason fails
or refuses, to complete the performance of his duties, the remain-
ing judges of the precinct shall elect a qualified person from the
precinct to fill the vacancy. (203.24)
Source: Minn.St.1957, § 205.52.
Comment: This section embodies the substance of 205.52.
6.051. Judges, oath. —Before any judge enters upon the dis-
117
GENERAL AND SPECIAL ELECTIONS
charge of his duties, he shall subscribe the following oath: "I
judge of election, do solemnly swear that I will
perform the duties of judge of election according to law and the
best of my ability and will studiously endeavor to prevent fraud,
deceit and abuse in conducting this election, so help me God." The
oath shall be affixed to the election register or returned with elec-
tion returns. If there is no person present authorized to administer
oaths, the judges may administer it to each other. The judges,
subsequent to the opening of the polls, shall constitute the elec-
tion board. (203.25)
Source: Minn.St.1957, § 205.54.
Comment: This section embodies the substance of 205.54. The re-
vised section permits the oath to be returned with the election re-
turns as an alternative to its being affixed to the election register,
as an election register is not used where there is permanent regis-
tration.
6.052. Violations, penalties. —Any person who serves as judge
in violation of any of the provisions of sections 203.21 to 203.25 is
guilty of a misdemeanor. (203.26)
6.053. Ballots. Subdivision t, Preparation. — Txcept where
voting machines are used and except as otherwise provided by law,
all ballots for every election held in this state shall be prepared
in the manner provided in this article.
Subd. 2. Number. At least 100 ballots of each kind to be
voted at the ensuing election shall be provided by the clerk for
each precinct for every 85 votes cast and counted therein at the
last election for the same offices or on similar questions, except
that where voters are registered to prepare ballots in excess of the
number of registered voters in each precinct. (203.27)
6.054. Ballots, form. Subdivision 1. Type. —All ballots shall
be printed with black ink on paper of sufficient thickness to prevent
the printing thereon from being discernible from the back. All
ballots of the same color shall be substantially uniform as to style
of printing, size, thickness, and shade of color, and whenever the
same kind of ballots are printed on paper of the same general
tint, but varying in shade, those used in any one precinct shall be
of the same shade. All ballots shall be printed in type of such
form, width, weight, and size as to be easily legible, with suitable
lines for divisions between candidates, offices, instructions, and
other matter proper to be printed on ballots. The same type shall
be used for the names of all candidates on the same ballot, and
the name of each candidate shall be printed in capital letters. The
name of a candidate may not appear on a ballot in any way which
gives that candidate an advantage over his opponent except as
otherwise provided by law. The officer in charge of preparing the
ballots shall do so in such a manner as to enable the voter to un-
derstand which questions are to be voted upon and what and how
many candidates are to be voted for in each office, and to designate
his choice easily and accurately.
Subd. 2. Candidates and offices. On all ballots the name of
each candidate shall be printed at right angles with the length
of the ballot. In the general election, except in the case of presi-
dential electors, each name shall be followed on the same line in
upper and lower case letters, by the political party designation of
the candidate, or in the case of nonpartisan offices, each name
118
GENERAL AND SPECIAL ELECTIONS
shall be followed by the words, "Nominated without party desig-
nation." At the general election, below the name of the last
canuidate for each office shall be placed as many blank lines as
there are offices of that kind to be filled, and on the blank lines
the voter may write the names of persons not printed on the ballot
for whom he desires to vote, and when no person has filed for an
office to be filled, the title of the office shall be printed on the bal-
lot with as many blank lines below the title as there are offices to
be filled, on which the voter's choice may be written. On the left
side of the ballot and on a line with the names of the candidates
and the blank lines, there shall be placed a square, each square to
be of the same size, in which the voter may designate his choice
by a mark (X). Above the first name on each ballot shall be
printed the words, "Put an (X) opposite the name of each candi-
date you wish to vote for, in the square indicated by the arrow,"
and on a line with the words and directly above the squares shall
be printed a small arrow, or point, pointing downward. Directly
underneath the official title of each office shall be printed the
words, "Vote for one," or more, according to the number to be
elected.
Subd. 3. Question, form of ballot. When a proposition or
question is to be submitted to a vote, a concise statement of the
nature thereof shall be printed on the ballot, and to the left of
the statement shall appear the words, "YES" and "NO." To the
left of and on the same line with each of the words shall be print-
ed a square so that the voter may indicate by a mark (X) either
a negative or affirmative vote. Suitable instructions also shall
appear on the ballot directing the voter to put an (X) in the
square before the word "YES" if the voter desires to vote for
the proposition or question, or to put an (X) before the word
"NO" if the voter desires to vote against the proposition or ques-
tion. (203.30)
Previously there has been no statute on the form of a question on
the ballot except in the case of state questions on the pink ballot.
results of an election on any one question would be open to contest
Consequently there has been little uniformity in appearance, and the
on the grounds of improper form of the ballot. Subdivision 3 was
dratted to provide for the necessary uniformity throughout the state.
6.055. Names on ballots, Identical descriptive words. —When
the similarity of surnames of two or more candidates for the same
office at an election may cause confusion to voters, the candidates
with such names may have added to each of their surnames on the
ballot no more than three words to indicate the occupation of
office of the candidate, or his residence, or any combination there-
of if they can be stated in no more than three words. If the candi-
date shall furnish the identifying words within seven days after
the last day for filing for the office, to the filing officer, the officer
shall have the identifying words printed on the ballot immediately
after the candidate's name; otherwise the words may not be print-
ed on the ballot. (203.36)
6.056. Ballots, records, disposition, —The auditor of any county
and the clerk of any municipality may destroy all ballots, voters'
certificates, and election returns, except the abstract of the can-
vasing board, at any time after one year from the date of the elec-
tion wherein the ballots and election returns were used, except
that all election returns involved in a contested election may not
119
CONDUCT OF ELECTIONS
be destroyed until the contest has been finally determined. (203.39)
6.057. Compensation. —The compensation for services per-
formed under the Minnesota Election Law shall be as follows:
(a) To presidential electors, $10 for each day's attendance
at the Capitol, and seven cents for each mile necessarily
traveled in going to and returning from St. Paul;
(b) To persons carrying ballots from, and returns to, county
auditor's office. $1 for each trip necessarily made and
seven cents for each mile of necessary travel;
(c) To members of county canvassing boards, $5 for each
eight hours of service as members of the canvassing
board and seven cents for each mile necessary travel;
provided that in counties now or hereafter having a pop-
ulation of 600,000 or more the members of the county
canvassing boards in those counties shall be paid $12
for each eight hours of service as members of the can-
vassing board, and mileage;
(d) The compensation for election judges shall be fixed by
the governing body of the municipality and in the case
of judges in unorganized territory, by the county board,
except that the compensation for election judges in the
case of townships shall be fixed at the annual town meet-
ing.
(e) To special peace officers, an amount for each hour of
service rendered by direction of the judges, to be fixed
as in the case of judges of election. (203.42)
fthor.001.11...yti. .
Source: Minn.St.1957, § 200.35.
Comment: This section embodies the substance of 200.35. The ef-
fect of clause (d) is unchanged in that the amount of compensation
for judges is to be set by the respective municipalities, but the ref-
ference to an hourly amount has been eliminated. The other clauses
are unchanged except for bringing the language up to date and mak-
ing it consistent with the terms used in the revised law.
6.058. Expenses. —The compensation prescribed in section
203.42, clause (a), the cost of printing the white and pink ballots,
and all necessary expenses incurred by the secretary of state in
connection with elections, shall be paid by the state out of moneys
not other wise appropriated. That prescribed in section 203.42,
clauses (b) and (c), the cost of printing the county and district
canary ballots, and all necessary expenses incurred by auditors in
connection with elections, shall be paid by the respective counties.
That prescribed in section 203.42, clauses (d) and (e), the cost of
printing the municipal light green ballots, of providing ballot boxes
and polling places, and equiping the same, and all necessary ex-
penses of the clerks of municipalities on account of elections, shall
be paid by the respective towns, villages, or cities where the elec-
tions are held. All disbursements hereunder shall be presented,
audited, and paid as in the case of other public expenses. (203.43)
Source: Minn.St.1957, § 200.36.
Comment: This section embodies the substance of 200.36.
ARTICLE V
CONDUCT OF ELECTIONS
MSA
204.01 Definitions.
120
CONDUCT OF ELECTIONS
204.02 Application.
204.03 State elections, hours for voting.
Subd.
1. Opening and closing of polls.
2. Time, closing of polls.
204.04 Opening of polls, ballot boxes.
Subd.
1. Locking of ballot boxes.
2. Ballot boxes, box -car seals.
204.05 Ballots, judges' initials.
204.06 Persons in polling place.
Subd.
1. Challengers.
2. Time to vote.
204.07 Voting, no registration.
Subd.
1. Evidence of qualification to vote.
2. Voting, examination.
3. Election registers, form.
4. Voting, election register, use.
204.08 Registration, voter's certificate.
Subd.
1. Form of certificate.
2. Voter's certificate, use.
3. Name omitted, emergency voting.
204.09 Ballots, voting, registration and otherwise.
Subd.
1. Removal of ballot from pad.
2. Voters, marking ballots.
3. Sample ballots.
204.10 Marking ballots, instructions.
204.11 Ballots, deposit.
Subd.
1. Deposit in box.
2. Ballots, secrecy.
3. Ballots, identifying marks.
4. Ballots, challenge of.
5. Voter to retire.
6. Enforcement, violation, penalties.
204.12 Spoiled ballots.
204.13 Assistance to voters.
Subd.
1. Disability.
2. Disabled voter, assistance.
204.14 Voting, secrecy.
204.15 Employees, time off to vote.
204.16 Challengers.
Subd.
1. Partisan.
2. Non -partisan.
3. On proposition.
204.17 Challenges.
121
CONDUCT OF ELECTIONS
Subd.
1. Manner.
2. Ground, oath.
3. Determination of residence.
4. Challenged person may not vote, when.
204.18 Returns of the election, tally books.
Subd.
1. Tally books.
2. Tally book, information required.
3. Tally book and returns, primary election.
4. Tally book and returns, form.
204.19 Canvass of votes.
Subd.
1. Procedure.
2. Ballots, order of canvass.
3. Primary ballots, manner of canvass.
204.20 Ballots, proper number.
Subd.
1. Counting.
2. Ballots, excess number.
3. Ballots in wrong box.
4. Ballots not counted, disposition.
204.21 Counting ballots.
Subd.
1. Method.
2. Piling system.
3. More than one to be elected, piling.
204.22 Rules for counting ballots.
204.23 Defective ballots.
Subd.
1. Marking; memorandum.
2. Defective ballots, disposition.
204.24 Ballots, disposition.
8ubd.
1. Envelopes.
2. Ballots, disposition, certain cities and counties.
204.26 Summary statements.
204.26 Tally book and returns, disposition.
Subd.
1. Envelopes.
2. Returns and materials, delivery.
3. Returns and materials, disposition, first class cities.
204.27 Ballots, returns, duties.
1. County auditor.
2. Clerk.
204.28 Noncompliance with law.
Subd.
1. Failure of judges to make delivery.
2. Irregularities, not fatal.
204.29 County canvassing board.
Subd.
1. Membership.
2. County canvass, primary election information re-
quired.
122
CONDUCT OF ELECTIONS
3. County canvass, general election, information re-
quired.
4. County canvass, returns, to secretary.
204.30 Errors in counting, correction.
Subd.
1. Inspection.
2. Ballots, inspection.
3. Inspection, time, place.
4. Canvass, not delayed.
5. Canvassing board, report.
6. Canvassing board, declaration, notification.
204.31 State canvassing board.
Subd.
1. Membership.
2. State canvass, primary election.
3. State canvass, general election.
4. State canvassing board, certification and declara-
tion of results.
204.32 Certificates of election.
Subd.
1. Preparation, delivery.
2. Certificates of election, issuance, contest.
6.06. Application. —The provisions of this article are appli-
cable to all elections held in this state except as otherwise pro-
vided by law. (204.02)
menTcC8shrdluetaoinshrdlu
Source: No prior statute.
Comment: The intent of this section is that all elections shall he
conducted in the manner provided for the general election except
where otherwise stated in the law.
6.061. Opening of polls, ballot boxes. Subdivision 1. Lock-
ing of ballot boxes. —Immediately before opening the polls, one of
the judges shall open the ballot boxes in the presence of the people
there assembled, turn them upside down so as to empty them of
everything that is in them, then lock them and deliver the key
to another of the judges. Having locked the ballot boxes, the judges
shall proclaim that the polls are open, and they shall cause written
or printed notices of the hour of closing to be conspicuously posted
outside the polling place. The boxes may not be reopened until
opened for the purpose of counting the ballots therein at the close
of the polls.
Subd. 2. Ballot boxes, box -car seals. The governing body of
any municipality, by resolution, may direct the clerk to furnish
each ballot box with two so-called "box -car seals" in lieu of a lock
and key. Each seal shall consist of a metal strap with a number
imprinted on the metal, no two straps bearing the same number,
together with a self-locking device securely attached to one end
of the strap, and so constructed that the other end may be insert-
ed and securely locked in the seal. One of the seals shall be used
in the same manner provided for locks in subdivision 1 of this
section, and the other seal shall be attached after the ballots are
counted as provided in section 204.24. Whenever seals are used
in lieu of a lock and key, the number on the seal used to lock the
ballot box shall be written in a suitable space provided therefor
123
CONDUCT OF ELECTIONS
on the tally sheets used in canvassing and tallying the votes.
(204.04)
Source: MInn.St.1957, § 206.02.
Comment: Subdivision 1 embodies the substance of a provision
of 206.02.
In subd. 2, the provisions of 206.02 permitting the use of box -car
seals in lieu of padlocks in first class cities has been revised to per-
mit their use in any municipality.
6.062 Ballots, judges' initials. —Subdivision 1...Before the
voting begins, or as soon thereafter as possible, two judges shall
place their initials on the backs of all the ballots they have, direct-
ly under or opposite the facsimile of the official signature, and
they may not otherwise mark the ballots.
Subd 2. No official ballot may be distributed except in the
voting room to voters about to vote, and no ballot which is not
officially endorsed in the handwriting of the judges may be placed
in the ballot box. The ballot boxes shall at all times be kept in
public view. (204.05)
6.063. Persons in polling place. Subdivision 1. Challengers.
Except as provided in this subdivision and except when a voter is
unable to read English or is physically disabled and a voter is
called upon to assist him, no person may remain inside the polling
place except members of the election board, peace officers, chal-
lengers, and voters who are about to vote. The challengers may
not handle or inspect registration cards, files, or lists, and they
may not attempt to influence voting on election day in any manner.
Representatives of the secretary of state's office and the county
auditor's office may be present at the polling place during the
hours of voting for the purpose of observing election procedure.
Subd. 2. Time to vote. The judges may make such regula-
tions as they deem proper as to the time in which a voter may re-
main in the polling place while receiving, preparing, and voting
his ballots. (204.06)
Source: Minn.St.1967, §§ 206.09, 206.26.
Comment: Subdivision 1 adopts the provisions of 206.09 and in ad-
dition permits certain election officials to be present at the polls to
observe procedure. There has been no previous authority for this per-
mission, but it is in the interests of good election administration to
foster the kind of activity contemplated by the provision.
Subdivision 2 removes the provision of 206.26 that limits the thne
to between three and ten minutes. Depending upon the kind of elec-
tion and the manner of voting, the Judges are best qualified to de-
termin such rules.
6.064. Voting, no registration. Subdivision 1. Evidence of
qualification to vote. —Except where voters are registered under a
permanent registration system, any person desiring to vote at any
election shall satisfy the election board by proper and sufficient
evidence that he is qualified to vote at the election in the precinct,
and by stating under oath, that under the consttutifon and laws of
this state, he is entitled to vote at the election in the precinct.
Subd. 2. Voting, examination. Any person desiring to vote
shall truly state, when he is asked, the name of the street in which
he resides, the house number, if any, and whether he is a house-
holder, lodger, or employee therein, and such other matters that
124
CONDUCT OF ELECTIONS
may be necessary for identification. Upon refusal to make such
statements, he may not be allowed to vote.
Subd. 3. Election registers, form. Two election registers
shall be provided by the county auditor or the clerk of the mu-
nicipality, as the case may be, for each precinct. The election
registers shall be kept and maintained in duplicate, and two
judges shall have charge of them, each using one as provided in
this section. Every election register shall be headed by the desig-
nation of the precinct, shall contain one column headed "Name of
Voter,' one headed "Residence," and one headed "Remarks," and
shall contain the names of the voters in separate groups, in alpha-
betical order according to the first letter of the surnames, each
letter of the alphabet to form one group, with not more than one
group on any one page, and each group to be separately numbered
commencing with the numeral "1."
Subd. 4. Voting, election register, use. Having satisfied the
judges of his qualifications, the voter's name and residence shall
be entered in the proper place in the election registers, and the
other judges shall have charge of and hand to and receive from
each voter the ballots. (204.07)
Source:
Subd. 1—+Minn.St.1957, §§ 201.30 and 201.31.
Subd. 2—Minn.St.1957, § 206.20.
Subd. 3—Minn.St.1957, § 201.22.
Subd. 4—Minn.St.1957, §§ 201.33 and 206.04.
Comment: Subdivision 1 adopts the substance of 201.30. This re-
vised law replaces the provisions of chapter 201 that deal with voting
where there is no registration system, into this article.
Subdivision 2 embodies the substance of 206.20.
Subdivision 3 has revised the information required to set down
in the election register in conformity with actual practice. There is
no need for a "voted, primary election," column on the register, nor
is it necessary to mark "V" after a voter's name after he has voted
since the voter's name cannot lawfully be placed on the register
unless he has the right to vote.
Subdivision 4 describes the proper procedure for using the elec-
tion register.
6.065. Registration, voter's certificate. Subdivision 1. Form
of certificate. —Wherever voters are registered under a permanent
registration system before any person desiring to vote receives the
ballots from the judges, a certificate containing the following in-
formation shall be signed by the applicant:
I hereby certify that I am a qualified voter, permanently regis-
tered in accordance with the Minnesota Election Law.
(Signature of Voter)
(Address)
Approved
Judge of Election
Subd. 2. Voter's certificate, use. The certificate shall be ap-
proved by a judge who shall compare the signature on the voter's
certificate with the signature as it appears on the duplicate regis-
tration card, and the judge shall record the fact of voting on the
back of the duplicate registration card. The certificate, having
been approved, shall be handed to the voter who shall deliver it
to the judge in charge of ballots as proof of his right to vote, and
thereupon the judge shall hand to the voter the ballots.
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CONDUCT OF ELECTIONS
Subd. 3. Name omitted, emergency voting. When any voter
who has registered under a permanent registration system is
challennged because his name does not appear in the duplicate
registration file of the precinct in which he desires to vote, and
upon examination it appears that such name was erroneously
omitted from the file, he shall be permitted to vote at the election
in the precinct, and an emergency voting card shall be signed by
the applicant and the judges, containing substantially the follow-
ing information:
Name
Residence
The undersigned judges hereby certify that the above named
voter was permitted to vote in this precinct at the election held
, 19....,pursuant to instructions from the office of
the commissioner.
EMERGSNCY VOTING CARD
Ward Precinct
Signature of Voter
Judges of Election
Signature of Judge calling
office Authorized by
6.066. Ballots, voting, registration and otherwise. Subdivision
1. Removal of ballot from pad. —When the judges are satisfied
that the person applying for ballots is a qualified voter, the judge
having charge of the ballots shall tearm from pad one ballot of
each kind that is to be voted, having the proper initials thereon,
and hand the same to the voter. Each ballot shall be removed
from the pad separately as required by each voter.
Subd. 2. Voters, marking ballots. One of the judges shall
instruct the voter as to the proper method of marking and folding
his ballots, and the voter shall then retire alone to an unoccupied
booth, and without undue delay the voter shall mark the baPots
as provided by law. The voter may take with him into the booth
sample ballots to assist in marking the official ballots.
Subd. 3. Sample ballots. Except that sample ballots may be
printed in newspapers as news matter, it is a misdemeanor to
print sample ballots on paper of the same color as any official bal-
lots. (204.09)
Source: Minn.St.1957, §§ 206.14, 206.22 and 206.23.
Comment: The provisions of subdivision 1 are taken from material
in source section 206.22 and 206.23 with no substantive change.
Subdivision 2 adopts in substance provisions from 206.23 and 206.14.
Subdivision 3 embodies the substance of a provision of 206.23. The
old section prohibits printing sample ballots on white, pink, canary,
or red paper, while the revised version simply prohibits using paper
the color of any official ballot.
6.067. Marking ballots, instructions. —The voter shall mark
and prepare each ballot in the following manner:
(a) The voter shall place a mark (X) in the square opposite
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CONDUCT OF ELECTIONS
the printed name of each candidate for whom he desires to vote,
and in the square before the "YES" or "NO" if he desires to vote
for or against any proposition.
(b) If he so desires, he may write other names in the blank
spaces provided therefor under the printed names of the candi-
dates, except that no names may be written in on primary elec-
tion ballots.
(c) If, at any primary election the voter votes for the candi-
dates of more than one party on the party ballot, that ballot is
void.
(d) When he has prepared his ballots, he shall fold each of
them separately so as to conceal the face and all marks thereon,
and so as to expose only the facsimile of the official signature and
the initials of the judges on the back of the ballot.
6.068. Ballots, deposit. Subdivision 1. Deposit in box —Hav-
ing withdrawn from the voting booth with his ballots, the voter
shall hand them to the judge in charge of the ballot boxes, and the
judge immediately shall deposit each ballot in the proper box.
Subd. 2. Ballots, secrecy. No entry or notation shall be made
in the register or otherwise showing to which political party any
voter belonged or which political party ballot he voted, nor shall
the judges knowingly permit any other person within the polling
place to make such an entry or notation.
Subd. 3. Ballots, identifying marks. No voter, judge, or any
other person may at any time place any mark as a means of
identification upon any ballot handed to or cast by any voter or
upon any spoiled or discarded ballots except the proper signature
and initials provided by law to be placed upon ballots.
Subd. 4. Ballots, challenge of. The voter and the ballots of
any absent voter at any time before the ballots have been deposit-
ed in the ballot boxes are subject to a challenge by the judges or
by any person who was not present at the time the voter procured
the ballots, but not otherwise. The question shall be determined
in the same manner as is provided for the challenge of voters, and
if the voter or the ballots of any absent voter are found to be dis-
qualified, the ballots so prepared shall be placed unopened among
the spoiled ballots.
Subd. 5. Voter to retire. Having cast his ballot, or his ballot
having been refused, the voter shall leave the polling place and not
11* return unless he is given permission to do so by all of the judges.
Subd. 6. Enforcement, violation, penalities. The judges shall
at all times observe and enforce the provisions of the Minnesota
Election Law. Violation of subdivision 3 or subdivision 4 of this
section is a gross misdemeanor. (204.11)
Comment: The judge, and not the voter, is the proper person to
deposit the ballots into the boxes.
Subdivisions 2, 3 and 6 embody the substance of a provision of
206.17.
The proper time to challenge a voter is when the voter obtains his
ballots. Afterwards, only the judges themselves or someone who was
not present previously can challenge the ballots. Also, it is just be-
fore the ballots are to be deposited in the boxes that the absent
voters' ballots are challenged.
Source: Minn.St.1957, §§ 206.18 and 206.22.
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CONDUCT OF ELECTIONS
Comment: This subdivision embodies the substance of the provi-
sions of 206.18 and 206.22 as they relate to spoiled ballots. Hereto-
fore, there has been confusion as to the difference between spoiled
and defective ballots. This section makes it clear that spoiled bal-
lots are never cast, rather they are returned to the judges for good
ballots, and the spoiled ballots are kept for the purpose of keeping
count of all the ballots furnished for the election. After a ballot is
cast it may be defective totally or in part.
6.070. Assistance to voters. Subdivision 1. Disability. —When
any voter states under oath that he cannot read English, or that
he is physically unable to mark his ballot, he may call to his aid
two of the judges, who shall mark his ballot as he desires and in
as secret a manner as circustances permit. When he also states
that he cannot speak the English language or understand it when
spoken, the judges may select two persons from different political
parties to act as interpreters, who shall take an oath similar to
that taken by the disabled voter prefers, he may call to his aid any
voter of the same precinct who, unaccompanied by a judge, shall
retire with him to one of the booths and mark the ballot for him,
but no one who aids a voter shall mark the ballots of more than
three voters at one election. Before his ballot is deposited, the
voter may show it privately to one of the judges to ascertain that
it is marked as directed. No judge or other person assisting a voter
may in any manner request, persuade, induce, or attempt to per-
suade or induce, the voter to vote for any particular political party
or candidate, but he shall mark the ballot as requested and may
not reveal to any other person the name of any candidate for whom
the voter has voted or anything that took place while so assisting
him.
Subd. 2. Disabled voter, assistance. The judges shall like-
wise assist a voter who is at the door of the polling place but who
is unable to enter because of physical disability; provided, how-
ever, that the for the purpose of this section, intoxication is not
physical disability, and a person who is intoxicated may not vote.
(204.13)
Source: Minn.St.1957. §§ 206.18 and 206.25.
Comment: Subdivision 1 departs from 206.18 in that a voter who
had someone else mark his ballot for him is permitted but not com-
pelled to show the ballot to a judge to ascertain that it was properly
marked. Formerly the voter had to show it to a judge if he could
not determine for himself. The commission determined that if a
voter placed sufficient trust in another to have that person mark has
ballot, then it is the voter's privilege to decide whether he wants a
judge to look at the ballot.
6.071. Voting, secrecy. —A voter may not divulge to any one
within the polling place the name of any candidate for whom he
intends to vote or has voted, and he may not ask for or receive
assistance in the preparation of his ballot from any one within the
polling place except as provided by law. If any voter, a°ter having
marked his ballot, shows it to any one except as provided by law,
the judges shall refuse to receive the ballot and shall place it
among the spoiled ballots. When the showing clearly has been in-
tentional, no other ballot may be delivered to the voter. (204.14)
Source: Minn.St.1957, § 206.19.
Comment: No substantive change.
6.072. Employees, time off to vote. —Every employee who is
entitled to vote at any election is entitled to absent himself from
work for the purpose of voting during the forenoon on each elec-
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CONDUCT OF ELECTIONS
tion day, without penalty or deduction from his salary or wages
on account of such absence. (204.15)
Source: Minn.St.1957, § 206.51.
Comment: No substantive change.
6.073. Challengers. Subdivision 1. Partisan. —At any elec-
tion where partisan offices are to be filled the chairman of an
authorized committee of each political party may appoint by writ-
ten certificate and the judges shall permit one voter for each pre-
cinct to be In the polling place while the election is being held and
to remain with the election board until the votes are canvassed
and the results declared, to act as challenger of voters.
Subd. 2. Non -partisan. At any election each non -partisan
candidate may appoint by written certificate, and the judges shall
permit, one voter for each precinct to be in the polling place while
the election is being held and to remain with the election board
until the votes are canvassed and the results declared, to act as
challenger of voters.
Subd.. 2. Non -partisan. At any election each non -partisan
candidate may appoint by written certificate, and the judges shall
permit, one voter for each precinct to be in the polling place while
the election is being held and to remain with the election board
until the votes are canvassed and the results declared, to ac as
challenger of voters.
Subd. 3. On proposition. At any election where a proposi-
tion is to be voted upon, the mayor of the municipality, upon a
written petition signed by at least 25 legal voters being presented
to him, shall appoint by written certificate and the judges shall
permit, one voter for each precinct to be in the polling place while
the election is being held and to remain with the election board
until the votes are canvassed and the results declared, to act as
challenger of voters. (204.16)
6.074. Challenges. Subdivision 1. Manner. —Each judge shall,
and any authorized challenger or other voter may, challenge any
person whom he knows or suspects not to be a qualified voter.
Subd. 2. Ground, oath. The challenger shall state the ground
for the challenge, and a judge shall administer to the challenged
person the following oath:
"Do you solemnly swear that you will fully and truly answer all
such questions that shall be put to you touching your qualifica-
tions as a voter at this election?"
The judge shall then ask the challenged person such questions as
tend to test his residence and his right to vote.
Subd. 3. Determination of residence. The judges, in deter-
mining the legal residence of any challenged person, shall be gov-
erned by the rules provided for the commissioner of registration
in the Minnesota Tlection Law; and if the challenged person by
his answers to the questions put to him reveals that he is not a
qualified voter, he may not be allowed to vote. If, after all ques-
tions have been answered, the challenge is not withdrawn, the
judges shall administer the following oath:
"Do you swear that you are a citizen of the United States; that
you are 21 years of age; that you have been a resident of this
state for six months immediately preceding this election, and an
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CONDUCT OF ELECTIONS
actual resident of this precinct for 30 days immediately preceding
this election; that you are a qualified voter in this precinct and
that you have not voted at this election?" After taking this oath,
he challenged person is entitled to vote.
Subd. 4. Challenged person may not vote, when. If the chal-
lenged person refuses to answer the questions put to him or to
take an oath, his name may not be placed upon the election regis-
ters, and he is not entitled to vote. The challenged person may
not leave the polling place and return later willing to answer
questions or take an oath. (204.17)
Source: Minn.St.1957, §§ 206.10 and 206.11.
Comment: Subdivision 1 and 2 embody the substance of provisions
of 206.10.
Subdivision 3 embodies the substance of a provision of 206.11.
In addition, instead of repeating the provisions of 201.32, the rules
governing the determination of residence, the revised law has placed
them in the chapter on registration, and they are adopted by refer-
ence in this subdivision.
Subdivision 4 embodies the substance of provisions of 206.10 and
206.11. It has been held from time to time that the election judges
are not triers of fact and that, therefore, they cannot refuse to per-
mit the vote of a person whom they believe has answered falsely as
to has qualifications, and rather, the only remedy is a prosecution
for perjury. Consequently this revision, as it relates to challenges,
has made it clear that only in the instance of a challenged person's
refusing to answer questions or to take an oath, or if in his answers
he has revealed his disqualification, then it is proper for the judges
to refuse the vote. It is likely that where the receiving of an absentee
voter's ballots Is challenged, the judges could decide whether to re-
ceive the vote by considering all the facts available to them. How-
ever. in their discretion the judges could withhold the challenged
absentee ballots, and wait for a post -election judicial determination
of the proper disposition of the ballots withheld.
6075. Returns of the election, tally books. Subdivision 1.
Tally books. —Except where voting machines are used, the official
charged with printing the ballots shall furnish two tally books
with returns for each precinct at the same time and in the same
manner as the ballots are furnished.
Subd. 2. Tally book, information required. The judges shall
fill out the tally book and returns in duplicate, and in suitable
spaces provided therefor they shall disclose the following infor-
mation:
(a) State of Minnesota, Tally Book and Returns for (Color)
Ballots, (number) Precinct, (number) Ward, of the (City) (Vil-
lage) (Town) of (Name) and the date and kind of election;
b) The office, name of candidates, and the number of votes
each candidate received;
(c) The number of persons who voted at the election in the
precinct, where there is permanent registration the number of
registered voters in the precinct, the total number of ballots
actually counted, the number of totally defective ballots, the num-
ber of ballots defective as to which offices, and the number of
persons who returned spoiled ballots and received other ballots;
(d) A certificate in substantially the following form: "We,
the undersigned judges of the (number) Precinct, (Number
Ward of the (City) (Village) (Town) of (Name), Minnesota
do hereby certify that all of the ballots cast at the (date and kind
of election) Election, were carefully and properly piled, checked,
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CONDUCT OF ELECTIONS
and counted, and that the number of votes marked opposite the
respective names of the candidates, correctly shows the number
of votes so cast. The national flag was displayed on a suitable
staff during all the hours of voting." The certificate shall be
signed by all members of the election board.
Subd. 3. Tally book and returns, primary election. The tally
book and returns for the primary election shall be in the same
form as the tally book and returns for the general election except
that a separate tally book and returns shall be provided for each
political party ballot and for the ballot of candidates to be nomi-
nated without party designation. The primary tally book and
returns shall be headed substantially as follows: "Tally Book
and Returns for (Name) Party, (number) Precinct, (number)
Ward, of the (City) (Village) (Town) of (Name), Primary
Election held (Date)."
Subd. 4. Tally book and returns, form. The secretary of
state shall prescribe the form for the tally book and returns, and
he may place thereon instructions for their use and such other
matter that is authorized by law to be printed on tally books and
returns. Any other official charged with furnishing tally books
and returns shall prepare them in the manner prescribed by the
secretary of state, so far as practicable. (204.18)
Source: Minn.St.1957, §§ 206.28-206.31, 206.33, and 206.46.
Comment: Subdivision 1 embodies the substance of a provision of
206.28. Since the tally book and returns are not used where voting
machines are used, the exception has been expressed in this subdivi-
sion.
The several sections of the law that prescribe in detail the proper
form for the tally book and returns have been eliminated as such.
The forms furnished under these sections are cumbersome and in-
efficient. The most important factor concerning the returns is: what
information is required to be given. Consequently this section and
particularly subdivision 2 spell out what must be given as the returns
of an election. The form is left to the discretion of the secretary of
state with the provision of the old law that all the other tally books
and returns must be the same as that furnished by the secretary of
state.
Subdivision 3 embodies the substance of 206.31.
Subdivision 4 embodies the substance of 206.30.
6.076. Canvass of votes. Subdivision 1. Procedure. — After
the polls close the judges shall immediately proceed to canvass the
votes oast at the election. The canvass shall be held at the polling
place and be public, and it shall be continued without intermission
until completed and the results declared, except that the judges
may take a temporary recess for meals or other necessary pur-
poses. During the canvass no person other than the judges may
handle the ballots.
Subd. 2. Ballots, order of canvass. The ballot boxes shall be
opened, the votes counted, and the results declared, one box at a
time in the following order: the white box, the pink box, the
canary box, the light green box, and other kinds of ballots voted
at the election. The returns may not be finally prepared until
the votes in all the boxes have been counted so as to allow correc-
tions in case any errors have occurred by reason of the deposit of
ballots in the wrong boxes.
Subd. 3. Primary ballots, manner of canvass. Primary elec-
tion ballots shall be canvassed in the same manner as general
131
CONDUCT OF ELECTIONS
election ballots, except that the judges shall take the ballots from
the boxes and count those cast for each political pasty and the
non -partisan candidates separately. (204.19)
6.077. Ballots, proper number. Subdivision 1. Counting.
The judges shall remove all the ballots from the box, and with-
out considering how the ballots are marked they shall ascertain
that each ballot is single, and count them to determine whether
the number of ballots corresponds with the number that the elec-
tion register or registration file shows were cast.
Subd. 2. Ballots, excess number. If two or more ballots are
found so folded together as to appear like a single ballot, the
judges shall lay them aside until all of the ballots in the box have
been counted; and if it is evident from the number that the elec-
tion register or registration file shows were cast that the ballots
folded together were cast by one voter, the judges shall preserve
but not count them. If there is an excess of ballots in one box,
the judges shall examin all the ballots in the box to ascertain
that all are properly marked with the initials of the judges, and
if any are not so marked, they shall preserve but not count them.
If there is still an excess of properly marked ballots, the judges
shall replace them in the box, and one judge, without looking,
shall withdraw from the box a number of ballots equal to the
excessive number, and the withdrawn ballots shall be preserved
but not counted.
Subd. 3. Ballots in wrong box. If the judges find ballots in
a ballot box that are different from the kind properly belonging
therein, they shall lay the different ballots aside. If the number
of ballots in any box equals or exceeds the number that the elec-
tion register or registration file shows were cast, then ballots
proper to have been placed therein, but found in another box,
may not be counted. But if the number is less than that shown
by the election register or registration file, and ballots properly
belonging in that box are found in another box, they shall be
counted the same as those in the proper box, but only to the ex-
tent of the deficiency and selected by lot when necessary.
Subd. 4. Ballots not counted, disposition. When the number
of ballots as finally counted agrees with the number that the
election register or registration file shows were cast, those bal-
lots not counted shall be attached to a certificate made by the
judges, stating why the ballots were not counted, and the cer-
tificate and uncounted ballots shall be sealed in a separate en-
velope and returned with the other returns to the officer from
whom they were received. (204.20)
Source: Minn.St.1957, gg 206.42-206.44.
Comment: Subdivision 1 embodies the substance of a provision of
206.42.
Subdivision 2 embodies in substance the procedure of source sec-
tion 206.42 for dealing with excess ballots. Where the old provision re-
quires the folded over ballots to be placed aside until all the ballots
of every kind are counted, the revised version directs the judges to
complete the count of that box and to continue in the manner pro-
vided in this subdivision.
sections 206.43 and 206.44 dealing with the same subject.
Subdivision 3 makes consistent the similar provisions of source
Subdivision 4 embodies the substance of a provision of 206.44.
132
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CONDUCT OF ELECTIONS
6.078. Counting ballots. Subdivision 1. Method. —The judges
shall take all the ballots of the same kind and count the votes cast
for the first office or proposition on the ballot by separating the
ballots into piles, one pile for each candidate who received votes
for that office, or one pile for the "Yens" votes and one pile for the
"No" votes if it is a proposition. The judges also may pile the
ballots that are blank or defective as to that office separately. Af-
ter the separation into piles, the judges shall examine each pile
and remove therefrom and place in the proper pile any ballots
that are found to be in the wrong pile. After the examination, the
judges shall count the ballots in each pile, and when their counts
agree, they shall announce the number of ballots in each pile, and
the number shall be written in the proper place on the tally books.
The judges may also pile ballots crosswise in groups of 25 in the
same pile so as to facilitate counting.
Subd. 2. Piling system. Each office and proposition on the
ballot shall be counted and canvassed in the manner provided in
subdivision 1 of this section.
Subd. 3. More than one to be elected, piling. Where more
than one person is to be elected to an office, the votes for that
office shall be counted and canvassed in the manner provided in
subdivision 1 of this section so far as practicable. (204.21)
Source: Minn.St.1957, § 206.46.
Comment: This section embodies the substance of provisions of
206.46. The commission determined that the so-called "piling" sys-
tem of counting ballots is superior to the "tallying" system, and ac-
by tallying, but its accuracy because of the cross-checks by the
The system requires considerably more handling of the ballots than
cordingly the directions for piling are set out in this subdivision.
judges is superior. While this subdivision fosters the piling system as
does the former section, it is expected that the municipal clerks will
be responsible for the orientation of election judges as to this system
where it has not been used.
6.079. Rules for counting ballots. —In counting ballots a bal-
lot may not be rejected for any technical error that does not make
it impossible to determine the voter's choice even though the bal-
lot may be slightly soiled or defaced. T11 ballots shall be counted
for the persons for whom they were intended, so far as the intent
can be clearly ascertained from the ballots themselves; and in
determining the intent the following rules are applicable and shall
be observed:
(a) When a voter has placed a mark (X) against two or more
names for the same office, where only one is to be elected, his
vote may not be counted for either candidate, but the rest of his
ballots shall be counted;
(b) When a voter has written the name of a person in the
proper place, his vote shall be counted for that person whether he
makes a mark (X) in the square opposite the blank line or not;
(c) When a voter has written the name of a person on a pri-
mary election ballot, the vote may not be counted for that office;
(d) When a mark (X) is made out of its proper place, but on or
so near a name or space as to indicate clearly that the voter in-
tended to mark the name, the vote shall be counted as so intended;
(e) When a number of persons are to be elected to the same
office, all cross marks in squares opposite names, not exceeding
the whole number to be elected, including written names, thereon,
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CONDUCT OF ELECTIONS
shall be counted. When less than the number to be electd are
marked, only those so marked shall be counted;
(f) The judges shall disregard misspelling or abbreviations
of the names of candidates, if it can be clearly ascertained from
the ballot for whom it was intended;
(g) When the judges can determine from a ballot the voter's
choice for only a part of the officers, the ballot shall be counted
for that part only;
(h) When a voter uniformly uses a mark other than (X) in
marking his ballot, clearly indicating his intent to mark against
a name, and does not use (X). anywhere else on the ballot his vote
shall be counted for each candidate so marked;
(i) When a ballot shows that marks have been made against
the names of two candidates, and an attempt made to erase or
bliterate one of the marks, it shall be counted for the candidate
for whom it was evidently intended;
(j) All ballots marked as hereinbefore provided shall be count-
ed for the candidates or proposition therein shown to be voted
for;
(k) When a ballot is so marked by distinguishing characteris-
tics that it is evident that the voter intended to identify his bal-
lot, the entire ballot is defecive;
(1) Whe nhe number of candidates is equal to the number to
be elected to an office, and the voter has not marked against any
name, no vote may be counted for that office. (204.22)
Source: Minn.St.1957, § 206.50.
Comment: This section embodies the substance of 206.50. In addi-
tion the section states clearly that a ballot with identifying marks is
void, as is implied in 206.17. The provision of 206.15 that soiled or
defaced ballots are not void as such, has been added to this section.
It is intended that election judges will use this section as a set of
rules by which to judge any questionable ballot.
6.08. Defective ballots, Subdivision 1. Marking; memoran-
dum. —A ballot so defective in whole or in part that it cannot be
counted by reason of inability of the judges to determine the intent
of the voter shall be marked on the back "Defective" or "Defec-
tive as to " naming the office as to which it is defective.
A memorandum of the number of defective ballots, and if defective
in part only, of the defective parts not counted, shall be made,
certified, and returned by the judges as part of the returns.
Subd. 2. Defective ballots, disposition. The defective ballots
shall be placed with those not defective, and all the ballots shall
be placed in the order they are read and canvassed, and they shall
be disposed of in the manner provided in section 204.24 for the
disposition of ballots. (204.23)
Source: Minn.St.1957, § 206.51.
Comment: This section embodies the substance of 206.51.
6081. Ballots, disposition. Subdivision 1. Envelopes — Ex-
cept in first cities and in counties having a population of 20.000 or
more, after the canvass has been completed and in the presence
of all the judges, the ballots cast shall be removed from the ballot
boxes and placed in envelope sand sealed. Gach judge shall write
his name upon the envelope over the sealed part in such a way
that the envelope cannot be opened without distrubing the con-
134
CONDUCT OF ELECTIONS
tinuity of the lines in the writing. The envelopes shall be of a
heavy paper reinforced by bloth at all folds, of the same color as
the ballots to be placed therein, and of a size suitable to hold all
the ballots without folding. The official charged with printing the
ballots shall furnish the envelopes required in this section. The
number of ballots in each envelope, the kind thereof, the name of
the town, village, or city, and the number of the precinct shall be
plainly written upon the envelopes. The unused and spoiled ballots
or returns may not be place in the envelopes.
8ubd. 2. Ballots, disposition, certain cities and counties. In
all first class cities and in counties having a population of 200,000
or more, after the canvass has been completed and in the presence
of all the judges, all the ballots of the same kind shall be strung
and fastened together into a single package by passing a sub-
stantial twine string through and around the ballots, tying the
ends of the string and sealing the same with wax over the knots
with a seal provided by the county auditor or the city clerk, as
the case may be. After the ballots have been so strung, fastened
and sealed, they shall be replaced in the proper ballot boxes in the
presence of all the judges, and each ballot box shall be locked
and then sealed by pasting a first paper across the lid and body
thereof in such manner that the box cannot be opened without
breaking the seal. Each judge shall write his name upon the
paper so that the signatures shall cross the opening between the
lid and the body of the box. Wherever box -car seals are used in
lieu of a lock and key the remaining seal provided for in section
204.04 shall be secured to the box in such a manner that the box
cannot be opened without breaking the seal. The unused and
spoiled ballots and the returns may not be placed in the ballot
boxes. (204.24)
Source: Minn.St.1957, §§ 206.47, 204.49.
Comment: Subdivision 1 embodies the substance of 206.47. Subdivi-
sion 2 embodies the substance of a provision of 206.49.
6.082. Summar statements. —After the canvass has been com-
pleted the judges in each precinct, in addition to the other forms
required, shall make a summary statement and two additional
copies thereof of the total numbers and kinds of each ballots
counted, and the total votes counted for each person for any of-
fice and for and against any proposition voted upon. The summary
statement shall be divided into two parts, the first part dealing
with the state, congressional, and presidential elections, and the
second part dealing with county and local elections. The secretary
of state shall prescribe the form for summary statements and
shall furnish to county auditors sufficient copies of the first part
to be distributed by the auditor with the other election maerials.
The county auditors shall print and furnish the second part of the
summary statement. The judges shall file one copy of the sum-
mary statement with the clerk of the municipality, and the other
two copies with the county auditor. The county auditor shall de-
liver to the secretary of state one copy of all the summary state-
ments received in the office of the county auditor. (204.25)
Source: Minn.St.1957, § 206.34.
Comment: Under 206.34, two summary statements are required,
one for the municipality and one for the county auditor's use. The
summary statements are not official returns, but rather are intended
to be for public inspection and use. The secretary of state has need
135
CONDUCT OF ELECTIONS
for the information contained in the summary statement, and under
he revised version of 206.34 the secretary will furnish at least that
part of the summary statement as concerns the state election with
carbon or other kinds of copies so that the judges will be required to
write the information only once. The form is left to the discretion
of the secretary of state.
6.083. Tally book and returns, disposition. Subdivision 1.
Envelope. —The judges in each precinct shall include one set of
the tally book and returns in each of two envelopes, and each en-
velope shall then be sewed by drawing twice through it and the
tally book and returns therein a substantial twine string and by
tying the ends of the string together and then sealing the en-
velope in three ploces with wax and stamp furnished by the coun-
ty auditor, one of the places to be over the knot in the string. The
Judges shall then endorse the envelope in substantially the fol-
lowing form: "Tally book and returns of the election pre-
cinct, (Town) (Village) or (City) of , in the County of
,State of Minnesota."
Subd. 2. Returns and materials, delivery. Except in first class
cities one of the judges in each precinct shall deliver one set of
the tally book and returns, all unused and spoiled white, pink, and
canary ballots, one summary statement, two election registers;
and the envelopes containing the white, pink, and canary ballots
to the county auditor at his office within 24 hours after the closing
of the polls. Another judge shall deliver the remaining set of the
tally hook returns, all unused and spoiled municipal ballots, the
remaining summary statement, the remaining election register, the
envelopes containing municipal ballots and all other things furn-
ished by the municipal clery, to the municipal clerk at his office
within 24 hours after the closing of the polls.
Subd. 3. Returns and materials, disposition, first class cities.
In all first class cities, two of the judges in each precinct shall de-
liver tally books and returns, the unused and spoiled ballots, the
summary statements, and the box containing the ballots to the
city clerk at his office within 24 hours after closing of the polls.
(204.26)
6.084. Ballots, returns, duties. Subdivision 1. County audi-
tor. —The auditor of every county shall remain in his office to re-
ceive delivery of the things required to be delivered to him, and to
permit public inspection of the summary statements, and to tabu-
late the votes until all have been tabulated and the results made
known, or until 24 hours have elapsed since the closing of the
polls, whichever occurs first. The county auditor shall file all en-
velopes containing ballots delivered to him in his office and shall
keep them in a safe place with seals unbroken unless previously
opened by proper authority for examination or recount, and in that
event, the auditor shall cause the envelopes to be sealed again
with the names of the persons making the inspection or recount
endorsed thereon. The envelopes may be opened by the county
canvassing board, if necessary to procure any election returns that
may inadvertently have been sealed up with the ballots by the
judges; and the envelopes shall be sealed again and endorsed in
the manner provided in this subdivision. Where ballots are strung
and replaced in the boxes, and the boxes are locked and sealed
with the ballots within, the ballots shall be stored in such manner
as to admit at all times of actual, visual inspection of the exterior
136
MUNICIPAL ELECTIONS
of the boxes, except that if the boxes are needed for use in another
election, the ballots may be withdrawn from the boxes and wrapped
and tied securely, and sealed and endorsed in the manner provided
in this subdivision.
Subd. 2. Clerk. The clerk of every first, second, and third
class city shall remain in his office to receive delivery of the things
required to be delivered to him, or until 24 hours have elapsed
since the closing of the polls, whichever occurs first. The clerk
of every first class city shall keep a book in which, in the presence
of the delivery judges, he shall make a record of all things deliv-
ered to him, and the time of delivery, and the names of the judges
so delivering them. The book shall be preserved in his offive for
the same period as the ballots. (204.27)
Source: Minn.St.1957, §§ 206.48 and 206.49.
Comment: Subdivision 1 embodies the substance of provisions of
206.34, 206.48 and 206.49. Section 206.49 requires ballots to be stored
in boxes, presumably for the entire period that they must be kept. In
some counties where this is done, and when the municipal election is
only a month after the general election, the municipalities are with-
out ballot boxes for their own election. Consequently the revised
version permits the boxes to be opened for another election and
directs that the ballots be kept in an equally secure manner.
Subdivision 2 embodies the substance of a provision of 206.35.
The requirement of keeping a record book of the articles delivered
is made applicable only to first class cities.
6.085. Noncompliance with law. Subdivision 1. Failure of
judges to make delivery. —Whenever the judges fail to make and
deliver returns as provided by law, the auditor or municipal clerk
to whom the returns should have been made shall dispatch a
special messenger to obtain them, and the messenger is entitled
to the same compensation as a judge for like service, and he is
subject to the same penalties.
Subd. 2. Irregularities, not fatal. An officer to whom election
returns are required to be made may not refuse to receive them
because they are returned or deliverd to him in any mannr other
than that prescribed by law, except that the returns must be seal-
ed. A canvassing board may not refuse to include any returns
in its canvass of votes on account of any informality in holding
the election or making returns thereof. All returns shall be re-
ceived and the votes canvassed by the canvassing board and in-
cluded inits statements where there is a substantial compliance
with the provisions of the Minnesota Election Law. (204.28)
ARTICLE VI
MUNICI PAL .ELECTIONS
MSA
205.01 Definitions.
205.02 Application
205.03 Hours for voting.
Subd.
1. Resolution.
2. Municipal elections, candidates, time for with-
drawal.
205.04 Australian ballots system.
205.05 Town and village elections, candidates, affidavits.
137
MUNICIPAL ELECTIONS
Subd.
1. Affidavits.
2. Ballots, preparation, posting.
205.06 Town and village elections, returns.
Subd.
1. Count, returns.
2. Town and village elections, canvass, results.
3. Certificate of election, contest, ballots.
205.07 Village election.
Subd.
1. Date.
2. Notice.
205.08 Special village election, petition, notice.
205.09 Village primary election.
Subd.
1. Procedure.
2. Primary election, time.
3. Primary election results, nomination.
365.50 First town meeting.
365.51 Annual town meeting, date of.
365.52 Special town meeting.
365.53 Notices -publication.
365.54 Organization of meeting; moderator.
365.55 Clerk of meeting.
365.56 Order of business.
365.57 Who may vote.
365.58 Meeting may be adjourned.
365.59 Failure to elect officers.
367.03 Officers elected at annual meeting -vacancies.
367.25 Oath of office; bond; filing; penalties.
Subd.
1. Requirement, fee.
2. Bond and oath, violations.
3. Oath, violations.
412.02 Village elections, offices, vancancies.
Subd.
1. Terms, vacancies.
2. Village elective officers.
3. Village judges and justices of the peace, terms not
affected.
6.086. Application. -Except as provided in this article all of
the provisions of the Minnesota Election Law are applicable to
municipal elections, so far as practicable. (205.02)
Source: Minn.St.1957, § 212.70.
Comment: Previously, miscellaneous provisions for first class city
elections were found among the general election laws. Certain provi-
sions of the general election laws were applicable to town elections.
Laws applicable to town elections were applicable to village elections.
General election laws were also applicable to cities of third and fourth
(and perhaps second) classes. And finally the charters of many cities
contain election laws that would supercede any provisions of the
general laws. This article is intended to govern all municipal elec-
tions, and this section makes the laws governing general elections ap-
plicable to all municipal elections, so far as practicable. Where
charter provisions are intended to be superceded by laws in this
article, it is so stated in the particular sections.
138
i
MUNICIPAL ELDCTIONS
6.087. Hours for voting. Subdivision 1. Resolution. —In all
municipal elections the governing body of any municipality, by
resolution adopted prior to the giving of notice of the election, may
designate the time, and in no event less than three hours, during
which the polls shall remain open for the next succeeding and
all subsequent municipal elections, until the resolution is revoked.
Subd. 2. Municipal elections, candidates, time for withdrawal.
In any municipality candidates for municipal elective offices may
withdraw from the election by filing an affidavit of withdrawal
with the clerk of the municipality until 12 o'clock Noon of the day
after the last day for filing affidavits of candidacy; and thereafter
no candidate may file an affidavit of withdrawal. (205.03)
Source: Minn.St.1957, § 206.01.
Comment: Subdivision 1 is taken from 206.1.
Subdivision 2 is not drawn from any prior statue. There is no
provision in the laws governing municipal elections for the time limit
on filing an affidavit of withdrawal by a candidate. The five days
the new provision in the revision that a candidate may not withdraw
after the last day for filing rule applicable to the state primary and
later than 28 days before the general election, should not be applied
to municipal elections because of the different time limits. There-
fore, the provision of subdivision 2 is intended to be applied in the
case of any municipal election, notwithstanding the provision of
any home rule charter.
6.088. Australian ballots system.—Tt every municipal election
in which officers are chosen or questions are determined, the vot-
ing shall be by secret ballot and according to the laws relating to
general elections, so far as practicable. (205.04)
Source: Minn.St.1957, §§ 212.11, 212.30 and 212.69.
Comment: In several sections of chapter 212 reference Is made
to the so-called Australian ballot system. Nowhere in the statutes
is the Australian ballot system defined. However, it is generally
understood to include a uniform ballot for all voters that insures the
secrecy of how each voter voted. The revised section is intended to
make it clear that the ballot and voting system used in the general
election is applicable to all municipal elections.
6.089. Town and village elections, candidates, affidavits. Sub-
division 1. Affidavits. —At every town and village regular and
primary election, candidates for offices shall file an affidavit of
candidacy not more than six nor less than four weeks before
the election with the town or village clerk as the case may be.
An application also may be signed by not less than five voters,
and filed on behalf of any qualified voter of the municipality whom
they desire to be a candidate; provided that service of a copy
of the application shall be made on the candidate and proof of
service endorsed on the application before filing. No affidavit or
application may be accepted by the proper officer until a fee of
two dollars is paid to him. The affidavit shall be substantially
the same as that required of candidates for state offices. Upon
receipt of the affidavit and filing fee, the clerk shall place the
candidate's name on the official ballot for the election.
Subd. 2. Ballots, preparation, posting. The town or village
clerk shall prepare and have printed at the expense of his munici-
pality the necessary tally books and returns and ballots for the
election. The ballots shall be printed on light green colored paper.
The ballots may not contain any partisan designation for any
candidate, and the names of the candidates for each offire shall
be arranged on the ballot alphabetically, according to the surname
139
MUNICIPAL ELECTIONS
of each candidate. A sample ballot shall be posted at every poll-
ing place and in the office of the clerk at least four days before
the election, by the clerk. (205.05)
Source: Minn.St.1957, § 212.31.
Comment: Subdivision 1 is taken from 212.31 and made applicable
to all village and town regular and primary elections. The filing fee
is made two dollars whether or not there Is a primary. The time
in which to file has been moved from "at least two weeks before the
election" to "not more than six nor less than four weeks before the
election." The effect of the revised law is that there is a first as well
as a last day for filing, and the officerwill know who the candidates
are a sufficient time before the election so that in case the election
corresponds in time to the general or primary election, the ballots
for the municipal election can be mailed to absent voters together
with the ballots for the state election.
Subdivision 2 changes the color of the ballot from yellow to light
green. With some municipal elections being held on the day of the
general election, there is likely to be some confusion between the
county and district canary ballot and the village and town yellow
ballot. In printer's terms, there 1s no difference in the two. All
municipal ballots will be light green including the city (formerly red)
ballots. The provisions of 212.31 that the ballot shall be printed
without the signature of the county auditor is eliminated and it is
expected that the ballot will conform in style to the general election
ballot and that the signature of the officer preparing it will appear
on the back of the ballot. There is no rotation of names on the town
and village ballots. The revised version requires posting a sample
four days before the election since the previous provision for posting
two days before the election made the day always fall on Sunday.
The ballot in addition to being posted at each polling place must be
posted in the office of the town or village clerk.
6.09. Town and village elections, returns. Subdivision 1.
Count, returns. —After the polls close, the Judges for town and
village elections shall forthwith count the votes cast, proclaim the
results, and record the same in a tally book provided for that pur-
pose. The tally book and returns and the ballots cast shall then
be returned to the clerk of the municipality.
Subd. 2. Town and village elections, canvass, results. Within
two days after the election the governing body of the municipality
shall meet as a canvassing board, and declare the results of the
election appearing from the returns. A plurality of votes shall
elect; and in case of a tie, the election shall be determined by lot
in the presence of the canvassing board and under its direction.
If a canvassing board adjourns without deciding the results of a
tie vote, any voter may demand, by notice in writing to the clerk
of the municipality, that the board meet and determine the
successful candidate by lot. Upon receiving such demand, the
clerk shall notify the candidates concerned of the time and place
of determining the tie, and the candidates or their representatives
may be present at the meeting of the board.
Subd. 3. Certificate of election, contest, ballots. After the
canvass is completed, the clerk of the municipality shall issue to
each successful candidate a certificate of his election; except that
no certificate may be issued until after the time for contesting
elections, and in case of a contest, the certificate may not be is-
sued until the contest has been determined by the proper court.
The clerk shall certify the results of the election to the county
auditor, and the clerk shall be the final custodian of the ballots
and the returns of the election. (205.06)
140
MUNICIPAL ELECTIONS
Source:
Subd. 1.—Minn.St.1957, § 212.36.
Subd. 2.—MinnSt.1957, §§ 212.22 and 212.36.
Subd. 3.—Minn.St.1957, §§ 212.16, 212.22, 212.23, 212.31, 212.32, 212.-
36, 212.38, 212.381, Subdivision 5.
Comment: Subdivision 1 is the same in substance as the general
election laws and is applicable to both town and village elections.
The separate provisions for canvassing town and village elections
have been combined in this subdivision 2. In addition a provision
has been added to take care of the case where the canvassing board
does not decide the results of a tie vote. Previously, if the board
adjourned without deciding a tie, another election would have to be
held.
Generally, the substance of provisions listed as the source of this
subdivision has been embodied in this subdivision. There is much
repetition among the several sections that has been omitted as un-
necessary. The revised version prohibits the issuance of a certificate
of election until the time for contest has expired. That this was
the law is not clear from reading the former sections.
6.091. Village election. Subdivision 1. Date. —The regular
village election shall be held annually on the first Tuesday after
the first Monday in December every year; except that the govern-
ing •body of every village may, by ordinance passed at a regular
meeting held before September 1, elect to hold the election on
the first Tuesday after the first Monday in November. Whenever
the time for holding the village election is changed, the village
clerk immediately shall notify in writing the county auditor and
secretary of state of the change of date; and thereafter the regular
village election shall be held on the first Tuesday after the first
Monday in November until the ordinance is revoked.
Subd. 2. Notice. The village clerk shall cause ten days' post-
ed notice and may also cause two weeks' published notice of the
annual village election to be given, specifying the time and place
thereof, the offices to be filled, and the questions, if any, to be de-
termined by vote. (205.07)
Source: Minn.St.1957, §§ 205.20, 212.35, Subdivision 1.
Comment: Subdivision 1 embodies in substance the provision of
source section 212.35, subd. 1. The revised version requires a change
of date for the annual village election to be made by ordinance so
as to require published notice of the change in the date. September
1 has been set as the date by which the ordinance must be passed
instead of the previous provision, . . 60 days prior to said
election."
Subdivision 2 embodies the substance of 205.20. The clerk instead
of the village council is now required to give the notice.
6.092. Special village election, petition, notice. —Special vil-
lage elections may be ordered by the village council upon its
own motion, or on a question that has not been submitted to
the voters in an election within six months previously, upon a
petition signed by a number of voters equal to 20 percent of the
votes cast at the last annual village election. At least ten days'
posted notice and two weeks' published notice of the election shall
be given by the clerk, clearly stating the questions to be deter-
mined. No question so submitted shall be deemed carried with-
out such a majority in its favor as may be required by law in the
particular instance. In case of a tie the proposal shall be deemed
to have failed. Otherwise the election shall be held in the same
manner provided for annual village elections. (205.08)
Source: Minn.St.1957, § 212.37.
Comment: This section changes the law so that instead of a peti-
141
MUNICIPAL ELECTIONS
tion signed by 60 voters being required to force a special election,
the petition now must be signed by 20 percent of the number voting
at the last annual village election. The commission determined that
because villages differ in size from the very small ones to the large,
suburban villages, a percentage of the village's voters would be a
more equitable requirement for calling a special election. Under the
50 voters provision, there would be some villages so small that the
voters could never force a special election. Considering the number
of persons who usually vote at the annual village election in propor-
tion to the number of inhabitants, the commission found that 20 per-
cent was a fair number for villages of every size.
6.093. Village primary election. Subdivision 1. Procedure.
Any village and any town containing a village may hold an elec-
tion of nominees hereinafter designated as the "primary election"
for the purpose of nominating candidates for village offices or
town offices, respectively, by adopting one of the following meth
ods:
(a) By resolution of four -fifths vote of the governing body
of the village or a two-thirds vote of the town board of
the town; or
(b) By a petition signed by at least ten percent of the voters
at the last regular municipal election, addressed to the
governing body of said village, or at least ten percent of
the voters of the town, addressed to the governing body
of the town, requesting that said governing body sub-
mit to the voters thereof the determination of the ques-
tion as to whether said village or own, as the case may
be, shall have a primary election system for the purpose
of nominating candidates for village offices of the vil-
lage or town offices of the town, at a special election to
be held for that purpose. Within 15 days after receiving
the petition, the governing body shall provide for the
special election and shall give ten days' posted notice and
two weeks' published notice thereof. The form of ques-
tion to be voted on shall be as follows: "Shall the Village
of adopt the primary election system for
the nomination of candidates for village offices (insert-
ing `town' for 'village' in the case of a town election)."
If a majority of the voters at the special election vote
in the affirmative, the primary election system shall be
deemed to be in force and effect in the village or town,
as the case may be.
A primary election system adopted either by resolution or vote
as provided in this section shall be in force until it is revoked in
the same manner in which it was first adopted.
Subd. 2. Primary election, time. The primary election shall
be held not less than 10 days nor more than 14 days preceding
the village election, and the time shall be determined by the gov-
erning body; except that whenever the annual village election is
to be held on the day of the state general election, the governing
body may provid that the village primary election shall be held
on the day of the state primary election. The governing body of
any village holding its annual election on the first Tuesday after
the first Monday in December may provide that the village pri-
mary election shall be held on the first Tuesday after the first
Monday in November. The village clerk shall give notice of the
4
142
MUNICIPAL ELECTIONS
village primary election in the same manner provided for notice
of the annual village election.
Subd. 3. Primary election results, nomination. The judges
of election shall certify the results of the primary election to the
governing body of the municipality, which shall worthwith can-
vas the vote and shall issue certificates for each office receiving
the highest number of votes, and their names shall be placed on
the official ballot for the regular election without payment of an
additional fee. (205.09)
Source: Minn.St.1957, § 212.381, Subdivisions 1 and 2.
Comment: By the terms of 212.381, only certain villages and towns
could adopt a primary election system. It is probable, however, that
others not prescribed in 212.381 have primary elections under the
terms of that section. The revised version permits any village and
towns containing villages to adopt a primary election system by ei-
ther of two methods. The provision for discontinuing the primary In
the same manner In which it was adopted did not exist in the former
section. The notice provisions have been revised to conform with the
general notice provisions for village elections.
Subdivision 2 embodies the substance of provisions of 212.381, sub-
division 2. The optional dates for holding the primary have been en-
larged, and the notice provisions were made to conform with notice
provisions for the annual village election.
Subdivision 3 embodies the substance of provisions of 212.381,
Subdivision 2. The special filing provisions for candidates at the
primary have been eliminated, and candidates for the primary file in
the same manner as candidates for the regular village or town elec-
tion.
6.095. First town meeting. —The first town meeting in each
new town shall be held within 20 days after it is organized, at a
time and place to be designated by the county board, and the
county auditor shall cause ten days' posted notice thereof to be
given in each such town. The voters present at such meeting,
between 9:00 A.M. and 10:00 A.M. or such other time as shall be
set by the town board, shall choose one of their number as mod-
erator, two others as judges of election, and one as clerk who shall
severally take and subscribe the oath required of judges of a gen-
eral election, which may be administered to the judges by the
moderator, and to the moderator by one of the judges. They shall
thereupon conduct the proceedings of such meeting, and the voters
shall possess the same powers as at other town meets. (365.50)
Source: Minn.St.1957, § 212.01.
Comment: The provisions of sections 365.50-365.59 are removed
from the election laws and transferred to Chapter 365 which governs
the organization of towns. There have been no substantive changes,
but some obsolete provisions are eliminated. In this section and an-
other, the time for holding the town meeting is changed so that the
town board can set a time different from the usual 9:00 A.M. to 10:00
A.M. if it is desired.
6.096. Annual town meeting, date of. —There shall be an annual
town meeting held in each town on the second Tuesday of March
at the place of holding the last town meeting, or at such other
place in the town, or in a city or village within or adjoining the
same, designated by the annual town meeting. The clerk shall give
ten days' published notice in a qualified newspaper having gen-
eral circulation within the town, or by posted notice, or both, as
the voters at the annual town meeting may direct, specifying the
time and place, but if the town meeting shall fail to direct the
manner of giving such notice, the town board shall direct the
manner of giving notice and all town officers required by law to
be elected shall be chosen thereat, and such other business done
143
1
MUNICIPAL ELECTIONS
as is by law required or permitted. (365.51)
Source: Minn.St.1957, § 212.02.
Comment: No substantive change.
6.0961, Special town meetings. —A special town meeting may
be held for the purpose of election to fill a vacancy when the town
board has failed to fill the vacancy by appointment, or for trans-
acting any other lawful business whenever the supervisors, town
clerk, and justices of the peace, or any two of them, together with
at least 12 other freeholders of the town, file in the office of the
town clerk a written statement setting forth the reasons and
necessity for such meeting and the particular business to be
transacted thereat and that the interest of the town require that
such meeting be held. (365.52)
Source: Minn.St.1957. § 21203.
Comment: The language, . when the town board has
failed to fill the vacancy by appointment," is new and was added to
take care of the inconsistency between this section and 367.03 that
says the town board is to fill vacancies by appointment.
6.0962. Notices —publication. —When such statement is so filed,
the clerk shall record the same, and cause ten days' posted notice
thereof to be given, specifying the purpose for which it is to be
held, and if a newspaper is published in the town cause one weeks'
published notice of such meeting to be given. If a vacancy in an
office is to be filled, the notice shall specify in what office it exists,
how it occurred, who was the last incumbent, and when the legal
term of such office expires. (365.53)
Source: Minn.St.1957, § 212.04.
Comment: No substantive change.
60963. Organization of meeting; moderator. — The voters
present between 9:00 A.M. and 10:00 A.M. or such other time as
shall be set by the town board on the day of the annual or any
special town meeting shall be called to order by the town clerk,
if present; if not, the voters present may elect a chairman by ac-
clamation. They shall then in the same manner choose a moderator
of such town meeting. The moderator may be paid $2.50 for such
work, or such amount as may be allowed by the town board.
(365.54)
Source: Minn.St.1957, § 212.05.
Comment: The time for calling the meeting to order is changed so
that the town may set a time different from 9:00 A.M. and 10:00 A.M.
if it is desired. The second subdivision of this section was eliminated
as being unnecessary.
6.0964. Clerk of meeting. —The town clerk shall be clerk of
the town meeting, and keep full minutes of its proceedings, in
which he shall enter at length every order or direction and all
rules and regulations made by the meeting. If the town clerk is
absent, the voters present shall elect a clerk of the meeting. The
minutes of such meeting shall be subscribed by the clerk of the
meeting and judges, and filed in the office of the town clerk within
two days after the meeting. (365.55)
Source: Minn.St.1957, § 212.06.
Comment: No substantive change.
6.0965. Order of business. —At the opening of every town meet-
ing the moderator shall state the business to be transacted, which
in case of a special meeting shall be limited to the business speci-
i
144
MUNICIPAL ELECTIONS
fled in the notice of such meeting, and the order in which it will
be entertained and no proposition to vote a tax shall be acted on
out of the order of business stated by the moderator; and no
proposition to reconsider any vote shall be entertained at any
town meeting unless made within one half hour from the time
such vote was passed, or the motion for such reconsideration is
sustained by a number of voters equal to a majority of all the
names entered upon the election register at such election up to
the time such motion is made; and all questions upon motions
made at town meetings shall be determined by a majority of the
electors voting, and the moderator shall ascertain and declare the
result on each such question. (365.56)
Source: MinnSt.1957, § 212.07.
Comment: No substantive change.
6.0966. Who may vote. —Every person qualified to vote at a
general election may vote at any town meeting in the town where
he resides. If a voter is challenged, the judges shall proceed there-
upon as in the case of challenges at a general election, adopting
the oath to the circumstances of the case. (365.57)
Source: Minn.St.1957, § 212.08.
Comment: No substantive change.
6.0967, Meetings may be adjourned. —Any town meeting may
be adjourned to any other day, and from time to time, for the pur-
pose of transacting any business of the town except the election
of officers. (365.58)
Source: Minn.St.1957, § 212.18.
Comment: No substantive change.
6.0968. Failure to elect officers. —When any town fails to or-
ganize or to elect town officers at the time fixed by law, 12 free-
holders thereof may call a town meeting for such purpose by
giving ten days' posted notice thereof, setting forth its time, place
and object. If no such notice is given in such case within 30 days
after the time for holding annual town meetings, the county board,
on the affidavit of any freeholder of such town, filed with the
county auditor, setting forth the facts, shall appoint officers for
such town, who shall have all the powers of officers duly elected,
and shall hold their offices until their successors qualify. (365.59)
Source: Minn.St.1957, § 212.19.
Comment: No substantive change.
6.0969. Officers elected at annual meeting —Vacancies. Sub-
division 1. Officers, terms. —There shall be elected in each town
three supervisors as provided in this section. Where a new town
has been or may be organized and supervisors have been or may
be elected for such town at a town meeting prior to the annual
town meeting, such supervisors shall serve only until the next
annual town meeting at which meeting three supervisors shall
be elected, one for three years, one for two years, and one for
one year, so that the term of one shall expire each year. The
number of years for which each is elected shall be indicated on
the ballot. Tt all other annual town meetings one supervisor shall
be elected for three years to fill the place of the one whose term
expires at that time. There shall also be electd at ach annual
town meeting one town clerk, one treasurer, one assessor, two
justices of the peace, and two constables. Each of these officers
145
MUNICIPAL ELECTIONS
shall hold office for a term of two years and until their successors
are elected and qualified. The town assessor shall be elected in
odd -numbered years except in towns operating under special laws.
All terms shall commence on the first secular day of April follow-
ing the election except when a vacancy has been filled.
Subd. 2. Vacancies. When a vacancy occurs in any town
office the town board shall fill the same by appointment. The
person so appointed shall hold his office until the next annual town
meeting and until his successor qualifies; provided, that a vacan-
cy in the office of supervisor shall be filled by the remaining super-
visors and the town clerk until the next annual town meeting,
when his successor shall be elected to hold for the unexpired
term. (367.03)
Source: Minn.St.1957, §§ 212.20, 367.03.
Comment: Subdivision 1 is taken from 212.20, is revised to be
brought up to date, and is replaced in chapter 367 with other provi-
sions relating to town government. The direction to elect one over-
seer of roads as provided by section 163.07, is eliminated in accord-
ance with an agreement with the Highway Laws Commission, as that
part of the highway laws has been substantially revised, and the
overseer of roads will be eliminated.
There has been no change in the terms of 367.03. For the purposes
of recodifying, 367.03 is made the second subdivision of this section.
6.0970. Oath of office; bond; filing; penalties. Subdivision 1.
Requirements, fee. —Every person elected or appointed to a town
office, within ten days after receiving a certificate or notice of his
election or appointment, shall take and subscribe the oath required
by law. If taken before the town clerk or a justice of the peace,
such oath shall be administered and certified without fee.
Subd. 2. Bond and oath, violations. Before entering upon
his duties, the person taking the oath shall file the same with the
town clerk. Failure to file his oath and bond within the time re-
quired shall be deemed a refusal to serve.
Subd. 3. Oath, violations. Any town officer who enters upon
the duties of his office before taking the oath required shall for-
feit to the town the sum of $50.00. (367.25)
Source: MinnSt.1957, 41i 212.24, 212.25, 212.27.
Comment: No substantive change.
6.0971. Village elections, officers, vacancies. Subdivision 1.
Terms, vacancies. —Village elective officers shall consist of the
following: in every village, the mayor and two constables; in
every village where a municipal court has been organized, munici-
pal judges as provided by law, and in every other village, two
justices of the peace; in villages operating under the standard
plan of village government, the clerk, treasurer, three trustees
and, if the village is a separate assessment district, an assessor;
and in villages operating under an optional plan of village gov-
ernment, four trustees. Municipal judges shall serve for terms
of four years, trustees for terms of three years, and all other
officers for terms of two years, each commencing on the first
business day of January following the election at which the
officer is chosen. All officers chosen and qualified as such shall
hold office until their successors qualify. Vacancies in office shall
be filled for the remainder of the term by the council; in case of a
tie, the mayor shall fill the vacancy by appointment for the unex-
146
VOTING MACHINES
pired term. When a vacancy in the office of assessor is not filled
by appointment as provided in this section before the first day of
May following its occurrence, the county auditor shall appoint
some resident of the county as assessor for such village.
Subd. 2. Village elective officers. The mayor, one constable,
one trustee, and, if elective, the treasurer, shall be elected in each
odd -numbered year. One constable, one trustee, and, if elective,
the assessor and clerk shall be elected in each even-numbred
year; and an additional trustee shall be elected every third year
in every village operating under an optional plan of government.
Terms of present incumbents not conforming to this subdivision
shall be extended for one year.
Subd. 3. Village judges and justices of the peace, terms not
affected. The existing succession of terms of municipal judges
and justices of the peace shall be continued, and their successors
thrir espciv rmseitep
shall be elected at the village election preceding the expiration of
their respective terms. (412.02)
Source: Minn.St.1957, §§ 212.34, 212.35, subds. 2, 3.
Comment: This section is taken out of the Minnesota Election
Law and replaced in the village code, unchanged. The commission,
acting under authority, recommends that this section be assigned the
code number of Section 412.02. The original 412.02 was repealed in
1949, and that number can be re -assigned.
ARTICLE VII
VOTING MACHINES
Note: Laws pertaining to voting machines will not be included in
this Manual until their use is more extensive.
ARTICLE VIII
ABSENT AND DISABLED VOTERS
MSA.
207.01 Definitions.
207.02 Voting by mall.
207.03 Application for ballots.
207.04 County auditor to be supplied with ballots.
207.05 Applications filed with auditor; delivery of ballots.
Subd.
1. Application, delivery.
2. Air mail.
3. Priority in mailing.
4. Restrictions.
207.06 Fees.
207.07 Auditor may employ additional help.
207.08 "Return" and "ballot" envelopes, "directions to voters."
207.09 Application to be certified and sealed.
207.10 Voter to mail ballot.
207.11 Judges to receive and count ballots.
207.12 Clerk to notify postoffice of precinct addresses.
207.13 County auditor to prepare applications.
207.14 Violations.
207.15 Disposition of fees.
207.16 Declaration of policy.
207.17 Application of Minnesota election law.
147
"APPLICATION FOR BALLOTS
207.18. Armed forces defined.
207.19 Registration; request; ballot.
207.20 County auditor; duties.
207.21 Affidavit, how executed.
207.22 Ballot conform to provisions of the Minnesota election law.
207.23 Return of ballot.
207.24 Cast of ballot in person, effect.
207.25 Death of voter.
207.26 Separate record.
207.27 No time limit.
207.28 Expense chargeable to general revenue.
207.29 Provisions exclusive.
6.0972. Voting by mail. —Any person entitled to vote at any
general election, any primary election, any city election, or any
village or town election in villages or towns operating under the
"Australian Ballot System," who is absent on the day such election
is held from the precinct in which he is entitled to vote, or who
by reason of illness or physical disability or because of religious
discipline or observance of a religious holiday is unable to go to
the polling place of such precinct, may vote therein by having his
ballot delivered by mail to the election board of such precinct
on the day of such election, by complying with the provisions of
this article. No person residing in a municipality now or hereafter
having permanent registration of voters, as provided by article II,
shall be permitted to so vote unless he has registered as a voter
in accordance with such provisions. (207.02)
6.0973. Application for ballots. —At any time not more than
45 days or less than one day before the day of holding any election,
any person may make application in writing subscribed by him to
the auditor of the county in which he is a resident for ballots and
envelopes, by mailing to or filing with such auditor an application
substantially in the following form:
"APPLICATION FOR BALLOTS
The undersigned, a duly qualified voter in the County of
State of Minnesota, residing at (here insert
street and number) in said city, village or town, because of (ab-
sence from home) (illness) , (physi-
cal disability) , (because of religious discipline or
observance of a religious holiday) hereby makes application for
the ballots to be voted upon in said precinct at the next election.
Please mail said ballots and accompanying envelope to me at
(insert post office address to which to be sent)
Dated , 19....
(Signature of Applicant)"
Any person who shall wilfully make or sign any false cer-
tificates specified herein; any person who shall wilfully make
any false or untrue statement in any "Application for Ballots";
any person who shall wilfully exhibit to any other person any
ballot marked by him; any person who shall in any way wilfully
do any act contrary to the terms and provisions of this article
with intent to cast an illegal vote in any precinct or to aid an-
other in so doing shall be guilty of a felony. (207.03),
148
"APPLICATION FOR BALLOTS"
6.0974. Judges to receive and count ballots. —The judges in
the several precincts at any election shall receive all ballots
delivered to them on election day by officers or employees of
the United States postoffice department in due course of the
business of that department and as herein provided, and deposit
the same in the appropriate ballot box provided that they are
satisfied that the person is a voter in such precinct and entitled
to vote therein at such election; provided, further, that the con-
ditions precedent hereinafter set forth, exist. Ballots so deposited
shall be counted, canvassed and returned in the same manner and
shall be given the same force and effect as the votes of other duly
qualified voters who vote in person.
Upon a "Return Envelope" being delivered to the judges they
shall open the same in such a manner as not to cut or mutilate
the contents or deface or damage certificate or the signatures
thereto on the outside thereof. Theypihall compare the signature
of the voter on the outside of the "Return Envelope" with the
signature on the "Application for Ballots" delivered to them as
provided herein. If the judges or a majority of them, shall be
satisfied that the signature of the voter subscribed to the "Voter's
Certificate" is the genuine signature of the person who made the
"Application for Ballots," and if the signature of the voter has
been properly authenticated as prescribed in the "Directions to
Voters" set forth in this article, the judges, or one or more of
them shall write the word "Received" on such "Ballot Gnvelope"
and under such word his or their name or initials, provided that
in municipalities in which registration of voters is required
such ballots shall not be so marked unless the voter mailing in
such ballots has been theretofore duly registered in such pre-
cinct, nor shall said ballots be so marked with the word "Re-
ceived" if it appears from the registration file that such voter
has already voted at such election, either in person or by mail.
If the ballots are not received for the reason that the voter has
failed to comply with the requirements herein set forth or has
previously voted at such election, then such "Ballot Envelope"
shall be marked "Rejected" and placed in the "Return Envelope"
and place with and returned to the county auditor with the unused
ballots. No person who voted by mail as herein provided shall be
permitted to thereafter vote in person in the same election.
If the "Ballot Envelope" Is marked with the word "Received"
as herein provided, the judges in charge of the register shall
make an appropriate notation on the register of voters indicat-
ing that the voter has voted by mail; this shall be done by plac-
ing the letters "V.M." in the appropriate column opposite the
voter's name.
The "Ballot Envelope" marked "Received" as aforesaid shall
be carefully kept by the judges until the closing of the polls on
the election day, but before any of the ballot boxes are opened,
at which time the said "Ballot Envelope" shall be opened and the
ballots therein taken therefrom and deposited by the judges in
the proper ballot box. If there be more than one ballot of any
kind enclosed in said "Ballot Envelope," then and in such case
neither of such ballots of such kind shall be deposited in the
ballot box, but all such kinds shall be placed with the spoiled
149
PRESIDENTIAL ELECTORS
ballots and returned as is provided for by law with reference to
such spoiled ballots. The judges before depositing said ballots
in the ballot boxes shall write their initials thereon in the same
manner as is provided by law with reference to ballots delivered
by them to voters in person. (207.11)
6.0975. Clerk to notify postoffice of precinct addresses. —It shall
be the duty of the clerk of each municipality having more than
two voting precincts therein to furnish to the postmaster of said
municipality, at least two days before the day on which any elec-
tion is held, a certified tabulated list of the polling places in each
of the precincts of the municipality, describing the same by ward
and precinct number and opposite each such description shall be
set forth the respective location by street and number, of such
polling place, this for the guidance of postoffice employees in de-
livering the "Return Envelopes." (207.12)
Source: Minn.St.1957, § 203.11.
6.0976. Violations. —Any person who shall wilfully make or
sign any false certificates specified herein; any person who shall
wilfully make any false or untrue statement in any "Tpplication
for Ballots"; any person who shall wilfully exhibit to any other
person any ballot marked by him; any person who shall in any
way wilfully do any act contrary to the terms and provisions of this
article with intent to cast an illegal vote in any precinct or to aid
another so doing shall be guilty of a felony. (207.14)
Source: Minn.St.1957, § 203.13.
6.0977. Disposition of fees. —In the case of city elections in all
cities, or village elections in all villages operating under the
"Australian Ballot System," voter's applications for ballots shall be
filed with the city or village clerk, no fees shall be required to be
paid therefor, and the duties prescribed in this Part for the coun-
ty auditor shall be performed by the city or village clerk, provided,
however, that such duties may be, upon agreement, combined and
performed by one of such officers. The cost of carrying out the
provisions of this article for any such city or village election shall
be paid by the city or village in which the same is held. (207.15)
Source: Minn.St.1957, § 203.14.
ARTICLE IX
PRESIDENTIAL ELECTORS
Sec.
208.01 Definitions.
208.02 Election of presidential electors.
208.03 Nomination of presidential electors.
208.04 Preparation of ballots.
208.05 State canvassing board.
208.06 Electors to meet at capitol —filling of vacancies.
208.07 Certificate of electors.
208.08 Electors to meet at state capitol.
ARTICLE X
ELECTION CONTEST
Sec.
209.01 Definitions.
209.02 Who may institute contest.
150
ELECTION CONTEST
209.03 Watchers for ballot boxes.
209.04 Candidate may file contest —notice.
209.05 Inspection of ballots.
209.06 Trial.
209.07 Conduct of contest.
209.08 Voter may contest election.
209.09 Inspection of ballots.
209.10 Appeal —bond.
209.11 Determination of contest.
6.0978. Who may institute contest. —Any 25 voters of the state,
or of any political subdivision thereof, may contest the right of
any person to nomination, position, or office for which these voters
had the right to vote, on the ground of deliberate, serious, and
material violation of the provisions of the Minnesota Glection Law
or of any other provisions of law relating to nominations and elec-
tions. Any defeated candidate for a nomination, position, or office
may make the contest. The proceeding shall be commenced by
petition filed in the district court of the county in which the candi-
date whose election is contested resides, and the contest shall be
carried on according to law. (209.02)
In case of contest over nomination, the court shall pronounce
whether the incumbent or contestant was duly nominated, and
the person so declared nominated shall have his name printed on
the official ballots. Laws 1959, c. 675, art. X, § 2.
Source: Minn.St.1957, § 208.01.
8.0979. Watchers for ballot boxes. —In counties having a popula-
tion of 200,000 or more, and in all cities of the first class any candi-
date for office at any election, upon demand made upon the cus-
todian of the ballots, shall be entitled, either by himself, or his
duly authorized agent, or agents, not exceeding two at any one
time, to maintain continuous, visual watch over these boxes at all
hours of the day and night until the expiration of the time for
instituting contests; and, in case of the instituting of contest or
contests, either party to such contest, upon demand upon he cus-
todian of the ballots and upon notice to the opposing party to such
contest, shall be entitled by himself, or his duly authorized agent
or agents, not exceeding two at any one time, to maintain an actual,
visual watch over such ballot boxes at all hours of the day and
night. In event of such demand, either by candidate or party to a
contest, the custodian of such ballots shall be authorized to ap-
point some suitable person as watchman over such ballot boxes
during such hours as he shall deem necessary, in order to prevent
leaving the same in the sole custody of such candidate or con-
testant, or his agent or agents. (209.03)
Source: Minn.St.1957, § 208.02.
6.0980. Voter may contest election. —Any voter may contest
the election of any person for or against whom he had the right
to vote, who is declared elected to a state, county or municipal
or other question submitted to popular vote, by proceeding as
office, or the declared result upon a constitutional amendment
follows: He shall file with the clerk of the district court of the
county of his residence, within ten days after the canvass is
completed a written notice of contest, specifying the points upon
which the contest will be made, and cause a copy thereof to be
151
PENAL PROVISIONS
served within said period upon the contestee and upon the official
authorized to issue the certificate of election, when the contest
relates to the election of an officer, upon the secretary of state
when it is a matter submitted to popular vote which affects the
entire state, or any subdivision thereof larger than a county, upon
the auditor when it affects a single county, and in all cases upon
the municipality affected. In case of a contest as to a state office,
the notice may be filed in any district court of the state, but the
plce of trial may be changed as in civil actions. When the con-
testee desires to offer testimony on points not specified in con-
testant's notice, he shall file and serve on the contestant notice
thereof speciiying such additional points. Such notices shall be
treated as the pleadings in the case, and may be amended in the
discretion of the court. All notices provided for herein shall be
served in such manner and within such times as the court may
by order direct, and the testimony shall be taken, and the matter
tried and determined, in the same manner as such actions are
tried by the court, at a general or special term, if any, occurring
within 30 days after such canvass. When no term is already fixed,
the judge shall seasonably appoint a special term to be held with-
in such time. (209.03)
Source: Minn.St.1957, § 208.07.
ARTICLE XI
PENAL PROVISIONS
6.0981. False registration. —Every person who causes or at-
tempts to cause his name to be registered in more than one district,
or in any district, knowing that he is not a qualified voter thereof, or
who fa.sely represents himself to be a person other than be is,
when attempting to register for the purpose of voting at any elec-
tion, or when applying for a ballot or offering his ballot to be
deposited in a ballot box, or when offering to vote by means of a
voting machine or otherwise, whether the person he represents
himself to be is living or dead, or a fictitious person, and every
person who aids, abets, counsels, or procures any ot.hFr person to
do any of the acts herein mentioned, shall be guilty of a felony.
(210.02)
6.0982. Offering duplicate ballots. —Every person who wrong-
fully delivers to a judge, to be placed in a box, more than one
ballot of the same kind and color, or who fraudulently puts a ballot
into any box, or who, not being a qualified voter, votes at any elec-
tion with unlawful intent, or who votes more than once at the same
election, or who procures, aids, assists, or advises another to go
into any county, town or district for the purpose of voting, know-
ing that such person is not qualified to vote therein, shall be
guilty of a felony. (210.03)
6.0983. Bribery. Every person who wilfully, directly or indi-
rectly pays, gives, or lends any money or other thing of value, or
who offers, promises, or endeavors to procure any money, place,
employment, or other valuable consideration, to or for any voter,
or to or for any other person in order to induce any voter to re-
frain from voting or to vote in any particular way at any election
shall be guilty of a felony. (210.04)
152
PENAL PROVISIONS
6.0984. Advancing money unlawfully. —Every person who direct-
ly or indirectly advances, pays, contributes, furnishes, or pledges any
valuable thing or consideration, or causes the same to be done,
to or for the use of any other person, with the intent that such
advancement, payment, contribution, pledge, or any part thereo"..
shall be expended or used in bribery at any election, or in fulfill-
ment of any promised bribe, shall be guilty of a felony. (210.05)
6.0985. Coercing voters. —Every judge, clerk, officer, or other
person, who, within or without any polling place, directly or indi-
rectly uses or threaten to use any force, violence, or restraint, or
causes or threatens to cause any damage, harm, or loss to any
person, with intent to induce, or in any way attempts to induce
or compel, such person, or any other person, to vote or refrain
from voting at any election, or to vote in any particular way, or
who within any polling room or in any booth or room connected
therewith, or within 100 feet from the entrance to any such polling
place, asks, pursuades, or endeavors to persuade any person to
vote for or against any particular candidate, partly, or proposition,
or who, by abduction, duress, or any fraudulent device or contri-
vance, impedes or prevents the free exercise of the franchise at
any election, or who, by any such means, compels, induces, or
prevails upon any voter either to give or refrain from giving his
vote at any election, shall be guilty of a gross misdemeanor. (210.06)
6.10. Defacing poll lists —removing ballots. —Every person who
tears down, mutilates, defaces, or otherwise injures any list of
names or cards of instructions to voters posted or otherwise placed
outside or inside of any polling place or booth by any board of
registration or other official, or who, before the closing of the polls,
removes from the polling place any ballots printed for use at such
election, or any supplies or conveniences placed in or about any
booth for the use of voters in preparing their ballots, shall be
guilty of a gross misdemeanor. (210.07)
6.11. Damaging election equipment. —Every person who shall
wilfully take or carry away from any polling place, or deface,
mutilate, damage, or add to any ballot, list, or election register or
any name or figure therein, shall be guilty of a felony. (210.08)
6.12. Failure to deliver certificate of nomination. —Every secre-
tary of a delegate convention who fails or neglects to immediately
deliver, to the officer charged with the printing of the bai'ots upon
which the name of a candidate of such convention is to be placed.
the certificate of nomination of such candidate, shall be guilty of
a misdemeanor. (210.09)
6.13. Negligence in printing of ballots. —Every person author-
ized to print, or employed in printing, official ballots, who know-
ingly gives or delivers any of such ballots to. or knowingly per-
mits any of the same to be taken by, any person other than the
official under whose direction they are being printed. or knowingly
prints or causes or permits to be printed any other ballot in a form
other than that prescribed by law, or with any other names there-
on, or with the names spelled or the names of officers arranged
thereon in any way other than that authorized and directed by
said official, shall be guilty of a felony. (210.10)
153
PENAL PROVISIONS
6.14. Defamatory circulars. —Every person who writes, prints,
posts, or distributes, or causes to be written, printed, posted, or
distributed, any circular, poster, or other written or printed matter,
which is designed or tends to injure or defeat any candidate for
nomination or election to a public office by reflecting on his per-
sonal or political character or acts, shall be guilty of a gross mis-
demeanor. (210.11)
6.15. Refusing employee election privilege. —Every person who
as principal or as an official or agent of any other person, shall
directly or indirectly refuse, abridge, or in any manner interfere
with any of the election privileges or immunities of any employee
of himself or his principal, shall be guilty of a misdemeanor. (210.12)
6.16. Ballots to be handled by election officials. —Every person,
except a judge, who during any canvass of votes shall handle,
touch, or interfere with any of the ballots being convassed, and
every judge or clerk permitting the same to be done, shall be guilty
of a misdemeanor. (210.13)
6.17. Mismarking ballots. Every election official or other per-
son who marks the ballot of any voter, except in the cages and in
the manner provided by law, or who informs any person other
than such voter how any such ballot was marked, shall be guilty
of a gross misdemeanor. (210.14)
6.18. Neglect of election officials. —Every election officer or
other person required by law to safely keep and produce on election
day the ballots intrusted to him, or to perform any other act, who
wilfully fails or refuses to do the thing so required, or who is re-
quired by law to abstain from any act, and wilfully does such act,
or who in either of such cases is guilty of any fraud, corruption,
partially or misbehavior in conducting or aiding in the e'nduct of
any election, or in canvassing or making returns of votes, or who
wrongfully refuses to make or deliver any certificate of election,
or who falsely or corruptly performs any required act, the punish-
ment whereof has not been otherwise expressly provided for by
law, shall be guilty of a felony. (210.15)
6.19. Duty to deliver returns. —Every messenger appointed by
authority of law to receive and carry a report, certificate, or certi-
fied copy of any statement relating to the result of any election,
who shall wilfully mutilate, tear, deface, obliterate, or destroy the
same, or do any other act which shall prevent the delivery of it as
required by law, and every other person who shall accept or take
away from such messenger any such report, certificate, or copy,
with intent to prevent its delivery, or who shall wilfully do any
injury or act herein specified, shall be guilty of a felony. (210.16)
NOTE: MSA 210.16—.21 provides penalties for unlawful contri-
butions, expenditures and failure of campaign treasurers to keep
accounts.
154
CHAPTER IV. -TAXATION.
I. —GENERAL PROVISIONS.
7.00. Property subject to taxation. —All real and personal prop-
erty in this state, and all personal property of persons residing
therein, including the property of corporations, banks, banking
companies, and bankers, is taxable, except such as is by law exempt
from taxation. (272.01)
7.01. Property exempt from taxation. —All property described
in this section to the extent herein limited shall be exempt from
taxation, to -wit:
(1) All public burying grounds.
(2) All public school houses.
(3) All public hospitals.
(4) All academies, colleges, and universities, and all seminar-
ies of learning.
(5) All churches, church property and houses of worship.
(6) Institutions of purely public charity.
(7) All public property exclusively used for any public pur-
pose.
(8) (a) Personal property of every household of the value of
$100.00. The county auditor shall deduct such exemption from
the total valuation of such property as equalized by the tax com-
missioner assessed to such household, and extend the levy of taxes
upon the remainder only. The term 'household' as used in this
section is defined to be domestic establishment maintained either
(1) by two or more persons living together within the same house
or place of abode, subsisting in common and constituting a do-
mestic or family relationship, or (2) by one person.
(b) During the period of his active service and for six months
after his discharge therefrom, no member of the armed forces of
the United States shall lose status of a householder under para-
graph (a) hereof which he had immediately prior to becoming a
member of the armed forces.
(c) In case there is an assessment against more than one
member of a household the $100.00 exemption shall be divided
among the members assessed in the proportion that the assessed
value of the personal property of each bears to the total assessed
value of the personal property of all members assessed. The per-
sonal property of each household claimed to be exempt shall be
limited to property in one taxing district, except in those cases
where a single domestic establishment is maintained in two or
more adjoining districts. (272.02)
(9) Volunteer fire department property tax exempt. —The
property of any volunteer fire department used exclusively for
the prevention of and protection from fire to the property of
the community is declared to be public property used for essential
public and governmental purposes, and such property of the volun-
teer fire department shall be exempt from all taxes and special
assessments of the city. the county, the state, or any political sub-
division thereof. (272.021)
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TAXATION
7.02. Certain bonds and certificates of indebtedness exempt. —
That bonds and certificates of indebtedness hereafter issued by the
state of Minnesota, or by any county, city or village of said state,
or any township, or any common or independent school district of
said state, or any governmental board of the state, or any county,
city or village thereof, shall hereafter be exempt from taxation,
provided that nothing herein contained shall be construed as ex-
empting such bonds from the payment of a tax thereon, as provided
by chapter 291.01, when any of such bonds constitute in whole
or in part any inheritance or bequest, taken or received by any
person or persons or corporation. (272.02)
7.03. Definition —Real Property. —For the purposes of taxation,
real property includes the land itself, and all buildings, structures,
and improvements or other fixtures on it, and all rights and priv-
ileges belonging or appertaining to it, and all mines, minerals,
quarries, fossils, and trees on or under it. (272.03 Subd. 1)
7.04. Mineral, gas, coal, oil, eta —Whenever any mineral,
gas, coal, oil, or other similar interests in real estate are owned
separately and apart from and independently of the rights and in-
terests owned in the surface of such real estate, such mineral, gas,
coal, oil or other similar interests may be assessed and taxed sep-
arately from such surface rights and interests in said real estate
and may be sold for taxes in the same manner and with the same
effect as other interests in real estate are sold for taxes. (272.04)
7.05. Personal property. —Personal property for the purposes
of taxation, includes:
1. All goods, chattels, moneys and effects.
2. All ships. boats and vessels belonging to inhabitants of this
state, and all capital invested therein.
3. All improvements upon land the fee of which is vested
in the United States, and all improvements upon land the title to
which is vested in any corporation whose property is not subject
to the same mode and rule of taxation as other property.
4. All stock of nurserymen, growing or otherwise.
5. All gas, electric and water mains, pipes, conduits, sub-
ways, poles and wires of gas, electric light, water, heat or power
companies, and all tracks, roads and bridges, conduits, poles and
wires of street railway, plank road, gravel road, turnpike and
bridges companies.
6. All credits over and above debts owed by the creditor.
7. Tho income of every annuity, unless the capital of the
annuity is taxed within this state.
8. All public stocks and securities.
9. All personal estate of moneyed corporations, whether the
owners thereof reside within or without of the state.
10. All shares in foreign corporations owned by residents of
this state, and
11. All shares in banks organized under the laws of the United
States or of this state. (272.03 Subd. 2)
7.06. Other definitions. —In the construction of this chapter,
the following rules shall be observed, unless such construction
156
ASSESSMENT
would be inconsistent with the manifest intention of the legisla-
ture, or repugnant to the context:
1. "Money" or "moneys" means gold and silver coins,
treasury notes, bank notes and other forms of currency in common
nee, and every deposit which any person owning the same, or
holding in trust and residing in this state, is entitled to withdraw
in money on demand.
2. "Credits" includes every claim and demand for money or
other valuable thing, and every annuity or sum of money receiv-
able at stated periods, due or to become due, and all claims and
demands secured by deed or mortgage, due or to become due, upon
which the mortgage registration tax has not been paid, and all
shares of stock in corporations 75 per cent or more of the real or
tangible personal property of which is not taxable in this state.
3. "Tract." "lot," "parcel" and "piece or parcel' of land shall
each mean any contiguous quantity of land in the possession of,
owned by, or recorded as the property of, the same claimant, or
person.
4. "Town" or "district" means town, village, city, or ward,
as the case may be.
5. "True and full value" means the usual selling price at
the place where the property to which the term is applied shall he
at the time of assessment; being the price which could be obtained
therefor at private sale, and not at forced or auction sale.
6. "Person" includes Iirm, company or corporation.
7. "Merchant" includes every person who owns, or has in
his possession or subject to his control, with authority to sell the
same, any goods, merchandise, or other personal property, within
the state, purchased within or without the state with a view to sale
at an advanced price or profit, or which has been consigned to him
from any place out of the state for sale within the state.
8. "Manufacturer" includes every person who purchases, re-
ceives, or holds personal property of any description for the pur-
pose of adding to its value by any process of manufacturing, re-
fining, rectifying or by the combination of different materials, with
a view of making gain or profit thereby. (272.03 Subd. 4 to 11)
7.07. Abbreviations. —In all proceedings under chapters 270
to 284 ranges, townships, sections, or parts of a section, blocks,
lots, or parcels of lots, and dollars and cents may be designated
by initial letters, abbreviations, and figures; but the abbreviation
"do" or "ditto marks," shall be used, only as to the name of the
owner, addition or subdivision. (272.031)
II. LISTING AND ASSESSMENT —REAL PROPERTY.
7.08. Listing and assessment —Time. —All real property sub-
ject to taxation shall be listed and assessed every even -numbered
year with reference to its value on May first preceding the assess-
ment, and all real property becoming taxable any intervening year
shall be listed and assessed with reference to its value on May first
of that y ear. Real property containing iror ore, the fee to which is
owned by the State of Minnesota, shall, ,f leased by the state
after May first in any year, be subject to assessment for that year
on the value of any iron ore removed under said lease prior to May
157
ASSESSMENT
first of the following year. Personal property shall be listed and
assessed annually with reference to its value on May first; and,
if acquired on that day, shall be listed by or for the person acquir-
ing it. (273.01)
7.09. County auditor to provide assessment books —Assessor's
meetings —Duties of tax commission —Per diem of assessors. —
The county auditor shall annually provide the necessary assessment
books and blanks at the expense of the county, for and to corres-
pond with each assessment district. • • ■ The assessment books
and blanks shall be in readiness for delivery to the assessor on or
before the third Monday in April of each year.
The asessors and at least one member of each local board
of review shall meet at the office of the county auditor on a
day to be fived by the Commissioner of Taxation for the purpose
of receiving instructions as to their duties under the laws of the
state. Each assessor and board of review member attending such
meetings shall receive as compensation for such service the sum
of six dollars per day for each day necessarily consumed in at-
tenuing said meeting and mileage at the rate of five cents per mile
for each mile necessarily traveled in going from his home to and
returning from the county seat to be computed by the usually
traveled route and paid out of the county treasury upon the warrant
of the county auditor. (273.03)
7.10.—Compensation of assessor. —In all towns and cities other
than cities of the first class and cities having home rule charters
authorizing compensation in excess of that permitted by this sec-
tion which are situated in counties having not less than 450,000
inhabitants and an assessed valuation, including money and credits,
of more than $450,000,000, the assessor and each deputy assessor
of each such town and city, shall be entitled to a rate of com-
pensation established by the governing body, of not less than $7.50
and not more than $12.50 for each day's service necessarily render-
ed by him, not exceeding 120 days in any one year, and mileage at
the rate of seven cents per mile for each mile necessarily traveled
by him in going to and returning from the county seat of such
county to attend any meeting of the assessors of such county which
may be legally called by the commissioner of taxation and also for
each mile necessarily traveled by him in making his return of as-
sessment to the proper officer of such county. When the county au-
ditor or county supervisor of assessors shall direct an assessor to
perform work additional to the work performed within the 120-day
period, the assessor shall be paid for such additional work at the
rate of $1.20 per hour, but not to exceed $200 in addition to com-
pensation herein -before provided. When the county auditor or
county supervisor of assessors shall instruct an assessor to per-
form work in addition to the 120-day period and where the as-
sessor has exceeded an amount of $200 in addition to the compensa-
tion provided for work performed outside of the 120-day period,
such assessor shall be reimbursed at the rate of $1.20 per hour by
the county auditor from county funds.
The duties of the assessor in shuch towns and cities shall be as
now prescribed by law, and shall be performed between the first
Monday in April and the last Monday in July in each year. (273.04)
7.11. Bond and oath by assessors. —Every person elected or
158
ASSESSMENT
appointed to the office of assessor, at or before the time of receiving
the assessment books, shall file with the county auditor his bond to
the state to be approved by the auditor in the penal sum of ;500,
conditioned for the diligent, faithful, and impartial performance of
the duties enjoined on him by law. Failure to give bond or to take
the oath within the time prescribed shall be deemed a refusal to
serve. (273.05)
7.12. Deputy assessors. —Any assessor who deems it necessary
to enable him to complete the listing and valuation of the property
of his town or district within the time prescribed, with the approba-
tion of the county auditor, may appoint a well -qualified citizen of
his town or district to act as his assistant or deputy, and may assign
to him such portion of his district as he thinks proper. Each assist-
ant so appointed, after giving bond and taking the required oath,
shall perform, under the direction of the assessor, all the duties
imposed upon assessors by this chapter. (273.06)
NOTE: Each county not employing a county assessor shall have
a supervisor of assessments. He shall call upon and confer with town-
ship, borough, village and city assessors; assist and instruct local
assessors and require their attendance at ... meetings. When county
assessor is appointed the duties of the duly elected or appointed
local assessor shall be to view and appraise value of property as
provided by law (§ 7.13, etc.) but count assessor shall do all book
work. See (§ 273.071) for particulars.
7.13. Assessor's duties. — The assessor shall perform his
duties during April, May and June of each year, except in cases
otherwise provided and in the manner following. He shall actu-
ally view, when practicable, and determine the true and full value
of each tract or lot of real property listed for taxation, and shall
enter the value thereof, including the value of all improvements
and structures thereon, opposite each description. He shall make
an alphabetical list of the names of all persons in his town or
district liable to an assessment of personal property, and shall call
at the office or place of business or residence of each person
required by this chapter to list property, and shall list his name,
and shall require each person to make and deliver a correct list
and statement of such property, according to the prescribed form,
which shall be subscribed and sworn to by the person listing;
and the assessor shall thereupon determine the value of the prop-
erty in such statement, and enter the same in his assessment
books, opposite the name of the person assessed, with the name and
post office address of the person listing the property; and, if such
person reside in a city, the street and number, or other brief de-
scription of his residence or place of business. If any property is
listed or assessed on or after the fourth Monday of June, and
before the return of the assessor's books, the same shall be as
legal and binding as if listed and assessed before that time.
(273.08)
7.14. To tate number of school district. — When assessing
personal property the assessor shall designate the number of the
school district in which each person assessed is liable for tax, by
writing the number of the district opposite each assessment in a
column provided for that purpose in the assessment book. When
the personal property of any person is assessable in several school
districts the amount in each shall be assessed separately, and the
name of the owner placed opposite each amount. (273.10)
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ASSESSMENT
7.15. Valuation of property. —All property shall be assessed at
its true and full value in money. In determining such value, the
assessor shall not adopt a lower or different standard of value
because the same is to serve as a basis of taxation, nor shall he
adopt as a criterion of value the price for which the said property
would sell at auction or at a forced sale, or in the aggregate with
all the property in the town or district; but he shall value each
article or description of property by itself; and at such sum or price
as he believes the same to be fairly worth in money. In assessing
any tract or lot of real property, the value of the land exclusive of
structures and improvements shall be determined, and also the
value of all structures and improvements thereon, and the aggre-
gate value of the property, including all structures and improve-
ments, excluding the value of crops growing upon cultivated land.
In valuing real property upon which there is a mine or quarry, the
same shall be valued at such price as such property, including the
mine or quarry, would sell for at a fair, voluntary sale, for cash.
Taxable leasehold estates shall be valued at such a price as they
would bring at a fair, voluntary sale for cash. Money, whether in
possession or on deposit, shall be entered in the statement at the
full amount thereof. Every credit for a sum certain, payable either
in money, property of any kind, labor, or services, shall be valued
at the full price of the same so payable; if for a specific article,
or for a specified number or quantity of any article of property, or
for a certain amount of labor, or for services of any kind, it shall
be valued at the current price of such property, or for such labor
or service, at the place where payable. (273.11)
7.16. Factors to be considered. — It shall be the duty of
every assessor and board, in determining the value of lands for
the purpose of taxation and in fixing the assessed value thereof,
to consider and give due weight to every element and factor
affecting the market value thereof, including its location with
reference to roads and streets and the location of roads and streets
thereon or over the same, and to take into consideration a reduc-
tion in the acreage of each tract or lot sufficient to cover the
amount of land actually used for any improved public highway and
the reduction in area of land caused thereby. It shall be the duty
of every assessor and board in determining the value of lands for
the purpose of taxation and in fixing the assessed value thereof,
to consider and give due weight to lands which are comparable in
character, quality and location, to the end that all lands similarly
located and improved will be assessed upon a uniform basis and
without discrimination. (273.12)
7.17. Classification of property —What percentages of full and
true value to be assessed. —All real and personal property subject
to a general property tax and not subject to any gross earnings or
other lieu tax is hereby classified for purposes of taxation as
provided by this section.
Subd. 2—Class 1. Iron ore whether mined or unmined shall
constitute class Jne (1) and shall be valued and assessed at fifty
(50) per cent of its true and full value. If unmined, it shall be as-
sessed with and .ts a part of the real estate in which it is located,
but at the rate aforesaid. Iron ore which either (a) is mined by
underground methods and placed in stockpile subsequent to Aug-
ust first of a calendar year and prior to the next succeeding May
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ASSESSMENT
first which contains phosphorus in excess of .180 per cent, dried
analysis, or which is classified by the iron ore trade as silicious
manganiferous, Mesabi Bessemer, or Mesabi non -Bessemer ore, or
(b) is mined by open -pit method, and in accordance with good
engineering and metallurgical practice, requires concentration
other than crushing or screening or both to make it suitable tor
commercial blast furnace use, and which is so concentrated and
placed in stockpile subsequent to August first of a calendar year
and prior to the next succeeding May first, for two taxable years
after being mined only, shall be listed and assessed in the taxing
district where mined at the same amount per ton as it would be
assessed if still unmined, and thereafter such ore in stockpiles
shall be valued and assessed as mined iron ore, as otherwise pro-
vided by law. The real estate in which iron ore is located, other
than the ore, shall be classified and assessed in accordance with
the provisions of classes three (3), three b (3b) and four (4) as the
case may be. In assessing any tract or lot of real estate in which
iron ore is known to exist the assessable value of the ore ext,:usive
of the land in which it is located, and the assessed value of the
land exclusive of the ore located shall be determined and set down
separately and the aggregate of the two shall be assessed against
the tract or lot.
Class la. All direct products of the blast and open hearth
furnaces that are utilized in the form produced and are not further
processed, shall constitute class la and shall be valued and assessed
at 15 per cent of the full and true value thereof.
Subd. 3—Cla3s 2. All household goods and furniture, including
clocks, musical instruments, sewing machines, wearing apparel of
members of the family, and all personal property actually used by
the owner for personal and domestic purposes, or for the furnish-
ing or equipment of the family residence, shall constitute class
two (2) and shall be valued and assessed at twenty-five (25) per
cent of the full and true value thereof.
Subd. 4 Class 3. All agricultural products, except as provided
by class three "a", (3a) and class (3d), stocks of merchandise of all
sorts together with the furniture and fixtures used therewith,
manufacturers' materials and manufactured articles, all tools, im-
plements and machinery whether fixtures .1r otherwise, except as
provided by class three "d" and all real estate which is rural in
character and devoted or adaptable to rural, but not necessarily
agricultural, in use, except as provided by classes one (1), three "b"
(3b) three "e" (3e), and all buildings and structures assessed as
personal property and situated upon land of the State of Minnesota
or the United States Government which is rural in character and
devoted or adaptable to rural but not necessarily agricultural use,
shall constitute v thss three (3) and shall be valued and assessed
at thirty-three and one-third (331) per cent of the true and full
value thereof. (273.13 Subd. 4)
Subd. 5 Class 3a All agricultural products in the hands of the
producer, shall constitute class 3a and shall bt, valued and assess-
ed at ten (10) per .ent of the full and true value thereof. Wine
processed in this state and in the possessiori of the producer and
held in storage under bond to the United States government, shall
be classed as agricultural products for the purposes of this act.
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ASSESSMENT
Subd. 6. Class 3b. All real estate which is rural in char-
acter and devoted or adaptable to rural but not necessarily
agricultural use, except as provided by class one hereof, and which
is used for the purposes of a homestead, shall constitute class three
"b" and shall be valued and assessed at 20 per cent of the full and
true value thereof. If the full and true value is in excess of the sum
of $4,000, the amount in excess of that sum shall be valued and
assessed as provided for by class 3. The first $4,000 full and true
value of each tract of real estate which is rural in character and
devoted or adaptable to rural but not necessarily agricultural use,
used .or the purpose of a homestead shall be exempt from taxation
for state purposes; except that the first $4,000 full and true value
shall remain subject to and be taxed (1) for the purpose of raising
funds for the discharge of any and all state indebtedness incurred
prior to and existing at the time of the passage of this section, and
(2) for the purpose of raising funds for the discharge of any and all
state indebtedness incurred prior to and existing at the time of
the passage of this act under a law which subjects such real estate
to taxation notwithstanding the provisions of this subdivision.
(273.13) Class 3cc
Subd. 7. Class 3c. Class 3cc. All other real estate, except as
provided by class one, and class 3cc, which is used for the :purposes
of a homestead, shall constitute class 3c and shall be valued and
assessed at 25 per cent of the full and true value thereof. If the full
and true value is in excess of the sum of $4,000, the amount in ex-
cess of that sum shall be valued and assessed as provided for by
class four. The first $4,000 full and true value of each tract of such
real estate used for the purposes of a homestead shall be exempt
from taxation for state purposes; except that the first $4,000 full
and true value shall remain subject to and be taxed (1) for the pur-
pose of raising funds for the discharge of any and all state indebt-
edness incurred prior to and existing at the time of the passage of
this section, and (2) for the purpose of raising funds for the dis-
charge of any and all state indebtedness incurred prior to and
existing at the time of the passage of this act under a law which
subjects such real estate to taxation notwithstanding the provisions
of this subdivision.
All real estate which is used for the purl oses of a homestead
by any person (hereinafter referred to as veteran) who served in
the active military or naval service of the United States and who
is entitled to compensation under the laws and regulations of the
United States for permanent and total service -connected disability
due to the loss, or loss of use, by reason of amputation, ankylosis,
progressive muscular dystrophies, or paralysis, of both lower ex-
tremities, such as to preclude motion without the aid of braces,
crutches, canes, or a wheel chair, and who with assistance by the
administration of veteran affairs has acquired a special housing
unit with special fixtures or movable facilities made necessary
by the nature of the veteran's disability, shall constitute class 3cc
and shall be valued and assessed at five per cent of the full and
true value thereof. If the full and true value is in excess of the
sum of $8,000, the amount in excess of that sum shall be valued
and assessed as provided for by class four.
Subd. 7a. For the purpose of determinism salaries of all of-
ficials based on assessed valuations and of determining tax limit-
ations now established by statute or by charter. class 3b and class
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ASSESSMENT
3c property shall be figured at 331 per cent and 40 per cent of
the full and true value thereof, respectively.
Subd. 8. Class 3d. Livestock, poultry, all horses, mules and
asses used exclusively for agricultural purposes, all agricultural
tools, implements, and machinery used by the owner in any agri-
cultural pursuit shall constitute class 3d, and shall be valued and
assessed at 20 per cent of the full and true value thereof.
Subd. 8a. Class 3e. Real estate, rural in character, and used
exclusively for the purpose of growing trees for timber, lumber,
wood and wood products shall constitute class three "e", and shall
be valued and assessed at 20 per cent of the full and true value
thereof. (273.13 Subd. 8a)
Subd. 9. Class 4. All property not included in the preced-
ing classes shall constitute class four (4) and shall be valued and
assessed at forty (40) per cent of the full and true value thereof.
Subd. 10. Real estate actually occupied and used for the
purpose of a homestead by any person entering the service of the
armed forces of the United States, if such entry took place on or
after July 1, 1940. shall, notwithstanding the removal therefrom
of such person and his family, be classified in class 3b or 3c, as
the case may be, provided, that absence of the owner therefrom
is solely by reason of service in the armed forces, and that he
intends to return thereto as soon as'discharged or relieved from
such service, and claims it as his homestead. Every person who,
for the purpose of obtaining or aiding another in obtaining any
benefit under this subdivision, shall knowingly make or submit to
any assessor any affidavit or other statement which is false in any
material matter shall be guilty of a felony.
Subd. 11. The assessor may require proof, by affidavit or
otherwise, of the facts upon which classification as a homestead
may be determined under the provisions of subdivision 6, 7 and
10 of this section.
Subd. 12. Real estate purchased for occupancy as a home-
stead shall be classified in class 3b or 3c, as the case may be
where the purchaser is prevented from obtaining possession on
May 1 next following the purchase by reason of federal or state
rent control. laws or regulations. The assessor shall require proof
by affidavit from the purchaser of the existence of the facts en-
titling the purchaser to benefits under this section. (273.13)
Subd. 13. Property used for refinery purposes. — All real and
personal property which is used for the purposes of any refinery
for processing crude petroleum or any derivatives thereof, which
is subject to a general property tax, shall be classified for pur-
poses of taxation as follows: All such real property of any
such refinery shall be valued and assessed at 27 per cent of the
full and true value thereof and all such personal property of any
such refinery shall be valued and assessed at 17 per cent of the
full and true value thereof. (273.13)
7.170. Veteran's bonus, property tax.—Subd. 1. For the pur-
pose of supplying deficiencies in the veterans compensation fund
needed for the payment of the principal of the bonds authorized by
this act and the interest thereon arising in any fiscal year from the
163
ASSESSMENT
insufficiency of the proceeds of the taxes otherwise levied by this
act, there is hereby levied upon all the taxable property in the
state, including, notwithstanding the provisions of Minnesota Stat-
utes 1945, Section 273.13, Subdivisions 6 and 7, all real property
which is used for the purposes of a homestead, a tax sufficient to
produce the amount of such deficiency, which the state auditor is
hereby authorized and directed to cause to be extended and col-
lected in the manner in which other state taxes upon real and
personal property are extended and collected, to be included in
the levies spread upon the tax rolls for the year in which such
fiscal year ends, plus such additional amounts sufficient to produce
such sums as may be necessary to pay the interest upon certificates
of indebtedness issued pursuant to the provisions of this section.
The proceeds of such tax levies and of the sale of certiflcates of
indebtedness issued hereunder shall be credited to the veterans
compensation fund. After any certificates of indebtedness have
been issued hereunder, the state treasurer and the state auditor
shall segregate and retain in a separate account in the veterans
compensation fund out of the proceeds of the tax levies made pur-
suant to this subdivision, all thereof levied for the payment of in-
terest on such certificates and as much as may be necessary of
the levies specifically pledged for the payment of the principal
of the respective certificates of indebtedness, and shall disburse
the same only in payment of the principal and interest on such
certificates of indebtedness, and such moneys are hereby appro-
priated for such purposes. Any moneys remaining in the veterans
compensation fund after full payment of all certificates of indebted-
ness issued under this section and interest thereon shall be avail-
able for the purposes for which the moneys in the veterans com-
pensation fund are appropriated by this act. (273.131)
7.171. Property usedfor refinery purposes. —All real and per-
sonal property which is used for the purposes of any refinery for
processing crude petroleum or any derivatives thereof, which is
subject to a general property tax, shall be classified for purposes
for taxation as follows: All such real property of any such refinery
shall be valued and assessed at 27 per cent of the full and true
value thereof and all such personal property of any such refinery
shall be valued and assessed at 17 per cent of the full and true
value thereof. (273.12 Subd. 13)
7.18. Duties of assessors in odd -numbered years as to real
property. —In every odd numbered year, at the time of assessing
personal property, the assessor shall also assess all real property
that may have become subject to taxation since the last previous
assessment, including all real property platted since the last real
estate assessment in the even numbered year. and all buildings or
other structures of any kind, whether completed or in process
of construction, of over one hundred dollars in value, the value
of which has not been previously added to or included in the valua-
tion of the land on which they have been erected. He
shall make return thereof to the county auditor with his re-
turn of personal property. showing the tract or lot on which
each structure has been erected. and the true value added thereto
by such erection. Every assessor shall list, without revaluing, in
each odd numbered year, on a form to be prescribed by the Minne-
sota tax commissioner, all parcels of land that shall have become
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PERSONAL PROPERTY
homesteads or shall have ceased to be homesteads for taxation
purposes since the last real estate assessment. The county auditor
shall note such change in the assessed valuation upon the tax
lists, caused by a change in classification and shall calculate the
taxes for such odd numbered year on such changed valuation. In
case of the destruction by fire, flood or otherwise, of any building
or structure, over one hundred dollars in value, which has been
erected previous to the last valuation of the land on which it
stood, or the value of which has been added to any former valua-
tion, the assessor shall determine, as nearly as practicable, how
much less such land would sell for at private sale in consequence
of such destruction, and make return thereof to the auditor. [1994,
1940 Supplement] (273.17)
7.19. Assessment of exempt property. —In the year 1926, and
every sixth year thereafter, the county auditor shall enter in a
separate place in the real estate assessment books the description
of each tract of real property exempt by law from taxation, with
the name of the owner, if known, and the assessor shall value and
assess the same in the same manner that other real property is
valued and assessed, and shall designate in each case the purpose
for which the property is used. [1995] 273.18)
7.20. Lessees and equitable owners. —Property held under a
lease for a term of three or more years, or under a contract for the
purchase thereof, when the property belongs to the state, or to any
religious, scientific, or benevolent society or institution, incor-
porated or unincorporated, or to any railroad company or other cor-
poration whose property is not taxed in the same manner as other
property, or when the property is school or other state lands, shall
be considered, for all purposes of taxation, as the property of the
person so holding the same. (273.19)
7.21. Assessors may enter. —Any officer authorized by law to
assess property for taxation may, when necessary to the proper per-
formance of his duties, enter any dwelling house, building, or
structure, and view the same and the property therein. (273.20)
7.22. Neglect by auditor or assessor —Penalty. —Every county
auditor and every town district assessor who in any case refuses
or knowingly neglects to perform any duty enjoined on him by this
chapter, or who consents to or connives at any evasion of its pro-
visions whereby any proceedings required by this chapter is pre-
vented or hindered, or whereby any property required to be listed
for taxation is unlawfully exempted, or entered on the tax list at
less than its true value, shall, for every such neglect, refusal, con-
sent, or connivance, forfeit and pay to the state not less than $200
nor more than $1,000, to be recovered in any court of competent
jurisdiction. (273.21)
III. —LISTING PERSONAL PROPERTY.
7.30. By whom listed. —Personal property shall be listed in the
manner following:
1. Every person of full age and sound mind, being a resident of
this state, shall list all his moneys, credits. bonds, shares of stock
of joint stock or other companies or corporations (when the prop-
erty of such company or corporation is not assessed in this state),
165
PERSONAL PROPERTY
moneys, loaned or invested, annuities, franchises, royalties, and
other personal property.
2. He shall also list separately, in the name of his principal, all
moneys and other personal property invested, loaned, or otherwise
controlled by him as the agent or attorney, for or on account of,
any other person, company, or corporation, and all moneys deposit-
ed subject to his order, check, or draft, and credits due from or
owing by any person, company, or corporation.
3. The property of a minor child or insane person shall be
listed by his guardian, or by the person having such property in
charge.
4. The property of a person for whose benefit it is held in trust,
by the trustee; of the estate of a deceased person, by the executor
or administrator.
5. The property of a corporation whose assets are in the hands
of a receiver, by such receiver.
6. The property of a body politic or corporate, by the proper
agent or officer thereof.
7. The property of a firm or company, by a partner or agent
thereof.
8. The property of manufacturers and others in the hands of
an agent, by such agent in the name of his principal, as merchan-
dise. (273.22)
7.31. Merchant to list —Consignee need not, when. —Every
merchant required to list his property shall state also the value of
his property pertaining to his business as a merchant. No con-
signee shall be required to list for taxation any property the
product of this state, nor the value of any property consigned to
him from any other place for the sole purposes of being stored or
forwarded. it he has no interest in such property, and derives no
profit from its sale. (273.23)
7.32. Manufacturer to list. —Every manufacturer required to
list his property shall state also the value of all articles purchased,
received, or otherwise held for the purpose of being used in whole
or in part in any process of manufacturing, combining, rectifying,
or refining. Every manufacturer and person owning a manufac'ur-
ing establishment of any kind shall list, as part of his manufac-
turer's stock, the value of all engines, machinery, tools, ane imple-
ments used or designed to he used in any such process. except such
fixtures as have been considered real property. (273.24)
7.33. Lists to be verified. —Every person required to list prop-
erty for taxation shall make out and deliver to the assessor, upon
blanks furnished by him. a verified statement of all personal prof;
erty owned by him on the 1st day of May of the current year. He
shall also make separate statements in like manner of all personal
property in his possession or under his control which by this
chapter he is required to list for taxation as agent or attorney,
guardian. parent, trustee, executor, administrator, receiver, account-
ing officer. partner, factor. or in any other capacity: but no person
shall he required to include in his statement any share of the
capital stock or any company or corporation which it is required
to list and return as its capital and property for taxation in this
state. (273.25)
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PERSONAL PROPERTY
7.34. Personalty —Where listed. —Except as otherwise in this
chapter provided, personal property shall be listed and assessed in
the county, town, or district where the owner, agent, or trustee
reside. (273.26)
Household Goods, etc. —Where listed. —All household goods
and furniture, including clocks, musical instruments, sewing ma-
chines, wearing apparel of members of the family, and all personal
property used by the owner for personal and domestic purposes,
or for the furnishing or equipment of the family residence, shall
be listed and assessed in the district where the same is usually
kept. (273.27)
7.35. Capital stock and franchises. — The capital stock and
franchises of corporations and persons, except as otherwise pro-
vided, shall be listed and taxed in the county, town, or district
Where the principal office or place of business of such corporation
or person is located in this state; if there be no such office or place
of business, then at the place in this state where such corporation
or person transacts business. (273.28)
7.36. Merchants and manufacturers. —The personal property
pertaining to the business of a merchant or a manufacturer shall
be listed in the town or district where his business is carried on.
Logs and timber cut from lands within, and designed to be
transported out of this state, shall be assessed and taxed in the
taxing district where found on the 1st day of May; and all taxes
thereon shall be paid into the different funds of the county
of the taxing district and of the state as other taxes are paid, and
such taxes shall he a lien upon such logs and timber, which shall
not be removed beyond the borders of this state until all such
taxes are paid in 'till. (273.29)
7.37. Farm property of non -resident. —When the owner of live
stock or other personal property connected with a farm does not
reside thereon. the same shall be listed and assessed in the town or
district where the farm is situated. If the farm is situated in sev-
eral towns or districts, it shall be listed and assessed in the town
or district in which the principal place of business of such farm
is located. (273.30)
7.38. Grain in elevators. —Grain in an elevator on a railroad
right or way or elsewhere shall be listed and assssed in the assess-
ment district where the elevator is situated. 1273.31)
7.39. Elevators, etc., on railroads. —All elevators and ware-
houses, with the machinery and fixtures therein, situated upon the
land of any railroad company. which are not In good faith owned
operated, and exclusively controlled by such company, shall be
listed and assessed as personal property in the town or district
where situated. in the name of the owner, if known, and, if not
known, as `owner unknown." (273.32)
7.40. Express companies, etc. —The personal property of ex-
press, stage, and transportation companies, and of pipeline com-
panies engaged in the business of transporting natural gas, gaso-
line or other petroleum products, except as otherwise provided by
law, shall be listed and assessed in the county, town, or district
167
PERSONAL PROPERTY
where the same is usually kept. (273.33 Subd. 1)
The personal property, consisting of the pipline system of
mains, pipes and equipment attached thereto, of pipeline companies
and others engaged in the operations or business of transporting
natural gas, gasoline or other petroleum products by pipe lines,
shall be listed with and assessed by the commissioner of taxation.
This subdivision shall not apply to the assessment of the products
transported through the pipe lines nor to the lines of local com-
mercial gas companies engaged primarily In the business of dis-
tributing gas to consumers at retail nor to pipe lines used by the
owner thereof to supply natural gas or other petroleum products
exclusively for such owner's own consumption and not for resale
to others. On or before the fifteenth day of November, the com-
missioner shall certify to the auditor of each county, the amount
of such personal property assessment against each company in
each district in which such property is located. (273.33 Subd. 2)
7.41. Steamboats, etc. —All persons, companies, and corpora-
tions In this state owning steamboats, sailing vessels, wharfboats
barges, and other water craft not employed in the navigation of
international waters, shall list the same for assessment in the
county, town, or district in which the same may belong, or be
enrolled, registered, or licensed, or kept when not enrolled, regis-
tered, or licensed. (273.34)
7.42. Gas and water companies. —The personal property of gas
and water companies shall be listed and assessed in the town or
district where located, without regard to where the principal of
other place of business of the company may be located. (273.35)
7.43. Electric light and power companies to be assessed
where property is located. —Personal property of electric light and
power companies having a fixed situs in any city, village or borough
in this state shall be listed and assessed where situated without
regard to where the principal or other place of business of said
company is located. (273.36)
7.44. Street railroad companies. —The personal property of
street railroad, street railway, plank road, gravel road, turnpike
or bridge companies shall be listed in the county, town, city, village
or district where such property is situated, and where said personal
property is situated in different counties, towns, cities, villages of
districts, such part of said personal property situated in such
county, town, city, village or district, shall be listed and assessed
by the Minnesota tax commissioner in the taxing district where the
same is situated. without regard to where the principal or any
other places of business of such company is located. (273.43)
7,45. Estates of decedents. —The personal property of the
estate of a deceased person shall be listed and assessed at the
place of listing at the time of his death. (273.44)
7.46. Persons under guardianship. —The personal property of
a minor under guardianship shall be listed and assessed where the
guardian resides; and of every other person under guardianship
where the ward resides. (273.45)
7.47. Assignees and receivers. —Personal property in the hands
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PERSONAL PROPERTY
of an assignee or receiver shall be listed and assessed at the place
of listing before his appointment. (273.46)
7.48. Property moved between May and July. —The owner of
personal property, removing from one county, town, or district to
another between the lst day of May and the lst day of July, shall
be assessed in either in which he is first called upon by the asses-
sor. A person moving into this state from another state between
said dates shall list the property owned by him on the 1st day
of May, of such year in the county, town, or district in which he
resides, unless he shall make it appear to the assessor that he is
held for tax of the current year on the property in another state.
(273.47)
7.49. Where listed in case of doubt. —In case of doubt as to
the proper place of listing personal property or where it cannot be
listed as in this chapter provided, ii between places in the same
county, the place for listing and assessing shall be determined by
the county board of equalization; and if between different counties,
or places in different counties, by the Minnesota tax commissioner
and when determined in either case shall be as binding as if fixed
hereby. (273.48)
Note. —Real Estate Mortgages are taxed by a mortgage registry
tax, which is to be paid to the county treasurer before any mort-
gage is presented for recording to the register of deeds. The duty of
collecting this tax is imposed upon the county auditor and treasurer;
the laws concerning it are therefore not included in this manual.
7.50. Assessors to value —Items of list. —The Minnesota tax
commissioner shall prepare suitable forms for the listing of per-
sonal property each year. He may arrange and classify the items of
such property in such groups and classes, and from time to time
change and separate or consolidate the same as it may deem advis-
able for securing more accurate information concerning and the
more perfect listing of valuation of such property. The assessor
shall determine and fix the true and full value of all items of per-
sonal property included in any such list and enter the same oppo-
site such item respectively, and the same shall be assessed for pur-
poses of taxation according to law, so that when completed such
statement shall truly and distinctly set forth the full and true value
and also the assessed valuation for taxation of such personal prop-
erty as required by law. (273.49)
7.51. Transient merchants —May be assessed after May 1
—Whenever any person, firm or corporation shall, subsequent to
May 1 of any year, bring or send into any assessment district
any stock of goods or merchandise to be sold or disposed of in
a place of business temporarily occupied for their sale, without
the intention of engaging in permanent trade in such district
the owner, consignee, or person in charge of such goods or mer
chandise shall immediately notify the assessor of the district
and thereupon such assessor shall at once proceed to value and
assess such stock of goods or merchandise in the same manner
as like property is valued and assessed and certify the assess.
ment thereof to the county auditor; but no such property shall
be assessed in this state more than once in the same year. (288.01)
Upon receipt of the certificate of assessment the county
auditor shall compute the amount of taxes due thereon at the
rate of levy for the current year, or if the rate of levy for the
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BANK STOCK
current year has not been fixed, then at the rate of levy for the
preceding year, and shall certify the amount of the taxes so as-
certained to the county treasurer, and thereupon such taxes shall
become immediately due and collectible. (288.02)
if when the rate of levy for the current year is fixed it it
found that the amount of the taxes ascertained and paid as pro-
vided for in 288.02 hereof is greater than the amount would
be nuclei the current levies the excess shall be refunded to the
person paying such taxes. If the amount paid is less than 1t
would be under the rates of levy for the current year, the de-
ficiency shall be collected in the same manner as other per.
sonal property taxes are collected. (288.03)
Any person, firm, or corporation offering to sell or dispose
of such stock of goods or merchandise before notifying the as•
lessor, or before paying the taxes levied thereon, shall be guilty
of a misdemeanor. (288.04)
Nothing in this chapter shall affect or modify the authority
now or hereafter vested in municipalities by law to regulate the
business of transient merchants. (288.05)
IV. —RETAINED FOR EXPANSION
7.6 - 7.7 Retained for expansion.
V. BANK STOCK
7.81. Assessment of bank stock. —The stock of every bank and
mortgage loan company in this state, organized under the laws of
this state or of the United States, shall be assessed and taxed in
the town, city or village where such bank or mortgage loan com-
pany is located, whether the stockholders of such bank reside in
such place or not, and shall be assessed in the name of the bank
or mortgage loan company. The cashier, or other officer of the
bank or mortgage loan company, shall list all shares of the banx
or mortgage loan company for assessment, in the same manner
as personal property is listed. To aid the assessor in determining
the value of such shares of stock, the accounting officer of every
such bank or mortgage loan company shall furnish to the asses-
sor a sworn statement showing the amount and number of the
shares of the capital stock, the amount of its surplus, undivided
profits and all other funds, and the amount of its legally author-
ized investment in real estate located in this state, which real
estate shall be astsessed and taxed as other real estate. The asses-
sor shall deduct the amount of such legally authorized investment
in real estate from the aggregate amount of such capital, surplus,
undivided profits, and other funds, and the remainder shall be
taken as a basis for the valuation of such shares in the hands
of the stockholders. and shall be assessed at thirty three and one
third (331) per cent of its true and full value. (273.53)
7.82. List of stockholders. —Every bank and mortgage loan
company shall keep at all times in its office or place of business
a full and correct list of the names and residences of the stock-
holders or parties Interested therein, showing the number of snares,
and the amount held, owned. or controlled by each party in in-
terest, which list shall be subject to the inspection of the officers
170
ASSESSORS
authorized to assess property for taxation, and the accounting
officer of each bank or mortgage loan company shall furnish to
the assessor a duplicate copy of such list, verified by oath, which
shall be returned and filed with the county auditor. (273.54)
7.83. Tax deducted from dividends. —To secure the payment of
taxes levied against the stockholders of banks and mortgage loan
companies, every bank and mortgage loan company shall, before
declaring any dividend, deduct from Its annual earnings such
amount as may be necessary to pay any taxes levied against the
stockholders, and such bank or mortgage loan company or officers
thereof shall pay the taxes, and shall be authorized to charge the
amount of such taxes paid to the expense account of such bank
or mortgage loan company. (273.55)
VI. —DUTIES OF ASSESSOR ON FAILURE TO LIST.
7.84. Examination under oath. —Whenever the assessor shall
be of opinion that the person listing property for himself, or for
any other person, company, or corporation, has not made a full,
fair and complete list thereof, he may examine such person under
oath in regard to the amount of the property he is required to list,
and, if such person shall refuse to make full discovery under oath,
the assessor may list the property of such person or his principal
according to his best judgment and information, (273.65)
7.85. Owner absent or sick. —If any person required to list,
property be sick or absent when the assessor calls for a list thereof,
the assessor shall leave at the office or usual place of residence or
business of such person a written or printed notice requiring such
person to make out and leave at a place, and on or before a day
named therein, the statement or list required by this chapter. The
date of leaving such notice, and the name of the person so required
to list, shall be noted by the assessor in his assessment books.
(273.66)
7.86. Owner refusing to list —Oaths. —When any person whose
duty it is to list shall refuse or neglect to list personal property
when called on by the assessor, or to take and subscribe the
required oath in regard to the truth of his statement, or any part
thereof, the assessor shall enter opposite the name of such person
in an appropriate column, the words "Refused to list," or "Refused
to swear," as the case may be; and when any person whose duty it
is to list is absent, or unable from sickness to list, the assessor
shall enter opposite the name of such person, in an appropriate
column, the word "Absent" or "Sick." The assessor may administer
oaths to all persons who by this chapter are required to swear, or
whom he may require to testify, and he may examine upon oath
any person whom he may suppose to have knowledge of the
amount or value of the personal property of any person refusing to
list or to verify his list of personal property. (273.67)
7.87. Failure to obtain list. —In case of failure to obtain a
statement of personal property, the assessor shall ascertain the
amount and value of such property, and assess the same at such
amount as he believes to be the true value thereof. When re-
quested, he shall sign and deliver to the person assessed a copy
171
ASSESSORS
of the statement showing the valuation of the property so listed.
(273.68)
VI1.—REVIEW AND CORRECTION OF ASSESSMENTS.
7.88. Board of review —duties —complaints. —The town board
of each town, the council or other governing body of each village,
borough, and city, except in cities whose charters provide for a
board of equalization, shall be a board of review. The county as-
sessor or supervisor of assessments shall fix a day when each of
such boards and the board of equalization of any city whose charter
provides for a board of equalization shall meet in the several
assessment districts of the county, and shall on or before May first
of each year give written notice thereof to the clerk. Such meet-
ings shall be held between the 1st day of June and the 15th day
of July in each year, and the clerk shall give published and posted
notice of such meeting at least ten days prior to the date fixed.
Such board shall meet at the office of the clerk to review the
assessment of property in such town or district, and immediately
proceed to examine and see that all taxable property in the town
or district has been properly placed upon the list, and duly valued
by the assessor. In case any property, real or personal, shall have
been omitted, the board shall place it upon the list with its true
value, and correct the assessment so that each tract or lot of real
property, and each article, parcel, or class of personal property,
shall be entered on the assessment list at its full and true value;
but no assessment of the property of any person shall be raised
until he has been duly notified of the intent of the board to do so.
On application of any person feeling aggrieved, the board shall
review the assessment, and correct it as shall appear just. A ma-
jority of the members may act at such meeting, and adjourn from
day to day until they finish the hearing of all cases presented. The
assessor shall attend, with his assessment books and papers, and
take part in the proceedings, but shall not vote. If the county
employs a county assessor, he or an assistant, delegated by him
shall attend such meeting. The board shall list separately, on a
form appended to the assessment book, all omitted property added
to the list by the board and all items of property increased or de-
creased, with the full and true value of each item of property,
added or changed by the board, placed opposite such item. The
assessor shall enter all changes made by the board, in the assess-
ment book. In counties employing a county assessor such changes
shall be made by him, instead of the local assessor.
The board of review, and the board of equalization of any
city, shall complete its work and adjourn within 20 days from the
time of convening specified in the notice of the clerk and no action
taken subsequent to such date shall be valid. All complaints in
reference to any assessment made after the meeting of such
board, shall be heard and determined by the county board of
equalization. Any non-resident may, at any time, before the meet-
ing of the board of review file written objections to his assessment
with the county assessor or supervisor of assessments and if
any such objections are filed they shall be presented to the board
of review at its meeting by the county assessor or supervisor of
assessments for its consideration. (274.01)
7.89. Notice of meeting. —The clerk shall give at least ten
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ASSESSORS
days' posted notice of the time and place of the meeting of the
board of review; but the failure to give such notice or hold such
meeting shall not vitiate any assessment, except as to the excess
over the true and full value of the property. (274.03)
7.90. Assessor's return to auditor —Form. —The assessor shall
foot each column in his assessment books, and make in each book,
under proper headings, a tabular statement showing the footings of
the several columns upon each page. He shall also foot the total
amounts of the several columns under the respective headings. On
or before the first Monday of July he shall return to the county
auditor his assessment books and deliver therewith the lists and
statements of all persons assessed, all of which shall be preserved
in the office of the auditor. * * * (274.04)
7.91. Return assessment books. —Upon the return of the as-
sessment books, as provided for in Section 274.04, the county audi-
tor shall examine such assessment books, and if found in proper
form, shall issue his certificate to the assessor setting forth the
fact that such books are conformable to the provisions of said sec-
tion.
7.92. Filing of certificates. —The assessor shall file such certifi-
cate with the town clerk of his town, and no compensation shall be
allowed such assessor, by the town board, for his services until the
provisions of this act shall have been complied with. (274.05)
7.93. List by person sick or absent. —If any person required to
list property for taxation is prevented by sickness or absence from
giving to the assessor such statement, such person or his agent
having charge of such property may, at any time before the exten-
sion of taxes thereon by the county auditor, make and deliver a
statement of the same as required by this chapter, to the auditor,
who shall make an entry thereof. and correct the corresponding
items in the return made by the assessor, as the case may require;
but no such statement shall be received from any person who refus-
ed or neglected to make oath to his statement when required by the
assessor; nor from any person, unless he makes and files therewith
an affidavit that he was absent from his town or district without
design to avoid the listing of his property, or was prevented by
sickness from giving to the assessor the required statement when
called on for that purpose. (274.07)
7.94. Correction of books— Omitted property. —The co u n t y
auditor shall carefully examine the assessment books returned to
him, and, if any property has been omitted, he shall enter the same
upon the proper list, and forthwith notify the assessor making such
omission, who shall immediately ascertain the value thereof
and correct his original return. In case of the inability or neglect
of the assessor to perform this duty, the auditor shall ascertain
the value of such property and make the necessary corrections.
(274.08)
7.95. Duties of auditor and assessors. — Upon the receipt of
any such examiner's list, the county auditor shall enter the property
therein described in the real and personal property assessment
books, and, upon receiving such books from the auditor, the as-
sessor shall assess the property so entered at its true value as
173
PROCEEDINGS BEFORE TAX COMMISSION
shown by such list, a copy of which shall be furnished to him with
the assessment books of his district. Ile shall also make the neces-
sary corrections in any assessment theretofore made so as to make
the same correspond with the true value of the property as returned
in such list, andcorrect his returns accordingly. The auditor shall
proceed thereon as provided by Sections 273.02 to .09. When-
ever the auditor shall find from any such list that any property
has been omitted from or undervalued in the lists of any prior year
or years, he shall forthwith enter the same on the assessment and
tax books for the year or years in which the same was omitted or
undervalued, and shall assess such omitted and undervalued prop-
erty at the valuation and amounts so shown, and extend the
arrearages of taxes on such property, accruing against the same
upon the tax list for the current year, and collect the same as other
taxes. Any assessor or county auditor who shall neglect to perform
any duty required by this section shall be guilty of a misdemeanor,
and in addition to the usual penalty, shall be liable on his official
bond for all taxes on any and all property named in such examiner's
list. (274.12)
VIII. PROCEEDINGS BEFORE STATE TAX COMMISSIONER.
7.96. Proceedings before tax commission. municipality a party.
—Any city, town, village, borough, school district, or county
(all of which governmental subdivisions shall be embraced in the
word 'municipality' as used hereinafter) may appear at and become
a party to any proceedings before the Tax Commissioner held for
the purpose of equalizing or assessing any real or personal property
in said municipality, or reducing the assessed value of any such
property. For that purpose any such municipality may employ
counsel and disburse money for other expenses in connection with
such proceedings, on duly itemized verified claims, which shall be
audited and allowed as now provided by law for the allowance of
claims against a muncipality. It shall be the duty of the Tax
Commissioner, at the time of such hearing to grant the municipali-
ty at its request, such further reasonable time as may be necessary
for such municipality to prepare for further hearing. It shall be
the duty of the Tax Commissioner, when any taxpayer or property
owner has applied for a reduction of the assessed valuation of any
real or personal property in an amount exceeding Fifteen ($15,000)
Thousand Dollars, to give written notice to the officials of the
municipality wherein such property is located, and to permit such
municipality to have a reasonable opportunity to be heard at any
proceedings concerning such application. (270.19)
7.97. Request for hearing. —Any such municipality may, at
any time within ten days after the final adjournment of the county
board of equalization of the county in which such municipality is
located, or within 10 days after the filing with the county auditor
of such county of any order of the tax commissioner reducing the
assessed valuation of any property in such municipality, file a
written request with the tax commissioner for a hearing upon the
equalization or assessment of any property within such municipali-
ty, specifying the property and the name and address of the owner
thereof. as they appear from the assessment books. The tax com-
missioner shall thereup order a hearing thereon and mail a
174
PROCEEDINGS BUFORD TAX COMMISSION
notice stating the time and place of such hearing to the municipali-
ty and to the owner of such property. It shall be the duty of the
Tax Commissioner, at the time of such hearing to grant the muni-
cipality, at its request, such further reasonable time as may be
necessary for such municipality to prepare for further hearing.
(270.20)
7.98. Hearing —Procedure. —Upon any such hearing the tax
commissioner shall, upon the request of such municipality or any
party to such proceedings, issue subpoenas and summon witnesses
to appear and give testimony, and to produce books, records, papers
and documents. For the purpose of preparing for and participat-
ing in said hearing the municipality shall have access to, and use
of, all the data, records and files of the tax commissioner pertain-
ing to the property in question. Upon demand of any party a record
shall be kept by the tax commission of all evidence offered or re-
ceived upon such hearing, the cost thereof to be paid by the party
making such demand. (270.21)
7.981. Findings —Appeal to supreme court. —The tax commis-
sioner shall determine the controversy upon the evidence pro-
duced at such hearing and shall make and file written f ndings of
fact and his order determining the controversy. In the equaliza-
tion and determination of valuations, the findings and values as
given by the Assessor of the local assessment district shall be con-
sidered as prima facie correct. Copies of such order and findings
shall be mailed to all parties appearing at said hearing, and to the
county auditor of the county in which the property is located. Any
municipality which has appeared in such proceedings, and which is
aggrieved by the order of the tax commissioner reducing the as-
sessed valuation of any such property, or failing to increase such
assessed valuation, may have the order of the commissioner re-
viewed by appeal to the supreme court on any of the following
grounds:
(a) That the determination of the commissioner was not in
accordance with the laws relating to the assessment of property,
or' that the commissioner committed any other error of law: (b)
That the findings of fact and determination of value were un-
warranted by or were contrary to the weight of the evidence. Any
owner of property who has appeared in such proceedings and who
is aggrieved b ythe order of the tax commissioner raising the as-
sessed valuation of any such property, or failing to reduce such as-
sessed valuation may have the order of the commissioner reviewed
on appeal to the Supreme Court in like manner and upon the same
grounds as hereinabove provided for review on the appeal of any
municipality as hereinafter provided. (270.22)
7.99. Notice of Appeal. —To secure such review, the munici-
pality shall, within thirty days after mailing of notice of such de-
termination by the tax commissioner, serve upon the commissioner
a notice of appeal to the supreme court from the order of the com-
missioner and shall file the original thereof with proof of service
with the clerk of the supreme court, paying the filing fee provided
by law for appeals in civil actions. The filing of such notice of ap-
peal shall vest the supreme court with jurisdiction thereof and such
appeal shall be heard and disposed of as in the case of appeals
from civil actions from the district court. Record and briefs shall
176
PROCEEDINGS BEFORE TAX COMMISSION
be served and filed as provided by law or rule of court in such
appeals. (270.23)
7.991. Disposal by supreme court. —The supreme court shall
reverse or affirm the order of the commissioner or remand the case
to the commission for a new hearing or further proceedings or for
other disposition thereof with such directions as the court may
deem proper. (270.23)
7.992. Other tax proceedings not stayed. —The institution of
any such appeal from the order of the commissioner shall not oper-
ate to stay in any way proceedings for the assessment or collection
of taxes against the property involved therein. Notwithstanding
such appeal, the tax commissioner shall file with the auditor
of the county in which such property is situated its order confirm-
ing, increasing, decreasing or determining the assessed value
thereof, and the county auditor shall extend and levy against said
property or the owner thereof the taxes thereupon for said year ac-
cording to such assessment, and all subsequent proceedings for the
determination of the taxes and the collection thereof shall be taken
as if no appeal from such order were pending. When the matter
is finally determined on review, a properly authenticated copy of
the findings, order or judgment shall be filed with the audi-
tor of the county in which the land or property referred to in the
proceedings is situated. If order or judgment lowers the tax-
able valuation of the land or property referred to in the proceed-
ings the tax commissioner, upon petition of the owner, approved by
the county board, shall abate so much of the taxes against such
property as is attributable to the excessive valuation thereof. If
such tax has been paid the county auditor, upon petition of the
owner, approved by the county board and tax commission, shall
refund so much of such payment as is attributable to such excess
valuation. Upon such refund being made the county auditor shall
charge the same to the state and the various governmental subdi-
visions thereof that participated in such excessive payment in pro-
portion to their respective shares therein and deduct the same in
the next tax apportionment. (270.24)
7.993. Extension and levy of additional tax. —If such final or-
der and judgment results in raising the valuation of the property
affected by the proceedings, the county officers shall, for the next
ensuing year, in addition to the regular taxes levied for such en-
suing year, levy, extend and spread against such property (if real
property) or against the owner thereof (if personal property) a
tax equal to the difference between the taxes actually levied and
extended against such property or owner for the year in question
and the taxes which should have been levied or extended against
such property or owner at the increased valuation as finally de-
termined. (270.25)
7.994. Other proceedings. —The proceedings provided hereby
are for the purpose of determining the assessed valuation upon the
basis of which taxes are spread against property or the owner
thereof in the first instance. The order of the commissioner or the
final order for judgment of the supreme court thereon shall rot he
a bar to any defense against such taxes interposed at the time of
the proceedings for judgment thereon, and all defenses which may
176
LEVI AND EXTENSION
be set up against the proceedings for judgment upon such taxes un-
der existing laws may be asserted notwithstanding the determina-
tion of the commissioner or the supreme court hereunder. In the
event that taxes are levied or extended pending review of the or-
der of the commissioner by the supreme court as hereinbefore pro-
vided, a judgment entered upon such taxes in the tax delinquency
proceedings shall not be a bar to the spreading of further taxes
against such property for such year in the event the assessed valu-
ation of such property is raised as herein provided. In the pro-
ceedings for the collection of any taxes which include an addition-
al levy because of the raising of the assessed valuation of any
property hereunder the owner may answer separately to the pro•
ceedings to obtain judgment for such excess levy. (270.26)
IX. —LEVY AND EXTENSION.
8.01. Levy in specific amounts. —All taxes shall be levied or
voted in specific amounts, and the rates per centum shall be
determined from the amount of property as equalized by the state
board of equalization each year, except such general taxes as may
be definitely fixed by law. (275.01)
8.02. City, village, town and school district taxes. —The taxes
voted by cities, villages, towns, and school districts shall be cer-
tified by the proper authorities to the county auditor, on or before
the 10th day of October in each year. (275.07)
8.025. Omitted levy included later. —Whenever the amount of
taxes as levied and certified by the tax levying body of any
county, city, village, borough, town or school district has not been,
as the result of error or inadvertence by the county auditor ex-
tended and spread in conformity therewith, such tax levying body
may include in its tax levy for the year following, the whole or any
part of the amount so omitted through error or inadvertence in
addition to its current levy and in addition to and notwithstand-
ing any limitations to the contrary. (275.075)
8.03. Auditor to fix rates. —The rate per centum of all taxes,
except the state tax and taxes the rate of which may be fixed by
law, shall be calculated and fixed by the county auditor according
to the limitations in this chapter hereinafter prescribed: provided,
that if any county, city, town, or school district shall return a
greater amount than the prescribed rates will raise, then the
auditor shall extend only such amount of tax as the limited rate
will produce. (275.08)
8.04. Rate of tax. —There shall be levied annually on each
dollar of taxable property, except such as is by law otherwise tax-
able, as assessed and entered on the tax lists, for purposes enum-
erated, taxes at the rates specified as follows:
1. For state purposes, such amounts as may be levied by the
legislature.
2. For county purposes, such amount as may be levied by the
county board. * * *
3. For town purposes, such sum as may be voted at any legal
town meeting, the rate of which tax shall not exceed, exclusive of
such sums as may be voted at the annual town meeting for road
177
LEVY AND EXTENSION
any bridge purposes and for the support of the poor, 10 mills in any
town having a population of more than 7,000 excluding the popula-
tion of any city or villages therein, five mills in any town having
a taxable valuation of $100,000 or more, and the amount of which
shall not exceed $350 in any town having a taxable valuation of
less than $100,000, and the rate of which shall not exceed one per
cent in any town; the rate of tax for road and bridge purposes in
any town shall not exceed the rate provided by Minnesota Statutes,
Section 163.05, and the tax for poor purposes shall not exceed five
mills. In any town in which the amount levied within the above
limitations is not sufficient to enable the town to carry on its
necessary governmental functions, the electors, during the business
hours after disposing of the annual report, may make an additional
levy of not to exceed five mills to enable such town to carry on
such necessary governmental functions.
4. For school district purposes, such amounts as are provided
in Minnesota Statutes, Chapters 120 to 132. (275.09)
NOTE: See § 8.07 for limitation on above section.
See § 2.36—Limitation on taxes which may be levied.
See § 2.37, 2.38, 2.39, 2.40 and 2.41, applying limitations to
town of more than 3000 population and taxable property
of more than 10 million.
8.05. Same. —There shall be levied annually on each dollar of
taxable property in the state (other than such as is by law other-
wise taxed) as assessed and entered on the tax list for the several
purposes enumerated, taxes at the rate specified as follows: For
state purposes, such amount as may be levied by the legislature; for
county purposes, such amount as may be levied by the county com-
missioners. the rate of which shall not exceed five mills in any
county having a taxable valuation of one million dollars or more,
and the amount of which shall not exceed five thousand dollars in
counties having a taxable valuation of less than one million dol-
lars, the rate of such tax shall not exceed one per cent in any coun-
ty. For town purposes, such sum as may (be) voted at any
legal town meeting, the rate of which shall not exceed two mills
in any township having a taxable valuation of one hundred thou-
sand dollars or more, and the amount of which shall not exceed one
hundred and fifty dollars in any township having a taxable valua-
tion of less than one hundred thousand dollars, and the rate of
such tax last mentioned shall not exceed one-half of one per cent in
any town. In addition to the foregoing, in each town such
sum as may be voted at the annual town meeting for road and
bridge purposes and for the support of the poor, respectively, in
and for said township; provided, that the rate of taxation in any
and for said town; provided, that the rate of taxation in any
town for road and bridge purposes shall not exceed ten mills per
dollar, and the tax for poor purposes shall not exceed five mills per
dollar. For school district purposes. in addition to the general tax
of one mill, such sum as may be voted at any legal meeting of the
qualified voters of the district, the rate of which shall not exceed
fifteen mills, for the support of the school, or one per cent for the
erection of a school house. Provided. that the aforesaid limitation
shall not be construed as prohibiting assessments on property
adjacent to local improvements made in any city or incorporated
town or village, for the purpose of paying the cost thereof and
the damages occasioned thereby: and that nothing in this section
178
LEVY AND EXTENSION
shall be construed to prevent the county commissioners, town
supervisors or corporate authorities of any city, town, village or
school district from levying any tax which by any special law they
may be authorized to levy. (275.22)
8.06 Tax levies in cities, villages —Villages having a popula-
tion of more than 3,000 for all geenral and special taxes (except
for local improvements) shall not levy in any year taxes in ex-
cess of 1941—$67.50; 1942—$65.00; 1943—$'62.50; 1944—$60.00;
1945—$57.50; 1946—$55.00; 1947—$52.50; 1948 and thereafter
$50.00, per capita.
Villages having a population of 3,000 or less, levies shall not
exceed for 1941-2—$70.00 per capita; 1943—$67.50 per capita; 1944
—$65.00; 1945—$62.50; 1946—$60.00; 1947—$57.50; 1948—$55.00;
1949—$52.50; 1950 and thereafter $50.00 per capita. (275.11)
8.07 Limitation of preceding section. —Section 275.09 (§8.04)
shall not be construed as prohibiting assessments on property
adjacent to local improvements made in any city, town, or village
for the purpose of paying the cost thereof, and the damages
occasioned thereby, and nothing in said sections shall be con-
strued as preventing the proper authorities of any county. city,
town, village, or school district from levying any tax authorized by
special law. (275.23)
8.08. Contracts in excess void —Liability of officers. —It shall
be unlawful for the authorities of any county, town. city, village or
school district, unless expressly authorized by law. to contract any
debt or incur any pecuniary liability for the payment of either the
principal or the interest of which during the current or any sub-
sequent year it shall be necessary to levy a rate of taxes higher than
the maximum prescribed by law. Every such contract shall be null
and void in regard to any obligation thereby sought to be imposed
upon such corporation; but every officer, agent or member thereof
who participates in or authorizes the making of such contract shall
be individually liable for its performance. Every such officer or
agent who is present when such contract is made or authorized
shall be deemed to participate in or authorize the making thereof,
as the case may be, unless he enter or cause to be entered his dis-
sent therefrom in the records of such corporation. (275.27)
8.09. Levy special assessments against certain school districts.
—Any city, however organized, any village or borough, or any
town having authority to levy special assessments may levy special
assessments against the property of a governmental unit benefitted
by an improvement to the same extent as if such property were
privately owned. The term "governmental unit" includes a county,
city, village, borough, town, public corporation, a school district
and any other political subdivision, except a city of the first class
operating under a home rule charter and the school district, park
board or other board or department of such city operating under
such charter. If the amount of any such assessment, except one
against property of the state, is not paid when due, it may be
recovered in a civil action brought by the city, village, borough or
such town against the governmental unit owning the property so
assessed. In the case of property owned by the state or any instru-
mentality thereof, the governing body of the city, village, borough
or town may determine the amount that would have been assessed
179
TAXATION
had the land been privately owned. Such determination shall be
made only after the governing body has held a hearing on the
proposed assessment after at Least two weeks' notice of the hear-
ing has been given by registered or certified mail to the head of the
instrumentality, department or agency having jurisdiction over the
property. The amount thus determined may be paid by the instru-
mentality, department or agency from available funds. If no funds
are available and such instrumentality, department or agency is
supported in whole or in part by appropriaitons from the general
revenue fund, then it shall include in its next budget request the
amount thus determined. No instrumentality, department or agency
shall be bound by the determination of the governing body and
may pay from available funds or recommend payment in such
lesser amount at it determines is the measure of the benefit re-
ceived by the land from the improvement.
When any loAFp1 improvement has heretofore been made and
special assessments have been levied to finance all or part of
the cost of such improvement under any law or charter not ex-
pressly authorizing assessments against public property, any
county or school district owning property benefited by such im-
provement may pay to the city, village, or borough making the
improvement the amount of any benefit received therefrom not in
excess of the amount that would bave been assessable against
such property were it privately owned.
This section shall not modify any law or charter provision
authorizing the imposition of special assessments against counties
and school district. (435.19)
X.—ACCOUNTING AND DISTRIBUTING OF FUNDS.
8.10. Apportionment and distribution of funds. —On the last
day of February, May, and October in each year, the county auditor
and county treasurer shall make distribution of all undistributed
funds remaining in the treasury, apportioning the same as provided
by law, and placing the same to the credit of the state, town, city,
village, or school district, and each county fund. Within twenty
days after such distribution is completed, the county auditor shall
make report thereof to the state auditor, in such forms as the state
auditor may prescribe. The county auditor shall issue his warrant
for the payment of any moneys remaining in the county treasury
to the credit of the state, town, city, village, or school district on
application of the persons entitled to receive same. (276.10)
8.11. When treasurer shall pay funds. —Immediately after each
settlement in February, May and October, the county treasurer
shall pay over to the treasurer of state, or of any town, city,
village, or school district, on the warrant of the county auditor,
all moneys received by him arising from taxes levied and collected
belonging to the state, or to such municipal corporation, or other
body, and deliver up all orders and other evidences of indebtedness
of such corporation or other body, taking triplicate receipts there-
for. He shall file one of said receipts with the county auditor,
and shall return one by mail on the day of its reception to the clerk
of the town, city, village, or school district to which such payment
was made, who shall preserve the same in his office. (276.11)
8.12. Auditor to keep accounts. —The county auditor shall keep
180
TAXATION
accounts with the state, the county, and each of the funds of such
county, and each town, city, village, and school district, and with the
county treasurer, making daily entries of the charges and credits to
the treasurer; and, immediately after each distribution of taxes, he
shall credit the collections to the proper funds. He shall give a
warrant on the county treasurer for the amount due any town, city,
village, or school district, upon application of its treasurer, and
upon the filing of a certificate of its clerk that the person applying
is such treasurer, duly elected or appointed, and has given bond
according to law; and he shall charge such body with the amount
of the warrant. (276 12)
8.13. Distribution of Interest, penalties, and costs. —All penal-
ties accruing upon any tax levied by special assessment against
any particular tract, block, or lot in any city, village, or organized
township shall be apportioned to the general revenue fund of the
city, village, or town where the land lies. All other penalties, costs,
and interest collected on real estate taxes shall be apportioned one-
half to the county revenue fund, and the other half to the school
districts of the county in the manner provided for the distribution
of other school funds. (276.13)
NOTE: There is a tax imposed by the State upon the sale of
cigarettes. The tax is administered through the office of the state
commissioner of taxation. The tax is important to municipalities be-
cause revenue derived from taxes, penalties, and interest under the
provisions of the act (297.01 - 297.13) shall be deposited and credited
one-fourth to a special fund to be known as the "Cigarette Tax Ap-
portionment Fund." Each county, city, borough and village includ-
ing towns having village powers as defined in 368.01 shall receive
from the apportionment fund an amount bearing the same relation
to the total amount to be apportioned as its population hears to the
total population of all the counties, cities, villages and boroughs in
this state; except, that for the purposes of sections 297.01 to 297.13
the population of a county shall be that part of its population exclu-
sive of the population of the several cities, villages and boroughs
within the county. The secretary of state is charged with the duty
of preparing lists of all the counties, cities, villages including towns
having village powers as defined in 368.01 and boroughs with their
respective populations according to the federal census. The lists will
be delivered to the state auditor for apportionment on or before
February 15th and August 15th each year. (297.13)
Towns having village powers are those that have platted portions
on which reside 1,200 or more people or have platted area within 20
miles of the city hall of a city of the first class having over 200,000
population. (368.01) See § 1.16 of this Manual.
See Form No. 127, Part II of this Manual.
XI. —MISCELLANEOUS PROVISIONS
8.20. Lien of real estate taxes. —The taxes assessed upon real
property shall be a perpetual lien thereon. and on all structures
and standing timber thereon and on all minerals therein, from and
including the lst day of May in the year in which they are levied,
until they are paid; but as between grantor and grantee, such lien
shall not attach until the flrst Monday of January of the year next
thereafter. (272.31)
8.22. Right to assess and collect —No (imitation. —The right to
assess property omitted in any year, or to reassess taxes upon
property prevented from being collected in any year, either as
authorized and directed by this chapter or otherwise, snail not be
defeated by reason of any limitation contained in any statute of
this state; and except as otherwise provided in this chapter, there
181
TAXATION
shall be no limitation of time upon the right of the state to provide
for and enforce the assessment and collection of taxes upon all
property subject to taxation. (272.10)
XII. VILLAGE TAXES —LEVY, ASSIGNMENT, ETC.
8.35. Additional tax levies authorized. —Whenever the assessed
valuation of any city, village, township or school district for any
taxable year is reduced after the taxes for such year have been
spread by the county auditor and whenever the mill rate as de-
termined by the county auditor based upon the original assessed
valuation is applied upon such reduced valuations and does not
produce the full amount of taxes as actually levied and certified
for such taxable year upon the original assessed valuations, such
city, village, township or school district may include in its tax
levy made following such reduction in assessed valuation, an
amount equal to the difference between the total amount of taxes
actually levied and certified for such taxable year upon the original
assessed valuation, not exceeding the maximum amount which
could be raised upon such assessed valuation as reduced, within
existing mill limitations, if any, and the amount of taxes collected
for such taxable year upon such reduced valuations.
The amount of taxes so included shall be levied separately and
shall be levied in addition to all limitations permitted by Section
275.11, (see 8.06) as other applicable laws limiting levies in cities,
villages, towns or school districts. (275.48)
8.36. Not to apply to outstanding indebtedness. —If, prior to the
calendar year 1941, any such city, village or school district has
incurred by proper authority a valid indebtedness, including bonds,
in excess of its cash on hand, plus any amount in any sinking fund
for the payment of indebtedness, such city, village or school dis-
trict, within, but not above, the limits now permitted by law, in
addition to the foregoing may levy sufficient amounts to pay and
discharge such excess indebtedness, bonds and interest thereon;
but any such additional sums so levied shall be separately levied,
and when collected shall be paid into a separate fund and used
only for the purpose of paying such excess indebtedness, bonds
and interest thereon; provided that nothing in this section, as
amended, shall be construed to affect or limit levies heretofore
or hereafter made pursuant to Laws 1921, Chapter 417, Section 3,
for the retirement of indebtedness incurred prior to April 21, 1921,
within the limits then permitted by law, or pursuant to Laws 1929,
Chapter 206, for the retirement of indebtedness incurred prior to
the calendar year 1929, within the limits then permitted by law.
The term indebtedness shall include any indebtedness which any
such school district is obligated to pay pursuant to Laws 1935-
1936. Extra Section, Chapter 2. (275.13)
182
CHAPTER V. ROADS AND HIGHWAYS
Only those portions of the Highway ;ode applicable to Township
or Village roads or of interest to town and village officers is given
here. The 1959 Highway Code and the construction of the interstate
system of highways will vitally affect future development of villages
and townships.
ARTICLE I —Highways, Construction, Maintenance
ARTICLE II —Department of Highways
ARTICLE III —County and Municipal State Aid Highways
ARTICLE IV —Village Roads
ARTICLE V—Town Roads
ARTICLE VI —Bridges
ARTICLE VII—Injuring Highways
ARTICLE VIII—Railroads and Common Carriers
ARTICLE IX —Village, Roads, Bridges, Ferries
ARTICLE 1
General, Construction and Maintenance
9.00 Scope of the Act —Subdivision (1). Designation. For
the purposes of MSA 160 through 165, the roads of this state shall
be designated and referred to as trunk highways, county state -aid
highways, municipal state -aid streets, county highways, and to'n
roads. They shall be established, located, constructed, reconstruc-
ted, improved, and maintained as provided in Articles I through
VI and acts amendatory thereto.
Subdivision (2). Certain Streets Excluded. The provisions of
MSA 160 through 165 do not relate to highways or streets estab-
lished by, or under the complete jurisdiction of cities, villages, and
boroughs except when the provisions refer specifically to such
highways or streets. (160.01).
NOTE: This limitation refers to MSA Chapters 160 through 165.
9.02 Definition. —Subdivision (1). (Purposes). For the pur-
poses of 160 through 165 the terms defined in this section have the
meanings given them.
Subdivision (2). "Trunk highways" includes all roads estab-
lished or to be established under the provisions of ArticleXVI, Sec-
tion 2 of the constitution of the state of Minnesota.
Subdivision (3). "County state -aid highways" includes all
roads established in accordance with law as county state -aid high-
ways.
Subdivision (4). "County highways" includes those roads
which have heretofore been or which hereafter may be established,
constructed, or improved under authority of the several county
boards, including all roads lying within the county or on the line
between counties established by judicial proceedings, except those
roads established, constructed, or improved by the counties that
have been maintained by the towns for a period of at least one
year prior to July 1, 1957. All roads heretofore designated prior
to July 1, 1957 as county -aid highways shall be county highways
until abandoned or changed in accordance with law.
Subdivision (5). "Municipal state -aid streets" includes all
streets within the cities, villages, or boroughs having a population
of 5,00(1 or more, established in accordance with law as municipal
183
GENERAL, CONSTRUCTION AND MAINTENANCE
state -aid streets.
Subdivision (6). "Town roads" includes those roads and cart -
ways which have heretofore been or which hereafter may be estab-
lished, constructed, or improved under the authority of the several
town boards, roads established, constructed, or improved by coun-
ties that have been maintained by the towns for a period of at
least one year prior to July 1, 1957, and all roads lying within the
town established by user.
Subdivision (7). "Road" or "highway" includes, unless other-
wise specified, the several kinds of highways as defined in this
section, and also cartways, together with all bridges or other
structures thereon which form a part of the same.
Subdivision (8). "Commissioner" means the commissioner of
highways.
Subdivision (9). "Road authority" means the commissioner, 1
as to trunk highways; the county board, as to county state -aid
highways and county highways; the town board, as to town roads;
and the governing bodies of cities, villages, and boroughs when the
governing bodies or city, village, and borough streets are specif-
ically mentioned.
Subdivision (10). "Portage" means a passageway two rods in
width extending from one public or navigable water to another
public or navigable water or from a public or navigable water to a
public highway.
Subdivision (11). "Interstate bridge" means all bridges now
existing or which shall be hereafter constructed across boundary
waters between the state of Minnesota and any adjoining state
thereby connecting highways of this state with the highway sys-
tem of any adjoining state.
Subdivision (12). "Controlled access highway" means any
highway, street, or road, including streets within cities, villages or
boroughs, over, from, or to which owners or occupants of abutting
land or other persons have or are to have no right of access, or
only a controlled right of the ea -cement of access, light, air, or view.
Subdivision (13). "Public property" means any property except
streets, roads, or bridges owned by any subdivision of government,
including but not limited to, the property of school districts how-
ever organized, towns. villages, boroughs, cities, municipalities,
counties, and any board or commission of any thereof, and public
corporations created by the laws of this state. ((160.02)
9.03. Compensation for Public Property. —Whenever public
property is taken, damaged, or destroyed for highway purposes,
just compensation shall be paid therefor. (160.03)
9.04. Width of Roads. —Except as otherwise provided, all roads
hereafter established, except cartways, shall be at least four rods
wide. Additional right of way and easements, including easements
needed for drainage, may be acquired by purchase, gift, or emi-
nent domain proceedings when necessary for construction, main-
tenance, safety, or convenient public travel. The necessity for
such additional right of way and easements shall be determined
by the road authority having jurisdiction over the particular road
involved. (160.04)
9.05. Dedication of Roads. —Subdivision (1). (Six Years).
When any road or portion thereof shall have been used and kept
184
GENERAL, CONSTRUCTION AND MAINTENANCE
in repair and worked for at least six years continuously as a public
highway, the same shall be deemed dedicated to the public to the
width of two rods on each side of the center line thereof and be
and remain, until lawfully vacated, a public highway whether the
same has ever been established as a public highway or not;
provided, that nothing herein contained shall impair the right,
title, or interest of the water department of any city of the first
class secured under Special Laws 1885, Chapter 110. This sub-
division shall apply to roads and streets except platted streets
within cities, villages, and boroughs.
Subdivision (2). (Roads on and Parallel to Railroad Right of
Way). The continued use of any road by the public upon and
parallel to the right of way of any railway company shall not
constitute such a road a legal highway or a charge upon the town
in which the same is situated, and no right shall accrue to the
public or any individual by such use. (160.05)
9.06. Trail or Portage Dedication. —Any trail or portage be-
tween public or navigable bodies of water or from public or navi-
gable water to a public highway in this state which has been in
continued and uninterrupted use by the general public for 15 years
or more as a trail or portage for the purposes of travel, shall be
deemed to have been dedicated to the public as a trail or portage.
This section shall apply only to forest trails on established canoe
routes and the public shall have the right to use the same for the
purposes of travel to the same extent as public highways. The
width of all trails and portages dedicated by user shall be eight
feet on each side of the center line of the trail or portage. (160.06)
9.07. Improvements Within or Without Boundaries. —The
road authority of any county, town, city, village, or borough may
appropriate and expend such reasonable sums as it may deem
proper to assist in the improvement and maintenance of roads,
bridges, or ferries lying beyond the boundary of and leading into
such county, town, city, village, or borough. (160.07
9.08. Controlled Access. Subdivision (1). Plans. —The road
authorities of the state, counties, cities, villages, and boroughs
acting either alone, or in cooperation with each other, or with
any federal agency, or with any other state or subdivision of an-
other state having authority to participate in the construction or
maintenance of highways are authorized to plan for the designa-
tion, establishment, location, relocation, improvement, and main-
tenance of controlled access highways for public use whenever
the road authorities determine that traffic conditions, present or
future, will justify such highways.
Subdivision (2). Approval of Municipality. —Except for trunk
highway routes on the interstate system, no controlled access
highway shall be constructed or improved within the corporate
limits of any city, village, or borough unless the plans therefor
shall be first approved by the governing body of the city, village,
or borough. * * * (160.08)
9.09. Change of Road by County or Town Board. Subdivision
(1). Change in Location. —When the road authority of a county
or town changes the location of a highway or road under its ju-
risdiction, the old road shall remain open until the new road is
135
GENERAL, CONSTRUCTION AND MAINTENANCE
opened for travel. The old road or any portion thereof shall not
revert to the abutting owners until vacated by the road authority
in accordance with law.
Subdivision (2). Not To Be Vacated in Certain Cases. —When
new road does not provide access to property whose only means
of access was the old road, then and in that event, the portion
of the old road providing the access shall remain open for travel
and shall be maintained by the county or town road authority
until other means of access are provided after which it may be
vacated as provided by law.
Subdivision (3). Not To Be Vacated in Certain cases. —When
a county highway or town road is the only means of access to any
property or properties containing an area or combined area of
five acres or more, the highway or road shall not be vacated with-
out the consent of the property owner unless other means of
access are provided. (160.09)
9.10. Roads on Mineral Lands. —See MSA 160.10 for relocation
of such roads.
9.11. Road Building Materials. Subdivision (1). Acquisition
of Lands. —When any county board, town board, or council of any
village or city shall deem it necessary for the purpose of building
or repairing public roads or streets within its jurisdiction, it may
procure by purchase, gift, or condemnation in the manner provided
by law any lands within the state containing any materials suit-
able for road purposes, together with the right of way to the same
of sufficient width to allow teams, trucks, or other vehicles to
pass, and on the most practicable route to the nearest public road.
Subdivision (2). Sale of Road Building Materials. —The coun-
ty board, town board or council of any city or village may engage
in the processing of crushed rock or other road building material
for use on public roads or streets within their respective jurisdic-
tions; and may by agreement sell to any other county board, town
board, city or village council any sand, rock, crushed rock, gravel
or other earth material suitable for road purposes, upon terms and
conditions as may be mutually agreed upon by the ,parties. * * *
(160.11)
9.12. Temporary Roads Around Construction. —When a road
authority determines that construction or maintenance work on a
public highway under its jurisdiction requires a temporary road
around the portion of the highway under construction or main-
tenance, the road authority may by order or resolution establish
and construct a temporary road adequate for such purpose and
procure the necessary right of way therefor in the manner pro-
vided by law. (160.12)
9.13. Lighting and Marking Highways. —Road authorities may
light or mark highways and appurtenances thereon and may in-
stall other safety devices as they deem necessary in the interests
of safety and convenient public travel. (166.13)
9.14. Marking Boundaries of Highways. Subdivision (1).
Placing Marking Devices. —Road authorities may place and shall
thereafter preserve and maintain suitable monuments or other
marking devices in such manner as to clearly indicate the bound-
ary lines of highways. The location of the boundary markings
186
GENERAL, OONSTRUCTION AND MAINTENANCE
shall be described and filed with the register of deeds in the coun-
ty where the highways are located.
Subdivision (2). Service of Notice Upon Abutting Land Own-
ers. —The road authority shall serve written notice of such mark-
ings upon abutting land owners within 30 days after the place-
ment of the marking devices. Unless written objections are
served and filed within one year thereafter, as hereinafter pro-
vided, the boundary lines of the highways as marked shall be
final and conclusive.
Subdivision (3). Reservation of Rights of Abutting Owners —
Within one year after the notice, any abutting owner may serve
upon the road authority signed written objections to the highway
boundaries as marked, specifying wherein he believes the bound-
aries as marked to be in error. A copy thereof executed in ac-
cordance with Minnesota Statutes 1957, Section 507.24 shall be
filed with the register of deeds in the county where the highway
is located. The service and filing of the objections shall preserve
the rights of the abutting owner in and to the land in controversy
until the boundaries of the highway are judicially determined or
until agreed to by the abutting owner and the road authority.
Subdivision (4). Judicial Determination. —Within 12 months
after the service and filing of the objections, the road authority
or the abutting owner shall serve and file a note of issue with the
clerk of the district court in the county in which the land is lo-
cated. The court shall determine the correctness of the placing
of the monuments or marking devices. Except as herein other-
wise provided, the procedure shall be governed by the rules gov-
erning civil actions. When the matters shall have been finally
determined, the location of such monuments or markers shall be
in accordance with the court decree and the determination of the
location shall be final. A copy of the court decree shall be filed
by the road authority with the register of deeds. (160.14)
9.15. Presenting Section or Quarter Section Corners Is Re-
quired. —See 160.15.
9.16. Warning Signs and Detour Signs. Subdivision (1). Con-
tract to Provide for Warning Signs. Whenever the road authori-
ties enter into a contract for the construction or improvement of
any road, culvert, or bridge thereon they shall, as a condition of
the contract, provide therein that the contractor shall place suit-
able warning signs at the highways intersecting the road so to be
constructed or improved warning the public that the road under
construction or improvement is impassable at a designated place
or distance from the warning sign. The signs shall be placed at
such places as will obviate unnecessary travel by persons not
otherwise aware of the impassable condition of the roads. Noth-
ing in the provisions of Articles I through VI shall make any
town. county, or the state liable in damages for the failure of the
road authorities to provide in any contract for the erection of a
warning sign as is herein provided for, or the failure of any con-
tractor to erect same in accordance herewith.
Subdivision (2). Contractor to Place Detour Signs. —The con-
tractor, foreman, or person in charge of work or repairs on any
public road shall, when the doing of the work or repairs neces-
sitates the closing of a part of the road to traffic, post signs stat-
187
GENERAL, CONSTRUCTION AND MAINTENANCE
ing that the road is under repair and describing the direction and
distance of the detour necessary to avoid the part of the road be-
ing repaired. The signs shall be posted at the intersection of the
road under repair with the road to be traveled while detouring
and at appropriate intervals along the road.
Subdivision (3). Barricades. —The road authorities may also
provide, by contract or otherwise, for the erection of barricades,
fences or other obstructions so as to prevent traffic from entering
any impassable section of road or a section closed to public travel.
(160.1)
9.17. Road Construction Contracts - Counties and Towns.
Subdivision (1). Plans and Specifications to be Filed in Certain
Cases. —No contract for the construction or improvement of any
road by a county or town wherein the contract price exceeds
$2500 shall be let unless the plans and specifications for such con-
struction or improvement are on file in the office of the county
auditor and a true copy thereof available for reference in the of-
fice of the county highway engineer with respect to county and
county state aid highways, and with the town clerk with respect
to town roads.
Subdivision (2). Advertisement for Bids. —No county or town
road contract for construction or improvement exceeding $2500
shall be published once a week for three successive weeks, the last
general circulation published in the county where the construc-
tion or improvement is proposed to be done. The advertisement
shall be published one a week for three successive weks, the last
publication to be made at least 10 days before the time fixed for
receiving bids and letting the contract. It shall specify, generally,
the work to be done, the place where the plans and specifications
are on file, and the time and place of reciving bids and awearding
the contract.
Subdivision (3). Final Payment. —Final payment shall not be
made on any contract for road work by any county or town board
until the engineer or person in charge of the work has certified
to the county board or the town board as the case may be, that
the work has been done and performed according to contract and
the certificate shall have been filed in the office of the county
auditor or town clerk.
Subdivision (4). Misdemeanors. —Any county auditor or any
town clerk who issues a warrant or an order in final payment upon
a road contract where the amount involved in the contract ex-
ceeds the sum of $200 before the certificate provided for in sub-
division 3 shall have been filed shall be guilty of a misdemeanor.
(160.17)
9.18. Access to Roads. Subdivision (1). Culverts to be Fur-
nished on Existing Highways. —Except when the easement of ac-
cess has been acquired, the road authorities as to highways al-
ready established and constructed shall furnish one substantial
culvert to an abutting owner in cases where the culvert is nec-
essary for suitable approach to such highway.
Subdivision (2). Approaches to Newly Established Highways.
—Except when the easement of access has been acquired, the road
authorities in laying out and constructing a new highway or in re-
locating or reconstructing an old highway shall construct suitable
188
GENERAL, CONSTRUCTION AND MAINTENANCE
approaches thereto within the limits of the right of way where
the approaches are reasonably necessary and practicable, so as to
provide abutting owners a reasonable means of access to such
highway.
Subdivision (3). Approaches to Serve Particular Uses. —The
owner or occupant of property abutting upon a public highway,
having a right of direct private access thereto, may provide such
other or additional means of ingress from and egress to the high-
way as will facilitate the efficient use of the property for a partic-
ular lawful purpose, subject to reasonable regulation by and per-
mit from the road authority as is necessary to prevent interference
with the construction, maintenance and safe use of the highway
and its appurtenances and the public use thereof. (160.18)
9.19. Railroad to Carry Highway Drainage Across its Right
of Way. —When a road authority constructs a drainage ditch to
drain a highway over lands acquired for that purpose and the
ditch crosses the right of way of any railroad, it shall be the un-
compensated duty of the railroad company upon demand of the
road authority to forewith carry the ditch under and across its
right of way. (160.19)
9.20. Agricultural Drainage. Subdivision (1) Connecting
Drains to Highway Drains. —When the course of natural drainage
of any land runs to a highway, the owner of the land shall have
the right to enter upon the highway for the purpose of connecting
his drain or ditch with any drain or ditch constructed along or
across the highway, but before making the connections he shall
first obtain a written permit for the connections from the road
authority having Jurisdiction. The connection shall be made in
accordance with specifications set forth in the permits. The road
authority shall have power to prescribe and enforce reasonable
rules and regulations with reference to the connections. The
highway shall be left in as good condition in every way as It was
before the connection was made.
Subdivision (2). Constructing Tile Drain Across Highway.
—If any person desires during construction or reconstruction of a
highway to install a tile drain for agricultural benefits in a natural
drainage line in lands adjacent to any highway, and if a satis-
factory outlet cannot be secured on the upper side of the right of
way and the tile line must be projected across the right of way
to a suitable outlet, the expense of both material and labor used
in installing the tile drain across the roadbed shall be paid from
the funds available for the roads affected provided the road au-
thority is notified of the necessity of the tile drain in advance of
the construction of the roadbed so that the drain may be placed
and the roadbed constructed in the same operation. (160.20)
9.21. Snow Removal. Subdivision (1). Agreements. —Road
authorities, including road authorities of cities, villages, and
boroughs, may contract with each other for the construction and
maintenance of, or removal of snow ;rom, any or all highways
under their supervision. Such road authorities may also contract
with any agency or political subdivision of the state, including
but not limited to school districts and public sanitoriums, for the
removal of snow from publicly owned lands thereof.
Subdivision (2). Removal from Private Property. —The road
189
GENERAL, CONSTRUCTION AND MAINTENANCE
authority of any county or town may remove snow from private
property upon payment of not less than the cost thereof when
such snow removal shall be paid into the respective funds pro-
vided by law, or set aside, for highway or street purposes
Subdivision (3). Disposition of Money. —All nippney received
for snow removal shall be paid into the respedtive fuhids provided
by law, or set aside, for highway or street purposes.
Subdivision (4). Emergency Snow Removal. —Any road
authority including road authorities of cities, villages, and bor-
oughs may remove snow from any road or highway in cases of
emergency.
Subdivision (5). Deemed Employees of Hiring Authority. —
All persons while engaged in snow removal or other work as pro-
vided in this section shall be deemed for all nurnoses the em-
ployees of the road authority hiring them. (160.20)
9.21. Snow fences. —Whenever the right to establisha pub-
lic road is acquired by the state or by any of its agencies or
political subdivisions, there :shall be included in the easement so
acquired the power to erect and maintain temporary snow fences
as required upon lands adjoining the highway part of which lands
have been taken for road purposes. The right to erect and main-
tain such fences shall he considered in awarding damages and
any award shall be conclusively presumed to include the damages,
if any. caused by the right to erect and maintain such fences pro-
vided that if the state or agency or political sub -division thereof
shall file with its petition or at any time before the question of
damages is submitted to a jury a written disclaimer of its desire
and intention to acquire a right to erect and maintain snow fences
as to any particular tract of land involved then no such right shall
be acquired in such proceeding and no consideration given to such
fences as an element of damage. (117.21)
922. Trees. Subdivision (1). Planting of Trees. —Road
authorities may plant and tend trees and shrubs along highways
in rural areas in a manner so as to protect the highways from
drifting snow. In like manner, with the written consent of the
abutting landowner, trees and shrubs may be planted and tended
outside the limits of the highways.
Subdivision (2). Consent for Removal. —The trees and shrubs
shall not thereafter be removed without the consent of the road
authority.
Subdivision (3). Acquisition of Trees and Hedges. —The road
authorities may acquire by purchase, gift. or condemnation all
trees and hedges within the limits of a highway. Thereafter if
the road authority determines that the trees and hedges acquired
within the limits of a highway under its jurisdiction interfere with
the safety and convenience of public travel thereon, or interfere
with the construction. reconstruction, or maintenance thereof, it
may cut and remove the trees and hedges without notice, and may
dispose of the trees and hedges in such manner as it deems proper.
Subdivision (4), Removal of Trees and Hedges not Acquired
by Road Authorities. —When the trees and hedges have not been
acquired, the road authority may cut and remove trees and hedges
from within limits of highways under its jurisdiction when the
i
190
1
GENERAL, CONSTRUCTION AND MAINTENANCE
road authority determines that the trees and hedges interfere with
the maintenance or reconstruction of the highway or interfere with
the safety and convenience of public travel thereon.
Subdivision (5). Hearings. —Prior to ordering the cutting and
removal of trees and hedges not acquired, the road authority shall
fix a time and place of hearing in the county where the lands are
located to consider the cutting and removal of such trees and
hedges. The owners of the abutting land shall be given written
notice of the hearing at least ten days prior to the date fixed
therefor. At the hearing the abutting owners shall be given the
opportunity to be heard.
Subdivision (6). Notice of Determination. —After the hearing
the road authority shall serve notice upon the abutting owners of
its determination as to the trees and hedges. A copy of the order
or resolution shall be attached to the notice.
Subdivision (7). Appeal from Determination to Remove. —
Any abutting owner may, within 30 days from the receipt of the
notice required in subdivision 6, appeal to the district court from
the determination by filing with the clerk of the court a notice of
appeal, together with a bond of not less than $500, approved by
the court, conditioned to pay all costs arising from the appeal in
case the determination of the road authority is sustained. The
notice of appeal shall state the grounds thereof and a copy shall
be Forwarded to the road authority. The appeal shall be entered
upon the court calendar for trial at the next general term of court,
and either party shall be entitled to a jury trial.
Subdivision (8). Disposition of Timber and Wood. —If on ap-
peal is taken, or if upon appeal the road authority may cut and re-
move the trees and hedges, the timber and wood thereof shall
belong to the abutting owners, and the road authority shall cause
the wood and timber to be placed upon abutting owner's property
adjacent to the highway, doing no unnecessary damage to such
property. In case the abutting owner notifies the road authority
that he does not want the timber or wood, the road authority shall
dispose of the wood and timber in such manner as it deems proper.
Subdivision (9).Removal of Trees by Abutting Owner. —No
person shall cut or remove trees or hedges acquired by the road
authority unless the road authority shall have first consented to
the cutting or removal. (160.22)
9.23. Destruction of Noxious Weeds. —Road authorities, in-
cluding road authorities of cities, villages, and boroughs, shall
cause all noxious weeds on their respective highways and streets
to be cut down or otherwise destroyed or eradicated as often as
may be necessary to prevent the ripening or scattering of seed
and other propagating parts of such weeds. (160.23)
9.24. Logging Railroads Across Highways. Subdivision (1).
Permission to Locate. —The road authorities may gr.:nt to the
owner of any logging railroad permission to locate, construct, and
maintain a logging railroad across any highway under their juris-
diction.
Subdivision (2). Contents of Permit.
Subdivision (3). Control by Road Authority. —The construc-
tion and maintenance of the railroad crossing shall be under the
supervision and control of the road authority granting the permit.
Subdivision (4). Removal from Highway. (160.24)
191
GENERAL, CONSTRUCTION AND MAINTENANCE
9.25. Tunnels Under Highways. Subdivision (1). Permit to
Construct. —The road authorities may permit any owner or lessee
of land abutting both sides of a highway to tunnel under the high-
way for such purposes as the owner or lessee deems desirable in
utilizing the lands. (160.25)
9.26. Moving Buildings Over Highways. Subdivision (1).—To
Be Moved Without Unnecessary Interference. —Buildings or struc-
tures moved or caused to be moved upon, across, or along any
road or street, including city, village, or borough streets, shall be
moved in such manner as not to unnecessarily interfere with,
damage, or destroy any bridges, trees, hedges, fences, telephone or
electric power poles, wires, cables, or any appurtenance upon
the road or street.
Subdivision (2). Permit. —Buildings or structures together with
the vehicle or vehicles moving same of a size or weight exceeding
the maximums specified in Chapter 169 and acts amendatory
thereto shall not be moved or caused to be moved upon, across,
or along any road or street without first obtaining a written per-
mit therefor from the road authority including road authorities of
cities, villages, and boroughs having supervision over such road or
street. The county board as to highways under its jurisdiction
may authorize the county engineer to issue the permits.
Subdivision (3). Surety Bond.
Subdivision (4). Cost of Removing Fences, Poles, etc. —No
person, firm, or corporation shall be required to displace or tem-
porarily remove his or its fences, poles, wires, cables, or other
appurtenances to permit the moving of any building or structure
upon, along, or across the road or street, nor shall guard rails
and appurtenances placed upon the road or street be displaced or
moved for like reason until the reasonable cost of the displacement
shall have been paid or tendered.
Subdivision (5). Not to Apply to Road Building or Mainte-
nance Equipment. —The provisions of this section shall not apply to
road building or maintenance equipment while operating on a road
or street under construction or maintenance. (160.26)
9.27. Particular Uses of Right of Way and Misdemeanors). —
Subdivision (1). Public Notices. —With the approval of the proper
road authority, billboards for the use and purpose of displaying
public notices only may be erected within the limits of any public
highway, including city, village, or borough streets also telephones
and benches.
Subdivision (5). Misdemeanors. —Except for the actions of the
road authorities, their agents, employees, contractors, and utilities
in carrying out their duties imposed by law or contract, and except
as herein provided, it shall be unlawful to:
(1) Obstruct any highway;
(2) Plow or perform any other detrimental operation within
the road right of way except in the preparation of the land for
planting a perennial hay crop, and the harvesting of said crop;
(3) Erect a fence on the right of way of a trunk highway,
county state -aid highway or county highway, except to erect a
lane fence to the ends of a livestock pass;
(4) Dig any holes in any highway;
(5) Remove any earth, gravel or rock from any highway;
192
DEPARTMENT OF HIGHWAYS
(6) Obstruct any ditch draining any highway or drain any
noisome materials into any ditch;
(7) Place or maintain any building or structure within the
limits of any highway;
(8) Place or ,maintain any advertisement within the limits
of any highway;
(9) Paint, print, place, or affix any advertisement or any
object within the limits of any highway;
(10) Deface, mar, damage, or tamper with any structure,
work, material, equipment, tools, signs, markers, signals, paving,
guardrails, drains, or any other highway appurtenance on or along
any highway;
(11) Remove, injure, displace, or destroy right of way mark-
ers, or reference or witness monuments, or markers placed to
preserve section or quarter section corners;
(12) Improperly place or fail to place warning signs and
detour signs as provided by law;
(13) Drive over, through, or around any barricade, fence, or
obstruction erected for the purpose of preventing traffic from
passing over a portion of a highway closed to public travel or to
remove, deface, or damage any such barricade, fence, or obstruc-
tion.
Violations hereof shall be prosecuted by the county attorney
of the county where the violations occur. Any person convicted of
such violations shall be guilty of a misdemeanor.
Subdivision (6). Removal of Unauthorized Advertisements.
Buildings, or Structures in or on a Public Highway. —The road
authorities may take down, remove, or destroy any advertisement,
building or structure in or upon any highway in violation of this
section. (160.27)
9.28. Seeding along highways —.Any person living upon or own-
ing land fronting on a public rural highway, a portion of which is
not in actual use or needed for public travel, may plow, level, and
seed the same to grass, except within one rod of the center. But
he shall not by such work interfere with the travel upon the road,
or the improvements of the same, or be entitled to compensation
therefor, or acquire title to any portion of said road thereby. Any
person, other than one having supervision of the road under author-
ity of the town or county board, or commissioner of highways, who
shall plow up or dig up any part of the road, except as above speci-
fied, shall be guilty of a misdemeanor. (160.27)
ARTICLE II
Department of Highways
NOTE: The Commissioner's authority is extensive. For details
thereof and powers of Highway Patrol see Minnesota Statutes
161.01, etc.
10.00. Approval of Plans. Subdivision (1). Routes Other
Than Interstate System. —Except for routes on the interstate sys-
tem, no portion of the trunk highway system 1' ing within the cor-
porate limits of any city, village, or borough shall be constructed,
reconstructed, or improved unless the plans therefor shall be ap-
proved by the governing body of the city, village, or borough be-
193
DEPARTMENT OF HIGHWAYS
fore such work is commenced, nor shall the grade of such portion
of the trunk highway system lying within such corporate limits
be changed without the consent of the governing body of the city,
village, or borough. This section shall not be construed to limit
the power of the commissioner otherwise provided by law to
regulate traffic or install traffic control devices or other safety
devices on trunk highways located within cities, villages, or bor-
oughs.
Subdivision (2). Interstate System —It is hereby declared that
construction o4 the interstate system of highways will vitally af-
fect the future development of the cities, villages, and boroughs
through which these routes pass and such municipalities should
have an important role in the development of this highway system.
Before the commissioner proceeds with the preparation of the
final plans for the construction, reconstruction, or improvement of
any route on the interstate system lying within any city, village,
or borough, he shall submit to its governing body preliminary
plans covering the route location. The preliminary plans shall be
submitted as part of a report containing such supporting data that
the commissioner deems helpful to the governing body in apprais-
ing the plans submitted. (161.17)
10.01. Certain Records Obtained and Filed. —Upon the written
request of the commissioner, the clerk of any court, the auditor of
any county, the clerk of any town, or the recorder or clerk of any
city, village, or borough shall furnish a copy of the proceedin's,
documents, and plats, if any, relating to the establishment of any
road or the procuring of the right of way of any road which has
been or may be taken over by the state of Minneso*a as a trunk
highway. The copy shall be filed in the records of the commis-
sioner and shall be prima facie evidence of the existence of the
road as described therein. The legal fee for the copies shall be
paid from the trunk highway fund. (161.19)
10.02. Changes Required by Construction of Trunk Highway.
Subdivision (1). Change of Grade on Intersecting Highway or
Street. —When the construction or reconstruction of a trunk high-
way results in a change of grade which necessitates a change of
grade in intersecting or connecting highways or streets, including
city, village, or borough streets, the cost of making the grade
changes and any damages occasioned thereby shall be paid out of
the trunk highway fund.
Subdivision (2). Access to Isolated Property. —When the
establishment, construction, or reconstruction of a trunk highway
closes off any other highway or street, or private road including
city, village, or borough streets at the boundary of such trunk
highway and the opposite terminal of the highway or street or
private road closed off is a cul de sac, and there are no connecting
road or streets between such cul de sac and the trunk highway,
thereby isolating properties theretofore served by the highway or
street or private road with another public highway or street so as
gation of damages, construct a road either within or without the
limits of the trunk highway, connecting the closed off highway or
street of private road with another public highway or street so as
to provide road accessibility to such properties. All lands nec-
essary therefor may be acquired by purchase, gift, or condemna-
tion.
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DEPARTMENT OF HIGHWAYS
Subdivision (3). Maintenance. —Any road so constructed out-
side the limits of the trunk highway shall be maintained by the
road authority having jurisdiction over the highway or street
closed off. Any private road constructed outside the limits of the
trunk highway connecting the private road with a public highway
shall be the responsibility of the property owner or owners served
thereby.
Subdivision (4). Agreements. —The commissioner and the
road authority affected may enter into agreements upon such
terms as may be agreed upon, to provide for the construction by
the road authority of such grade changes or connecting roads.
(161.24)
10.03. Trunk Highways In Municipalities, Construction Agree-
ments, Improving Trunk Highways to Greater Than Normal Width.
Subdivision (1). Agreements. —Road authorities, including the
road authorities of any city, village, or borough, may enter into an
agreement with the commissioner for the construction of a road-
way or structure of greater width or capacity than would be nec-
essary to accomodate the normal trunk highway traffic upon any
trunk highway within its boundaries, and may appropriate from
any funds available and pay into the trunk highway fund such
sums of money as may be agreed upon. Nothing herein contained
shall prevent any city, village, or borough from constructing the
portions of the street not included in the trunk highway system
independent of any contract with the commissioner; provided the
construction conforms to the reasonable regulations as the com-
missioner may prescribe as to grade and drainage.
Subdivision (2). Maintenance Agreements. —Where a trunk
highway is located over or along a street in any city. village, or
borough which street is or may be improved to a width greater
than the normal width of such trunk highway, the road authority
of the city, village, or borough may enter into an agreement with
the commissioner for the maintenance of the additional width by
the commissioner and shall in accordance with the agreement ap-
propriate and pay into the trunk highway fund such sums of money
as may be agreed upon. Nothing herein contained shall be con-
strued to prevent any city or village maintaining such additional
width at its own expense independent of any contract with the
commissioner.
Subdivision (3). Construction and Maintenance Agreements.
—The commissioner for and on behalf of the state may enter into
agreements with municipalities for the construction, improvement,
and maintenance of trunk highways with the limits of said munici-
palities, including but not limited to agreements for the construc-
tion and maintenance of frontage roads upon and along trunk
highways within the limits of said municipalities, and the munici-
palities are authorized to enter into such agreement with the com-
missioner for the performance and responsibility of the work upon
such terms as may be agreed upon.
Subdivision (4). Letting of Public Contract by Commissioner
Deemed to Comply with Statutory or Charter Provisions Requiring
City, Village, or Borough to do Certain Things. —Whenever the road
authority of any city, village, or borough enters into an agreement
with the commissioner pursuant to this section, and a portion of
the cost is to be assessed against benefited property, the letting
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DEPARTMENT OF HIGHWAYS
of a public contract by the commissioner for the work shall be
deemed to comply with statutory or charter provisions requiring
the city, village, or borough (1) to advertise for bids before award-
ing a contract for a public improvement, (2) to let the contract to
the lowest responsible bidder, and (3) to require a performance
bond to be filed by the contractor before undertaking the work.
The contract so let by the commissioner and the performance
bond required of the contractor by the commissioner shall be
considered to be the contract and bond of the city, village, or bor-
ough for the purpose of complying with the requirements of any
applicable law or charter provision, and the bond shall inure to
the benefit of the city, village, or borough and operate for their
protection to the same extent as though they were parties thereto.
Subdivision (5). Definition of "Municipalities." —For the pur-
pose of this section the term "municipalities" shall include coun-
ties, cities, villages, boroughs, and towns.
Section 39. Aid to Other Departments. Subdivision (1).
Technical and Engineering Assistance, Surveys and Plans. —Upon
the request of any road authority, including the road authority of
any city, village, or borough, the commissioner may provide tech-
nical and engineering advice, assistance and supervision to the
road authority and may make surveys and prepare plans for the
location, construction, and reconstruction of any highway, street,
road, or bridge under the jurisdiction of the requesting road au-
thority.
10.04. Highway Patrolmen, Duties, Number. —The commis-
sioner of highways is hereby authorized to employ and designate
not to exceed 227 persons and a chief supervisor, and such assist-
ant supervisors and sergeants as hereinafter provided, who shall
comprise the Minnesota Highway Patrol. The members of the
Minnesota Highway Patrol shall have the power and authority:
(1) As peace officers to enforce the provisions of the law
relating to the protection of and use of trunk highways.
(2) At all times to direct all traffic on trunk highways in
conformance with law, and in the event of a fire or other emer-
gency, or to expedite traffic or to insure safety, to direct traffic
on other roads as conditions may require notwithstanding the
provisions of law.
(3) To serve warrants anywhere in the state in cases initiat-
ed by a member of the Minnesota Highway Patrol for offenses
committed on trunk highways.
(4) To serve orders of the commissioner of highways or his
duly authorized agents issued under the provisions of the Drivers
License Law, the Safety Responsibility Act, or relating to au-
thorized brake and light testing stations, anywhere in the state and
to take possession of any license, permit, or certificate ordered
to be surrendered.
(5) To conduct drivers license examinations anywhere in the
state when specifically so directed by the commissioner.
(6) To inspect official brake and light adjusting stations.
(7) To make appearances anywhere within the state for the
purpose of conducting traffic safety educational programs and
school bus clinics.
(8) Upon all trunk highways the same powers with respect
to the enforcement of laws relating to crimes, as sheriffs, con-
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DEPARTMENT OF HIGHWAYS
stables, and police officers have within their respective jurisdic-
tion, so far as may be necessary for the protection of life and
property upon such trunk highways.
(9) Under instructions and regulations of the commissioner
of highways, said employees shall cooperate with all sheriffs and
other police officers, and to that end are authorized to exercise
the powers herein conferred upon all trunk highways and, for the
purpose of continuing pursuit from such trunk highways of offend-
ers thereon upon all public highways connecting and traversing
such trunk highways, provided that said employees shall have no
power or authority In connection with strikes or industrial dis-
putes.
(10) To assist and aid any peace officer whose life or safety
is in jeopardy.
Employees thus employed and designated shall subscribe an
oath and furnish a bond running to the State of Minnesota, said
bond to be approved and filed in the office of the secretary of
state. (161.03 Subd. 21)
10.05. Highway Patrol. Subdivision (1). Fines and Forfeited
Bail Money. —All fines and forfeited bail money, from traffic and
motor vehicle law violations, collected from persons apprehended
or arrested by such employees, shall be paid by the justice of the
peace, or such other person or officer collecting such fines, for-
feited bail money or installments thereof, within 15 days after the
last day of the month in which such moneys were collected, to
the county treasurer of the county where the violation occurred.
Three -eighths of such receipts shall be credited to the general
revenue fund of the county. The other five -eighths of such receipts
shall be transmitted by that officer to the State treasurer and shall
be credited to a separate account. All costs of participation in a
nation-wide police communication system chargeable to the State
of Minnesota shall be paid from such account. On the first day of
each calendar month the money remaining in such account, not
needed for the purposes specified in this subdivision, shall be cred-
ited to that part of the trunk highway fund which is set apart
for maintenance purposes, and so much of the maintenance fund as
shall be necessary for the salaries and maintenance of such
employees is hereby appropriated for that purpose. (161.47)
ARTICLE III
County and Municipal State Aid Highways
11.00. County State -Aid Highway System. Subdivision (1).
Creation. —There is created a county state -aid highway system
which shall be established, located, constructed, reconstructed,
improved, and maintained as public highways by the several
counties under rules and regulations not inconsistent with this
section made and promulgated by the commissioner as hereinafter
provided.
If a county state -aid highway is established over a center
portion of any street in a city, village, or borough having a popula-
tion of over 5,000, then the remaining portion of the street may be
established as a municipal state -aid street.
Subdivision (2). Rules and Regulations. —The rules and reg-
ulations shall be made and promulgated by the commissioner.
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DEPARTMENT OF 'HIGHWAYS
Subdivision (6). System to Include Certain Roads. —The sys-
tem shall include all roads and extensions thereof which were
designated on June 30, 1957 as state -aid roads, and which were on
June 30, 1957 under the jurisdiction of the counties, and shall in-
clude all roads which were designated on June 30, 1957 as state -
aid parkways; provided, that with the consent and approval of the
commissioner, any roads made a part of the county state -aid
highway system by the provision of this subdivision may be aban-
doned, changed, or revoked by the county board having jurisdiction
over such roads.
Subdivision (7). Establishment of System in New Location or
Over Established Roads. —The county board of any county may
establish and locate any county state -aid highway on new location
where there is no existing road, or it may establish and locate the
highway upon or over any established road or street or a specified
portion thereof within its limits; provided, that no county state -
aid highway shall be established or located within the corporate
limits of any city, village, or borough without the approval of the
governing body of the city, village, or borough. The approval shall
be in the manner and form required by the commissioner.
Subdivision (8). Approval by City, Village, or Borough —No
portion of the county state -aid highway system lying within the
corporate limits of any city, village, or borough shall be construc-
ted, reconstructed, or improved nor the grade thereof changed
without the prior approval of the plans by the governing body of
such city, village, or borough and the approval shall be in the
manner and form required by the commissioner. (162.02)
11.01 Apportionment of Moneys to Counties by Highway Com-
missioner. —See M.S.A. 162.06 to 162.07.
11.02. Allocation of Apportionments. Subdivision (1). Al-
location. —When the commissioner has determined the sum of
money to be apportioned to each county as hereinbefore provided,
he shall allocate a percentage of such sum for expenditure solely
on those portions of each county's county state -aid highways lo-
cated within cities, villages, and boroughs having a population of
less than 5,000 according to the last federal decennial census. The
percentage so allocated shall equal the percentage that the total
needs of the county state -aid highway system in such cities, vil-
lages„ and boroughs bears to the total county state -aid highway
needs in each county. Money so allocated shall be set apart and
credited to the municipal account of each county.
Subdivision (2). Statement. —As soon as the commissioner
has determined the amount of money to be apportioned to each of
the counties, and as soon as he has determined of such amount the
sum to be allocated for expenditure on those county state -aid
highways located within cities, villages, and boroughs having a
population of less than 5,000, he shall forthwith send a statement
of the amount to the state auditor, and the county auditor and
county engineer of each county. The amounts so apportioned and
allocated to each county shall be paid by the state to the treasurer
of each county out of the county state -aid highway fund as herein-
after provided, and in accordance with rules and regulations made
and promulgated by the commissioner not inconsistent herewith.
Subdivision (3). Aid to Townships. —Any county that prior
to July 1, 1957, distributed to the towns within the county a portion
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DEPARTMENT OF HIGHWAYS
of the money apportioned to it out of the state road and bridge
fund, or now seeks to turn roads back to the townships, may, by
resolution, allocate to the towns within its boundaries so much of
the money apportioned to it under the provisions of sections 162.08
and 162.09 that it deems necessary to aid the townships in the
construction of town roads. The resolution shall set forth the
amount of money or the percentage of its apportionment that the
county has allocated to the towns. A certified copy of the resolu-
tion shall be forwarded to the commissioner on or before the sec-
ond Tuesday of January of each year. Upon receipt of such resolu-
tion and as soon as he has determined the amount of money to be
apportioned to the county, the commissioner shall certify to the
state auditor the amount of money, as set forth in the resolution,
that is to be paid out of the county's apportionment for distribution
to the towns. The state auditor shall thereupon issue a warrant
in that amount payable to the county treasurer, and the proceeds
thereof shall be distributed by the county to the towns. All money
so allocated and distributed shall be used by the towns solely for
the construction of town roads in accordance with standards ap-
proved by the County Board. No part of the money allocated for
expenditure solely within cities, villages and boroughs having a
population of less than 5,000 shall be allocated or distributed to the
towns. The Commissioner of Highways shall maintain a permanent
record of the allocations of county state -aid highway funds to the
townships in each county. In making the annual apportionments
of county state -aid highway funds, he shall reduce the money
needs of said counties in the amount necessary to equalize their
status with those counties not making such township allotments.
Subdivision (4). Purposes. —Except as provided in subdivision
3, money so apportioned and allocated to each county shall be used
for aid in the establishment, location, construction, reconstruction,
improvement, and maintenance of the county state -aid highway
system within each county including the expense of signals and
safety devices on such system approved by the commissioner.
Subdivision (5). Advances to Municipal Account. —Any coun-
ty may make advances from any available funds, including funds
made available by a city, village or borough pursuant to suLdivi-
sion 6 to the municipal account for the purpose of completing
work on any portion of its county state -aid highway system within
cities, villages, and boroughs having a population of less than
5,000.
Subdivision (6). Advances of City, Village or Borough
Funds —Financing. —Any city, village, or borough having a popula-
tion of less than 5,000 may, by agreement with the county pursuant
to section 17, subdivision 2 and under rules and regulations of the
commissioner and with his consent, use available funds for the
purpose of accelerating construction of any portion of the county
state aid highway system within its limits. To finance such con-
struction, the city, village, or borough may issue its obligations to
the same extent and in the same manner as for financing con-
struction of any other street. By such agreement, the county may
pledge itself to use any part of one or more future allotments to
its municipal account to reimburse the city, village, or borough
for all or any portion of the money so spent by the city, village,
or borough, not including interest on obligations issued to finance
the project. A copy of the agreement shall be filed with the com-
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DEPARTMENT OF HIGHWAYS
missioner. Thereafter, as allotments are credited annually to the
municipal account of the county, the commissioner shall certify
to the state auditor that payments to the county may be made 1n
the amounts and at the times specified in the agreement within
the limits of the amounts so credited. The county shall pay funds
so received to the city, village, or borough in accordance with the
terms of the agreement. (162.08)
11.03. Municipal State -Aid Street System. Subdivision (1).
Creation. —There is created a municipal state -aid street system
within cities, villages, and boroughs having a population of 5,000
or more. The system shall be established, located, constructed,
reconstructed, improved, and maintained as public highways with-
in such cities, villages, and boroughs under rules and regulations,
not inconsistent with this section, made and promulgated by the
commissioner as hereinafter provided.
Subdivision (4). Federal Decennial Census to be Conclusive.
—In determining whether any city, village, or borough has a pop-
ulation of 5,000 or more, the last federal decennial census shall be
conclusive; provided, that if an entire area not heretofore incor-
porated as either a city, village, or borough is incorporated as such
during the ten year interval between federal decennial censuses,
its population shall b determined by its incorporation census. The
incorporation census shall be determinative of the population of
the city, village, or borough only until the next federal decennial
census.
Subdivision (5). Joint County State -Aid Highway and Munici-
pal State -Aid Street. —In the event that any county establishes
and locates a county state -aid highway upon and over a center
portion of a street within such city, village, or borough, the
remaining portion of the street may be a municipal state -aid
street.
Subdivision (6). Establishment. —The governing bodies of
such cities, villages, and boroughs shall by resolution and subject
to the concurrence of the commissioner locate and establish a
system of municipal state -aid streets in accordance with the rules
and regulations of the commissioner. A certified copy of the reso-
lution shall be transmitted to the commissioner. Upon receipt of
the resolution it shall be the duty of the commissioner to review
each system, considering the availability of funds and the desir-
ability of each system in relation to an integrated and coordinated
system of highways. After review( the commissioner shall, by writ-
ten order, approve each system or any portion thereof which in
his judgement is feasible and desirable. A certified copy of the
order shall be filed with the clerk and the engineer of the city,
village, or borough.
Subdivision (7). Acquisition of Lands and Properties Needed.
—The governing bodies of such cities, villages, or boroughs shall
have the power to acquire by purchase, gift, or eminent domain
proceedings, lands and properties necessary for the establishment,
location, construction, reconstruction, improvement, and mainten-
ance of the municipal state -aid street system.
Subdivision (8). Establishment Over Existing Streets or New
Location. —The governing body of any such city, village, or bor-
ough, subject to the concurrence of the commissioner, may estab-
lish and locate any municipal state -aid street on new locations
200
DEPARTMENT OF HIGHWAYS
where there is no exisiting street, or it may establish and locate
such street upon and over any established street or specified por-
tion of any street within its limits. (162.09)
11.04. Limitation on Payment of Contract Prices. —Whenever
the construction or improvement of any municipal state -aid street
is to be done by contract, the governing body of the city, village,
or borough may agree in the contract to pay the contractor an
amount not exceeding 90 per cent of the value of the work from
time to time actually completed, as shown by monthly estimates
thereof made by the engineer of the city, village, or borough on the
basis of the contract prices. In such case it shall be lawful for the
appropriate disbursing officers of the city, village, or borough to
pay the contractor an amount equal to the specified percentage
of the value of the work so completed and specified in the engin-
eer's monthly estimate without allowance of a claim therefor by
the governing body of the city, village, or borough. (162.10)
11.05. Percentage of Highway User Distribution Fund Paid
to Municipal State -Aid Street Fund. —Nine per cent of the net
highway user tax distribution fund shall be paid into the munici-
pal state -aid street fund. (162.11)
11.06. Accruals to Municipal State -Aid Street Fund.—(162.12)
11.07. Formula to Determine Village and Borough Aid.
(162.13)
11.08. Apportionment to Cities and Villages. Subdivision (1).
Statement. —As soon as the commissioner has determined the
amount of money to be apportioned to each of the cities, villages,
or boroughs having a population of 5,000 or more, he shall forth-
with send a statement of the amount to the state auditor and to
the clerk and engineer of each such city, village, or borough. The
amount so apportioned to each city, village, or borough shall be
paid by the state to the fiscal officer of the city, village, or bor-
ough out of the municipal state -aid street fund as hereinafter
provided and in accordance with rules and regulations promulgated
by the commissioner, not inconsistent herewith.
Subdivision (2). Purposes for Which Money is Apportioned.
—Money so apportioned to each such city, village, or borough shall
be used for aid in the establishment, location, construction, recon-
struction, improvement, and maintenance of the municipal state -
aid street system within each city, village, or borough including
the expense of signals and safety devices on such system approved
by the commissioner, provided that in the event of hardship or
in the event that the municipal state -aid street system of any
municipality is improved to the standards set forth in the com-
missioner's rules and regulations, subject to the consent of the
commissioner and under rules and regulations of the commis-
sioner, a portion of the money so apportioned may be used on
other streets or roads within the city, village, or borough. The
governing body of any such city, village, or borough may, subject
to the consent of the commissioner, and under the rules and regu-
lations of the commissioner, use a portion of the mcney so appor-
tioned on any state trunk highway or county state -ad highway
within the city, village, or borough. The amount of money to be
201
DEPARTMENT OF HIGHWAYS
appropriated by such cities, villages, and boroughs from other
funds .or use in the establishment, location, construction, recon-
struction, improvement„ and maintenance of the municipal state -
aid street system within the city, village, or borough is hereby left
to the deriction of the individual governing bodies of the cities,
villages, and boroughs.
Subdivision (3). Maintenance. —The proportion of each such
city's village's and borough's annual apportionment to be used for
maintenance on its respective municipal state -aid street system
shall be a joint determination of the commissioner and the gov-
erning body of each city, village, and borough. In the event that
agreement cannot be reached, the determination of the commis-
sioner shall be final.
Subdivision (4). Project Approval and Reports. —When the
governing body of any such city, village, or borough determines to
do any construction work on any municipal state -aid street or
other streets within the city, village, or borough upon which money
apportioned out of the municipal state -aid street fund may be used
as provided in subdivision 2, the governing body shall first obtain
the approval of the commissioner. Thereafter, the engineer o1 the
city, village, or borough shall make reports in such manner as
the commissioner requires in accordance with the commissioner's
rules and regulations. Upon receipt of satisfactory reports, the
commissioner shall certify to the state auditor the amount of
money that is eligible to be paid from the city's, village's, or bor-
ough's apportionment for the work under contract or actually
completed. The state auditor shall hereupon issue a warrant in
that amount payable to the fiscal officers of the city, village, or
borough. In no event shall the warrant with all other warrants
issued exceed the amount apportioned to the city, village, or bor-
ough.
Subdivision (5). State Auditor Not to Issue Any Warrants
Without Certificate. —The state auditor shall not issue any war-
rants as provided for in subdivision 4 without the prior certifica
tion of the commissioner. (162.14)
11.09. Agreements Between County Boards and Cities and
Villages. Subdivision (1). Agreements With Cities, Villages, or
Boroughs Having a Population of 5,000 or More. —The governing
body of any city, village, or borough having a population of 5,000
or more may enter into cooperative agreements with the county
board of the county in which the city, village, or borough is lo-
cated, providing for the division of costs and responsibilities to be
borne by each for right of way, construction, improvement and
maintenance, including snow removal, of county state -aid high-
ways and municipal state -aid streets established and located with-
in such cities, villages, and boroughs.
Subdivision (2). Agreements With Cities, Villages, or Bor-
oughs Having a Population of Less Than 5,000.—The governing
body of any city, village, or borough having a population of less
than 5,000 may enter into an agreement with the county board of
the county in which it is located for the construction of any coun-
ty state -aid highway within the corporate limits of the city, vil-
lage, or borough. The plans and specifications for the construction
202
DEPARTMENT OF HIGHWAYS
shall be prepared by the county engineer or by an engineer
employed by the city, village, or borough as may be agreed upon
by the governing body of the city, village, or borough and the
county board, and shall be approved by the governing body and
the county board. It may be agreed that the city, village, or bor-
ough shall perform the construction and that the county shall
reimburse the city, village, or borough for its share thereof as
may be agreed upon, or that the county shall perform the con-
struction and that the city, village, or borough shall reimburse
the county for its share thereof as may be agreed.
Subdivision (3). Maintenance Agreements. —The governing
body of any city, village, or borough having a population of less
than 5,000 may enter into an agreement with the county board of
the county in which it is located for the maintenance of and snow
removal from any county state -aid highway within the corporate
limits of the city, village, or borough. The agreement may provide
that the maintenance and snow removal be performed by the
county board at the sole expense of the county, or that the city,
village, or borough perform the snow removal and maintenance
and the county pay to the city, village, or borough an amount
determined in accordance with the provisions of Subdivision 4
hereof.
Subdivision (4) Maintenance and Snow Removal; Determina-
tion of Cost Thereof. —It shall be the primary duty of the county
to maintain and to remove snow from all county state -aid high-
ways within the corporate limits of any city, village, or borough
in the county. If no agreement therefor be made with the govern-
ing body of the city, village, or borough, the county board may
elect as to such cities, villages or boroughs in the county, either
that the county perform the snow removal and maintenance or, in
lieu thereof, that the county pay to the city, village, or borough
annually, an amount per mile of the county state -aid highway
within the corporate limits thereof, not less than the average an-
nual cost per mile of maintaining and removing snow from all
county state -aid highways of the county outside the corporate
limits of any such city, village, or borough therein. If the latter
election be made by the county board of any county, the govern-
ing body of any city, village, or borough affected shall re respon-
sible for and shall maintain and remove the snow from the coun-
ty state -aid highways within its corporate limits. On or before
September 1 of each year, the county board shall notify the gov-
erning body of each city, village, or borough affected within the
county of its election for the ensuing calendar year made pursuant
to the provisions of this section.
Subdivision (5). County Contract In Certain Cases To Be
Deemed in Compliance with Statutory or Charter Provisions of
City, Village, or Borough. —Whenever the governing body of a city,
village, or borough enters into an agreement with a county as
provided herein, it may appropriate to the county from any funds
available such sums of money as it has agreed to pay. When a
portion of the costs agreed to be paid by a city, village, or borough
is to be assessed against benefited property, the letting of a public
contract by the county for the work shall be deemed to be in com-
pliance with statutory or charter provisions requiring the city, vil-
lage, or borough:
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COUNTY ROADS
(1) To advertise for bids before awarding a contract for a
public improvement,
(2). To let the contract to the lowest responsible bidder, and
(3) To require a performance bond to be filed by the con-
tractor before undertaking the work.
Subdivision (6). Bond to Inure to Benefit of City, Village, or
Borough. —The contract so let by the county and the performance
bond required of the contractor by the county shall be considered
to be the contract and bond of the city, village, or borough for
purposes of complying with the requirements of any applicable
law or charter provision, and the bond shall inure to the benefit
of the city, village, or borough and operate for their protection to
the same extent as though they were parties thereto. Nothing here-
in contained is a limitation of the power of any county to ap-
point the commissioner of highways its agent to accept federal
funds and award contracts for the construction, improvement, or
maintenance of county state -aid highways pursuant to law, and
any contract let by the commissioner of highways as the agent
of a county shall be construed hereunder as having been let by
the county. (162.17)
11.10. Bonds. Subdivision (1). Limitation on Amount —
Any city or village having a population of 5,000 or more, except
a city now or hereafter having a population of 500,000 or more,
may in accordance with Minnesota Statutes, Chapter 475, except
as otherwise provided herein, issue and sell its obligations for
the purpose of establishing, locating, relocating, constructing, re-
constructing, and improving municipal state -aid streets therein.
In the resolution providing for the issuance of the obligations, the
governing body of the municipality shall irrevocably pledge and
appropriate to the sinking fund from which the obligations are
payable, an amount of the moneys alloted or to be allotted to the
municipality from its account in the municipal state -aid street
fund sufficient to pay the principal of and the interest on the ob-
ligations as they respectively come due. (163.11)
ARTICLE IV
County Roads
NOTE: Sections 9 etc., 10 etc., and 11 etc. of this manual also
pertain to these roads. Chapter 163, pertains to the powers of the
County Board over county roads. Included here are laws of interest
to Village and Town Officers.
12.00. Local Roads or Streets. —The county board of any
county may appropriate from its road and bridge fund to any
town, village, borough, or city of the second, third, or fourth class
in its county, such sums of money as are available and which it
deems advisable to aid such towns, villages, boroughs, or cities of
the second, third, or fourth class in the construction and mainte-
nance of roads, streets, or bridges therein, and the appropriations
may be directly expended by the county board, upon the roads,
streets, or bridges as shall be designated by the govern'ng bodies
of the towns, villages, boroughs, or cities of the second, third, and
fourth classes. In counties having a population of 400,000 or over,
the county aid may be expended in accordance with the provisions
of Laws 1905, Chapter 164, as amended. No village, borough, or
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COUNTY ROADS
city of the second, third, or fourth class shall receive, except as
otherwise authorized by law, an appropriation hereunder exceed-
ing 20 per cent of the annual county tax levy for road and bridge
purposes paid by the village, borough, or city of second, third, or
fourth class.
Subdivision (3). Expenditures on Bridges Within Certain
Cities, Villages, and Boroughs. —When the council of any village,
borough, or city of the third or fourth class may determine that it
is necessary to build or improve any bridge or bridges, including
approaches thereto, and any dam or retaining works connected
therewith, upon or forming a part of streets or highways either
wholly or partly within its limits the county board shall appropri-
ate one-half of the money as may be necessary therefor from the
county road and bridge fund, not exceeding during any year one-
half of the amount of taxes paid into the county road and bridge
fund during the preceding year, on property within the corporate
limits of the village, borough, or city. The appropriation shall be
made upon the petition of the council, which petition shall be
filed by the council with the county board prior to the fixing by the
board of the annual county tax levy. The county board shall de-
termine the plans and specifications, shall let all necessary con-
tracts, shall have charge of construction, and upon its request,
warrants in payment thereof shall be issued by the county auditor,
from time to time, as the construction work proceeds. Any unpaid
balance may be paid or advanced by the village, borough, or city.
On petition of the council, the appropriations of the county board,
during not to exceed three successive years, may be made to apply
on the construction of the same itms and to repay any money
advanced by the village, borough, or city in the construction there-
of. None of the provisions of this section shall be construed to be
mandatory as applied to any village, borough, or city whose as-
sessed valuation exceeds $500 per capita of its population.
(163.04, Subd. 2)
12.01. Revocation and Reversion. —The county board, by reso-
lution, may revoke any county highway. The highway shall there-
upon revert to the town in which it is located; provided that any
such revoked highway or portion thereof lying within the corpo-
rate limits of any city, village, or borough shall become a street
of such city, village, or borough. Roads or streets or any por-
tion thereof so revoked and turned over to the town, city, village,
or borough may be vacated by the town, city, village, or borough
in the same manner as other town roads or city, village, or bor-
ough streets are vacated. If the vacation occurs within one year
after the revocation by the county, damages occasioned by the
vacation shall be paid by the county out of its road and bridge
fund. No award of damages shall be made by the town, city, vil-
lage, or borough for such vacation without the concurrence of the
county board, and no action brought to recover damages for the
vacation shall be settled or otherwise disposed of without the con-
sent of the county board. The county board may defend any ac-
tion brought to recover damages for the vacation in the same
manner and to the same extent as in a proceeding to vacate a
county highway. (163.11, Subd. 5)
12.02. Impassable Roads. Subdivision (1). Complaint. —When
205
COUNTY ROADS
a written complaint, signed by five or more freeholders of any
town is presented to the county board stating that a described
town road in or on the line of the town has not been opened and
constructed or is not properly maintained, and because of such
neglect is not reasonably passable, the county board by resolution,
shall fix a time and place for hearing the complaint. The county
auditor shall mail a copy of the complaint, together with notice of
the time and place of hearing on the complaint, to the town clerk.
All persons signing the complaint shall also be notified of the time
and place of the hearing by the county auditor.
Subdivision (2). Hearing on Complaint. —At the designated
time and place the county board shall consider the complaint and
hear and consider such testimony as may be offered by the officers
of the town and the complainants relative to the matters set forth
in the complaint. The chairman of the county board, or the presid-
ing officer thereof, may administer oaths to witnesses and require
them to testify under oath. The county board may drive over the
road and make such further investigations as it deems necessary.
Subdivision (3). Determination, Statement of Costs, Payment
To Be Made by Town. —If upon the hearing and investigation the
county board shall be of the opinion that the complaint is well
founded, it shall by resolution direct the town board to do such
or to make such improvements as it shall deem necessary to put
the road in a passable condition. The resolution shall specify
generally the work which is deemed necessary. The county audi-
tor shall cause a copy of the resolution to be mailed to the clerk
of the town. If the town for a period of 30 days after the mailing
of the notice, fails or neglects to do the work or make the im-
provements set forth in the resolution, the county board may
cause the work to be done or the improvements made, and the
cost thereof shall be paid from the county road and bridge fund;
provided that no such work shall be performed by the county
when the cost thereof exceeds $3,000 per mile.
Subdivision (4). Statement of Cost; Tax Levy. —When any
county board shall have performed any work or made any im-
provement on any such road, it shall cause to be prepared in dupli-
cate an itemized statement of the cost of the work or improvement.
The statement shall be filed with the county auditor and a copy
thereof shall be mailed by the county auditor to the clerk of the
town. The town clerk shall forthwith notify the several members
of the town board that such a statement has been filed and that a
meeting of the town board to act thereon will be held at a time
to be specified in the notice, not later than ten days after the
receipt of the notice from the county auditor. The town board
shall meet at the time and place specified in the notice so given
by the clerk and levy a special tax upon all the taxable property
in the town in an amount sufficient to pay the amount expended
by the county in performing the work or making the improve-
ment. The tax so levied shall be certified to the county auditor
on or before October 15 next succeeding, and the county auditor
shall extend the same with other town taxes upon the tax list of
the town. If the town board shall for any reason fail to act as
herein provided, the county auditor is hereby authorized and di-
rected to levy the tax and extend the same with other town
taxes upon the tax list of the town. The tax shall be collected
and the payment thereof enforced in the same manner and subject
206
COUNTY ROADS
to the same penalties and interest as other town taxes. When
collected the tax shall be paid into the county treasury and credit-
ed to the county road and bridge fund. (163.16)
ARTICLE V
Town Roads
NOTE: Sections 9, 10, 11 and 12 of this manual also pertain to
these roads.
13.01. Definitions: For the purpose of MSA 160 to 165 see the
terms defined in 9.02 of this manual. (164.01)
13.02. Town Roads. Power of Town Boards. Subdivision (1).
Establishment and Supervision. —Town roads shall be established,
located, relocated, constructed, reconstructed, improved and main-
tained, or vacated by the several towns. The town boards shall
have supervision over town roads, and they may employ such men
as they deem necessary to carry out their duties. They may ap-
propriate and expend such sums of money from their respective
town road and bridge funds as they deem necessary for the estab-
lishment, location, relocation, construction, reconstruction, im-
provement and maintenance, or vacation of such roads.
Subdivision (2). Acquisition. —They may acquire by purchase,
gift, or eminent domain proceedings, as provided by law, all neces-
sary right of way for such roads, purchase all necessary roar.
material, purchase or rent machinery, tools, and supplies needed
therefor, and may construct buildings, or rent or acquire by pur-
chase, gift, or condemnation, grounds and buildings necessary for
the storing and housing of the material, machinery, tools, and
supplies. (164.02)
13.03. Expenditures. Subdivision (1). Appropriation of
Money to Aid County Highway or County State -Aid Highway. —
When authorized by a vote of the electors at any annual meeting
or at any special meeting called for that purpose, the town board
of any town may appropriate money from the town road and bridge
fund to aid in the construction, improvement, or maintenance of
any county highway or county state -aid highway located within
the town.
Subdivision (2). Appropriation of Money to County For Use
on Town Roads. —When authorized by the electors, and with the
consent of the county board, the town board may appropriate
money to the county from the town road and bridge fund for the
construction, improvement, and maintenance of town roads, desig-
nated by the town board.
Subdivision (3). Specific Uses of Money Appropriated. —Any
money so appropriated shall be paid into the county road and
bridge fund and shall be used only for the purposes designated by
the town board at the time it made such appropriation.
Subdivision (4). Report. —The town board shall render to the
annual town meeting a written report containing:
(1) The amount of road taxes levied and the amount collected
during the preceding year and all money paid into the road and
bridge fund from all other sources;
(2) A statement of the improvements needed on roads, cart-
207
TOWN ROADS
ways, and bridges for the ensuing year, with an estimate of their
probable expense;
(3) A statement of all expenses and damages occasioned by
establishing, altering, or vacating roads and of all sums expended
for machinery, implements, tools, stone, gravel, and other material
during the year, with an estimate of the amount required for the
ensuing year; and,
(4) A statement of the improvements made on roads, cart -
ways, and bridges during the preceding year, with a statement of
expenditures therefor.
A copy of the report shall be filed with the county auditor.
(164.03)
13.04. Taxation. Subdivision (1). Road Taxes; Payment. —
All real and personal property in each town liable to taxation shall
be taxed for road purposes, and all road taxes hereafter levied
shall be paid in cash.
Subdivision (2). Fixed at Annual Town Meeting. —The elec-
tors of each town shall have power at their annual meeting to de-
termine the amount of money which shall be raised by taxation
for road and bridge purposes, not exceeding 25 mills per dollar on
the taxable property of the town. The tax so voted shall be ex-
tended, collected, and payment thereof enmorced in the same man-
ner and at the same time as is provided by law for the extension,
collection, and enforcement of other town taxes.
Subdivision (3). Emergencies. —In case of emergency after
the town meeting, but not later than October 1 in the same year,
the town board may levy a tax on the property in the town for
road and bridge purposes, in addition to any tax voted at the an-
nual town meeting for road and bridge purposes, in an amount not
to exceed five mills on the dollar of the assessed value of the
property in the town. Any tax so levied shall forthwith be certi-
fied to the county auditor for extension and collection. The town
board may thereafter pledge the credit of the town by issuing
town orders, not exceeding the amount of the additional tax so
levied for road and bridge purposes, in payment for the emergency
work done or material used on the roads within the town. (164.04)
13.05. Town Road Drainage Tax. Subdivision (1). Powers.
—In any town wherein the voters shall at the annual town meet-
ing vote as hereinafter provided to authorize the town board so to
do, the town board may levy and assess on the real and personal
property in the town, other than money and credits taxed under
the provisions of Chapter 285, a tax not to exceed in amount ten
mills on the dollar of the assessed value of such property, which
tax so levied shall be known as the town road drainage tax. Such
tax shall be additional to all other taxes which the town is or may
hereafter be authorized to levy, and the amount of such tax so
levied and collected shall be deemed to have been levied and
the annual town meeting; provided, that in towns having an as -
law limiting the amount of taxes which may be levied or voted at
collected for road and bridge purposes within the meaning of any
sessed valuation of not less than $1,000,000, nor more than $8,000,-
000. and which otherwise come under the provisions of sections
368.02 to 368.11 the amount of such tax so levied and collected
shall not be deemed to have been levied and collected for road
and bridge purposes within the meaning of any law limiting the
208
TOWN ROADS
amount of taxes which may be levied or voted at the annual town
meeting.
Subdivision (2). Collection. --Such tax shall be certified to
the county auditor, extended and collected and paid over to the
town treasurer in the same manner as other town taxes and pay-
ment thereof shall be enforced in the same manner and with like
penalties and interest as other town taxes. The proceeds of such
tax shall constitute the town road drainage fund, which shall be
expended by the town board in paying the cost and expenses of
draining the public roads within the town.
Subdivision (3). Petition. —When a petition signed by ten or
more freeholders and voters of a town shall be presented to the
town clerk at least 20 days before the time of holding the annual
town meeting, praying that the question of authorizing the town
board to levy and assess a town road drainage tax be submitted
to the voters of such town, the town clerk shall include in his
notice of such annual town meeting a notice that such question
will be voted on at such meeting. Such question shall be voted
on by ballot and it shall be the duty of the clerk to provide at the
expense of the town a suitable number of ballots, which may be
printed or written or partly printed and partly written in substan-
tially the following form:
"Shall the town board be authorized to levy (Yes —
and assess a Town Road Drainage Tax? (No—"
Subdivision (4). Authorization. —If a majority of the votes
cast on the proposition be in the affirmative the town board shall
have authority to levy annually a tax as hereinbefore provided
until such time as the electors, at an annual town meeting upon
like procedure, shall have voted, by a majority vote of those voting
on the question, to withdraw from the town board authority to
levy such town road drainage tax. The votes on such question
shall be canvassed and the result declared and recorded in the
manner provided by law with reference to the election of town
officers. (164.05)
13.06. Establish or Alter by Resolution. —In addition to the
methods herein provided, the town board, when thereunto duly
authorized by a vote of the electors at any annual meeting, or at
any special meeting called for that purpose, may establish or al-
ter a town road by resolution, and may acquire such right of way
as may be necessary for such road by gift, purchase or eminent
domain proceedings as provided in Chapter 117 and acts amenda-
tory thereto. (164.06)
13.07. Establishment, Alteration, or Vacation. Subdivision
(1). Petition. —Any town board may alter or vacate a town road
or establish a new road in its town upon a petition of not less
than eight voters of the town, who own real estate, or occupy real
estate under the homestead or preemption laws or under contract
with state, within three miles of the road proposed to be estab-
lished, altered, or vacated; provided, that in any town not having
eight voters who own real estate or occupy real estate under the
homestead or preemption laws or under contract with the state,
within three miles of any proposed road, the town board of such
town may alter or vacate a town road, or establish a new road in
the town upon a petition signed by a less number of voters of
209
TOWN ROADS
such town, who own real estate or occupy real estate under the
homestead or preemption laws or under contract with the state,
in such town. Such petition shall contain a description of the
road, and what part thereof is to be altered or vacated, and, if a
new road, the names of the owners of the land, if known, over
which such road is to pass, its point of beginning, general course,
and termination.
Subdivision (2). Hearing. —The Petition shall be filed with
the town clerk, who shall forthwith present it to the town hoard.
The town board within 30 days thereafter shall make an order
describing as nearly as practicable the road proposed to be estab-
lished, altered, or vacated and the several tracts of land through
which it passes, and fixing a time and place when and where it
will meet and act upon the petition. The petitioners shall cause
personal service of such order to be made upon each occupant of
such land at least ten days before such meeting and cause ten
days' posted notice thereof to be given.
Subdivision (3). Examination of Proposed Road. —At the time
and place designated, the town board shall meet and, on proof by
affidavit of the giving of such notice, it shall examine the road
proposed to be established, altered, or vacated, hear all parties
interested, and determine whether it will grant or refuse the peti-
tion. If it be refused, the fact shall be noted on the back thereof.
Subdivision (4). Survey. —If the petition be granted, the town
board, if it deem it necessary, shall cause a survey to be made.
When the center of such road does not follow a section line, or
some subdivisional line of a section, the surveyor shall note the
distance to the point on any course at which such course will in-
tersect a section line, and the distance of such point of intersec-
tion from the most convenient section, quarter -section, or meander
corner, as established by government survey; and the notes of
such intersections, and a description of the road so established,
altered, or vacated shall be incorporated in an order to be signed
by the town board.
Subdivision (5). Damages. —The damages sustained by reason
of establishing, altering, or vacating any road may be ascertained
by the agreement of the owners and the town board; and unless
such agreement is made, or the owners release in writing all claims
to damages, the same shall be assessed and awarded before such
road is opened, worked, or used. Every agreement and release
shall be filed with the town clerk and be final as to the matters
therein contained. The town board shall assess the damages of
each claimant with whom it cannot agree, or who is unknown,
specifying the amount awarded to each and briefly describing each
parcel of land. In ascertaining the damages which will be sus-
tained by any owner the town board shall determine the money
value of the benefits which the establishment, alteration, or vaca-
tion, as the case may be, will confer, and deduct the benefits, if
any, from the damages, 1f any, and award the difference, if any as
damages.
Subdivision (6). Filing of Award; Notification: The award
of damages shall be filed with the town clerk. Within seven days
after filing the town clerk shall notify, in writing, each known
owner and occupant of each tract of the filing of the award of
damages. The notification shall set forth the date of the award,
210
TOWN ROADS
the amount of the award of damages and any terms or conditions
of the award.
Subdivision (7). Appeal. —Within 40 days after the filing of
the award of damages any owner or occupant may appeal from the
award by filing a notice of appeal with the clerk of the district
court of the county where the lands lie. The notice of appeal
shall be accompanied by a bond of not less than $250, with suf-
ficient surety approved by the judge or the county auditor con-
ditioned to pay all costs arising from the appeal in case the award
is sustained. A copy of the notice shall be mailed by registered
or certified mail to the town clerk or any member of the town
board. The notice of appeal shall specify the award or failure to
award appealed from, the land to which it relates, the nature and
amount of the claim of appellant, and the grounds of the appeal.
Subdivision (8). Trial. —The appeal shall be entered upon the
calandar for trial at the next general term of the court occuring
more than 20 days after the appeal is perfected. It shall be tried
in the same manner as an appeal in eminent domain proceedings
under Chapter 117. The prevailing party shall recover costs and
disbursements as in other civil cases and judgment shall be entered
upon the verdict.
Subdivision (9). Payment. —If no appeal is taken within the
appeal period, the award shall be considered the same as a judg-
ment. The provisions of section 365.41 and section 365.42 shall
apply as to payment of all awards and judgments; and such award
or judgment shall draw interest at the rate of 6% per annum to
date of payment. The duty of the town board to pay the award
or final judgment shall be held and construed to be just compen-
sation within the meaning of the constitution.
Subdivision (10). Appeal not to Delay Prosecution of Im-
provement. —After the award of damages has been filed, the
board may proceed to open, construct, alter, or change the
highway. An appeal from the award of damages shall not
delay the prosecution of the proposed improvement, and the town
board may proceed as if no appeal had been taken.
Subdivision (11). Order. —The order establishing, altering or
vacating any road shall be recorded by the town clerk, and a copy
thereof preserved in the county auditor's office. The order or a
certified copy shall be received in all courts as competent evidence
of the facts therein contained and be prima facie evidence of the
regularity of the proceedings prior to the making thereof, except
upon the hearing of an appeal.
Subdivision (12). Refusal to Establish. —The determination of
a town board refusing to establish, alter or vacate any road shall
be final, unless appealed from, for one year from the filing of its
order; and no petition for establishing, altering, or vacating such
road shall be acted upon within that time. In case its determina-
tion granting a petition is appealed from and reversed, it shall
not within one year from the date of such determination entertain
a petition having the same or a similar object. (164.07)
• 1308 Cartways. Subdivision (1). May Be Established in
Certain Instances. —The town board by resolution may establish
a cartway two rods wide and not more than one-half mile in
length upon petition presented to the town board signed by at
211
TOWN ROADS
least five voters, freeholders of the town, requesting the cartway
on a section line to serve a tract or tracts of land consisting of
at least 150 acres of which at least 100 acres are tillable. If the
petition is granted the proceedings of the town board shall be in
accordance with section 7.
Subdivision (2). Shall Be Established in Certain Instances. —
Upon petition presented to the town board by the owner of a tract
of land containing at least five acres, who has no access thereto
except over the lands of others, the town board by resolution shall
establish a oartway at least two rods wide connecting the pe-
titioner's land with a public road. The proceedings of the town
board shall be in accordance with section 7. The amount of dam-
ages, if any, shall be paid by the petitioner to the town before such
cartway is opened. (164.08)
13.09. Joint Cartways. Subdivision (1). Joint Resolution. —
The town boards of adjoining towns by joint resolution may estab-
lish a cartway commencing in one such town and terminating in
another such town when the cartway will provide access to a
tract or tracts of land of not less than five acres which have no
access to a public road except over the lands of others.
Subdivision (2). Agreements. —The town boards, in behalf
of their respective towns, may enter into agreements with each
other providing for the equitable division of the costs and respon-
sibilities to be borne by each for the right of way, construction,
and maintenance of the cartway. The agreement may also pro-
vide for the letting of a joint construction contract covering all or
part of the work to be performed on the cartway.
Subdivision (3). Procedure. —After entering into the agree-
ment the town boards shall proceed in accordance with the agree-
ment to construct and maintain the joint cartway.
Subdivision (3). Procedure. —After entering into the agree-
ment the town boards shall proceeding in accordance with the
agreement to construct and maintain the joint cartway. (164.09)
13.10 Expenditures of Funds on Cartways.—Any town board
may expend town road and bridge funds upon a legally established
cartway the same as on town roads if, in the judgment of the board
the public interests require it; provided, that where any town
board has refused to allocate funds for the upkeep of a cartway,
then, upon the petition of ten taxpayers of the town, the town
board shall present for the approval of the voters, after due notice,
at the annual town meeting the petition for allocation of funds,
and at the town meeting the electors of the town shall allow or
reject the petition. If the majority of those voting approve the
petition for allocation of funds, the town board shall expend road
and bridge funds on the cartway. (163.10)
13.11. Lands Dedicated as Roads or Streets; Improvement —
Land dedicated to public use as a street, road or cartway, if not
less than 30 feet in width, shall be deemed a legal cartway and
subject to improvement by the town board as in the case of cart -
ways two or more rods in width. (164.11)
13.12. Road on Town Line. Subdivision (1). Proposal to Es-
tablish. —When adjoining towns propose to establish, alter, or
212
TOWN ROADS
vacate a road on or along the line between such towns they shall
proceed as hereinafter provided.
Subdivision (2). Division of Responsibilities. —The town
boards shall divide the length of the road proposed to be estab-
lished, altered, or vacated into two parts. When it is proposed to
establish or alter a road, the division shall be made so as to divide
as nearly equal as possible the cost of right of way, construction,
and maintenance of the entire road. If the proposal is to vacate a
road, the division shall be made so as to divide as nearly equal as
possible any damages that may be occasioned thereby.
Subdivision (3). Agreement. —After the division the boards
shall enter into an agreement specifying which part shall be vacat-
ed, or opened, constructed, and maintained by each. Thereafter,
each board shall proceed in the manner and subject to the same
review as provided in section 6 or section 7.
Subdivision (4). Joint Contract. —When a town line road is
established or altered as provided therein, the boards may jointly
let a contract covering all or part of the work to be performed on
the road. If a joint contract is not let each town board shall open
and construct its portion thereof as expeditiously as possible.
Subdivision (5). Division of Responsibilities if Portion of
Road Taken Over by State or County. —If a portion of a town line
road is taken over by the state as a trunk highway, or by a coun-
ty as a county state -aid highway or county highway, the town
boards concerned shall divide the portions of the town line road
not taken over by the state or county, so that the cost of construc-
tion, reconstruction, and maintenance thereof will be apportioned
as nearly equal as possible. After such division the boards shall
enter into an agreement specifying which part shall be constructed
and maintained by each.
Subdivision (6). Failure to Agree. —When the town boards
cannot agree upon a division as provided in subdivision 2 or sub-
division 5, or upon the petition of either town board when a divi-
sion previously agreed upon has proved to be inequitable, the
county board, or where the road is on a county line the county
boards of the counties concerned, shall determine the proper divi-
sion of responsibility. In making such division the county board
or boards shall follow the procedure provided for in subdivision 2
or subdivision 5. Where deemed necessary the services of the
county engineer may be used. (164.12)
13.13. Expenses of Certain Township Line Roads. Subdivision
(1). Bridges. —In all cases where a road other than a county road,
a county state -aid highway or trunk highway is on the line between
two towns, whether the towns are in the same county or not, it shall
be the duty of the towns to bear jointly and in equal shares the ex-
pense of constructing and maintaining any bridge on the road as
made necessary by the construction of a drainage ditch or by reason
of the changing, widening or alteration of any drainage ditch, or by
reason of the altering or changing of any watercourse.
Subdivision (2). Ditches. —In any proceeding for the estab-
lishment and construction of any drainage ditch or the changing,
widening or alteration of any such ditch, or the altering of any
watercourse, as specified in this section, each of the towns charged
by the provisions of this section with the obligation of constructing
213
TOWN ROADS
and maintaining any bridge because of any such improvements,
shall be awarded and paid one-half of the total damages awarded
for the construction of the bridge by reason of the obligation to
construct and maintain the bridge. (164.13)
13.14. Road on Line Between Town and Adjoining City or Vil-
lage. Subdivision (1). Proposal to Establish. —When a town and
an adjoining city or village propose to establish, alter, or vacate a
road or along the line between the town and the adjoining city or
village, they may proceed as hereinafter provided.
Subdivision (2). Agreements. —The town board and the gov-
erning body of the adjoining city or village may enter into agree-
ments providing for the equitable division of the costs and re-
sponsibilities to be borne by each for the establishment, alteration,
or vacation of the road. If the agreement provides for the estab-
lishment or alteration of such a road, the agreement may also pro-
vide for the letting of a joint construction contract covering all or
part of the work to be performed on the road. The agreement may
also provide for a division of the costs of subsequent improvement
and maintenance of the road.
Subdivision (3). Joint Resolution. After entering into the
agreement the town board and the governing body of the city or
village, by joint resolution shall establish, alter, or vacate the road
in accordance with the agreement. The town board shall proceed
in the manner and subject to the same review as provided in sec-
tion 6 or section 7, and the city or village shall proceed in the
manner provided by law for the establishment, alteration, or va-
cation, as the case may be, of city or village streets. (164.14)
13.15. Dedication of Land for Road. Subdivision (1). Appli-
cation. —One or more owners may dedicate land for a road or cart -
way by making application therefor in writing to the town board,
describing the land, the purpose of its dedication, and filing the
application with the clerk. The clerk shall present the same to
the town board which, within ten days after the filing, may pass
a resolution declaring the land described to be a public road or
cartway. When so declared the land shall be deemed duly dedicat-
ed for the purpose expressed in the application and no damages
shall be assessed or allowed therefor.
Subdivision (2). Bridge Over Lake. —Any person owning land
to exceed 40 acres constituting part of an island within any mean-
dered lake may at his own expense erect a bridge across such por-
tion of the lake as may separate his land from the nearest town
road on shore, provided the structure shall not interfere with the
use of that part of the lake for the passage of such watercraft as
would otherwise pass that point. Before proceeding with the con-
struction of the bridge, proper plans and specifications therefor
shall be prepared and submitted to and approved by the town board
of the town in which the bridge is to be constructed. If public
waters are involved, the plans shall first be approved by the com-
missioner of conservation. Upon the completion of the bridge in
accordance with the plans and specifications, the town board shall
approve the same and endorse its approval upon the plans and
specifications therefor; and thereupon the same shall be filed in
the office of the clerk of the town in which the bridge is located
and the bridge shall thereupon become a part of the town road
and open to the use of the public as such. (164.15)
214
DESTRUCTION OF WEEDS ALONG ROADS —LIEN
Vote Required on Weed Destruction
13.16. Subdivision (1). Ballot, contents. —The town board at
the annual town meeting may submit to a vote by ballot the fol-
lowing questions: "Shall persons owning or occupying real estate
adjoining a town road and not a part of any incorporated munici-
pality be required to cut, destroy or remove all weeds and grass
growing upon the town road adjacent to their land? Yes...No..."
Subdivision (2). Cost, Lien on Land. —If a majority of the
electors voting on such question shall vote "Yes" any persons own-
ing or occupying real estate adjoining a town road and not a part
of any incorporated municipality shall cut, destroy or remove all
weeds or grass growing upon the town road adjacent to his land.
Any person who erects or maintains a mail -box on land not owned
by him shall cut, destroy or remove all weeds or grass within five
feet of such mail -box. If any such person fails to comply with this
provision, the town board of the town in which such real estate is
located may, after ten days' notice in writing, order the local weed
inspector or other person to cut, destroy or remove the weeds or
grass and the expense thus incurred shall be a lien on such real
estate. The town board shall certify to the county auditor an
itemized statement of the amount of the expense paid by the town
and the county auditor shall enter such amount on the tax books
as a tax upon the land, which shall be collected in the same man-
ner as other real estate taxes. (366.15)
13.17. Construction and Maintenance of Road. —See Section
9 etc. of this Manual.
13..18. Snow Fences. —Whenever the right to establish a pub-
lic road is acquired by the state or by any of its agencies or politi-
cal subdivisions, there shall be included in the easement so ac-
quired the power to erect and maintain temporary snow fences as
required upon lands adjoining the highway part of which lands
have been taken for road purposes. The right to erect and main-
tain such fences shall be considered in awarding damages and any
award shall be conclusively presumed to include the damages, if
any, caused by the right to erect and maintain such fences pro-
vided that if the state or agency or political sub -division thereof
shall file with its petition or at any time before the question of
damages is submitted to a jury a written disclaimer of its desire
and intention to acquire a right to erect and maintain snow fences
as to any particular tract of land involved then no such right shall
be acquired in such proceeding and no considerat7ion given to
such fences as an element of damage. (117.21)
ARTICLE VI
Bridges
14.01. Definitions. —For the purposes of Article VI the terms
defined in Article I, Section 2 shall have the same meaning.
(165.01)
14.02. Powers of Road Authorities. —The road authorities may
construct, reconstruct, improve, and maintain bridges whenever
they deem bridges to be necessary. (165.02)
14.03. Strength of Bridges. —All bridges hereafter constructed
215
BRIDGES
on any public highway or street, including streets within cities,
villages, and boroughs, shall be at least of sufficient strength to
support with safety any vehicle with a weight of 20 tons on two
axles with ten foot centers, with not to exceed three -fourths of
the weight concentrated on one axle, when driven at a speed of
not to exceed three miles an hour. (165.03)
14.04. Bridges, Culverts; Widths. —Except for railroad -high-
way grade separations, all bridges and culverts on any trunk high-
way, county state -aid street hereafter established, constructed, or
improved shall be at least 24 feet wide between curbs, and ap-
proaches thereto shall be at least 28 feet wide shoulder to shoulder.
Except for railroad -highway grade separations, all bridges, cul-
verts, and approaches thereto on all other roads, except cartways,
hereafter established, constructed, or improved shall be at least
20 feet wide. (165.04)
14.05. Railroad Bridges Over Highways. Subdivision (1).
Width. —Any railroad bridge hereafter constructed or substantial-
ly reconstructed over a public highway including city, village, or
borough streets, shall be constructed so as to leave a clear open-
ing for the highway at least four feet wider than the surfaced por-
tion of the highway, but in no event less than 28 feet wide; pro-
vided that the requirement that the clear opening for the highway
be at least four feet wider than the surfaced portion of the high-
way may be modified by the commissioner in accordance with
Subdivision (2). Clear Space Between Highway and Bottom
of Bridge. —Such bridge shall provide at least 16 feet clear space
from the surface of the highway to the bottom of the bridge.
(165.05)
14.06. Highway Bridges and Approaches Over Railroad. —Sub-
division (1). Width of Bridge. —The clear roadway width between
curbs on any bridge hereafter constructed on any public highway,
including city, village, or borough streets, over the tracks of any
railroad shall be at least four feet wider than the surface portion
of the highway, but in no event less than 28 feet; provided that
the requirement that the width of the bridge be at least four feet
wider than the surface portion of the highway may be modified
by the commissioner in accordance with plans approved by him.
commissioner in accordance with plans approved by him. It shall
leave a clear space from the railroad rails of at least 22 feet meas-
ured vertically.
14.07. Interstate Bridges. Subdivision (1). Purpose. —The
purpose of this section is to connect the highway system of this
state with the highway system of adjoining states by means of in-
terstate bridges. (165.07)
Subdivision (2). Interstate Bridges as Part of Highway Sys-
tem. —When any trunk highway, county state -aid highway, or mu-
nicipal state -aid street leads to or connects with an interstate
bridge, other than an interstate bridge owned privately or operated
as a toll bridge, the bridge or so much thereof as lies within the
boundaries of this state shall be part of the highway or street
leading to it.
Subdivision 3). Acquisition of Bridges Owned by Villages or
Cities in Adjoining State. —Any road authority, including the road
216
BRIDGES
authority of any city, village, or borough, having jurisdiction over
a highway or street connecting with an interstate bridge owned by
an adjoining state or political subdivision thereof, may acquire the
bridge or any portion thereof from the adjoining state or political
subdivision thereof upon such terms and conditions as the road
authority deems just and equitable.
Subdivision (4). Acquisition of Toll or Privately Owned
Bridges. —Any road authority, including the road authority of any
city, village, or borough, having jurisdiction over any highway or
street connecting with an interstate bridge that is owned privately
or operated as a toll bridge, may acquire the bridge in cooperation
with the authorized authorities of the adjoining state connected by
the bridge, when the road authority determines that the acquisition
is required in the interests of public travel. The bridge may be
acquired by purchase, gift, or eminent domain proceedings as pro-
vided by law.
Subdivision (5). Cooperation with Authorized Authorities of
Adjoining State. —Road authorities, including road authorities of
cities, villages, and boroughs, having jurisdiction over any high-
way or street connecting with an interstate bridge shall cooperate
with the authorized authorities of the adjoining state connected by
the bridge in the maintenance, improvement, or reconstruction ot
the bridge. If any highway or street runs to boundary waters ot
this state and an adjoining state where no interstate bridge exists,
the road authorities, in cooperation with the authorized authorities
of the adjoining state, may construct and thereafter maintain an
interstate bridge connecting the highway or street with the high-
way system of the adjoining state when the road authority deter-
mines that the bridge is necessary in the interests of public travel.
The location of the bridge shall be determined by the road authori-
ty in cooperation with the authorities of the adjoining state.
Subdivision (6). Joint Acquisition. —Counties, towns, cities,
villages, and boroughs bordering on boundary waters of this state
may jointly acquire, construct, reconstruct, improve, or maintain
an interstate bridge in cooperation with the authorized authorities
of the adjoining state; provided that county state -aid highway
funds or municipal state -aid street funds shall not be expended on
interstate bridges other than those connecting with a county state -
aid highway or municipal state -aid street.
Subdivision (7). Agreements with Authorities of Adjoining
States. —The road authorities, including the road authorities of
cities, villages, and boroughs, may enter into equitable agreements
with the authorized authorities of adjoining state in all matters
pertaining to interstate bridges.
Subdivision (8). Trunk Highways To Be Located Over
Bridges. —When any route of the trunk highway system runs into
or through any city, village, or borough owning an interstate
bridge connecting such city, village, or borough with the highway
system of an adjoning state, the commissioner shall specifically
locate the route so that it shall run to the state 'boundary over the
bridge.
14.08. Bridges Over Waters Between This State and Adjoin-
ing Nation or Province. —When a trunk highway leads to waters
forming the boundary between this state and an adjoining nation
or province thereof, and the Congress of the United States has
217
BRIDGES
authorized the construction of a bridge or bridges over the waters,
the commissioner may enter into a greements with the authorized
authorities of the nation or province providing for the construction,
or province thereof, and the Congress of the United States has au-
thorized the construction of a bridge or bridges over the waters, the
commissioner may enter into equitable agreements with the author-
ized authorities of the nation or province providing for the construc-
tion, reconstruction, maintenance, repair, and operation of the
bridge or bridges, and for the division of cost and responsibilities
to be borne by each therefor. The bridge or bridges shall thereafter
be constructed, reconstructed, maintained, improved, and operated
in accordance with the agreement. (165.08)
14.09. Joint Establishment of Bridges Over Navigable
Streams; Securing the Free Public Use of Toll Bridges. Subdi-
vision (1). Joint Acquisition, Construction, and Maintenance. —
Counties, towns, cities, villages, and boroughs interested, jointly
or separately, may lease, acquire, construct, reconstruct, improve,
and maintain bridges over any navigable stream and may con-
struct, reconstruct, and maintain suitable approaches thereto. Such
approaches may include the improvement of main highways for
a distance not exceeding ten miles from the bridge.
Subdivision (2). What Constitutes Interest in Bridges. —A
county, town, city, village, or borough shall be deemed interested
in bridges located outside of and within three miles of its corpo-
rate boundaries as well as those within or along its boundaries.
Subdivision (3). Bridges Over Minnesota or Mississippi Riv-
ers. —Before any bridge is erected over the Minnesota or Missis-
sippi Rivers, the location and plant thereof shall be approved by
the commissioner. Bridges over the Minnesota River below the
city of Chaska shall be built with suitable draw of not less than
80 feet opening or, in lieu of such opening, built at such clear
height above the ordinary highwater stage as will be sufficient to
accommodate the ordinary navigation of the river.
Subdivision (4). Draws To Be Opened on Reasonable Signal.
—All draws shall be opened on reasonable signal or notice to al-
low the passage of vessels.
Subdivision (5). Approval of the Secretary of Army. —All
bridges over navigable waters of the United States shall receive
the approval of the Secretary of Army before construction.
Subdivision (6). Securing Free Public Use of Toll Bridges. —
Counties, towns, cities, villages, and boroughs interested may
secure the free public use of any toll bridge built across any
stream in this state. They may secure the free public use of any
bridge by purchase, gift, or eminent domain proceedings as pro-
vided by law. (165.09)
14.10. Bonds. Subdivision (1). Certain Counties May Issue
and Sell. —The county board of any county having no outstanding
road and bridge bonds may issue and sell county road bonds in an
amount not exceeding one-half of one per cent of the assessed
valuation of the taxable property within the county exclusive of
money and credits, for the purpose of constructing, reconstructing,
improving, or maintaining any bridge or bridges on any highway
under its jurisdiction, without submitting the matter to a vote of
the electors of the county.
218
BRIDGES
Subdivision (2). Bonds To Be Issued and Sold as Provided In
Minnesota Statutes 1957, Chapter 475.—Such bonds shall be issued,
sold and retired in the manner provided in Chapter 475. (165.10)
14.11. Town Bridges Destroyed by Unusual Flood or Cala-
mity; Agreements for Reconstruction. —When a bridge on a town
road over a natural water course has been destroyed by unusual
flood or calamity and the county in which such bridge is situated
contributed to the original cost of construction thereof, and the
town resolves to reconstruct the bridge, the county board and the
town board by agreement shall determine the costs and respon-
sibilities to be borne by each in the reconstruction of the bridge.
The costs agreed upon to be paid by the town and the county shall
be paid out of their respective road and bridge funds. (165.11)
14.12. Maintenance of Bridges on Town Roads. Subdivision
(1). Duty of County When Town Fails. —When it becomes nec-
essary to reconstruct or repair a bridge on any town road in any
town or upon any town line in this state, and the bridge is unsafe
for travel or has been condemned by the proper authorities, and
the town or towns charged with the duty of maintaining the bridge
fail, neglect, or omit to construct, reconstruct, or repair the same
or provide for the expense or cost of so constructing, reconstruct-
ing or repairing the same, the county board of the county in which
the town or towns are located shall have the power and authority
to reconstruct and repair the bridge upon giving notice to the
town board of the town or towns of its intention to do so and fix-
ing •a time and place for a hearing as to the necessity and advis-
ability of the reconstruction or repair.
Subdivision (2). Itemized Statement. —When any county shall
have reconstructed or repaired any such bridge, the county board
shall prepare an itemized statement of the cost thereof.. The
original shall be filed with the county auditor. Certified copies
shall be filed with the clerk of the town or towns charged with the
responsibility of maintaining the bridge. If two or more towns
were responsible for the bridge the statement shall also show the
portion of the cost apportioned to each town. The proportion of
the cost to be apportioned to each town shall be determined at the
hearing provided in subdivision 1.
Subdivision (3). Special Tax. —The town clerk, upon receipt
of the statement, shall forthwith notify the several members of
the town board that a statement has been filed, and that a meeting
of the town board to act thereon will be held at a time and place
specified in the notice. The meeting shall be held not later than
ten days after the filing of the statement. The town board shall
meet at the time and place specified in the notice so given by the
clerk, and shall levy a special tax upon all the taxable property of
the town in an amount sufficient to pay one-half of the amount ex-
pended by the county. If two or more towns were responsible for
the bridge, each town shall levy a tax in an amount sufficient to
pay one-half of the cost apportioned to it.
Fails to Levy. —The tax so levied shall be certified to the coun-
Subdivision (4). County Auditor May Levy if Town Board
ty auditor on or before October 15 next succeeding, and the coun-
ty auditor shall extend the same with other town taxes upon the
tax list of the town. If the town board, for any reason, fails to act
219
RAILROADS
as herein provided, the county auditor shall levy the tax provided
herein and shall extend the same with other town taxes upon the
tax list of the town.
Subdivision (5). Collection and Payment. —The tax shall be
collected and the payment enforced in the same manner and sub-
ject to the same penalties and interest as other town taxes. When
collected the tax shall be paid into the county treasury and credit-
ed to the county road and bridge fund. (165.12)
Repealer. —Minnesota Statutes 1957, Sections 160.012 to
160.251; 160.271 to 160.441; 160.461 to 160.702; 161.01; 161.02;
161.03 except subdivisions 21 and 23 thereof; 161.04 to 161.24;
162.01 to 162.45; 163.01 to 163.10; 163.12 to 163.20; 164.01 to 164.33;
166.01 to 166.15; 366.26; 381.14 to 381.18; and 471.94 are repealed.
VII.—INJURING AND OBSTRUCTING HIGHWAYS
15.001. Injuring highways, etc. —Every person who shall willfully
or maliciously displace, remove, injure or destroy-
1. A highway, or a private way laid out by authority of law,
or a bridge upon such public or private way;
2. A pile or other material fixed in the ground, and used for
securing any bank or dam of any river or other water, or any dock,
quay, jetty, or lock;
3. A buoy or beacon lawfully placed in any waters within the
state;
4. A tree, rock, post, or other monument, which has been erect-
ed or marked for the purpose of designating a point in the
boundary of the state, of a county, city, village, town, or of a
farm, tract or lot of land, or any mark or inscription thereon;
5. A mileboard, milestone, or guidepost erected upon a high-
way, or any inscription thereon;
6. A line of telegraph or telephone, or any part thereof, or
any appurtenance or apparatus connected with the work of any
magnetic or electric telegraph or telephone, or the sending or
conveyance of messages thereby;
7. A pipe or main for conducting gas or water, or any works
erected for supplying buildings with gas or water, or any ap-
purtenance or appendage connected therewith;
8. A sewer or drain, or a pipe or main connected therewith
or forming part thereof; or
9. Who shall destroy or damage with intent to destroy or
render useless, any engine, machine, tool or implement intended
for use in trade or husbandry —
Shall be guilty of a misdemeanor. (621.28)
VIM —RAILROADS AND COMMON CARRIERS
15.00. Signs at crossings —Penalty.. —Every such company shall
maintain, wherever any of its lines crosses a public road, a proper
and conspicuous sign indicating such crossing. Any such company
failing to comply with any requirement of this section shall forfeit
to the town or municipality having charge of such road $10 for
each day that such failure continues. (219.06)
220
RAILROADS
15.01. Railroad companies to construct sidewalks at crossings
in municipalities —Road crossings. —Every railroad company shall
construct and maintain in good repaid and free from snow or other
obstruction, wherever any of its lines cross a public road, sufficient
crossings, consisting of:
(1) Sufficient grades extending the full width of the highway
or that part thereof graded or used for travel, on each side of the
right-of-way, and of such slope as may be deemed necessary by
the officers having charge of the public roads;
(2) A plank covering the same width, squarely spiked, ex-
tending the full length of the ties, the planks vot more than one
inch apart, the flangeways between the planking and the rails not
more than three inches in width, the surface of the planking on a
level with the top of the rails; the flangeway edge of the plank in
any such crossing hereafter built shall be suitably faced or other
wise protected with metal, and when any existing crossing is re-
built or the flangeway planks thereof are renewed, the flangeway
edge of such planks shall be similarly faced or protected by metal.
(3) In municipalities such grades and planking shall extend
the full width of the street, or of that part thereof graded or used
for travel, and like planking shall be placed between all tracks
which are not more than fifteen feet apart, and a suitable side-
walk shall be constructed by the company to connect with and
correspond to the walks constructed and installed by the mu-
ntcihahty or by owners of abutting property, but cement or con-
crete construction shall not be required in track space actually
occupied by the railroad ties if some substantial and suitable side-
" walk material is used in lieu thereof. In case of roads newly
established, such crossings shall be constructed within thirty days
after the service on the nearest station agent or section fore-
man of such company of a notice, signed by the proper officer
or officers having charge of such road, that such crossing is re-
quired. (219.07)
15.02. Crossings —Change of grade. --Every railroad company in
this stwte shall keep well planked and in a safe and passable con-
dition every crossing over any public highway, and whenever any
such railroad company shall have changed or raised the grade of
its tracks at any such crossing it shall also grade the approaches
on each side so as to make the approach and crossing of such
tracks safe and easy for teams with loads and other vehicles.
(219.08)
15.03. Where more than one track. —Whenever any such rail-
road companies have more than one track. crossing such highways,
It shall be unlawful to raise or maintain one such track at a
higher grade than the other tracks and shall cause all such tracks
to be raised or lowered to about the same level so as not to en-
danger the safe passage of teams and other vehicles over such
tracks at such crossings. (219.09)
15.04. Penalty for violation. —Every railroad company who shall
refuse or neglect to comply with the provisions of section two for
the space of thirty days after having been notified in writing by
any town or county board so to do, shall be guilty of a violation of
this act and shall be subject to a fine of fifty dollars for each day
221
RAILROADS
thereafter that such crossing is left in such dangerous and unsafe
condition, and each such day shall constitute a separate offense
against this act. (219.10)
15.05. Duty of county attorney. —The county attorney of any
county shall have power to proceed in court for the collection of
such fines, together with all costs and disbursements on the part
of the town or county making such complaint, together with one
hundred dollars attorney's fees for each such prosecution. (219.11)
15.06. Powers of town and county boards. —If any railroad com-
pany shall retuse or neglect to provide tor the grading and plank-
ing of any such crossing as provided in section one of this act,
for the space of thirty days after written notice has been given such
railroad company by any town or county board, such town board
or county board may proceed to cause such grading and planking
to be done and charge the cost of same to such railroad company
and proceed to collect the same by an action at law, together
with all costs and disbursements and one hundred dollars attorney's
fees. (219.12)
15.07. Dangerous crossings —Complaints —Hearings. — Upon
written complaint authorized by a majority vote of the members
of the city or village council of any city or village, or by the board
of supervisors of any town, or board of county commissioners of
any county in this state, or by the commissioner of highways, filed
with the railroad and warehouse commission, hereafter called the
commission, by the chief executive officer of said city or village, or
the chairman of board of supervisors or county commissioners, or
the commissioner of highways, as the case may be, that any rail
road crossing with any street in said city or village, or town or
county road, or state aid road or trunk highway, is dangerous to
life and property, and giving the reasons therefor, the commission
shall proceed to investigate the matters contained in said complaint,
giving the complainant and the railroad company an opportunity
to be heard. at a time and place to be fixed by the commission,
after such notice as the commission may deem reasonable. Pro-
vided, that at least one public hearing shall be held in the town.
village or city, in which said crossing is located. (219.39)
15.08. Same —Report and order —Flagman, safety devices, etc.
—The commission shall decide the matter set forth In the com-
plaint and make a report in writing thereof, including the findings
of facts, and make such order as it shall deem proper in the prem-
ises, and if said commission shall find said crossing to be danger-
ous, it may require the railroad company complained of to provide
flagmen at such crossing, or adopt such safety device as the rom•
mission may deem necessary for the proper protection of said cross
ing, or it may require the removal of any structure, or structures,
or embankment, from the right of way of said railroad c.impany
or it may require said railroad company to construct an overhead
or maintain an underground crossing and may divide the costthere
of between the railroad company, the town, county, municipal cor-
poration or state highway department interested, on such terms
and conditions as to the commission may seem just and equitable;
where the railroad has been constructed or the grade thereof low-
ered after the laying out of the highway and the railroad tracks
222
RAILROADS
are seven feet or more below the natural surface of the ground the
commission may require the maintenance of an overhead bridge at
least eighteen feet wide with suitable approaches, and may also re-
quire the complaining city, village, town or county to remove em•
bankments, or structures from streets or town or county roads as, in
its opinion, may be reasonable and necessary to properly protect
said crossing. Provided that no highway shall hereafter be laid out
over any railroad so as to cross the same at grade until such cross-
ing has been approved by the Railroad and Warehouse Commis-
sion. (219.40)
15.09. Farm crossings. —Any such company constructing a rail-
road eo as to leave parts of any tarm on different sides of such
road shall construct a proper farm crossing at some place con-
venient for such farm. (219.13)
15.10. Fences and cattle guards. —Every such company shall
build and maintain on each side of all lines of road owned and
operated by it, good and substantial fences, and shall build and
maintain good and sufficient cattle guards at all roads and street
crossings and other openings, except at station and depot grounds,
and other places which the necessary business of the road or
public convenience requires to be open. Whenever the land of any
person lying along the right of way of any railroad is enclosed on
three sides by a woven wire fence, such railroad company shall
erect and maintain a woven wire fence of like character and
quality along the said right of way enclosing the remaining side
of said land. Provided, that in the building and maintenance of
said fences and cattle guards. every such company shall be held
to the exercise of ordinary diligence and care and shall be held
to such ordinary diligence and care in keeping such cattle guards
free from ice and snow. (219.31)
15.11.. Liability for failure to fence, etc. —Any such company
failing to comply with the requirements of the preceding section
shall be liable fo: all damages resulting therefrom, and for all
domestic animals killed or injured by its negligence: and. if it
shall fail to pay the actual damages occasioned by such killing or
injury within thirty days after such damage occurs, then, in case
of recovery therefor by action brought after such thirty days,
if in district court the plaintiff shall recover double costs, and if In
justice court $10 costs. Such company. before the commencement
of action, may make tender for such injury, and if the amount re-
covered, exclusive of interest, shall not exceed the tender, the
plaintiff shall recover no costs nor disbursements. (219.32)
15.12. Fences —Crossings —Cattle guards. —Any such company
operating a line of railroad in this state. which has failed to or
neglected to fence said road and to erect crossings and cattle
guards, shall be liable for all damages sustained by any person in
consequence of such failure or neglect; provided. that the meas-
ure of damages fnr failure to construct or maintain such fence shall
be as follows: The owner of any land abutting on the line of rail-
way of such company may serve notice on anv of its station agents
between the 1st day of April and the 1st day of October of any
year, requiring the construction of a fence on the line between his
land and its right of way. If such company shall not construct the
223
VILLAGE ROADS, BRIDGES, FERRIES
same within forty days after service of such notice, the landowner
may recover of the company an amount not exceeding twice the
cost of such construction, with costs, and reasonable attorney's fee,
to be allowed by the court, or he may construct such fence after
the expiration of such time, and receive from the company double
the cost of construction, with like costs and attorney's fee. Such
fence shall be kept in repair by such company in like manner and
under like penalties as if built by such company. But failure to
serve such notice shall not relieve such company from liability for
damaves for injuries to persons or domestic animals or other
property resulting from failure to fence its road. (219.33)
15.13. Fences between railroad and public road. —If any such
company shall fail to tence its line where the same adjoins a
public road or street, or lies so near thereto as to render travel
thereon dangerous, the governing body of the town or municipality
having charge of such road or street. by notice as in case of abut-
ting landowner, may require such fence to he built: and in case of
failure to build such fence for the time provided in the preceding
section, such town or municipality shall have the rights and
remedies given by said section to such abutting owner. (219.34)
15.14. Farm crossings and drains. —Persons owning land abut-
ting upon a railroad may construct, at their own expense, cross-
ings under, over, or across such railroad, and drains under and
across the same, at such places and in such manner as not to
obstruct or impair the use of such railroad, which crossings and
drains shall be maintained and kept in repair by the company.
Before constructing the same, the owner of the land shall serve on
the nearest station agent of the company, a notice, stating in detail
the work which he desires to perform, and the company may
construct such work; but the same shall not be opened for the use
of the landowner until he pays the reasonable cost of construction.
(219.35)
15.15. Gates at farm crossings. —Any such company which shall
erect at a farm crossing a gate for the exclusive use of the owner
and occupants of such farm, provide a lock for the same, and
deliver the key thereof to such owner or occupant, shall not be
liable to such owner or occupant for any animal killed or injured
by reason of such gate being left open without fault of such
company. unless such killing or injury results from the wgntnn or
malicious act of such company or its employes. (219.36)
IX. —VILLAGE ROADS, BRIDGES, FERRIES, ETC.
Construction and repair of streets and bridges —power. —See
Article I, III and IV of this chapter.
15.20. Ferries in cities or villages. —The provision of this chap-
ter relating to ferries (§§ 2610 to 2617, G. S. 1913) shall not apply
to any stream so far as the same is bordered by any city or vil-
lage. The council of said city or village shall have the sole right
to grant ferry licenses across such stream as far as the same
borders thereon and to make and enforce such regulations for
ferries, ferry licenses, and fees as it may deem proper, except that
224
VILLAGE ROADS, BRIDGES, FERRIES
such licenses shall not be granted for a longer term than ten years.
But this section shall not be so construed as to abridge the rights
of the county board in any county other than the one in which
such city or village is situated. Every ferryman licensed by a
council hereunder shall have the same rights and be subject to
the same liabilities as those licensed by county boards. (165.09)
15.21. Village authorized to operate ferry boats. —That any
village in this state situate upon any river which is the boundary
line between the state of Minnesota and any other state is hereby
authorized, in addition to all other authority possessed by such
village. to own. maintain and operate a ferry boat across such
river, and the village council or other governing body is authorized
to provide rules and regulations therefor. (165.10)
15.22. Roads outside city or village. —The council of any vil-
lage or of any city of the fourth class may appropriate and ex-
pend such reasonable sums as it may deem proper to assist in
the improvement and maintenance of roads lying beyond its
boundaries and leading into it and to improve and maintain
bridges and ferries thereon whether they are within or with-
out the county in which it is situated. (441.26)
15.23. Reimbursement by state for road moneys expended
through boroughs, villages or cities. —The State of Minnesota here-
by agrees to reimburse out of the trunk highway fund and only
out of that fund. to the extent and in the manner hereinafter pro-
vided, all counties for moneys expended by them under the provi-
sions of this act in permanently improving roads described in
Article 16 of the Constitution of the State of Minnesota as the
same have heretofore been or will hereafter be definitely located
and designated by the commissioner of highways. (167.14)
15.24. Payment to village, city or borough —Basis. —The moneys
paid out by any county to any borough. village or city in re-
imbursing such borough, village or city for so permanently im-
proving roads or any part thereof described in said Article 16, (of
the State constitution) under contracts therefor entered into by
such borough, village or city heretofore and subsequent to April
19, 1923, shall for the purpose of reimbursement under the provi-
sions of MSA 167.15-.17 be regarded and dealt with as moneys ex-
pended by said county in permanently improving such roads or
any part thereof, provided such work shall have been done in ac-
cordance with plans and specifications approved by the commis-
sioner of highways prior to the commencement of work under
such contract; but such reimbursement shall be made only to the
extent of the proportionate cost of an 18-foot roadway upon such
road, exclusive of gutters and curbs. The amount of such reim-
bursement shall be the reasonable value of such improvement and
shall be on the basis of the prevailing cost at the time of con-
struction of the types of pavement now in general use by the
Minnesota Highway Department on Trunk Highways according to
the Minnesota Highway Department's standard specifications
therefor, including engineering expense, on the basis of prevailing
costs at the time of the letting of such contract, but the amount
of such reimbursement shall in no case exceed the amount ex-
225
PUBLIC HIGHWAYS
pended for said improvement, including engineering expense.
(167.15)
15.25. Commissioner shall determine amount. —Before any pay-
ment shall be made by any county to any such township, bor-
ough, village or city, the commissioner of highways shall by order
determine the amount in which such township, borough, village
or city is entitled to reimbursement. A certified copy of such order
and a certified copy of the order of the commissioner of high-
ways approving the plans and specifications under which such
improvement was made shall be filed with the county auditor of
the county by which such payment is to be made. Thereupon the
county board of such county shall authorize the county auditor to
issue his warrant on the road and bridge fund of such county in
the amount so specified by the commissioner of highways to
such township, borough, village or city. Any such warrants paid
or warrants so issued and not paid for lack of funds may be
funded or refunded by such county in the manner provided by
Subdivision (b) of Section 2 of Chapter 522, General Laws 1921.
All of the provisions of said subdivision (b) shall apply to
the issuance of bonds and to the payment of the principal
and interest thereof; provided, however, that such bonds shall be
in such form and denomination, shall mature at such times, and
shall be sold in such manner as the county board and the com-
missioner of highways shall determine, and provided further that
the county board may if it so elect sell such bonds to the State
Board of Investment without calling for bids, provided, however
that such reimbursement may at the option of the commissioner
of highways, be made in cash out of the Trunk Highway Fund
without the issuance of bonds by the county. (167.16)
15.26. How to be credited. —The money thus paid to any town-
ship, borough, village or city shall be credited to the fund out of
which the cost of such improvement was paid; provided, however,
that in the event any portion of such cost shall have been assessed
against property benefited thereby or paid by any county, township,
borough, village, city or school district, the governing body of such
township, borough, village or city shall equitably apportion said
moneys according to the amounts so contributed, in cash or by
assessment to the cost of said improvement, either by cash reim-
bursement or by reduction of such assessments. (167.17)
226
CHAPTER VI- MOTOR VEHICLES -LICENSE
AND TAXATION
16.00. Definitions. —Unless the language or context clearly in-
dicates that a different meaning is intended, the following words,
terms and phrases, for the purposes of this chapter, shall be given
the meanings subjoined to them.
"Application for Registration" shall have the same meaning
as "listing for taxation," and when a motor vehicle is registered it
is also listed.
Farm truck. —"Farm truck" means all single unit trucks, trac-
tors, and trailers used by the owner thereof to transport agricul-
tural, horticultural, dairy, and other farm products, including live-
stock, produced, or finished by the owner of the truck, and any
other personal property owned by the farmer to whom the license
for such truck is issued, from the farm to market, and to transport
property and supplies to the farm of the owner. Trucks, tractors
and trailers registered as "farm trucks" may be used by the owner
thereof to occasionally transport unprocessed and raw farm pro-
ducts, not produced by the owner of the truck, from the place of
production to market when such transportation constitutes the first
haul of such products, and may be used by the owner thereof to
transport logs, pulpwood, lumber, railroad ties and other raw and
unfinished forest products from the place of production to an as-
sembly yard or railhead when such transportation constitutes the
first haul thereof, provided that the owner and operator of such
vehicle transporting planed lumber shall have in his immediate
possession a statement signed by the producer of such lumber
designating the governmental subdivision, section and township
where such lumber was produced and that this haul, indicating the
date, is the first haul thereof.
"Farm trucks" shall also include only single unit trucks, which,
because of their construction, cannot be used for any other pur-
pose and are used exclusively to transport milk and cream en -
route from farm to an assembly point or place for final manu-
facture, and for transporting milk and cream from an assembly
point to a place for final processing or manufacture. This section
shall not be construed to mean that the owner or operator of any
such truck cannot carry on his usual accomodation services for
his patrons on regular return trips, such as butter, cream, cheese,
and other dairy supplies.
"Highway." Any public thoroughfare for vehicles, including
streets in cities, villages and boroughs.
"Motor Vehicles." Any self-propelled vehicle not operated
exclusively upon railroad tracks, and any vehicle propelled or
drawn by a self-propelled vehicle, and includes vehicles known
as trackless trolleys which are propelled by electric power ob-
tained from overhead trolley wires but not operated upon rails.
"Tax" or "fee" means the annual tax imposed on motor vehicles
in lieu of all other taxes thereon, except wheelage taxes. so-called,
227
MOTOR VEHICLES
which may be imposed by any borough, city or village, and except
gross earnings taxes paid by companies subject or made subject
thereto. Such annual tax shall be deemed both a property tax and
a highway use tax and shall be on the basis of the calendar year.
"Passenger automobile" means any motor vehicle designed and
used for the carrying of not more than eight persons, including
vehicles known as station wagons, but excluding motorcycles.
"House trailer" means any trailer or semi -trailer designed and
used for human living quarters, and shall not include bunk houses,
so-called, temporarily mounted on trailers. Such bunkhouses, ex-
clusive of the trailer, shall be listed and taxed as personal prop-
erty.
"Bus" means any motor vehicle designed and used for the
carrying of more than eight persons.
"Intercity bus" means any bus operating as a common pas-
senger carrier over regular routes and between fixed termini, but
excluding all buses operating wholely within the limits of one
city, village or borough, or wholly within two or more contiguous
cities, villages and boroughs, or between contiguous cities and
villages or boroughs and a terminus outside the corporate limits
of such cities, villages or boroughs and not more than 20 miles
distant measured along the fixed route from such corporate limits.
"Owner." Any person, firm, association or corporation owning
or renting a motor vehicle, or having the exclusive use thereof,
under a lease or otherwise, for a period of greater than thirty (30)
days.
"Tractor." Any motor vehicle designed or used for drawing
other vehicles, but having no provision for carrying loads inde-
pendently.
"Truck- fractor." Any motor vehicle designed and used pri-
marily for drawing other vehicles and not so constructed as to
carry a load other than a part of the weight of the vehicle and load
so drawn.
"Trailer." Any vehicle designed for carrying property or
passengers wholly on its own structure and for being drawn by a
motor vehicle.
"Semi -Trailer." A vehicle of the trailer type so designed and
used in conjunction with a truck -tractor that a considerable part
of its own weight or that of its load rests upon and is carried by
the truck -tractor.
"Trucks." Any motor vehicle designed or used principally for
carrying things other than passengers.
"Unloaded Weight" shall mean the actual weight of the vehicle
fully equipped without a load.
"Gross weight" means the actual unloaded weight of the ve-
hicle, either a truck or tractor or the actual unloaded combined
weight of a truck -tractor and semi -trailer, fully equipped for serv-
ice, plus the weight of the maximum load which the applicant has
elected to carry on such vehicle or combined vehicles. The term
gross weight applied to a truck occasionally used for towing a
trailer means the unloaded weight of the truck, fully equipped for
service, plus the weight of the maximum load which the applicant
has elected to carry on such truck but not including the weight of
such part of the trailer and its load as may rest upon the truck.
228
MOTOR VEHICLES
The term gross eight applied to school buses means the weight
of the vehicle fully equipped with all fuel tanks full of fuel, plus
the weight of the passengers and their baggage computed at the
rate of 100 pounds per passenger seating capacity, including that
for the driver. The term gross weight applied to other buses means
the weight of the vehicle fully equipped with all ,uel tanks full of
fuel, plus the weight of the passengers and their baggage com-
puted at the rate of 150 pounds per passenger seating capacity,
including that for the driver. For bus seats designed for more than
one passenger, but which are not divided so as to allot individual
seats for the passengers that occupy them, allow two feet of its
length per passenger to determine seating capacity. The term
gross weight applied to a truck -tractor used exclusively by the
owner thereof for towing an equipment dolly for the sole use of
transporting such owner's construction machinery shall be the ac
tual weight of the truck -tractor alone, and the equipment dolly
shall be separately licensed and taxed as a trailer as provided in
168.013, subdivision 1, paragraph 7. The term "equipment
dolly"as used in this subdivision means a heavy semi -trailer low -
slung and otherwise so constructed as to permit the heavy motor-
ized construction equipment which it hauls to be loaded upon the
dolly by driving motorized construction equipment upon it. The
term gross weight applied to a truck -tractor or a truck used as a
truck -tractor transporting unfinished forest products as described
in section 168.011, subdivision 17, shall be unloaded weight of the
truck -tractor or converted truck plus the weight of the maximum
load which the applicant has elected to carry on the truck, but
in no case shall this be less than 21,000 pounds whether hauling
a semi -trailer or not, and the semi -trailer used for such hauling
in conjunction with such truck -tractor or converted truck shall be
registered and taxed separately as provided by section 168.013,
subdivision 1, paragraph 7. (168.011)
"Registrar." The registrar of motor vehicles, designated in
this act.
"Sworn Statement." Any statement required by or made
pursuant to the provisions of this act, made under oath admin-
istered by an officer authorized to administer oaths.
"First year of life" means the year of model designation of the
vehicle, or, if there be no year of model designation, it shall mean
the year of manufacture.
"Dealer." Any person, firm or corporation regularly engaged
in the business of manufacturing, or selling, purchasing and gen-
erally dealing in new and unused motor vehicles having an estab-
lished place of business for the sale, trade and display of new and
unused motor vehicles and having in its, his or their possession
new and unused motor vehicles for the purpose of sale or trade.
(168.011)
16.01. Vehicles exempt from motor vehicle license. —Vehicles
owned and used solely in the transaction of official business by
representatives of foreign powers, by the federal government, the
state, or any political subdivision thereof, or vehicles owned and
used exclusively by educational institutions and used solely in the
transportation of pupils to and from such institutions, shall be
exempt from the provisions of this chapter requiring payment of
tax or registration fees, but all such vehicles except those owned
229
MOTOR VEHICLES
by the federal government, municipal fire apparatus, police patrols
and ambulances, the general appearance of which is unmistakable,
shall be registered as herein required and display tax exempt
number plates furnished by the registrar at cost. In the case of
vehicles used in general police work the passenger vehicle classifi-
cation license number plates shall be displayed and furnished by
the registrar at cost; but the exemption herein provided shall not
apply to any vehicles, except such vehicles used in general police
work, unless the name of the state department or political subdi-
vision owning such vehicle shall be plainly printed on both sides
thereof in letters not less than 2% inches high, one inch wide
and of a 3/s inch stroke. Such printing shall be in a color giving a
marked contrast with that of the part of the vehicle on which it
it placed and shall be done with a good quality of paint that will
endure throughout the term of the registration. The printing must
be on a part of the vehicle itself and not on a removable plate or
placard of any kind and shall be kept clean and visible at all times.
The owner of any such vehicle desiring to come under the fore-
going exemption provisions shall first notify the chief of the state
trunk highway patrol who shall provide suitable seals and cause
the same to be affixed to any such vehicle.
Tractors used solely for agricultural purposes or tractors, to-
gether with trailers or wagons thereto attached, occasionally haul-
ing agricultural products or necessary commodities used on the
farm from said farm to and from the usual market place of the
owner, tractors for drawing threshing machinery and implements
of husbandry temporarily moved upon the highway shall not be
taxed as motor vehicles using the public streets and highways and
shall be ex.,mpt from the provisions of this chapter.
Contractors construction equipment, but not including trucks
and other equipment used for the transportation of materials on
the highway, shall not be taxed as motor vehicles using the public
streets and highways, and shall be exempt from the provisions of
this chapter.
Bunkhouses, supply cars, shop cars, and other similar camp
equipment mounted on trailers and used by highway construction
contractors exclusively at construction camp sites shall not be
taxed as motor vehicles using the public streets and highways and
shall be exempt from the provisions of this chapter. Such trailers
with such mounted bunkhouses, supply cars, shop cars, and other
similar camp equipment thereon shall be listed and taxed as per-
sonal property. (168.012)
Motor vehicles, which are used only for the purpose of carrying
sawing machines, well drilling machines or corn shellers perma-
nently attached to them, shall not be subject to the registration
tax as herein provided, but shall be listed for taxation as personal
property as provided by law.
All motor vehicle apparatus owned by a farmers' cooperative
association or by a body of farmers and used solely in the Px-
tinguishment of fire in the community in which it is so owned and
employed shall be exempt from taxation.
Motor vehicles which during any calendar year are not oper-
ated on a public highway shall be exempt from the provisions of
this chapter requiring registration, payment of tax and penalties
for nonpayment thereof, provided that the owner of any such
230
MOTOR VEHICLES
vehicle shall first file his verified written application with the
registrar, correctly describing the vehicle and certifying that it
has not been and will not be operated upon a public highway.
Motor vehicles whose domicile is in a foreign state and are legally
licensed in that state and owned by a Minnesota resident shall be
exempt from the provisions of this Chapter and subject to the pro-
visions of Section 168.18. Provided, that this exemption does not
conflict with any existing reciprocal agreement with the state in
which the vehicle is domiciled. (168.012)
16.03. Rate of tax. —This information is obtainable at all
branch offices of Motor Vehicle Registration bureaus.
16.04. Violations, penalties. —Any person who shall with intent
to escape payment of any tax on a motor vehicle as herein pro-
vided, delay or neglect to properly list and apply to register the
same, or with the intent to prevent the payment or collection of
the proper tax, fee or lien thereon, violate or neglect to comply
with any of the provisions of this act shall be guilty of a gross
misdemeanor. (168.35)
16.05. Same. —Any person who shall use or cause any motor
vehicle to be used or operated in violation of the provisions of this
act or while a certificate of registration of a motor vehicle issued
to him is suspended or revoked, or who shall knowingly deliver a
motor vehicle to another to be used or operated in violation of this
act, or who shall violate any of the provisions thereof, shall be
guilty of a misdemeanor. The possession of a motor vehicle the
original engine number of which has been destroyed, removed,
altered, covered or defaced shall be prima facie evidence that the
same is stolen property. Registration shall be refused such motor
vehicles, provided, however, that within sixty days after this act
takes effect any person possessing such motor vehicle may apply
for a special engine number. If the registrar is satisfied on the
sworn statements of the applicant that the applicant is the legal
owner a special engine number preceded by the letters MINN.
shall be assigned such motor vehicle. Upon certificate by a peace
officer that the said number has been properly stamped on such
engine the motor vehicle may thereafter be registered as are otner
motor vehicles. (168.36)
16.051. Same. —Any person who shall loan or use any number
plate or registration certificate upon or in connection with any
motor vehicle except the one for which the same was duly issued,
or upon any such motor vehicle after the said certificate or plates
or the right to use the same have expired, or any person who shall
retain in his possession or shall fail to surrender as herein pro-
vided any such number plate or registration certificate shall be
guilty of a misdemeanor. Any person who manufactures, buys,
sells, uses or displays motor vehicle license number plates, motor
vehicle registration certificates, or tax receipts issued by this state
or any other state, territory or district in the United States, with-
out proper authority from such state, territory or district of the
United States, shall be guilty of a misdemeanor and upon con-
viction hereof shall be punished by a fine of not less than $25.00
or more than $100.00 or by confinement of not less than 15 days
or more than 90 days or by both such fines and imprisonment.
(168.36)
231
MOTOR VEHICLES
16.06. Same. —Any person who shall deface or alter any regis-
tration certificate or number plate or retain the same in his pos-
session after the same has been defaced or altered shall be guilty
of a misdemeanor. (168.36)
16.09. Certain Sunday traffic prohibited. —It is a misdemeanor
for any person, co -partnership, association, or corporation to
operate a commercial truck, tractor, truck -tractor, trailer, or
semi -trailer (there are certain exceptions made) on the high-
ways of this state within 35 miles from any city of the first
class between the hours of 9 a. m. and 12 midnight on Sundays
both inclusive. The exceptions are Class T motor vehicles, com-
mercial motor vehicles of one ton or less, vehicles used for the
transportation of livestock, motor vehicles for transportation of
newspapers, non -intoxicating beverages, ice cream, dairy products,
poultry, poultry products, bakery goods and other perishable pro-
ducts. Also emergency vehicles of public utilities, vehicles used
exclusively in highway construction, vehicles going to the assist-
ance of disabled vehicles, and motor vehicles operating wholly
within the corporate limits of cities and villages, or between cities
and villages whose boundaries are coincidental. (221.41)
16.13. Rate of gasoline tax. —There is hereby imposed an ex-
cise tax of five cents per gallon on all gasoline used in producing
or generating power for propelling motor vehicles used on the
public highways of this state. Said tax shall be payable at the
times, in the manner, and by the persons hereinafter specified
(296.02)
16.15 (168.034-168.039)
Note: This chapter relates to the operation of motor vehicles of
members of the army and navy in service and imposes certain con-
ditions and limitations thereon.
Section 1. Any person who is engaged in active service in time
of war or other emergency declared by proper authority in any of
the military or naval forces of the United States, and who owns and
Is duly licensed under the laws of another state to operate a motor
vehicle upon the highways thereof, may operate such motor vehicle
hways
personally
by or authorized his driver usn hsstreets
tnd f townships, villages a cities in thistate,ubjectrhe following
conditions and limitations, to -wit:
(a) Exemptions operative by owner only during the remainder
of the year the vehicle is licensed.
(b) Owner shall carry and display all number plates of state
where registered.
(c) Owner must file with registrar proof of military or naval
service.
(d) Owner must file with the registrar In Minnesota a written
statement acknowledged giving name and address of anyone inter-
ested in the vehicle; from whom purchased or acquired; name of
manufacturer, and Its serial number and weight, number of cylin-
ders, and the following:
Owner consents and agrees that operation of vehicle in Minne-
sota will be subject to all its laws: consents to be proceeded against
either civilly or criminally in Minnesota where vehicle Is operated,
on any claim or cause of action arising therein and In such case
papers may be served on undersigned by mailing copy which 1s
agreed to be personal service.
Section 2. When owner complies with the above, is entitled to
operate the vehicle within Minnesota subject to suspension or can-
cellation operative against a resident of this state.
Such certificate shall be prima facie evidence that the vehicle
may be operated in Minnesota: if any change in ownership or license
or number plates is made, certificate shall be void.
232
MOTOR VEHICLES
Section 3. A foreign motor vehicle operating without such cer-
tificate is subject with the driver to seizure by any Minnesota officer.
If convicted, such vehicle may be sold on execution to pay fine and
costs of seizure and sale.
Section 4. Any person filing the statement or written instrument
knowing its falsity is guilty of a felony.
Section 5. The registrar may put out rules and regulations neces-
sary for this act.
Section 6. This act shall apply only to passenger motor vehicles
not used in transporting persons or property for hire.
16.150. Registered owner's right. —The registered owner's
right to the registration certificate provided for herein and the
right to use the number plates issued therewith shall expire upon
the termination of ownership of any person in the motor vehicle
for which the same was issued, and in any event at midnight on
December 31st of the year for which issued except as provided in
section 168.013 subd. 1, paragraph 2. (168.014)
16.151. Wheelage tax. —No borough, village, or city shall im-
pose any tax or license fee or bond of any kind for the operation
of any motor vehicle on its streets if the person or company own-
ing or operating such vehicle holds a certificate or permit to oper-
ate such vehicle issued in accordance with the provisions of Minne-
sota Statutes 1945, Chapter 221, provided, that this section shall
not apply to vehicles transporting persons for hire which are
operated exclusively within any boroughvillage or city or con-
tiguous cities, villages, or ,boroughs, (168.013 subd. 9)
233
CHAPTER VII.- HIGHWAY TRAFFIC REGULA-
TION ACT.
I. —HIGHWAY TRAFFIC.
ARTICLE I —WORDS AND PHRASES DEFINED
17.00. Definitions. —The following words and phrases when
in this act shall, for the purpose of this act, have the meanings
respectively ascribed to them in this article.
(1) "Vehicle." Every device in, upon, or by which any per-
son or property is or may be transported or drawn upon a highway,
except devices moved by human power or used exclusively upon
stationary rails or tracks.
(2) "Motor vehicle." Every vehicle which is self-propelled
and not deriving its power from overhead wires.
(3) "Motorcycle." Every motor vehicle having a saddle for
the use of the rider and designed to travel on not more than three
wheels in contact with the ground including motor scooters, and
bicycles with motor attached but excluding a tractor.
(4) "Authorized emergency vehicle." Means any of the fol-
lowing vehicles when equipped and identified according to law:
(1) a vehicle of a fire department; (2) a publicly owned police
vehicle or a privately owned vehicle used by a police officer for
police work, under agreement, express or implied, with the local
authority to which he is responsible; (3) an ambulance, whether
publicly or privately owned; (4) an emergency vehicle of a
municipal department or a public service corporation.
(5) "School bus." Every motor vehicle owned by a public or
governmental agency and operated for the transportation of chil-
dren to or from school or privately owned and operated for com-
pensation for the transportation of children to or from school.
(6) "Truck tractor." Every motor vehicle designed and used
primarily for drawing other vehicles and not so constructed as to
carry a load other than a part of the weight of the vehicle and load
so drawn.
(7) "Farm tractor." Every motor vehicle designed and used
primarily as a farm implement for drawing plows, mowing ma-
chines, and other implements of husbandry.
(8) "Road tractor." Every motor vehicle designed and used
for drawing other vehicles and not so constructed as to carry
any load thereon either independently or any part of the weight of
a vehicle or load so drawn.
(9) "Trailer." Every vehicle without motive power designed
for carrying persons or property and for being drawn by a motor
vehicle and so constructed that no part of its weight rests upon the
towing vehicle.
(10) "Semi -trailer." Every vehicle without motive power de-
signed for carrying persons or property and for being drawn by a
motor vehicle and so constructed that some part of its weight and
that of its load rests upon or is carried by another vehicle.
234
REGULATION OF TRAFFIC
ill) "Pneumatic tire." Every tire in which compressed air is
designed to support the load.
(12) "Solid tire." Every tire of rubber or other resilient ma-
terial which does not depend upon compressed air for the support
of the load.
(13) "Metal tire." Every tire the surface of which in contact
with the highway is wholly or partly of metal or other hard non -
resilient material.
(14) "Railroad." A carrier of persons or property upon cars,
other than street cars, operated upon stationary rails.
(15) "Railroad train." A steam engine, electric or other mo-
tor, with or without cars coupled thereto, operated upon rails, ex-
cept street cars.
(16) "Street car." A car other than a railroad train for trans-
porting persons or property and operated upon rails principally
within a municipality.
(17) "Trackless trolley car." Every vehicle which is propell-
ed by electric power obtained from overhead trolley wires but not
operated on rails.
(18) "Explosives." Any chemical compound or mechanical
mixture that is commonly used or intended for the purpose of pro-
ducing an explosion and which contains any oxidizing and combus-
tive units or other ingredients in such proportions, quantities, or
packing that an ignition by fire, by friction, by concussion, by per-
cussion, or by detonator of any part of the compound or mixture
may cause such a sudden generation of highly heated gases that
the resultant gaseous pressures are capable of producing destructi-
ble effects on contiguous objects or of destroying life or limb.
(19) "Flammable liquid." Any liquid which has a flash point
of 70 degrees F., or less, as determined by a tagliabue or equivalent
closed cup test device.
(20) "Commissioner." The commissioner of highways of this
state. acting directly or thru his duly authorized officers and agents.
(21) "Department." The department of highways of this
state, acting directly or thru its duly authorized officers and agents.
(22) "Person." Every natural person, firm, copartnership,
association, or corporation.
(23) "Pedestrian." Any person afoot.
(24) "Driver." Every person who drives or is in actual physi-
cal control of a vehicle.
(25) "Owner." A person who holds the legal title of a vehicle
in the event a vehicle is the subject of an agreement for the con-
ditional sale or lease thereof with the right of purchase upon per-
formance of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee or
lessee, or in the event a mortgagor of a vehicle is entitled to pos-
session, then such conditional vendee or lessee or mortgagor shall
be deemed the owner for the purpose of this act.
(26) "Police officer." Every officer authorized to direct or
regulate traffic or to make arrests for violations of traffic regula-
tions.
(27) "Local authorities." Every county, municipal, and other
local board or body having authority to adopt local police regula-
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REGULATION OF TRAFFIC
tions under the constitution and laws of this state, and the Regents
of the University of Minnesota with reference to property owned,
leased, or occupied by the Regents of the University of Minne-
sota, or the University of Minnesota.
(28) "Street or highway." The entire width between boundary
lines of any way or place when any part thereof is open to the
use of the public, as a matter of right, for purposes of vehicular
traffic.
(29) "Private road or driveway." Every way or place in pri-
vate ownership and used for vehicular travel by the owner and
those having express or implied permission from the owner but not
by other persons.
(30) "Roadway." That portion of a highway improved de-
signed or ordinarily used for vehicular travel. In the event a high-
way includes two or more separate roadways the term "roadway"
as used herein shall refer to any such roadway separately but not
to all such roadways collectively.
(31) "One-way roadway." A street or roadway designated
and sign -posted for one-way traffic and on which all vehicles are
required to move in one indicated direction.
(32) "Sidewalk." That portion of a street between the curb
lines, or the lateral lines of a roadway, and the adjacent property
lines intended for the use of pedestrians.
(33) "Laned highway." A highway the roadway of which is
divided into two or more clearly marked lanes for vehicular traffic.
(34) "Thru highway." Every highway or portion thereof at
the entrances to which vehicular traffic from intersecting highways
is required by law to stop before entering or crossing the same and
when stop signs are erected as provided in this act.
(35) "Intersection." The area embraced within the prolonga-
tion or connection of the lateral curb lines, or, if none, then the
lateral boundary lines of the roadways of two highways which join
one another, at, or approximately at, right angles, or the area with-
in which vehicles traveling upon different highways joining at any
other angle may come in conflict. Where a highway include_ two
roadways 30 feet or more apart, then every crossing of each road-
way of such divided highway by an intersecting highway shall be
regarded as a separate intersection. In the event such intersecting
highway also includes two roadways 30 feet or more apart, then
every crossing of two roadways of such highways shall be re-
garded as a separate intersection.
(36) "Crosswalk." (a) That portion of a roadway ordinarily
included within the prolongation or connection of the lateral lines
of sidewalks at intersections.
(b) Any portion of a roadway distinctly indicated for pedes-
trian crossing by lines or other markings on the surface.
(37) "Safety zone." The area or space officially set apart
within a roadway for the exclusive use of pedestrians and which is
protected or is so marked or indicated by adequate signs as to be
plainly visible at all times set apart as a safety zone.
(38) "Rosiness district." The territory contiguous to and in-
cluding a highway when 50 percent or more of the frontage thereon
for a distance of 300 feet or more is occupied by buildings in use for
business.
236
REGULATION OF TRAFFIC
(39) "Residence district." The territory contiguous to and in-
cluding a highway not comprising a business district when the
property on such highway for a distance of 300 feet or more is in
the main improved with residences or residences and buildings in
use for business.
(40) "Official traffic control devices." All signs, signals,
markings, and devices not inconsistent with this act placed or
erected by authority of a public body or official having jurisdiction,
for the purpose of regulating, warning, or guiding traffic.
(41) "Traffic control signal." Any device, whether manually,
electrically or mechanically operated, by which traffic is alternately
directed to stop and to proceed.
(42) "Railroad sign or signal." Any sign, signal, or device
erected by authority of a public body or official or by a railroad
and intended to give notice of the presence of railroad tracks or
the approach of a railroad train.
(43) "Traffic." Pedestrians, ridden or herded animals, vehi-
cles, street cars, and other conveyances either singly or together
while using any highway for purposes of travel.
(44) "Right-of-way." The privilege of the immediate use of
highway.
(45) "Gross weight." The unloaded weight of a vehicle and/
or the unloaded weight of a truck -tractor and semi -trailer combina-
tion, plus the weight of the load.
(46) "Custom Service Vehicles." All vehicles used as well -
drilling machine, wood -sawing machine, cement mixer, rock
crusher, road grader, ditch diggers, or elevating graders and simi-
lar service equipment.
(47) "Motor Vehicle Dealer." Any person engaged in the
business of manufacturing or selling new and unused motor ve-
hicles, or used motor vehicles, or both, having an established place
of business for the sale, trade and display of such motor vehicles,
and having in his possession motor vehicles for the purpose of
sale or trade. [2720-151, 1940 Supplement] (169.01)
(48) "Truck" means every motor vehicle designed, used or
maintained primarily for the transportation of property.
(49) "Bus." Every motor vehicle designed for carrying more
than 10 passengers and used for the transportation of persons, and
every motor vehicle other than a taxicab designed and used for
the transportation of persons for compensation.
(50) "Bicycle." Every device propelled by human power upon
which any person may ride, having two tandem wheels either of
which is over 20 inches in diameter, and including any device gen-
erally recogniz a as a bicycle though equipped with two front or
rear wheels.
(511 "Bug deflector" means a non -illuminated, transparent
d. vice attached to the hood of a motor vehicle so as to deflect the
air cream.
(52) Bug deflectors shall be permitted but not required on
motor vehicles. No bug deflector shall be sold, offered for sale, or
used which exceeds 50 square inches in area or which is composed
of other than a non -illuminated, transparent material. (169.01)
Sec. 2. This act shall be in effect on and after January 1, 1954.
237
REGULATION OF TRAFFIC
(53) "Wrecker" means a motor vehicle having a gross vehicle
weight of 8,000 pounds or more, equipped with a crane and winch
and further equipped to control the movement of the towed vehicle.
ART. II. —OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
17.01. (169.02) Motor vehicles on highways. —The provisions of
this chapter relating to the operation of vehicles refer exclusively
to the operation of vehicles upon highways, and upon highways,
streets , private roads, and roadways situated on property owned,
leased, or occupied by the Regents of the University of Minnesota
or the University of Minnesota, except:
(1) Where a different place is specifically referred to in a
given section;
(2) The provisions of sections 169.09 to 169.13 apply upon
highways and elsewhere throughout the state.
17.02. Acts forbidden or required. —It is unlawful and, unless
otherwise declared in this act with respect to particular offenses,
it is a misdemeanor for any person to do any act forbidden or
fail to perform any act required in this act. (169.02)
17.03. Fail or refuse to comply. —No person shall wilfully
fail or reuse to comply with any lawful order or direction of any
peace offcer invested by law with authority to direct, control, or
regulate traffic. (169.02)
17.04. (169.03) Drivers of mergency vehicles. —(a) The provi-
sions o: this act applicable to the drivers of vehicles upon the high-
ways shall apply to the drivers of all vehicles owned or operated by
the United States, this state or any county, city, town, district, or
any other political subdivision of the state, subject to such specific
exempions as are set forth in this act with reference to authorized
emergency vehicles. The driver of any authorized emergency veh-
icle, when responding to an emergency call, upon approaching a
red or stop signal, or any stop sign, shall slow down as necessary
for safety, but may proceed cautiously past such red or stop sign
or signal after sounding siren and displaying red lights.
(b) The driver of any authorized emergency vehicle when re-
sponding to an emergency call shall be authorized to enter against
the run of traffic on any one-way street, or highway where there
is authorized division of traffic, in order to enter the platted block
or area in which an emergency has been reported; and the pro-
visions of this act shall not affect any cause of action arising prior
to its passage.
(c) "No driver of any authorized emergency vehicle shall as-
sume any special privilege under this chapter except when such
vehicle is operated in response to any emergency call or in the im-
mediate pursuit of an actual or suspected violator of the law.
(d) The provisions of this act shall not apply to persons,
teams, motor vehicles and other equipment while actually engaged
in work upon the roadway of a highway but shall apply to such per-
sons and vehicles when traveling to or from such work.
(e) Street cars and trackless trolley cars, except where other-
wise specifically provided, shall be governed by the same rules and
238
REGULATION OF TRAFFIC
regulations as provided in this act for 'vehicles and motor vehicles,
only in so far as such regulations apply to speed, stopping at
through streets and railroad tracks, and obeying signals of traffic
control devices and rights -of -way, driving under the influence of
drugs or intoxicating liquor, careless driving, and the stopping at
the scene of an accident and giving the information as required by
this chapter, and following vehicles too closely, and shall be en-
titled to the same rights and benefits of this act, as to warning,
turning and stopping signals and rights -of -way, as any vehicle
or motor vehicle in the streets and highways of this state. (169.03)
17.05. Riding bicycle, animal or driving animal drawing vehi-
cle. —Every person riding a bicycle or an animal or driving any ani-
mal drawing a vehicle upon a roadway shall be subject to the pro-
visions of this act applicable to the driver of a vehicle, except those
provisions of this act which by their nature can have no applica-
tion. (169.03)
17.06. Uniformity. —The provisions of this act shall be ap-
plicable and uniform thruout this state and in all political subdivi-
sions and municipalities therein and no local authority shall enact
or enforce any rule or regulation in conflict with the provisions of
this act unless expressly authorized herein. Local authorities may,
however. adopt traffic regulations which are not in conflict with
the provisions of this act, provided, that when any local ordinance
regulating traffic covers the same subject for which a penalty Is
provided for in this chapter, then the penalty provided for viola-
tion of said local ordinance shall be identical with the penalty
provided for in this chapter for the same offense.
17.07. State highways within corporate limits of municipality.
—(a) The provisions of this act shall not be deemed to prevent
local authorities with respect to streets and highways under their
jurisdiction and with the consent of the commissioner with respect
to state trunk highways, within the corporate limits of a municipal-
ity or within the limits of a town in a county in this state now
having or which may hereafter have a population of 500.000 or
more, and a land area of not more than 600 square miles and with-
in the reasonable exercise of the police power from:
1. Regulating the standing or parking of vehicles;
2. Regulating traffic by means of police officers or traffic con-
trol signals;
3. Regulating or prohibiting processions or assemblages on
the highways;
4. Designating particular highways as one-way roadways and
requiring that all vehicles, except emergency vehicles, when on an
emergency run, thereon be moved in on spcific direction;
5. Designating any highway as a thru highway and requiring
that all vehicles stop before entering or crossing the same or desig-
nating any intersection as a stop intersection and requiring all ve-
hicles to stop at one or more entrances to such intersections;
6. Restricting the use of highways as authorized in Article
XVI of this act.
(b) No ordinance or regulation enacted under subdivisions 4,
5, or 6 of this section shall be effective until signs giving notice of
such local traffic regulations are posted upon and kept posted upon
239
REGULATION OF TRAFFIC
or at the entrance to the highway or part thereof affected as may be
most appropriate. (169.04)
17.08. Owner may prohibit use. —Nothing in this act shall be
construed to prevent the owner of real property used by the public
for purposes of vehicular travel by permission of the owner and not
as matter of right from prohibiting such use, or from requiring
other or different or additional conditions than those specified in
this act, or otherwise regulating such use as may seem best to such
owner. (169.05)
ART. III. —TRAFFIC SIGNS, SIGNALS, AND MARKINGS
17.09. Manual and uniform system. —The commissioner shall
adopt a manual and specifications for a uniform system of traffic -
control devices consistent with the provisions of this act for use
upon highways within this state. Such uniform system shall corre-
late with and so far as possible conform to the system then current
as approved by the American Association of State Highway Offi-
cials. (169.06)
17.10. Traffic control devices. —(a) The commissioner shall
place and maintain such traffic -control devices, conforming to the
manual and specifications, upon all state trunk highways as he shall
deem necessary to indicate and to carry out the provisions of this
act or to regulate, warn, or guide traffic. * * * (169.06)
(b) No other authority shall place or maintain any traffic -
control device upon any highway under the jurisdiction of the com-
missioner except by the latter's permission. (169.06)
17.11. Place and maintenance of control devices. —Local auth
orities in their respective jurisdictions shall place and maintain
such traffic -control devices upon highways under their jurisdiction
as they may deem necessary to indicate and to carry out the pro-
visions of this act or local traffic ordinances or to regulate, warn,
or guide traffic. All such traffic -control devices hereafter erected
shall conform to the state manual and specifications. (169.06)
17.12. Obedience to control devices. —No driver of a vehicle
or motorman of a street car or pedestrian or person riding an ani-
mal or bicycle shall disobey the instructions of any official traffic -
control device placed in accordance with the provisions of this act,
unless at the time otherwise directed by a police officer. (169.06)
17.13. Traffic control signals. —When traffic is controlled by
traffic -control signals exhibiting the words "Go," "Caution," or
"Stop" or exhibiting different colored lights successively one at a
time or with arrows the following colors only shall be used which
terms and lights shall indicate and apply to drivers of vehicles,
and pedestrians as follows:
(a) Green alone or "Go".
1. Except when prohibition under 17.57 (this Manual) vehicu-
lar traffic facing the signal may proceed straight thru or turn right
or left unless a sign at such place prohibits either such turn. But
vehicular traffic shall yield the right-of-way to other vehicles and
to pedestrians lawfully within the intersection at the time such
signal is exhibited.
240
REGULATION OF TRAFFIC
2. Pedestrians facing the signal may proceed across the road-
way within any marked or unmarked crosswalk.
(b) Yellow alone or "Caution" when shown following the
green or "Go" signal.
1. Vehicular traffic facing the signal is thereby warned that
the red or stop signals will be exhibited immediately thereafter
and such vehicular traffic shall not enter or be crossing the inter-
section when the red or stop signal is exhibited.
2. Pedestrians facing such signal are thereby advised that
there is insufficient time to cross the roadway, and any pedestrian
then starting to cross shall yield the right-of-way to all vehicles.
(c) Red alone or "Stop".
1. Vehicular traffic facing the signal shall stop before enter-
ing the crosswalk on the near side of the intersection or, if none,
then before entering the intersection and shall remain standing
until green or "Go" is shown alone.
2. No pedestrian facing such signal shall enter the roadway.
(d) Red with green arrow.
1. Vehicular traffic facing such signal may cautiously enter
the intersection only to make the movement indicated by the
arrow, but shall yield the right of way to pedestrians lawfully
within a crosswalk and to other traffic lawfully using the inter-
section.
2. No pedestrian facing such signal shall enter the roadway.
(e) The motorman of any street car shall obey the above sig-
nals as applicable to vehicles.
When special pedestrian -control signals exhibiting the words
"Walk" or "Wait" or "Don't Walk" are in place such signals shall
indicate as tollows:
(a) Pedestrian facing a "Walk" signal may proceed across
the roadway in the direction of the signal and shall be given the
right-of-way by the drivers of all vehicles.
(b) No pedestrian shall start to cross the roadway in the
(direction of a "Wait' or "Don't Walk" signal, but any pedestrian
who has partially completed his crossing on the "Walk" signal
shall proceed to a sidewalk or safety island while the "Wait" or
"Don't Walk" signal is showing. (169.06)
17.14. Signals for vehicular traffic. —Whenever flashing red
or yellow signals are used they shall require obedience by vehi-
cular traffic as follows:
1. Flashing red (stop signal). When a red lens is illuminated
by rapid intermittent flashes, drivers of vehicles shall stop before
entering the nearest crosswalk at an intersection or at a limit line
when marked and the right to proceed is subject to the rules
applicable after making a stop at a stop sign.
2. Flashing yellow (caution signal). When a yellow lens is
illuminated with rapid intermittent flashes, drivers of vehicles may
proceed thru the intersection or past such signal only with caution.
(169.06)
17.15. Unlawful sign, marking, etc. —(a) No person shall place
maintain, or display upon or in view of any highway any un-
241
REGULATION OF TRAFFIC
authorized sign, signal, marking, or device which purports to be or
is an imitation of or resembles an official traffic -control device or
railroad sign or signal, or which attempts to direct the movement
of traffic, or which hides from view or interferes with the effective-
ness of any official traffic -control device or any railroad sign or
signal, and no person shall place or maintain nor shall any public
authority permit upon any highway any traffic sign or signal bear-
ing thereon any commercial advertising. This shall not be deemed
to prohibit the erection upon private property adjacent to highways
of signs giving useful directional information and of a type that
cannot be mistaken for official signs.
(b) Every such prohibited sign, signal, or marking is hereby
declared to be public nuisance and the authority having jurisdic-
tion over the highway is hereby empowered to remove the same or
cause it to be removed without notice. (169.07)
17.16. Not to remove any device. —No person shall without
lawful authority attempt to or in fact alter, deface, injure, knock
down, or remove any official traffic -control device or any railroad
sign or signal or any inscription, shield, or insignia thereon, or
any other part thereof. (169.08)
ART. IV. —ACCIDENTS
17.17. Must stop after accident. —The driver of any vehicle
involved in an accident resulting in injury to or death of any person
shall immediately stop the vehicle at the scene of the accident, or
as close thereto as possible, but shall then return to, and in every
event shall remain at, the scene of the accident until he has ful-
filled the requirements of this chapter as to the giving of infor-
mation. The stop shall be made without unnecessary obstructing
traffic.
Any person failing to stop or to comply with these requirements
under such circumstances shall, upon conviction, be punished by
imprisonment for not less than ten, nor more than 90, days, or by
a fine of not less than $10.00, nor more than $100.00.
17.18. Failing to stop, a misdemeanor. —The driver of any ve-
hicle involved in an accident to a vehicle which is driven or attend-
ed by any person shall immediately stop such vehicle at the scene
of such accident or as close thereto as possible but shall forthwith
return to and in every event shall remain at the scene of such ac-
cident until he has fulfilled the requirements of this Act as to the
giving of information. Every such stop shall be made without ob-
structing traffic more than is necessary. Any person failing to stop
or comply with said requirements under such circumstances shall
be guilty of a misdemeanor. (169.09)
17.19. Must give reasonable assistance. —The driver of any
vehicle involved in an accident resulting in injury to or death of
any person or damage to any vehicle which is driven or attended by
any person shall stop and give his name, address, and the registra-
tion number of the vehicle he is driving and shall upon request and
if available exhibit his driver's or chauffeur's license to the per-
son struck or the driver or occupant of or person attending any
vehicle collided with and shall render reasonable assistance to any
person injured in such accident. (169.09)
242
REGULATION OF TRAFFIC
17.20. Notify driver and report to police officer. —The driver
of any vehicle which collides with and damages any vehicle which
is unattended shall immediately stop and either locate and notify
the driver or owner of the vehicle of the name and address of the
driver and owner of the vehicle striking the unattended vehicle,
shall report the same to a police officer, or shall leave in a con-
spicuous place in the vehicle struck a written notice giving the
name and address of the driver and of the owner of the vehicle
doing the striking.
17.21. Notify owner. —The driver of any vehicle involved in
an accident resulting only in damage to fixtures legally upon or
adjacent to a highway shall take reasonable steps to locate and
notify the owner or person in charge of such property of such fact
and of his name and address and of the registration number of the
vehicle he is driving and shall upon request and if available exhibit
his driver's or chauffeur's license and shall make report of such ac-
cident when and as required by the provisions of this Act. (169.09)
17.22. Written report to be filed. —The driver of a vehicle
involved in an accident resulting in injury to or death of any per-
son shall, after compliance with the provisions of this section, by
the quest means of communication, give notice of such accident to
the local police department, if the accident occurs within a munici-
pality, or to a state highway patrol officer if the accident occurs on
a trunk highway, or to the office of the sheriff of the county.
Subd. (2). The driver of a vehicle involved in an acci-
dent resulting in injury to or death of any person or total prop-
erty damage to an apparent extent of $50.00 or more, shall promptly,
forward a written report of the accident to the commissioner. If,
in the opinion of the commissioner, the original report of any driver
of a vehicle involved in an accident of which report must be
made as provided in this section is insufficient he may require
the driver to file supplementary reports.
Subd. (3). Every law enforcement officer who in the regular
course of duty, investigates a motor vehicle accident of which
report must be made as required in this section, either at
the time of and at the scene of the accident or thereafter by inter-
viewing participants or witnesses, shall, within 24 hours after
completing such investigation, forward a written report of such
accident to the Commissioner.
Subd. (4). The department shall prepare and upon re-
quest supply to police departments, coroners, sheriffs, garages and
other suitable agencies or individuals, forms for accident reports
required hereunder, appropriate with respect to the persons re-
quired to make such reports and the purposes to be served. The
written reports to be made by persons involved in accidents and
by investigating officers shall call for sufficiently detailed infor-
mation to disclose with reference to a traffic accident the causes,
conditions then existing, and the persons and vehicles involved.
Subd. (5). Every accident report required to be made in writ-
ing shall be made on the appropriate form approved by the depart-
ment and shall contain all of the information required therein un-
less not available.
Subd. (6). Every coroner or other official performing
like functions shall report in writing to the department the death
243
REGULATION OF TRAFFIC
of any person within his jurisdiction as the result of an accident
involving a motor vehicle and the circumstances of such accident.
Such report shall be made within five days after such death.
Subd. (7). The person in charge of any garage or repair
shop to which is brought any motor vehicle which shows evidence
of having been struck by any bullet, shall immediately report to
the local police or sheriff and to the Commissioner within 24 hours
after such motor vehicle is received, giving the engine number,
registration number and the name and address of the owner or
operator of such vehicle. (169.09)
Subd. (8). All required accident reports and supplemental
reports shall be without prejudice to the individual so re-
porting and shall be for the confidential use of the department
for accident prevention purposes, except that the department and
any law enforcement department of any municipality or county in
this state shall, upon written request of any person involved in an
accident or upon written request of the representative of his es-
tate, disclose to such person, the representative of his estate, or
legal council, the names and addresses of the driver and all other
persons involved in an accident, the name and address of any
witnesses to the accident, the name and address of any officer
who has investigated the accident, the licence of any motor ve-
hicle involved therein, and the date and place of the accident.
No such report shall be used as evidence in any trial, civil or
criminal, arising out of an accident, except that the department
shall furnish upon the demand of any person who has, or claims
to have, made such a report, or upon demand of any court, a cer-
tificate showing that a specified accident report has or has not
been made to the department solely to prove a compliance or a
failure to comply with the requirements that such report be made
to the department. Disclosing any information contained in any
accident report, except as provided herein, is unlawful and a mis-
demeanor.
Nothing herein shall be construed to prevent any person who
has made a report pursuant to this chapter from testifying in
any trial, civil or criminal, arising out of an accident, as to facts
within his knowledge. It is intended by this subdivision to render
privileged the reports required but it is not intended to prohibit
proof of the facts to which such reports relate. Legally qualified
newspaper publications shall upon request to a law enforcement
agency be given an oral statement covering only the time and
place of the accident, the names and addresses of the parties in-
volved, and a general statement as to how the accident happened
without attempting to fix liability upon anyone, but said legally
qualified newspaper publications shall not be given access to the
hereinbefore mentioned confidential reports, nor shall any such
statements or information so orally given be used in evidence in
any court proceeding, but shall merely be used for the purpose of
a proper publication of the news. (169.09-13)
17.23. Publish statistics. —The department shall tabulate and
may analyze all accident reports and shall publish annually or at
more frequent intervals statistical information based thereon as to
the number and circumstances of traffic accidents. (169.10)
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REGULATION OF TRAFFIC
ART. V.—CRIMINAL NEGLIGENCE, DRIVING WHILE
INTOXICATED, AND RECKLESS DRIVING
17.24. Criminal negligence. —(a) Any person who Dy operat-
ing or driving a vehicle of any kind in a reckless or grossly negli-
gent manner causes a human being to be killed, under circum-
stances not constituting murder in the first, second or third degree
or manslaughter in the first or second degree, is guilty of criminal
negligence in the operation of a vehicle resulting in death.
(b) A person convicted of the crime defined by subsection (a)
hereof, shall be punished by imprisonment in the State Penal In-
stitutions for a term not exceeding five years, or in the workhouse
or county jail for not more than one year, or by a fine of not more
than $1,000.00, or by both a fine and imprisonment in the State Pen-
al Institutions or a fine and imprisonment in the workhouse or
county jail.
(c) The commissioner shall revoke the driver's license and
the secretary of state shall revoke the chauffeur's license of any
person convicted of the crime of criminal negligence in the opera-
tion of a vehicle resulting in the death of a human being. (169.11)
17.25. Drunken driving —Punishment. (169.12) Subdivision 1.
It is unlawful and punishable as provided in this section for any
person who is an habitual user of narcotic drugs or any person
who is under the influence of intoxicating liquor or narcotic drugs
to drive or operate any vehicle whithin this state.
Subd. 2. Upon the trial of any prosecution arising out of acts
alleged to have been committed by any person arrested for driving
or operating a motor vehicle while under the influence of intoxi-
cating liquor, the court may admit evidence of the amount of al-
cohol in the person's blood taken voluntarily within two hours of
the time of the arrest as shown by a medical or chemical analy-
sis of his breath, blood, urine or saliva. For the purposes of this
section (a) evidence that there was at the time 0.05 per cent or
less by weight of alcohol in the person's blood is prima facie evi-
dence that such person was not under the influence of intoxicat-
ing liquor; (b) evidence that there was at the time more than
0.05 per cent and less than 0.15 per cent by weight of alcohol
in the person's blood is relevant evidence but it is not to be given
prima facie effect in indicating whether or not the person was
under the influence of intoxicating liquor; (c) evidence that there
was at the time 0.15 per cent or more by weight of alcohol in the
person's blood may be admitted as prima facie evidence that the
person was under the influence of intoxicating liquor.
The foregoing provisions shall not be construed as limiting the
introduction of any other competent evidence bearing upon the
question whether or not such person was under the influence of
intoxicating liquor. (169.12)
(3) Every person who is convicted of a violation of this
section shall be punished by imprisonment for not less than ten,
nor more than 90, days or by a fine of not less than $10, nor
more than $100. On a second or subsequent conviction he shall
be punished by imprisonment for not less than 30, nor more than
&0, days or by a fine of not less than $25, nor more than $109,
and his license to drive shall be revoked for not less than 90 days.
(169.12)
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REGULATION OF TRAFFIC
17.26. Reckless driving —punishment. (169.12)—(a) Any person
who drives any vehicle in such a manner as to indicate either a
wilful or a wanton disregard for the safety of persons or property
is guilty of reckless driving and such reckless driving is a mis-
demeanor.
(b) Every person convicted of reckless driving shall be pun-
ished upon a first conviction by imprisonment for a period of not
less than ten days, or by a fine of not less than $10.00, and on a
second or subsequent conviction shall be punished by imprison-
ment for not less than 30 days, or by a fine of not less than $25.00.
(c) No person who shall operate or halt any vehicle upon
street or highway carelessly or heedlessly in disregard of the
rights or the safety of others or in a manner so as to endanger
or be likely to endanger any person or property. (169.12)
17.261. Liquor in automobiles.-1. No person shall drink or
consume intoxicating liquors or non -intoxicating malt liquors in
any motor vehicle when such vehicle is upon a public highway.
2. No person shall have in his possession on his person while
in a private motor vehicle upon a public highway, any bottle or
receptacle containing intoxicating liquor or non -intoxicating malt
liquor which has been opened, or the seal broken, or the contents
of which have been partially removed.
3. It shall be unlawful for the owner of any private motor
vehicle or the driver, if the owner b•e not then present in the motor
vehicle, to keep or allow to be kept in a motor vehicle when such
vehicle is upon the public highway any bottle or receptacle con-
taining intoxicating liquors or non -intoxicating malt liquors which
has been opened, or the seal broken, or the contents of which
have been partially removed except when such bottle or receptacle
shall be kept in the trunk of the motor vehicle when such vehicle
is equipped with a trunk, or kept in some other area of the vehicle
not normally occupied by the driver or passengers, if the motor
vehicle is not equipped with a trunk. A utility compartment or
glove compartment shall be deemed to be within the area occupied
by the driver and passengers.
4. Whoever violates the above is guilty of a misdemeanor.
(169.122)
ART. VI —SPEED RESTRICTIONS
17.27. Speed regulations. — No person shall drive a ve-
hicle on a highway at a speed greater than is reasonable and
prudent under the conditions and having regard to the actual and
potential hazards then existing. In every event speed shall be so
restricted as may be necessary to avoid colliding with any per-
son, vehicle or other conveyance on or entering the highway
in compliance with legal requirements and the duty of all per-
sons to use due care.
Where no special hazard exists the following speeds shall
be lawful, but any speeds in excess of such limits shall be prima
facie evidence that the speed is not responsible or prudent and
that it is unlawful; except that the speed limit within any muni-
cipality shall be an absolute speed limit and any speed in excess
thereof shall be unlawful:
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REGULATION OF TRAFFIC
(1) 30 miles per hour in any municipality;
(2) 60 miles per hour in other locations during the daytime;
(3) 50 miles per hour in such other locations during the night-
time.
"Daytime" means from a half hour before sunrise to a half
hour after sunset except at any time when due to weather or
other conditions there is not sufficient light to render clearly
discernible persons and vehicles at a distance of 500 feet.
"Nighttime" means at any other hour or at any time when due
to weather or other conditions there is not sufficient light to
render clearly discernible persons and vehicles at a distance
of 500 feet.
(3) The driver of every vehicle shall, consistent with the re-
quirements drive at an appropriate reduced speed when approach-
ing and crossing an intersection or railway grade crossing, when
approaching and going around a curve, when approaching a hill
crest, when traveling upon any narrow or winding roadway, and
when special hazard exists with respect to pedestrians or other
traffic or by reason of weather or highway conditions.
(4) When the commissioner determines upon the basis of an
engineering and traffic investigation that any speed set forth in
this section is greater or less than is reasonable or safe under
the conditions found to exist on any trunk highway or upon any
part thereof, he may erect appropriate signs designating a reas-
onable and safe speed limit thereat, which speed limit shall be
effective when such signs are erected. Any speeds in excess of
such limits shall be prima facie evidence that the speed is not
reasonable or prudent and that it is unlawful; except that any
speed limit within any municipality shall be an absolute speed
limit and any speed in excess thereto shall be unlawful. Whenever
the commissioner determines upon that basis that a part of the
trunk highway system outside a municipality should be a z..ne of
absolute speed limit he may establish that part as such a zone
by erecting appropriate signs showing the beginning and end of
the zone, designating a reasonable and safe speed therefor, which
may be different than the speed set forth in this section, and that
it is a zone of absolute speed limit. The speed so designated by him
within any such zone shall be an absolute speed limit, and speed
in excess of such limit shall be unlawful. He may in the same man-
ner from time to time alter the boundary of such a zone and the
speed limit therein or eliminate such zone.
(5) Whenever local authorities believe that the existing speed
limit upon any street or highway or part thereof not a part of the
trunk highway system is greater or less than is reasonable or safe
under the conditions existing they may request the commissioner
of highways to authorize, upon the basis of an engineering and
traffic investigation, the erection of appropriate sign designating
what speed is reasonable and safe, and the commissioner may
authorize the erection of appropriate signs designating a reason-
able and safe speed limit thereat which speed limit shall be ef-
fective when such signs giving notice thereof are erected. Any
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REGULATION OF TRAFFIC
speeds in excess of such limits shall be prima facie evidence that
the speed is not reasonable or prudent and that it is unlawful;
except that any speed limit within any municipality shall be an
absolute speed limit and any speed in excess thereof shall be un-
lawful. Alteration of speed limits on streets and highways shall
be made only upon authority of the commissioner.
(6) In every charge of violation of any speed regulation in
this act the complaint, also the summons or notice to appear, shall
specify the speed at which the defendant is alleged to have driven,
also the speed limit applicable within the district or at the loca-
tion.
(7) The provisions of this act declaring speed limitation shall
not be construed to relieve the plaintiff in any civil action from
the burden of proving negligence on the part of the defendant as
the proximate cause of an accident. (169.14)
17.28. Slow speed. —No person shall drive a motor vehicle
at such slow speed as to impede or block the normal and
reasonable movement of traffic except when reduced speed is nec-
essary for safe operation or in compliance with law. (169.15)
Police officers are hereby authorized to enforce this provision
by directions to drivers, and in the event of apparent willful diso-
bedience to this provision and refusal to comply with direction of
an officer in accordance herewith the continued slow operation by
a driver shall be a misdemeanor.
17.29. Speed over bridges. — (a) No person shall drive
a vehicle over any bridge or other elevated structure constituting a
part of a highway at a speed which is greater than the maximum
speed which can be maintained with safety to such bridge or
structure, when such structure is sign -posted as provided in this
section.
(b) The commissioner upon request from any local authority
shall, or upon his own initiative may, conduct an investigation of
any bridge or other elevated structure constituting a part of a high-
way, and if he shall thereupon find that such structure cannot with
safety to itself withstand vehicles traveling at the speed otherwise
permissible under this act, the commissioner shall determine and
declare the maximum speed of vehicles which such structure can
withstand, and shall cause or permit suitable signs stating such
maximum speed to be erected and maintained at a distance of 100
feet before each end of such structure.
(c) Upon the trial of any person charged with a violation of
this section, proof of said determination of the maximum speed by
said commissioner and the existence of said signs shall constitute
conclusive evidence of the maximum speed which can be maintain-
ed with safety to such bridge structure. (169.16)
17.30. Exceptions. — The speed limitations set forth in
this article shall not apply to authorized emergency vehicles when
responding to emergency calls providing the drivers thereof sound
audible signal by siren, and one lighted red light is displayed to
248
REGULATION OF TRAFFIC
the front. This provision shall not relieve the driver of an auth-
orized emergency vehicle from the duty to drive with due regard
for the safety of all persons using the streets, nor shall it protect
the driver of any such vehicle from the consequence of reckless
disregard of the safety of others. (169.17)
ART. VII.—DRIVING} ON RIGHT SIDE OF ROADWAY —
OVERTAKING AND PASSING, ETC.
17..31. Drivers shall keep to right. — Upon all roadways
of sufficient width a vehicle shall be driven upon the right half of
the roadway, except as follows:
1. When overtaking and passing another vehicle proceeding
in the same direction under the rules governing such movement;
2. When the right half of a roadway is closed to traffic while
under construction or repair;
3. Upon a roadway divided into three marked lanes for traffic
under the rules applicable thereon; or
4. Upon a roadway designated and sign -posted for one-way
traffic as a one-way roadway. (169.18)
17.32. Keep to right when meeting. — Drivers of vehicles
proceeding in opposite directions shall pass each other to the
right and upon roadways having width for not more than one
line of traffic in each direction each driver shall give to the other
at least one-half of the main traveled portion of the roadway as
nearly as possible. (169.18)
17.33. Overtaking another vehicle. — The following rules
shall govern the overtaking and passing of vehicles proceeding
in the same direction, subject to those limitations, exceptions,
and special rules hereinafter stated:
(a) The driver of a vehicle overtaking another vehicle pro-
ceeding in the same direction shall pass to the left thereof at a safe
distance and shall not again drive to the right side of the roadway
until safely clear of the overtaken vehicle.
(b) Except when overtaking and passing on the right is per-
mitted, the driver of an overtaken vehicle shall give way to the
right in favor of the overtaking vehicle on audible warning and
shall not increase the speed of his vehicle until completely passed
by the overtaking vehicle. (169.18)
17.34. When one may pass on the right. — The driver
of a vehicle may overtake and pass upon the right of another
vehicle only upon the following conditions:
(a) When the vehicle overtaken is making or about to make
a left turn;
(b) Upon a street or highway with unobstructed pavement
not occupied by parked vehicles or sufficient width for two or
more lines of moving vehicles in each direction;
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REGULATION OF TRAFFIC
(c) Upon a one-way street, or upon any roadway on which
traffic is restricted to one direction of movement, where the road-
way is free irom obstructions and of sufficient width for two or
more lines of moving vehicles;
(d) The driver of a vehicle may overtake and pass another
vehicle upon the right only under conditions permitting such move-
ment in safety. In no event shall such movement be made by
driving off the pavement or main -traveled portion of the roadway.
(169.18)
17.35. Pass to left only when road is visible. — (a) No
vehicle shall be driven to the left side of the center of the
roadway in overtaking and passing another vehicle proceeding
in the same direction unless such left side is clearly visible and
is free of on -coming traffic for a sufficient distance ahead to per-
mit such overtaking and passing to be completely made without
interfering with the safe operation of any vehicle approaching
from the opposite direction or any vehicle overtaken. In every
event the overtaking vehicle must return to the right hand side
of the roadway before coming within 100 feet of any vehicle ap-
proaching from the opposite direction.
(b) Except on a one-way roadway, no vehicle shall, in over
taking and passing another vehicle or at any other time, be driven
to the left half of the roadway under the following conditions:
1. When approaching the crest of a grade or upon a curve in
the highway where the driver's view along the highway is ob-
structed within a distance of 700 feet;
2. When approaching within 100 feet of any under -pass or
tunnel or when approaching within 100 feet of or traversing any
intersection or railroad grade crossing;
3. Where official signs are in place prohibiting passing, or a
distinctive center line is marked, which distinctive line also so
prohibits passing as declared in the manual of traffic control de-
vices adopted by the commissioner. (169.18)
17.36. One-way Traffic. —(a) Upon a roadway designated and
sign -posted for one-way traffic as a one-way roadway, a vehicle
shall be driven only in the direction designated.
(b) A vehicle passing around a rotary traffic island shall be
driven only to the right of such island. (169.18)
17.37. Three -lane traffic. —Whenever any roadway has been
divided into two or more clearly marked lanes for traffic the
following rules in addition to all others consistent herewith shall
apply:
(a) A vehicle shall be driven as nearly as practical entirely
within a single lane and shall not be moved from such lane until
the driver has first ascertained that such movement can be made
with safety.
(b) Upon a roadway which is not a one-way roadway and
which is divided into three lanes, a vehicle shall not be driven in
the center lane except when overtaking and passing another vehicle
250
REGULATION OF TRAFFIC
where the roadway is clearly visible and such center lane is clear
of traffic within a safe distance, or in preparation for a left turn or
where such center lane is at the time allocated exclusively to traf-
fic moving in the direction the vehicle is proceeding and is sign -
posted to give notice of such allocation. The left lane of a three
lane roadway, which is not a one-way roadway, shall not be used
for overtaking and passing another vehicle.
(c). Official signs may be erected directing slow -moving traf-
fic to use a designated lane or allocating specific lanes to traffic
moving in the same direction. The drivers of vehicles shall obey
the directions of every such sign. (169.18)
17.38. Distance between vehicles. —(a) The driver of a mo-
tor vehicle shall not follow another vehicle more closely than is
reasonable and prudent, having due regard for the speed of such
vehicles and the traffic upon and the conditions of the highway.
(b) The driver of any motor vehicle drawing another vehicle,
or the driver of any motor truck, when traveling upon a roadway
outside of a business or residence district shall not follow within
500 feet of another vehicle. The provisions of this clause shall not
be construed to prevent overtaking and passing nor shall the same
apply upon any lane specially designated for use by motor trucks.
17.381. Intervening space dividing roadway. —Whenever any
highway has been divided into two roadways by leaving an inter-
vening space or by a physical barrier or clearly indicated dividing
section so constructed as to impede vehicular traffic, or by a
double center line, every vehicle shall be driven only upon the
right-hand roadway and no vehicle shall be driven over, across,
or within any such dividing space, barrier section, or double center
line, except through an opening in such physical barrier or divid-
ing section or space or at a crossover or intersection established
by public authority. (169.18)
ART. VIII.—TURNING AND STARTING AND SIGNALS
ON STOPPING AND TURNING
17.39. Drivers signals —Starting, stopping, etc. —The driver of
a vehicle intending to turn at an intersection shall do so as follows:
(1) Both the approach for a right turn and a right turn shall
be made as close as practical to the right-hand curb or edge of the
roadway.
(2) Approach for a left turn on other than one-way roadways
shall be made in that portion of the right half of the roadway near-
est the center line thereof and after entering the intersection the
left turn shall be made so as to leave the intersection to the right
of the center line of the roadway being entered.
(3) Approach for a left turn from a two-way roadway into a
one-way roadway shall be made in that portion of the right half of
the roadway nearest the center line thereof and by passing to the
right of the center line of the roadway being entered upon leaving
251
REGULATION OF TRAFFIC
the intersection. Where both streets or roadways are one way, both
the approach for a left turn and a left turn shall be made as close
as practicable to the left-hand curb or edge of the roadway.
(f) Local authorities in their respective jurisdictions may
cause markers, buttons, or signs to be placed within or adjacent to
intersections and thereby require and direct that a different course
from that specified in this section be traveled by vehicles turning
at an intersection, and when markers, buttons, or signs are so
placed no driver of a vehicle shall turn a vehicle at an intersection
other than as directed and required by such markers, buttons, or
signs. (169.19)
17.40. Turning on highway. — No vehicle shall be turned
so as to proceed in the opposite direction upon any curve, or
upon the approach to, or near the crest of a grade, where such
vehicle cannot be seen by the driver of any other vehicle approach-
ing from either direction with 1,000 feet. (169.19)
17.41. Starting parked vehicle. —No person shall start a vehicle
which is stopped, standing, or parked unless and until such move-
ment can be made with reasonable safety. (169.19)
17.42. Give warning of turning —proper signals. —(a) No per-
son shall turn a vehicle at an intersection unless the vehicle is in
proper position upon the roadway as required in this section, or
turn a vehicle to enter a private road or driveway or otherwise
turn a vehicle from a direct course or move right or Left upon a
highway unless and until the movement can be made with reason-
able safety, and then only after giving a clearly audible warning
by sounding the horn if any pedestrian may be affected by the
movement or after giving an appropriate signal in the manner
hereinafter provided in the event any other vehicle may be af-
fected by the movement.
(b) A signal of intention to turn right or left shall be given
continuously during not less than the last 100 feet traveled by the
vehicle before turning.
(c) No person shall stop or suddenly decrease the speed of a
vehicle without first giving an appropriate signal in the manner
provided herein to the driver of any vehicle immediately to the
rear unless there is a good and sufficient reason for not being able
to do so. (169.19)
17.43. Signal devices. —The signals herein required shall be
given either by means of the hand and arm or by a signal lamp or
signal device of a type approved by the commissioner, but when a
vehicle is so constructed or loaded that a hand and arm signal
would not be visible in normal sunlight and at night both to the
front and rear of such vehicle then said signals must be given by
such a lamp or device. (169.19)
17.44. Signal by hand and arm. —When the signal is given by
means of the hand and arm the driver shall indicate his intention
252
REGULATION OF TRAFFIC•
to start, stop, or turn by extending the hand and arm from and
beyond the left side of the vehicle in the following manner and
these signals shall indicate as follows:
1. Left turn. —Hand and arm extended horizontally.
2. Right turn. —Hand and arm extended upward.
3. Stop or decrease speed —Hand and arm extended down-
ward. (169.19)
ART. IX. —RIGHT-OF-WAY
17.45. When to yield right-of-way. — When two vehicles en-
ter an uncontrolled intersection from different highways at ap-
proximately the same time the driver of the vehicle on the left
shall yield the right of way to the vehicle on the right.
The driver of any vehicle traveling at an unlawful speed shall
forfeit any right of way which he might otherwise have hereunder.
The foregoing rules are modified at through highways, and
otherwise as hereinafter stated in this section. (169.20)
17.46. Within an intersection. —The driver of a vehicle within
an intersection intending to turn to the left shall yield the right-
of-way to any vehicle approaching from the opposite direction
which is within the intersection or so close thereto as to constitute
an immediate hazard, but said driver, having so yielded and hav-
ing given a signal when and as required by this act, may make
such left turn and the driver of all other venicles approaching the
intersection from said opposite direction shall yield the right-of-
way to the vehicle making the left turn. (169.20)
17.47. Stop at thru highway. —(a) The driver of a vehicle
shall stop as required by this act at the entrance to a thru high-
way and shall yield the right-of-way to other vehicles which have
entered the intersection from said thru highway or which are ap-
proaching so closely on said thru highway as to constitute an im-
mediate hazard, but said driver having so yielded may proceed and
the drivers of all other vehicles approaching the intersection on
said thru highway shall yield the right-of-way to the vehicles so
proceeding into or across the thru highway.
(b) The driver of a vehicle shall likewise stop in obedience to
a stop sign as required herein at an intersection where a stop sign
is erected at one or more entrances thereto altho not a part of a
thru highway and shall proceed cautiously, yielding to vehicles not
so obliged to stop which are within the intersection or approach-
ing so closely as to constitute an immediate hazard, but may then
proceed. (169.20)
17.48. Entering from private road. —The driver of a vehicle
entering or crossing a highway from a private road or driveway
shall yield the right-of-way to all vehicles approaching on said
highway. (169.20)
17.49. Yielding right-of-way to emergency vehicle. — (a)
Upon the immediate approach of an authorized emergency ve-
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REGULATION OF TRAFFIC
hicle equipped with at least one lighted lamp exhibiting red
light visible under normal atmosphereic conditions from a dis-
tance of 500 feet to the front of such vehicle and when the driver
is giving audible signal by siren, the driver of every other motor
vehicle shall yield the right-of-way and shall immediately drive
to a position parallel to, and as close as possible to, the righthand
edge or curb of the highway clear of any intersection and shall
stop and remain in such position until the authorized emergency
vehicle has passed, except when otherwise directed by a police
officer.
(b) Upon the approach of an authorized emergency vehicle
the motorman of each street car and the operator of each trackless
trolley car shall immediately stop such car clear of any intersection
and keep it in this position and keep the doors and gates of the
street car or trackless trolley car closed until the authorized
emergency vehicle has passed, except when otherwise directed by
a police officer.
(c) This section shall not operate to relieve the driver of an
authorized emergency vehicle from the duty to drive with due re-
gard for the safety of all persons using the highways.
17.50. Funeral procession. —Whenever any funeral procession
identifies itself by using regular lights on all cars and by keep-
ing all cars in close formation, the driver of every other vehicle,
except an emergency vehicle, shall yield the right-of-way. (169.20)
17.501- Yield right-of-way signs. —The driver of a vehicle
approaching a YIELD RIGHT OF WAY sign shall slow to
a speed that is reasonable for condition of traffic and visibility,
and stop if necessary, and yield the right of way to all vehicles
on the intersecting street or highway which are so close as to
constitute an immediate hazard. (169.201.) App. 4-20-55.
ART. X.—PEDESTRIANS' RIGHTS AND DUTIES
17.51. Duties of pedestrians. —Pedestrians shall be subject to
traffic -control signals at intersections as heretofore declared in
this act, but at all other places pedestrians shall to be accorded
the privileges and shall be subject to the restrictions stated in this
article. (169.21)
17.52. (169.21) Pedestrians crossing roadway. — Where traf-
fic -control signals are not in place or in operation the driver of
a vehicle shall yield the right of way, slowing down or stopping
if need be to so yield, to a pedestrian crossing the roadway with-
in a crosswalk when the pedestrian is upon the half of the road-
way upon which the vehicle is traveling, or when the pedestrian
is approaching so closely from the opposite half of the road-
way as to be in danger, but no pedestrian shall suddenly leave
a curb or other place of safety and walk or run into the path
of a vehicle which is close that it is impossible for the driver to
yield. This provision shall not apply under the conditions as other-
wise provided in this subdivision.
(b) Whenever any vehicle is stopped at a marked crosswalk
or at any unmarked crosswalk at an intersection to permit a pedes-
254
REGULATION OF TRAFFIC
trian to cross the roadway, the driver of any other vehicle ap-
proaching from the rear shall not overtake and pass such stopped
vehicle.
(c) It shall be unlawful for any person to drive a motor
vehicle through a column of school children crossing a street
or highway or past a member of a school safety patrol while such
member of a school safety patrol is directing the movement of
children across a street or highway and while said school safety
patrol member is holding his official signal in the stop position.
17.53. Pedestrian to yield right -of -way. —(a) Every pedestrian
crossing a roadway at any point other than within a marked
crosswalk or within an unmarked crosswalk at an intersection
shall yield the right-of-way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a
pedestrian tunnel or overhead pedestrian crossing has been provid-
ed shall yield the right-of-way to all vehicles upon the roadway.
(c) Between adjacent intersections at which traffic -control
signals are in operation pedestrians shall not cross at any place ex-
cept in a marked crosswalk.
(d) Notwithstanding the provisions of this section every driv-
er of a vehicle shall exercise due care to avoid colliding with any
pedestrian upon any roadway and shall give warning by sounding
the horn when necessary and shall exercise proper precaution upon
observing any child or any confused or incapacitated person upon
a roadway. (169.21)
17.54. Pedestrian must move. —Pedestrians shall move, when-
ever practicable, upon the right half of crosswalks.
17.55. Soliciting ride. —No person shall stand in a roadway
for the purpose of soliciting a ride from the driver of any private
vehicle.
17.56. Walk near left side of roadway. —Pedestrians when walk-
ing along a roadway shall walk near the left side of the roadway,
giving way to oncoming traffic. Where sidewalks are provided and
usable it shall be unlawful for any pedestrian to walk along and
upon an adjacent roadway. (169.21-22)
17.561. Miscellaneous vehicle regulations.—Subd. 1. Every
person riding a bicycle upon a roadway shall be granted all of the
rights and shall be subject to all of the duties applicable to the
driver of a vehicle by this chapter, except as to special regulations
in this chapter and except as to those provisions of this chapter
which by their nature can have no application.
Subd. 2. (a) A person propelling a bicycle shall not ride other
than upon or astride a permanent and regular seat attached thereto.
(b) No bicycle shall be used to carry more persons at one
time than the number for which it is designed and equipped.
Subd. 3. No person riding upon any bicycle, coaster, roller
skates, sled, or toy vehicle shall attach the same or himself to
any street car or vehicle upon a roadway.
255
REGULATION OF TRAFFIC
Subd. 4. (a) Every person operating a bicycle upon a roadway
shall ride as near to the right side of the roadway as practicable,
exercising due care when passing a standing vehicle or one pro-
ceeding in the same direction.
(b) Persons riding bicycles upon a roadway shall not ride
more than two abreast except on paths or parts of roadways set
aside for the exclusive use of bicycles.
(c) Whenever a usable path for bicycles has been provided
adjacent to a roadway, bicycle riders shall use such path and shall
not use the roadway.
(d) No person shall ride a bicycle upon a sidewalk within a
business district.
Whenever any person is riding a dicycle upon a sidewalk, such
person shall yield the right of way to any pedestrian and shall
give audible signal before overtaking and passing such pedestrian.
Subd. 5. No person operating s bicycle shall carry any pack-
age, bundle or article which prevents the driver from keeping at
least one hand upon the handle bars.
Subd. 6. (a) Every bicycle when in use at night time shall be
equipped with a lamp on the front which shall emit a white light
visible from a distance of at least 500 feet to the front and with a
red reflector on the rear of a type approved by the department
which is visible from all distances from 50 feet to 300 feet to
the rear when directly in front of lawful upper beams of head
lamps on a motor vehicle. A lamp emitting a red light visible
from a distance of 500 feet to the rear may be used in addition to
the red reflector.
(b) Every bicycle shall be equipped with a brake which will
enable the operator to make the braked wheels skid on dry- level,
clean pavement. (169.221)
ART. XL —STREET CARS AND SAFETY ZONES
17.57. When to pass on left of street car. —(a) The driver of
a vehicle shall not overtake and pass upon the left nor drive upon
the left side of any street car proceeding in the same direction,
whether such street car is actually in motion or temporarily at rest
except:
1. When so directed by a police officer;
2. When upon a one-way street; or
3. When upon a street where the tracks are so located as to
prevent compliance with this section.
(b) The driver of any vehicle when permitted to overtake and
pass upon the left of a street car which has stopped for the pur-
pose of receiving or discharging any passenger shall reduce spoed
and may proceed only upon exercising due caution for pedestrians
and shall accord pedestrians the right-of-way when required by
other sections of this act. (169.23)
17.58. Driver overtaking street car must stop. —The driver of
a vehicle overtaking upon the right any street car stopped or about
to stop for the purpose of receiving or discharging any passenger
shall stop such vehicle at least ten feet to the rear of the nearest
running board or door of such street car and thereupon remain
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REGULATION OF TRAFFIC
standing until all passengers have boarded such car or upon alight-
ing have reached a place of safety except that where a safety zone
has been established a vehicle need not be brought to a stop before
passing any such street car but may proceed past such car at a
speed not greater than is reasonable and proper and with due cau-
tion for the safety of pedestrians. Provided the pedestrian going
to and from a street car shall have the right-of-way over all vehi-
cles and motor vehicles. (169.24)
17.59. Safety zone. —No vehicle shall at any time be driven
through a safety zone. (169.25)
ART. XII.—SPECIAL STOPS REQUIRED
17.60. Stops at railroad crossings. —(a) Whenever any person
driving a vehicle approaches a railroad grade crossing and a clear-
ly visible electric or mechanical signal device gives warning of the
immediate approach of a train, the driver of such vehicle shall stop
not less than ten feet from the nearest track of such railroad and
shall not proceed until he can do so safely.
(b) The driver of a vehicle shall stop and remain standing
and not traverse such a grade crossing when a crossing gate is
lowered or when a human flagman gives or continues to give a sig-
nal of the approach or passage of a train. (169.26)
17.61. Designation of dangerous crossings. —The railroad and
warehouse commission is hereby authorized to designate particu-
larly dangerous highway grade crossings of railroads and to order
stop signs thereat. When such stop signs are erected the driver
of any vehicle shall stop within 50 feet but not less than ten feet
from the nearest track of such grade crossing and shall proceed
only upon evercising due care. (169.27)
17.62. Certain drivers must stop at railroad crossings. —(a)
The driver of any motor vehicle carrying passengers for hire, or of
any school bus carrying any school child, or of any vehicle carry-
ing explosive substances of flammable liquids as a cargo or part of
a cargo, before crossing at grade any track or tracks of a railroad
shall stop such vehicle not less than ten feet from the nearest rail
of such railroad and while so stopped shall listen and look in both
directions along such track for any approaching train and for sig-
nals indicating the approach of a train except as hereinafter pro-
vided, and shall not proceed until he can do so safely.
(b) No stop need be made at any such crossing where a police
officer or a traffic control signal directs traffic to proceed.
(c) This section shall not apply at street railway grade cross-
ings within a business or residence district. (169.28)
17.63. Tractors, steam shovels, etc., crossing railroad. —(a)
No person shall operate or move any caterpillar tractor, steam
shovel, derrick, roller, or any equipment or structure having a
normal operating speed of six or less miles per hour or a vertical
body or load clearance of less than nine inches above the level
surface of a roadway upon or across any tracks at a railroad grade
crossing without first complying with this section.
(b) Before making any such crossing the person operating or
257
REGULATION OF TRAFFIC
moving any such vehicle or equipment shall first stop the same
not less than ten feet nor more than 50 feet from the nearest rail
of such railway and while so stopped shall listen and look in both
directions along such track for any approaching train and for sig-
nals indicating the approach of a train, and shall not proceed until
the crossing can be made safely.
(c) No such crossing shall be made when warning is given by
automatic signal or crossing gates or a flag -man or otherwise of
the immediate approach of a railroad train or car.
17.64. Designation of thru highways — (a) the commis-
sioner with reference to state trunk highways, and local au-
thorities with reference to other highways under their jurisdic-
tion may designate thru highways by erecting stop signs at
entrances thereto or may designate any intersection as a stop
(intersection by erecting like signs at one or more entrances
to such intersection; provided, that local authorities, with the
consent of the commissioner, may lesignate through highway
and/or stop intersections on state trunk highways.
(b) Every driver of a vehicle and every motorman of a street
car shall stop at such sign or at a clearly marked stop line before
entering an intersection except when directed to proceed by a
police officer or traffic control signal. (169.30)
17.65. Emerging from an alley. —The driver of a vehicle with-
in a business or residence district emerging from an alley, drive-
way or building shall stop such vehicle immediately prior to driving
onto a sidewalk or into the sidewalk area extending across any
alleyway or private driveway. (169.31)
ART. XIII.—,STOPPING, STANDING, AND PARKING
17.66. Parking upon highways. —(a) Upon any highway outside
of a business or residence district no person shall stop, park,
or leave standing any vehicle. whether attended or unattended,
upon the paved or improved or main traveled part of the highway
when it is practical to stop, park, or so leave such vehicle off such
part of said highway, but in every event a clear and unobstructed
width of at least 20 feet of such part of the highway opposite such
standing vehicle shall be left for the free passage of other vehicles
and a clear view of such stopped vehicle be available from a dis-
tance of 200 feet in each direction upon such highway.
(b) This section shall not apply to the driver of any vehicle
which is disabled while on the paved or improved or main traveled
portion of a highway in such a manner and to such extent that it
is impossible to avoid stopping and temporarily leaving such dis-
abled vehicle in such position. (169.32)
17.67. Must move vehicle when ordered. — (a) Whenever
any police officer finds a vehicle standing upon a highway in
violation of any of the foregoing provisions of this article such
of.icer is hereby authorized to move such vehicle, or require the
driver or other person in charge of the vehicle to move the same,
to a position off the paved or improved or main traveled part
of such highway.
(b) Whenever any police officer finds a vehicle unattended
258
REGULATION OF TRAFFIC
upon any street or highway, or upon any bridge or causeway or in
any tunnel where such vehicle constitutes an obstruction to traffic,
such officer is hereby authorized to provide for the removal of
such vehicle and remove the same to the nearest convenient garage
or other place of safety. (169.33)
17.68. —When and where unlawful parking is permitted. —
(a) No person shall stop, stand, or park a vehicle, except when
necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic control device,
in any of the following places:
1. On a sidewalk;
2. In front of a public or private driveway;
3. Within an intersection;
4. Within 10 feet of a fire hydrant;
5. On a crosswalk;
6. Within 20 feet of a crosswalk at an intersection;
7. Within 30 feet upon the approach to any flashing beacon,
stop sign, or traffic control signal located at the side of a roadway;
8. Between a safety zone and the adjacent curb or within 30
feet of points on the curb immediately opposite the ends of a safety
zone, unless a different length is indicated by signs or markings;
9. Within 50 feet of the nearest rail or a railroad crossing;
10. Within 20 feet of the driveway entrance to any fire sta-
tion and on the side of a street opposite the entrance to any fire
station within 75 feet of said entrance when properly sign -posted;
11. Alongside or opposite any street excavation or obstruction
when such stopping, standing, or parking would obstruct traffic;
12. On the roadway side of any vehicle stopped or parked at
the edge or curb of a street;
13. Upon any bridge or other elevated structure upon a high-
way or within a highway tunnel, except as otherwise provided by
ordinance;
14. At any place where official signs prohibit stopping.
(b) No person shall move a vehicle not owned by such person
into any prohibited area or away from a curb such distance as is
unlawful.
(c) No person shall, for camping purposes, leave or park a
house trailer on or within the limits of any highway or on any
highway right-of-way, except where signs are erected designating
the place as a camp site.
(d) No person shall stop or park a vehicle on a street or
highway when directed or ordered to proceed by any peace officer
invested by law with authority to direct, control or regulate traf-
fic. (169.34)
17.69. (169.35) Parallel parking. — Except where angle park-
ing is permitted by local ordinance every vehicle stopped or
parked upon a two-way roadway where there is an adjacent curb
shall be so stopped or parked with the right-hand wheels of
such vehicle parralel with and within 12 inches of the right-hand
curb, provided that such exception shall only apply to a state
trunk highway after approval by the commissioner. Upon streets
259
REGULATION OF TRAFFIC
and highways not having a curb each vehicle stopped or parked
shall be so stopped or parked parallel with and to the right of
the paved or improved or main traveled part of such street or
highway.
17.691. Local ordinances. —Local authorities with respect to
streets and highways under their jurisdiction and with the consent
of the commissioner with respect to state trunk highways may by
ordinance permit parking of vehicles with the left hand wheels
adjacent to and within 12 inches of the left hand curb of a one-
way roadway.
ART. XIV.—MISCELLANEOUS RUL1+7S
17.70. Must set brakes. —No person driving or in charge of a
motor vehicle shall permit it to stand unattended without effective-
ly setting the brake thereon and turning the front wheels to the
curb or side of the highway.
17.71. Must not obstruct driver's view. —(a) No person shall
drive a vehicle when it is so loaded, or when there are in the front
seat such number of persons, exceeding three, as to obstruct the
view of the driver to the front or sides of the vehicle or as to inter-
fere with the driver's control over the driving mechanism of the
vehicle.
(b) No passenger in a vehicle or street car shall ride in such
position as to interfere with the driver's or motorman's view ahead
or to the sides, or to interfere with his control over the driving
mechanism of the vehicle or street car. (169.37)
17.72. Driving through defiles or canyons. —The driver of a
motor vehicle traveling through defiles or canyons or on mountain
highways shall hold such motor vehicle under control and as near
the right hand edge of the highway as reasonably possible and,
upon approaching any curve where the view is obstructed within
a distance of 200 feet along the highway. shall give audible warning
with the horn of such motor vehicle. (169.38)
17.73. Coasting down grade. —(a) The driver of any motor
vehicle when traveling upon a down grade shall not coast with the
gears of such vehicle in neutral.
(b) The driver of a commercial motor vehicle when traveling
upon a down grade shall not coast with the clutch disengaged.
(169.39)
17.74. Following fire apparatus. —The driver of any vehicle
other than one on official business shall not follow any fire appar-
atus traveling in response to a fire alarm closer than 500 feet or
drive into or park such vehicle within the block where fire appara-
tus has stopped in answer to a fire alarm. (169.40)
17.75. Driving over fire hose. —No street car or vehicle shall
be driven over any unprotected hose of a fire department when
laid down on any street, private driveway, or street car track, to
be used at any fire or alarm of fire. without the consent of the fire
department official in command. (169.41)
17.76. Depositing glass, nails, etc., upon highway. — (a) No
260
REGULATION OF TRAFFIC
person shall throw or deposit upon any highway any glass bottle.
glass, nails, tacks, wire, cans, or any other substance likely to in-
jure any person, animal, or vehicle upon such highway or upon any
public or privately owned land adjacent thereto without the owner's
consent.
(b) Any person who drops, or permits to be dropped or
thrown, upon any highway any destructive or injurious material
shall immediately remove the same or cause it to be removed.
(c) Any person removing a wrecked or damaged vehicle from
a highway shall remove any glass or other injurious substance
dropped upon the highway from such vehicle. (169.42)
17.77. Gate or loading rack on truck. —No truck shall be op-
erated on any highway with gate, loading rack, or partition carried
in any manner on any part of the exterior of the truck unless the
top and bottom of such gate, loading rack or partition is securely
attached to the truck so as to prevent swinging or becoming
loose except that no such gate, loading rack or partition shall be
carried on the left side of the truck.
17.78. Hanging tail -gate. —No truck shall be driven or parked
on any highway with tail -gate or tail -board hanging down or pro-
jecting from the vehicle except while such vehicle is being loaded
or unloaded, and except when a load on the tail -board rendering
impossible the closing of the tail -board.
17.79. Meeting school bus. Subd. 1.—The driver of a vehicle
upon a highway outside of a business or residence district, upon
meeting or overtaking from either direction any school bus which
has stopped on the highway fdr the purpose of receiving or dis-
charging, any school child or children, shall stop the vehicle im-
mediately upon the extension of a stop signal arm by the school
bus driver and shall remain stopped until the school bus driver
retracts the stop signal arm, but may then proceed with due caution
for the safety of such children. Every school bus shall be equipped
with a stop signal arm which shall be used only when the school
bus is stopped on a highway for the purpose of receiving or dis-
charging any school child or children.
Subd. 2. Loading and unloading passengers; use of signals. —
The driver of a school bus shall not use or extend the stop signal
arm and flashing red signals in the built-up areas of cities, vil-
lages or boroughs where passengers are to be loaded or unloaded
from a curb or sidewalk or in special bus loading areas except
that the stop signal arm and flashing red signals shall be used on
streets which are not provided with curbs or sidewalks, or where
the width of the roadway is so restricted, obstructed or in such
condition that the school bus must stop on the travel lane or lanes
of the roadway.
Where school children must cross the road before boarding or
after being discharged from the bus, the driver of a school bus
or a school bus patrol may supervise such crossings making use
of the standard school patrol flag or signal as approved and pre-
scribed by the commissioner of highways.
Subd. 3. Sign on bus. —The section shall be applicable only
in the event the school bus shall bear upon the front and rear
thereof a plainly visible sign containing the word "school bus"
261
RDGULATION OF TRAFFIC
in letters not less than six inches in height, which can be remov-
ed or covered when the vehicle is not in use as a school bus.
Subd. 4. Divided roadways. —The driver of a vehicle upon a
highway with divided roadways need not stop upon meeting or
passing a school bus which is upon a different roadway. (169.44)
17.80. Color of school buses. —The State Board of Education
shall adopt and enforce regulations not inconsistent with this act
to govern the design, color and operation of all school buses used
for the transportation of school children when owned and operated
by any school district or privately owned and operated under con-
tract with any school district in this state and such regulations
shall by reference be made a part of any such contract with a
school district. Every school district, its officers and employees,
and every person employed under contract is subject to said regu-
lations. (169.45)
17.81. Sleds, bicycles, etc. —No person shall hitch a toboggan,
hand sled, bicycle or other similar device onto any motor vehicle,
street car or trackless trolley car while being used on a highway.
(169.46)
ART. XV.—DQUIPMENT
17.82. Vehicle in unsafe condition. —(a) It is a misde-
meanor for any person to drive or for the owner to cause or
knowingly permit to be driven on any highway any vehicle or
combination of vehicles which is in such unsafe condition as to
endanger any person, or which does not contain those parts or is
not at all times equipped with such lamps and other equipment in
proper condition and adjustment as required in this act, or which
is equipped in any manner in violation of this act, or for any per-
son to do any act forbidden or fail to perform any act required
under this article.
(b) The provisions of this article with respect to equipment
on vehicles shall not apply to implements of husbandry, road ma-
chinery, road rollers, or farm tractors except as herein made ap-
plicable. (169.47)
17.821. installation of television. —No television screen shall
be installed or used in any motor vehicle at any point forward
of the back of the driver's seat or which is visible to the driver
while operating the motor vehicle. Violation is a misdemeanor.
(169.471)
17.83. Display lights. —(a) Every vehicle upon a highway with-
in this state at any time from a half hour after sunset to a half
hour before sunrise and at any other time when there is not suf-
ficient light to render clearly discernible persons and vehicles on
the highway at a distance of 500 feet ahead shall display lighted
lamps and illuminating devices as hereinafter respectively required
for different classes of vehicles, subject to exceptions with respect
to parked vehicles as hereinafter stated.
(b) When requirement is hereinafter declared as to the
distance from which certain lamps and devices shall render objects
visible or within which such lamps or devices shall be visible, said
262
REGULATION OF TRAFFIC
provisions shall apply during the time stated in subdivision (a) of
this section upon a straight level unlighted highway under normal
atmospheric conditions unless a different time or condition is ex-
pressly stated and unless otherwise specified the location of lamps
and devices shall refer to the centers of such lamps or devices.
(169.48)
17.84. Lights required. —(a) Every motor vehicle other than
a motorcycle shall be equipped with two head lamps, no more, no
less, one on each side of the front of the motor vehicle, which head
lamps shall comply with the requirements and limitations set forth
in sections 169.47 to 169.79.
(b) Every motorcycle shall be equipped with at least one and
not more than two head lamps which shall comply with the require-
ments and limitations of sections 169.47 to 169.79. (169.49)
17.85. Rear Tight. —(a) Every motor vehicle and every vehicle
which is being drawn at the end of a train of vehicles shall be
equipped with at least one tail lamp, exhibiting a red light plainly
visible from a distance of 500 feet to the rear. No person shall sell
or operate any new motor vehicle, trailer or semi -trailer unless the
rear lamp thereon is mounted and located on the rear within 20
inches from extreme left edge and not less than 24 inches nor
more than 60 inches from the surface upon which the vehicle
stands unless the use or construction of the vehicle would make
such location impracticable.
(b) Either such rear lamp or separate lamp shall be so con-
structed and placed as to illuminate with a white light the rear
registration plate and render it clearly legible from a distance 3f
50 feet to the rear. Any rear lamp or rear lamps, together with
any separate lamp for illuminating the rear registration plate,
shall be so wired as to be lighted whenever the head lamps or
auxiliary driving lamps are lighted.
(c) Each new motor vehicle, trailer, or semi -trailer hereafter
sold and every such vehicle hereafter operated on a highway
shall also carry at the rear, either as a part of the rear lamp
or separately, a reflector. Every such reflector shall be of a
type approved by the commissioner and shall be mounted as
close as is practicable to the extreme left edge of the vehicle at
a height not more than 60 inches nor less than 24 inches above
the surface upon which the vehicle stands. Every such reflector
shall be so designated and maintained as to be visible at night
from all distances within 300 feet to 50 feet from such vehicle,
except that on a commercial vehicle the reflector shall be visible
from all distances within 500 feet to 50 feet from such vehicle,
when directly in front of a motor vehicle displaying lawfully lighted
head lamps. (169.50)
17.86. Proper lights on vehicles for hire. —Within 60 days af-
ter the effective date of this act every motor vehicle or motor
drawn vehicle designed or used for the transportation of prop-
erty, or for the transportation of passengers for compensation, shall
display lighted lamps as required in this seciton.
1. Every such vehicle having a width including load thereon at
any part in excess of 80 inches shall be equipped with four clear-
ance lamps, two located on the front at opposite sides and not
more than 6 inches from the extreme outer edge of the vehicle or
263
REGULATION OF TRAFFIC
load, displaying a white or amber light visible from a distance of
500 feet to the front of the vehicle and two located on the rear on
opposite sides not more than 6 inches from the extreme outer edge
of the vehicle or load, displaying a red light visible from a distance
of 500 feet to the rear of the vehicle. The front clearance lamps
shall be located at a height of not less than 24 inches above the
head lamp centers. The rear clearance lamps shall be in addition
to the red rear lamp hereinbefore required.
2. Every such vehicle or combination of such vehicles which
exceeds 30 feet in overall length shall be equipped with at least
four side marker lamps, one on each side near the front and one
on each side near the rear. Such lamps shall be at a height of not
less than 24 inches above the surface upon which the vehicle stands.
Said lamps near the front shall display a white or amber light and
lamps near the rear shall display a red light, each visible from a
distance of 500 feet to the side of the vehicle on which it is located.
If the clearance lamps on the right and left sides of the vehicle as
hereinbefore required display lights visible from a distance of 500
feet at right angles to the right and left side respectively of the ve-
hicle, they shall be deemed to meet the requirements as to marker
lamps, provided an additional marker lamp, white or amber, is dis-
played approximately midway between the above specified marker
lamps. (169.51)
17.87. Loads extending over rear of vehicles. —Whenever the
load upon any vehicle extends to the rear four feet or more beyond
the bed or body of such vehicle there shall be displayed at the ex-
treme rear end of the load, at the times when lighted lamps on ve-
hicles are required in this act, a red light of lantern plainly visible
from a distance of at least 500 feet to the sides and rear. The light
or lantern required under this section shall be in addition to the
rear light required upon every vehicle. At any time when no lights
are required there shall be displayed at the extreme rear end of
such load, a red flag or cloth not less than 16 inches square.
(169.52)
17.88. Lights on parked vehicles. —Whenever a vehicle is
parked or stopped upon a highway or shoulder adjacent thereto,
during the times when lighted lamps on vehicles are required in
this act, such vehicle shall be equipped with one or more lamps
which shall exhibit a white light on the roadway side visible from
a distance of 500 feet to the front of such vehicle and a red light
visible from a distance of 500 feet to the rear, except that local
authorities may provide by ordinance that no lights need be dis-
played upon any such vehicle when stopped or parked in accord-
ance with local parking regulations upon a highway where there is
sufficient light to clearly reveal any person or object within a
distance of 500 feet upon such highway. Any lighted head lamps
upon a park vehicle shall be depressed or dimmed. (169.53)
17.90. Lights on all vehicles. —At the times when lighted lamps
on vehicles are required, each vehicle, including an animal -drawn
vehicle and any vehicle specifically excepted in Sections 169.47-
169.79 with respect to equipment and not heretofore specifically
required to be equipped with lamps, shall be equipped with one or
more lighted lamps or lanterns projecting a white light visible
from a distance of 500 feet to the front of the vehicle and with a
264
REGULATION OF TRAFFIC
lamp or lantern exhibiting a red light visible from a distance of
500 feet to the rear, except that reflectors meeting the maximum
requirements of this act may be used in lieu of the lights required
in this section. It shall be unlawful to project a white light to
the rear of any such vehicle while traveling on any street or
highway. (169.55)
17.91. Spot lights and auxiliary lights. —(a) Any motor ve-
hicle may be equipped with not to exceed two spot lamps and every
lighted spot lamp shall be so aimed and used upon approaching an-
other vehicle that no part of the high intensity portion of the beam
will be directed on the road surface to the left of the center of the
vehicle nor more than 100 feet ahead of the vehicle upon which
said lamps are mounted.
(b) Any motor vehicle may be equipped with not to exceed
four auxiliary driving lamps mounted on the front at a height of
not more than 42 inches nor less than 12 inches above the level
surface upon which the vehicle stands, and every such auxiliary
driving lamp or lamps shall meet the requirements and limitations
set forth in sections 169.47 to 169.79. (169.56)
17.92. Signal light or devices. —(a) Any vehicle may be equip-
ped and when required under this chapter shall be equipped with
a stop lamp on the rear which shall emit a red or yellow light and
which shall be actuated upon application of the service (foot)
brake and which may, but need not be, incorporated with a tail
lamp and which shall be plainly visible from a distance of 100 feet
to the rear during normal sunlight and at night.
(b) It shall be unlawful for any person to sell or offer for sale
any new motor vehicle in this state or for any person to drive such
motor vehicle on the highways of this state unless it is equipped
with a stop lamp meeting the requirements of this chapter.
Subd. 2. (a) Any vehicle may be equipped, and when required
under this chapter shall be equipped, with a lamp or lamps or
mechanical signal device of such color as may be approved by the
commissioner and capable of clearly indicating any intention to
turn either to the right or to the left and shall be visible and un-
derstandable during both daytime and nighttime from a distance
of 100 feet both to the front and rear.
(b) On or after July 1, 1949, it shall be unlawful for any person
to sell or offer for sale any new motor vehicle, excepting motor-
cycles, motor scooters, and bicycles with motor attached, unless it
is equipped with turn signals meeting the requirements of this
chapter.
Subd. 3. (a) When a vehicle is equipped with two lamps or sig-
nal lamps, such lamps shall at all times be maintained in good
working condition.
(b) No stop lamps or signal lamps shall project a glaring or
dazzling light.
(c) All mechancial signal devices shall be self -illuminated
when in use at the times when lighted lamps on vehicles are
required. (169.57)
17.93. Identification lights. —Any vehicle or combination of
vehicles having a width including load thereon at any part in
excess of 80 inches or which exceeds 30 feet in over-all length
265
REGULATION OF TRAFFIC
may be equipped with identification lamps on the front display-
ing three amber or white lights and identification lamps on the
rear, displaying three red lights, and when so equipped the
lights in each group shall be evenly spaced not less than six nor
more than 12 inches apart, along a horizontal line as near the top
of the vehicle as practicable and said lights shall be visible from a
distance of 500 feet to the front and rear respectively of the vehicle.
(169.58)
Lights on volunteer fire department. —Any motor vehicles
operated by an active member of a volunteer fire department
authorized by or contracting with any city, village, borough,
town, or township in this state and upon obtaining a permit
therefor from the commissioner of highways may be equipped
with a lamp emitting a red light to the front of such vehicle. The
lens of such lamp shall be not more than three inches in diameter.
Such lamp shall be lighted only when the member of the volunteer
fire department is responding to an emergency call in connection
with his duties as a volunteer fireman. The commissioner of high-
ways is hereby authorized to issue permits on applications of a
member of a volunteer fire department properly certified to by
the chief of said volunteer fire department, and it shall be the duty
of the chiefs of all volunteer fire departments to notify the com-
missioner immediately upon the termination of such membership.
(16'9.58)
17.94. Cowl, fender, courtesy, and back-up lights. —(a) Any
vehicle may be equipped with not more than two side cowl or fen-
der lamps, one on each side which shall emit a white light without
glare.
(b) Any vehicle may be equipped with not more than one
running board courtesy lamp on each side thereof which shall emit
a white or yellow light without glare.
(c) Any vehicle may be equipped with a back-up lamp either
separately or in combination with another lamp. except that no
such back-up lamp shall be continuously lighted when the vehicle
is in forward motion, nor shall it project a glaring light. (169.59)
17.95. Driving lamps — Requirements and limitations. —
Except as hereinafter provided, the head lamps, or the auxiliary
driving lamps, or combinations thereof, on motor vehicles shall
be so arranged that the driver may select at will between distri-
butions of light projected to different elevations, subject to the
following requirements and limitations:
(a) There shall be an uppermost distribution of light, or com-
posite beam, so aimed and of such intensity as to reveal persons
and vehicles at a distance of at least 350 feet ahead for all condi-
tions of loading.
(b) There shall be a lowermost distribution of light, or com-
posite beam, so aimed that when the vehicle is fully loaded none
of the high intensity portion of the beam shall project higher than
a level which is five inches below the level of the center of the
lamps from which it comes at a distance of 25 feet ahead.
(c) All road lighting beams shall be so aimed and of sufficient
intensity to reveal a person or vehicle at a distance of at least 100
feet ahead.
266
RFIGULATION OF' TRAFFIC
(d) All road lighting equipment manufactured and installed on
and after January 1, 1938, shall be so arranged that whenever any
beam is used which is not in conformity with paragraph (b) of this
section, means shall be provided for indicating to the driver when
such beams are used. (169.60)
17.96. Proper distribution of head light or beam. —When a
motor vehicle is being operated on a highway or shoulder ad-
jacent thereto during the times when lighted lamps on vehicles
are required in this act, the driver shall use a distribution of light,
or composite beam, directed high enough and of sufficient intensity
to reveal persons and vehicles at a safe distance in advance of the
vehicle, subject to the following requirements and limitations.
Whenever the driver of a vehicle approaches an oncoming
vehicle within 1000 feet, such driver shall use a distribution of
light, or composite beam, so aimed that the glaring rays are not
projected into the eyes of the oncoming driver, and in no case
shall the high intensity portion of the beam be aimed higher than
the level which is five inches below the level of the center of
the lamp from which it comes at a distance of 25 feet ahead, and
in no case higher than a level of 42 inches above the level upon
which the vehicle stands at a distance of 75 and more feet ahead,
except that a beam which is aimed higher than these levels to
the right of the prolongation of the extreme left side of the vehicle
may be used for meeting other vehicles on relatively straight
highways provided that no part of that portion of the beam which
rises higher than these levels is projected to the left of the center
of the highway except momentarily. When the driver of a vehicle
approaches another vehicle from the rear within 200 feet such
driver shall use a distribution of light, or composite beam so
aimed that the glaring rays are not projected through the rear
window and into the rearview mirror of the vehicle so being
approached. (169.61)
17.97. Lights on vehicles manufactured prior to January 1,
1938.—Head lamps arranged to provide a single distribution of
light not supplemented by auxiliary driving lamps shall be permit-
ted on motor vehicles manufactured and sold prior to January 1,
1938, in lieu of multiple -beam road lighting equipment herein speci-
fied if the single distribution of light complies with the following
requirements and limitations:
1. The head lamps shall be so aimed that when the vehicle is
fully loaded none of the high intensity portion of the lamp beam
rises above a horizontal plane passing thru the head lamp centers
parallel to the level surface upon which the vehicle stands, and in
no case higher than 42 inches above the level on which the vehicle
stands at a distance of 75 and more feet ahead.
2. The intensity shall be sufficient to reveal persons and vehi-
cles at a distance of at least 200 feet. (169.47, 169.62)
17.98. Two headlights required. — (a) At all times when
lighted lamps on vehicles are required in this act, at least two
lighted head lamps shall be displayed one on each side at the front
of every motor vehicle other than a motorcycle, provided that under
adverse weather conditions two lighted auxiliary lamps, one on
each side at the front of the vehicle may be used in lieu of two
267
REGULATION OF TRAFFIC
lighted head lamps, except when such vehicle is parked subject to
the regulations governing lights on parked vehicles.
(b) Whenever a motor vehicle equipped with head lamps as
herein required is also equipped with any auxiliary lamps, spot
lamps or any other lamps on the front thereof projecting a beam
of an intensity greater than 300 candle power, not more than a
total of four of any such lamps on the front of a vehicle shall be
lighted at any one time when upon a highway.
(c) The maximum beam candle power from any combination
of lamps used at any time for road lighting shall not exceed that
authorized by the commissioner. (169.63)
17.99. Other illuminating devices— Color required. —(a) Any
lighted lamp or illuminating device upon a motor vehicle other
than a head lamp, spot lamp or auxiliary driving lamp which pro-
jects a beam of light of an intensity greater than 300 candle power
shall be so directed that no part of the beam will strike the level
of the roadway on which the vehicle stands at a distance of more
than 75 feet from the vehicle.
(b) Unless otherwise authorized by the commissioner, no
vehicle shall be equipped, nor shall any person drive or move any
vehicle or equipment upon any highway with any lamp or device
displaying a red light or any colored light other than those re-
quired or permitted in this act.
(c) Flashing lights are prohibited on vehicles, except on an
authorized emergency vehicle or as a means for indicating a turn
on any vehicle or flashing blue lights as a means of identification
and a warning on road maintenance equipment or flashing red
signals on a school bus.
(d) A device displaying a flashing or intermittent red light
of a type approved by the commissioner of highways for that pur-
pose, and in accordance with section 169.64, may be used on a
wrecker while engaged in emergency service at the scene of an
accident. Such flashing red light shall not be displayed when travel-
ing upon the highway or at any time other than at the scene of an
accident.
Blue lights are prohibited on all vehicles except road main-
tenance equipment operated by or under contract to the state or a
politcial subdivision thereof. (169.64)
18.00. Amount, color and direction of light. —The commission•
er is hereby authorized and required to adopt and enforce stand-
ard specifications as to the amount, color and direction of light to
be emitted by lighting devices and as to the general construction
and mounting on the vehicle for compliance with the require•
ments and limitations of this act. (169.65)
18.01. Light must be approved by commissioner. —(a) No per-
son shall have for sale, sell or offer for sale for use upon or as
a part of the equipment of a vehicle, trailer or semi -trailer or use
upon any such vehicle any head lamp, auxiliary driving lamp, rear
lamp, signal lamp, spot lamp, clearance lamp, marker lamp or re-
flector, or parts of any of the foregoing, unless of a type which has
been submitted to the commissioner and approved by him.
(b) No person shall have for sale, sell or offer for sale for use
upon or as a part of the equipment of a vehicle, trailer or semi-
268
REGULATION OF TRAFFIC
trailer or bicycle any lamp or device mentioned in this section
which has been approved by the commissioner unless such lamp
or device bears thereon the trademark or name and model desig-
nation all permanently marked under which it is approved so as to
be legible when installed.
(c) No person shall use upon any vehicle, trailer or semi-
trailer or bicycle any lamps mentioned in this section unless said
lamps are equipped with bulbs of a type approved by the commis-
sioner having a rated candle power and are mounted and adjusted
as to focus and aim in accordance with instructions of the com-
missioner. (169.65)
18.02. Commissioner authorized to approve.-1. The commis•
sinner is hereby authorized to approve or disapprove lighting de-
vices.
2. The commissioner is hereby required to approve or disap-
prove any lighting device, of a type on which approval is specifi-
cally required in this act, within a reasonable time after such de-
vice has been submitted.
3. The commissioner is further authorized to set up the pro-
cedure which shall be followed when any device is submitted for
approval.
4. The commissioner is authorized to set and collect a rea-
sonable fee for the testing and approval of all types of devices upon
which approval is required in this act. Such fee may be sufficient
in amount to reimburse the department for all costs connected with
such test and approval.
5. The commissioner upon approving any such lamp or device
shall issue to the applicant a certificate of approval together with
any instructions determined by him.
6. The commissioner shall publish lists of all lamps and de-
vices by name and type which have been approved by him, to-
gether with instructions as to the permissible candle power rating
of the bulbs which he has determined for use therein and such oth-
er instructions as to adjustment as the commissioner may deem
necessary. No person shall sell for use or use on any vehicle any
reconverted lamp or any device redesigned for use other than for
which it was originally approved unless authorized by the com-
missioner. (169.65)
18.03. Commissioner to test and approve or disapprove de-
vices. —When the commissioner has reason to believe that an ap-
proved device as being sold commercially does not comply with the
requirements of this act, he may, after giving 30 days' previous
notice to the person holding the certificate of approval for such de-
vice in this state, conduct a hearing upon the question of compli-
ance of said approved device. After said hearing the commissioner
shall determine whether said approved device meets the require-
ments of this act. If said device does not meet the requirements
of this act he shall give notice to the person holding the certificate
of approval for such device in this state.
If at the expiration of 90 days after such notice the person
holding the certificate of approval for such device has failed to sat-
isfy the commissioner that said approved device as thereafter to be
sold meets the requirements of this act, the commissioner shall
269
REGULATION OF TRAFFIC
suspend or revoke the approval issued therefor until or unless such
device is re -submitted to and re -tested by an authorized testing
agency and is found to meet the requirements of this act, and may
require that all said devices sold since the notification following
the hearing be replaced with devices that do comply with the re-
quirements of this act. The commissioner may at the time of the
re -test purchase in the open market and submit to the testing
agency one or more sets of such approved devices, and if such de-
vice upon such re -test fails to meet the requirements of this act,
the commissioner may refuse to renew the certificate of approval
of such device. (169.64-169.66)
18.04. (169.67) Brakes. 1. Every motor vehicle, other than
a motorcycle, when operated upon a highway shall be equipped
with brakes adequate to control the movement of and to stop
and hold such vehicle, including two separate means of applying
the brakes, each of which means shall be effective to apply the
brakes to at least two wheels. If these two separate means of
applying the brakes are connected in any way, they shall be so
constructed that failure of any one part of the operating mechan-
ism shall not leave the motor vehicle without brakes on at least
two wheels.
2. Every motorcycle, and bicycle with motor attached, when
operated upon a highway shall be equipped with at least one brake,
which may be operated by hand or foot.
3. Every trailer, semi -trailer, or other vehicle of a gross
weight of 1,500 pounds or more, when drawn or pulled upon a
highway, shall be equipped with brakes adequate to control the
movement of and to stop and hold such vehicle, and so designed
as to be applied by the driver of a towing motor vehicle from
its cab, except (a) trailers owned by farmers when transporting
agricultural products produced on the owner's farm or supplies
back to the farm of the owner of the trailer, (b) custom service
vehicles drawn by motor vehicles equipped with brakes capable
of stopping both vehicles within the distance required by law
for vehicles with four-wheel brakes, (c) trailers or semi -trailers
when used by retail dealers delivering implements of husbandry,
(d) tank trailers not exceeding 8,500 pounds gross weight used
solely for transporting liquid fertilizer or gaseous fertilizer under
pressure when hauled by a truck capable of stopping with loaded
trailer attached in the distance specified by Subd. 5 for vehicles
equipped with four-wheel brakes, providing the gross weight of
such trailer or semi -trailer other than those described in clause
(d) when drawn by a pleasure vehicle shall not exceed 3,000
pounds, or when drawn by a truck or tractor shall not exceed
6,000 pounds, and except disabled vehicles towed to a place of
repair.
4. Every new motor vehicle, trailer, or semi -trailer hereafter
sold in this state and operated upon the highways shall be equipped
with service brakes upon all wheels of every such vehicle, except
that any motor -cycle, any semi -trailer of less than 1,000 pounds
gross weight, a third wheel, of a swivel type, on a house trailer, a
temporary auxiliary axle attached to a motor vehicle during the
period of road restriction for the purpose of relieving weight of an-
other axle, when the temporary auxiliary axle and the axle to be re-
lieved do not exceed the combined gross weight of 18,000 pounds.
270
REGULATION OF TRAFFIC
and the vehicle to which such temporary axle is attached meets the
brake requirements of this section, need not be equipped with
(169.67)
18.05. Service brakes. —The service brakes upon any motor
vehicle or combination of vehicles shall be adequate to stop such
vehicle or vehicles when traveling 20 miles per hour within a dis-
tance of 30 feet when upon dry asphalt or concrete pavement sur-
face free from loose material where the grade does not exceed one
per cent.
Under the above conditions the hand brake or parking brake
shall be adequate to stop such vehicle or vehicles within a dis-
tance of 55 feet and said hand brake or parking brake shall be
adequate to hold such vehicle or vehicles stationary on any grade
upon which operated.
Under the above conditions the service brakes upon a mo-
tor vehicle equipped with two -wheel brakes only, and when per-
mitted hereunder, shall be adequate to stop the vehicle within a
distance of 40 feet and the hand brake or parking brake adequate
to stop the vehicle within a distance of 55 feet.
All braking distances specified in this section shall apply
to all vehicles mentioned, whether such vehicles are not loaded or
are loaded to the maximum capacity permited under this act.
A11 brakes shall be maintained in good working order, and
shall be so adjusted as to operate as equally as practicable with re-
spect to the wheels on opposite sides of the vehicle.
18.06. Horn. —(a) Every motor vehicle when operated upon a
highway shall be equipped with a horn in good working order
and capable of emitting sound audible under normal conditions
from a distance of not less than 200 feet, but no horn or other
warning device shall emit an unreasonably loud or harsh sound or
a whistle. The driver of a motor vehicle shall when reasonably
necessary to insure safe operation give audible warning wish his
horn but shall not otherwise use such horn when upon a highway.
(b) No vehicle shall be equipped with nor shall any person
use upon a vehicle any siren, whistle, or bell, except as otherwise
permitted in this subdivision. It is permissible but not required
that any commercial vehicle be equipped with a theft alarm signal
device which is so arranged that it cannot be used by the driver as
an ordinary warning signal. All authorized emergency vehicles
shall be equipped with a siren capable of emiting sound audible
under normal conditions from a distance of not less than 500 feet
and of a type approved by the department, but such siren shall
not be used except when such vehicle is operated in response to
an emergency call or in the immediate pursuit of an actual or
suspected violator of the law, in which said latter events the driver
of such vehicle shall sound said siren when necessary to warn
pedestrians and other drivers of the approach thereof. (169.68)
18.07. Muffler. —Every motor vehicle shall at all times be
equipped with a muffler in good working order which blends the
exhaust noise into the overall vehicle noise and is in constant
operation to prevent excessive or unusual noise, and no person
shall use a muffler cut-out, by-pass, or similar device upon a
motor vehicle on a street or highway. The exhaust system shall
271
REGULATION OF TRAFFIC
not emit or produce a sharp popping or crackling sound. Every
motor vehicle shall at all times be equipped with such parts and
equipment so arranged and kept in such state of repair as to
prevent carbon monoxide gas from entering the interior of the
vehicle.
No person shall have for sale, sell or offer for sale or use on
any motor vehicle any muffler that fails to comply with the speci-
fications as required by the commissioner of highways. (169.69)
18.08. Mirror. —Every motor vehicle which is so constructed,
loaded or connected with another vehicle as to obstruct the driver's
view to the rear thereof from the driver's position shall be equip-
ped with a mirror so located as to reflect to the driver a view of
the highway for a distance of at least 200 feet to the rear of such
vehicle. (169.70)
18.09. (169.71) Windshield. — (a) No person shall drive or
operate any motor vehicle with a windshield cracked or discolored
to an extent to limit or obstruct proper vision or with any sign,
poster or other non -transparent material upon the front wind-
shield, sidewings, side or rear windows of such vehicle other than
a certificate or other paper required to be so displayed by law.
(b) The windshield on every motor vehicle shall be equipped
with a device for cleaning rain, snow or other moisture from the
windshield, which device shall be so constructed as to be con-
trolled or operated by the driver of the vehicle.
(c) No person shall drive any motor vehicle with the wind-
shield or front side windows covered with steam or frost to such
an extent as to prevent proper vision. (169.71)
18.10. Tires. —(a) Every solid rubber tire on a vehicle shall
have rubber on its entire traction surface at least one inch thick
above the edge of the flange of the entire periphery.
(b) No person shall operate or move on any highway any mo-
tor vehicle, trailer, or semi -trailer having any metal tire in contact
with the roadway, except in case of emergency.
(c) No tire on a vehicle moved on a highway shall have on its
periphery any block, stud, flange, cleat, or spike or any other pro-
tuberances of any material other than rubber which projects be-
yond the tread of the traction surface of the tire, except that it
shall be permissible to use farm machinery with tires having pro-
tuberances which will not injure the highway, and except also that
it shall be permissible to use tire chains of reasonable proportions
upon any vehicle when required for safety because of snow, ice, or
other conditions tending to cause a vehicle to skid.
(d) The commissioner and local authorities in their respec-
tive jurisdictions may, in their discretion, issue special permits au-
thorizing the operation upon a highway of traction engines or trac-
tors having movable tracks with transverse corrugations upon the
periphery of such movable tracks or farm tractors or other farm
machinery, the operation of which upon a highway would otherwise
be prohibited under this act. (169.72)
18.11. Bumpers. — All motor vehicles shall be equipped with
front and rear bumpers or with front bumpers and with rear re-
flectors, as herein provided, and all trailers and semi -trailers
272
REGULATION OF TRAFFIC
weighing more than 1,500 pounds shall be equipped with rear
bumpers or with rear reflectors, as herein provided. Such bump-
ers shall be securely attached to the frame thereof, and shall ex-
tend beyond the extreme front and rear points, respectively, of
such vehicles. The center point of such bumpers shall be not
more than 20, nor less than 14, inches from the ground when
the vehicle is unloaded, provided that two rigid cross -bars may
be attached to any bumper to extend it so that it will reach into
a point within the required height from the ground. All trucks
and trailers manufactured and sold after July 1, 1955, having a
rear platform or tailboard more than 20 inches above the ground,
except public utility trailers used for hauling reels of cable or
wire, pole trucks, dump trucks, and farm trucks as defined in
Minnesota Statutes 1953, Section 168.011, Subd. 17, and trucks
and semi -trailers transporting logs, pulpwood or other raw and
unfinished forest products from the place of production to an
assembly yard or rail head when such transportation constitutes
the first haul thereof, are required when operating upon the high-
ways of this state, to have rigid rear safeguards, so constructed
as to prevent any part of another motor vehicle from penetrating
the area immediately below such rear platform or tailboard when
such tailboard is in a vertical position. (169.73)
18.110. Flaps Every truck, trailer and semi -trailer, excepting
pole trailers and rear -end dump trucks, shall be provided with
wheel flaps or other suitable protection above and behind the rear-
most wheels of the vehicle or combination of vehicles to prevent,
as far as practicable, such wheels from throwing dirt, water, or
other materials on the windshields of vehicles which follow. Such
flaps or protectors shall have a ground clearance of not more than
one -fifth of the horizontal distance from the center of the rearmost
axle to the flap under any conditions of loading or operation of the
motor vehicle and shall be at least as wide as the tires they are
protecting.
If the motor vehicle is so designed and constructed that the
above requirements are accomplished by means of body construc-
tion or other means of enclosure, then no such protectors or flaps
shall be required.
If the rear wheels are not covered at the top by fenders, body
or other parts of the vehicle, the flap or other protective means
shall be extended at least to a point directly above the center of
the rearmost axle.
Lamps or wiring shall not be attached to fender flaps. (169.733)
18.12. Safety glass. —(a) No person shall sell any new motor
vehicle nor shall any new motor vehicle be registered thereafter
unless such vehicle is equipped with safety glass wherever glass is
used in doors, windows, and windshields.
(b) The term "safety glass" shall mean any product composed
of glass, or other material as may be approved by the commis-
sioner as safety glass.
(c) All glass replacements in doors, windows, windshields or
partitions of motor vehicles shall be made with materials meeting
the requirements of this act for safety glass is glass used therefor.
(d) No glazing material other than of a type meeting the
requirements of this chapter shall be sold, offered for sale, offered
for use, or used for installation in doors, windows, or windshields
273
REGULATION OF TRAFFIC
of motor vehicles or of passenger carrying trailers or semi -trailers.
(e) Nothing in this section shall be construed to include
frostshields. (169.74)
18.13.6 Flares required. — (a) No person shall operate any
passenger bus, motor truck or truck tractor upon a highway
outside of a business or residence district at any time for a
halt hour after sunset to a half hour before sunrise unless there
shall be carried in such vehicle the following equipment except as
otherwise provided in Subd. 2: At least three flares, three red
electric lanterns, or three portable red reflector devices; each
of which shall be capable of being seen and distinguished at a
distance of 500 feet under normal atmospheric conditions at
nighttime.
(b) No person shall at any time operate a motor vehicle
transporting inflammable liquids in bulk or compressed inflammable
gases as cargo or part of a cargo upon a highway unless it carries
three electric lanterns or three portable electric units to be used
in lieu of flares and no burning flare shall be carried on or placed
adjacent to such vehicle.
(c) No person shall operate any motor truck or truck -tractor
upon a highway outside of a business or residence district unless
there shall be carried in such vehicle at least three red, yellow or
orange flags, not less than twelve inches square, which shall be
displayed at ably time from a half hour before sunrise to a half
hour after sunset under circumstances which would require the
use of warning lights at night and in the manner and position gov-
erning the use of warning lights as prescribed herein.
(d) Every flare, lantern, signal, or reflector required in this
section shall be of a type approved by the commissioner.
(e) When any motor truck, or truck -tractor or bus is dis-
abled upon a highway during the period when lighted lamps must
be displayed on vehicles and such motor vehicle cannot im-
mediately be removed from the main traveled portion of a high-
way outside of a business district, the driver or other person in
charge of the vehicle shall promptly cause flares, lanterns or other
signals to be lighted and placed as warning lights upon the
highway, one at a distance of approximately 100 feet in advance
of the vehicle, one at a distance of approximately 100 feet to the
rear of the vehicle, and the third upon the traffic side of the ve-
hicle, approximately 10 feet rearward or forward thereof. (169.75)
18.14. Transporting explosives. —Any person operating any ve-
hicle transporting any explosive as a cargo or part of a cargo upon
a highway shall at all times comply with the provisions of this
section.
(a) Said vehicle shall be marked or placarded on each side
and the rear with the word "Explosives" in letters not less than
eight inches high.
(b) Every said vehicle shall be equipped with fire extinguish-
ers of a type and number approved by the commissioner, filled
and ready for immediate use and placed at a convenient point on
the vehicle so used.
(c) The commissioner is hereby authorized and directed to
promulgate such additional regulations governing the transporta-
274
REGULATION OF TRAFFIC
tion of explosives and other dangerous articles by vehicles upon
the highways as he shall deem advisable for the protection of the
public. (169.76)
18.15. Official stations for adjusting lamps and brakes. — (a)
The commissioner shall designate, furnish instructions to and
supervise official stations for adjusting head lamps and auxil-
iary lamps and official stations for testing brakes to conform
with the provisions of this act. When head lamps and auxiliary
lamps or brakes have been adjusted in conformity with the
instructions issued by the commissioner a certificate of adjust-
ment shall be issued to the driver of the motor vehicle on forms
issued in duplicate by the commissioner showing date of issue,
regisration number of the motor vehicle, owner's name, make
of vehicle, and official designation of the adjusting station.
(b) The driver of any motor vehicle equipped with approved
head lamps, auxiliary lamps, rear lamps, or signal lamps, who
is arrested upon a charge that such lamps are improperly ad-
justed or are equipped with bulbs of a candlepower not approved
for use therewith, shall be allowed 48 hours within which to bring
such Lamps into conformance with requirements of this act. It
shall be a defense to any such charge that the person arrested
produce in court or submit to the prosecuting attorney a certificate
from an official adjusting station showing that within 48 hours af-
ter such arrest, such lamps have been made to conform with the
requirements of this act. (169.77)
18.16. Testing stations. —Every municipality in the state, re-
gardless of how organized, shall have the power to acquire, erect,
establish, equip, operate and maintain motor vehicle testing sta-
tions for the purpose of testing and inspecting motor vehicles us-
ing the public streets of any such municipality, to finance and
pay for the same out of the proceeds of the collection of fees
charged for such inspection. Any municipality may pass and by
proper penalties enforce ordinance for said purpose and by such
ordinances:
(a) Require the attendance of such motor vehicles at such
tenting station for the purpose of inspection, at such time as shall
be deemed reasonable after due notice thereof shall first have
been given to the owner of such motor vehicle or his agent; pro-
vided that any owner of five or more commercial vehicles having
testing equipment and facilities meeting the requirements of the
municipality may be exempted from the requirements of attend-
ance at such testing station;
(b) Require the payment of inspection fees, but such fees
shall not exceed the amount of 50 cents for any one inspection or
one dollar for any one year;
(c) Provide free inspections as aften as the owner desires
between compulsory inspection periods;
(d) Provide for the issuance of an inspection certificate and
require the same to be displayed on the windshield of such motor
vehicle in the lower right corner thereof, and in such manner as
not to obstruct the driver's view;
(e) Prohibit the operation on the public streets of such mu-
nicipality of any motor vehicle which shall not have been submit-
275
REGULATION OF TRAFFIC
ed for inspection within a reasonable time after notice of such
required inspection shall have been given to the owner of such
motor vehicle or his agent, or any motor vehicle which shall be
found to be in a faulty or unsafe condition or in violation of any
city ordinance or state law, and not having a proper inspection
certificate properly displayed.
No inspection as herein provided shall be required of any
owner of a vehicle who is not a resident of the municipality oper-
ating and maintaining said motor 'vehicle testing station.
In making any such inspection or tests, no additional or dif-
ferent mechanical requirements than those provided by state law
shall be imposed upon or against a motor vehicle or the owner
thereof, or his agent, in order to entitle such vehicle to an in-
spection certificate, but no such certificate shall be issued or at-
tached to any vehicle until and unless such vehicle shall, upon
such inspection, be found to comply with the terms of the state
law. (169.78)
18.17. Vehicles must be registered. —No person shall operate
or drive a motor vehicle on any highway unless such vehicle shall
have been registered in accordance with the laws of this state and
shall have the number plates for the current year only, as as-
signed to it by the registrar of motor vehicles, conspicuously dis-
played thereon in such manner that the view thereof shall not be
obstructed. If the vehicle be a motorcycle, motorcycle side -car,
trailer or semi -trailer, one such plate shall be displayed on the
rear thereof, if it be any other kind of motor vehicle, one such
plate shall be displayed on the front and one on the rear thereof;
securely fastened so as to prevent the same from swinging. It
shall be the duty of the person driving the motor vehicle to keep
said plate legible and unobstructed and free from grease, dust, or
other blurring material so that the lettering thereon shall be
plainly visible at all times. (169.79)
18.18. Size of plates. —Such number plates shall be substan-
tially of the following size and form, namely: A plate or placard
of metal, enamel, or other suitable material, approximately five and
five -eighths inches wide and approximately twelve inches long,
the length to vary with the number of digits in the number. On
the body of such plate there shall be the distinctive registration
number assigned to the vehicle in figures approximatel3 three
inches high, each stroke of which shall be of such width as will be
most conducive to legibility. A letter or letters similar in size to
the figures may be used as a part of the registration number at the
beginning thereof to indicate class of registration. Below the
registration number there shall be the year of registration number
and the word "Minnesota" in characters three -fourths of an inch
high. Motorcycles shall be assigned plates of substantially the
same design, but three inches wide and seven inches long, with
such proportionate reduction in size of letters and numerals as
may be necessary. Dealers' number plates shall be of substan-
tially the same size and design as passenger vehicle and truck
plates. There shall appear on the number plates issued for the
year 1950 and each subsequent year thereafter the following: "10,-
000 Lakes." Such change in the size and form of the plates and
such rearrangement of the words and figures thereon as may be
necessary to best carry out the provisions of this subdivision are
276
REGULATION OF TRAFFIC
hereby authorized. (168.37)
18.181. Equipment in lieu of fenders. —Effective January 1,
1952, every truck and semi -trailer not equipped with rear fenders
by the manufacturer shall be equipped with wheel flaps behind its
rear wheels, specifications for such flaps and placement shall be as
set forth by the commissioner of highways.
Note: See § 18.110.
ART. RVI.—SIZE, WEIGHT, AND LOAD
18.19. Unlawful to operate vehicle of excessive size or weight.
—(a) It is a misdemeanor for any person to drive or move or for
the owner to cause or knowingly permit to be driven or moved on
any highway any vehicle or vehicles of a size or weight exceeding
the limitations stated in this article or otherwise in violation of
this article, and the maximum size and weight of vehicles herein
specified shall be lawful throughout this state, and local authorities
shall have no power or authority to alter said limitations except as
express authority may be granted in this article. When all the
axles of a vehicle or combination of vehicles are weighed separ-
ately the sum of the weights of the axles so weighed shall be evi-
dence of the total gross weight of the vehicle or combination of
vehicles so weighed.
When each of the axles of any group that contains two or more
consecutive axles of a vehicle or combination of vehicles have been
weighed separately the sum of the weights of the axles so weighed
shall be evidence of the total gross weight of the group of axles so
weighed.
When, in any group of three or more consecutive axles of a
vehicle or combination of vehicles any axles have been weighed
separately and two or more axles consecutive to each other in
said group have been weighed together, the sum of the weights of
the axles weighed separately and the axles weighed together shall
be evidence of the total gross weight of the group of axles so
weighed.
(b) The provisions of this article governing size, weight, and
load shall not apply to fire apparatus, or to implements of hus-
bandry temporarily moved upon a highway, or to loads of loose hay
or corn stalks, if transported by a horse-drawn vehicle or drawn
by a farm tractor, or to a vehicle operated under the terms of a
special permit issued as herein provided. (169.80)
18.20. Width. — (a) The total outside width of any vehicle
or the load thereon shall not exceed eight feet except that the
outside width of a farm tractor shall not exceed nine feet and
except as otherwise provided in this section.
(b) The total outside width of a trackless trolley car or
passenger motor bus, operated exclusively in any city or village or
contiguous cities or villages, in this state, shall not exceed nine
feet; provided a passenger motor bus, not exceeding eight and one-
half feet in width, may operate beyond the foregoing areas and
within 20 miles of the boundaries of a city of the first class.
(c) The total outside width of loads of forest products when
loaded crossways shall not exceed 100 inches, provided the load
is securely bound with a chain attached to front and rear of the
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REGULATION OF TRAFFIC
loading platform of the vehicle so as to hold the load securely in
place. (169.80)
18.21. Passenger car carrying Toad. —No passenger -type vehicle
shall be operated on any highway with any load carried thereon
extending beyond the line of the fenders on the left side of such
vehicle nor extending more than six inches beyond the line of the
fenders on the right side thereof. (169.80)
18.23. Height and length, including motor trains. — (a)
No vehicle unladen or with load shall exceed a height of 12
feet six inches except that the height of the unenclosed trans-
port carriers used exclusively for hauling motor vehicles shall
not exceed 13 fet six inches when loaded. (169.81
(b) Length. —No vehicle shall exceed a length of 40 feet ex-
treme overall dimensions, inclusive of front and rear bumpers. ex-
cept that the governing body of any city or village is hereby
authorized by ordinance to provide for the maximum length of any
motor vehicle, or combination of motor vehicles, or the number of
vehicles that may be fastened together, and which may be operated
upon the streets or highway of said city, and provided, however,
that such ordinance shall not prescribe a length less than that per-
mitted by state law. Any such motor vehicle operated in compli-
ance with such ordinance on the streets or highways of such city
shall not be deemed to be in violation of this act. A truck tractor
and semi -trailer shall be regarded as a combination of vehicles for
the purpose of determining lawful length.
3. Combinations —No combination of vehicles coupled together
unladen or with load, including truck trailers and semi -trailers,
shall consist of more than two units and no such comb.nation of
vehicles shall exceed a total length of 45 feet, provided that this
limitation shall not apply to the transportation of telegraph poles,
telephone poles, electric light and power poles or piling, and subject
to the following further exceptions: Said length limitations shall
not apply to (a) vehicles when transporting pipe, or other objects
by a public utility when required for emergency or repair of pub-
lic service facilities or when operated under special permits as
provided in this subdivision, but in respect to night transportation
every such vehicle and the load thereon shall be equipped with
a sufficient number of clearance lamps and marker lamps on
both sides and upon the extreme ends of any projecting load to
clearly mark the dimensions of such load; (b) house trailers or
mobile homes when coupled with a motor vehicle but such com-
bination shall not exceed 55 feet in length. The state, as to state
trunk highways, and any city, village, borough or town, as to
roads or streets located therein, may issue permits authorizing
the transportation of combinations of vehicles exceeding the limit-
ations herein contained over highways, roads or streets within
their boundaries.
4. Load. —The load upon any vehicle operated alone, or the
load upon the front vehicle of a combination of vehicles, shall not
extend more than three feet beyond the front wheels of such ve-
hicle or the front bumper of such vehicle if it is equipped with
such a bumper. (169.81)
18.24. How to Toad. —No vehicle shall be driven or moved on
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REGULATION OF TRAFFIC
any highway unless such vehicle is so constructed or loaded as to
prevent any of its load :rom dropping, sifting, leaking or otherwise
escaping therefrom, except that sand may be dropped for the pur-
pose of securing traction, or water or other substances may be
sprinkled on a roadway in cleaning or maintaining such roadway.
(169.81)
18.25. Weight of vehicles. — (a.) Any trailer exceeding a
gross weight of 6,000 pounds shall be equipped with brakes
adequate to stop and hold such trailer, and which are so construct-
ed that they will so operate whenever such trailer becomes de-
tached from the towing vehicle.
(b) When one vehicle is towing another the drawbar or oth-
er connection shall be of sufficient strength to pull all weight towed
thereby and said drawbar or other connection shall not exceed 15
feet from one vehicle to the other except the connection between
any two vehicles transporting poles, pipe, machinery or other ob-
jects of structural nature which cannot readily be dismembered.
(c) When one vehicle is towing another and the connection
consists of a chain, rope, or cable, there shall be displayed upon
such connection a white flag or cloth not less than 12 inches square.
(d) Every trailer or semi -trailer shall be hitched to the motor
vehicle furnishing the tractive power for it by a device approved
by the commissioner as sae and in addition shall be equipped
with safety chains permanently attached to the trailer, except
that where the coupling device is a regulation fifth wheel and king
pin assembly approved by the commissioner such safety chains
shall not be required. In towing, such chains shall be carried
through a ring on the tow -bar and attached to the towing vehicle,
and shall be of sufficient strength to control the trailer in the
event of failure of the towing device. (169.82)
18.26. Weight upon highway bridges. —Subject to the limita-
tions upon wheel and axle loads prescribed in this act, the gross
weight of any vehicle or combination of vehicles driven onto or
over a bridge on any highway shall not exceed the safe capacity
of said bridge, as may be indicated by warning posted on said
bridge or the approaches thereto. (169.84)
18.27. Officers may weigh vehicles. —(a) Any police officer
having reason to believe that the weight of a vehicle and load is
unlawful is authorized to require the driver to stop and submit to
a weighing of the same either by means of portable or stationary
scales, and may require that such vehicle be driven to the nearest
public scales in the event such scales are within five miles.
(b) When an officer, upon weighing a vehicle and load, as
above provided, determines that the weight on any axle exceeds
the lawful weight by 2,000 pounds or more or when the weight on
any group of two or more consecutive axles in cases where the
distance between the centers of the first and last axles of the group
under consideration is ten feet or less exceeds the lawful gross
weight as prescribed by Section 169.83 as amended by 4 000 pounds
or gross weight as prescribed by Section 169.83 as amended by
4,000 pounds or more and in all cases when the weight is unlaw-
ful on any axle group of consecutive axles on any road restricted
in accordance with section 169.87. he may require the driver to stop
279
REGULATION OF TRAFFIC
the vehicle in a suitable place and remain standing until such por-
tion of the load is removed as may be necessary to reduce the
gross weight of such vehicle to such limit as permitted under this
chapter. All material so unloaded shall be cared for by the owner
or driver of such vehicle at the risk of such owner or driver.
(c) Any driver of a vehicle who fails or refuses to stop and
submit the vehicle and load to a weighing, or who fails or refuses
when directed by an officer upon a weighing of the vehicle to stop
the vehicle and otherwise comply with the provisions of this sec-
tion, shall be guilty of a misdemeanor. (169.84-169.85)
18.28. Authorities may give permit to move oversize vehicles. —
(a) The commissioner with respect to highways under his juris-
diction and local authorities with respect to highways under their
jurisdiction, upon application in writing and good cause being
shown therefor, issue a special permit in writing authorizing the
applicant to move a vehicle or combination of vehicles of a size
or weight of vehicle or load exceeding the maximum specified in
this act or otherwise not in conformity with the provisions of this
act upon any highway under the jurisdiction of the party grant-
ing such permit and for the maintenance of which said party is
responsible.
(b) The application for any such permit shall specifically de-
scribe the vehicle or vehicles and load to be moved and the partic-
ular highways for which permit to so use is requested, and the
period of time for w'iich such permit is requested.
(c) The commissioner or local authority is authorized to issue
or withhold such permit at his discretion; or, if such permit is is-
sued, to limit or prescribe conditions of operation of such vehicle or
vehicles, when necessary to assure against undue damage to the
road foundations, surfaces or structures, and may require such un-
dertaking or other security as may be deemed necessary to com-
pensate for any injury to any roadway or road structure and in ad-
dition may require that the operator or owner of such vehicle or
vehicles have in effect with respect to the operation of such vehicle
or vehicles a policy of liability insurance or bond affording sub-
stantially the same coverage with respect to injury to persons and
damage to property as is required for proof of financial respons-
ibility under the safety responsibility act.
(d) Every such permit shall be carried in the vehicle or com-
bination of vehicles to which it refers and shall be open to inspec-
tion by any police officer or authorized agent of any authority
granting such permit, and no person shall violate any of the terms
or conditions of such special permit. (169.86)
18.29. Local authorities may prohibit. —(a) Local authorities
with respect to highways under their jurisdiction may prohibit the
operation of vehicles upon any such highway or impose restrictions
as to the weight of vehicles to be operated upon any such highway,
whenever any said highway by reason of deterioration, rain, snow,
or other climatic conditions will be seriously damaged or destroyed
unless the use of vehicles thereon is prohibited or the permissible
weights thereof reduced.
(b) The local authority enacting any such prohibition or re-
striction shall erect or cause to be erected and maintained signs
plainly indicating the prohibition or restriction at each end of that
280
REGULATION OF TRAFFIC
portion of any highway affected thereby, and the prohibition or re-
striction shall not be effective unless and until such signs are erect-
ed and maintained.
(c) Municipalities with respect to highways under their juris-
diction may also, by ordinance, prohibit the operation of trucks or
other commercial vehicles, or may impose limitations as to the
weight thereof, on designated highways, which prohibitions and
limitations shall be designated by appropriate signs placed on such
highways.
(d) The commissioner shall likewise have authority as here-
Inabove granted to local authorities to determine and to impose
prohibitions or restrictions as to the weight of vehicles operated
upon any highway under the jurisdiction of said commissioner, and
such restrictions shall be effective when signs giving notice there-
of are erected upon the highway or portion of any highway affected
by such action.
Subd. 2. Except where restrictions are imposed as provided
in Subdivision 1, no person shall operate any vehicle or combina-
tion of vehicles upon any county or town road during the period
between March 20 and May 15 of each year where the gross weight
on any single axle as defined in Minnesota Statutes 1945, Section
169.83, exceeds 8,000 pounds; provided, that there shall be ex-
cepted and exempted from the provisions of this section emer-
gency vehicles of public utilities used incidental to making repairs
to its plant or equipment; provided, however, that this provision
shall not apply to roads paved with cement concrete. Subdivision 2
shall apply only to county and town roads located westerly and
southerly of the following described line: beginning at a point cn
the south shore of Lake of the Woods, thence southerly along the
westerly borders of Lake of the Woods and Beltrami counties to
the intersection with State Trunk Highway No. 2, thence easterly
and southeasterly along State Trunk Highway No. 2 to Duluth.
(169.87)
18.30. Damage to highway. —(a) Any person driving any ve-
hicle, object, or contrivance upon any highway or highway struc-
ture shall be liable for all damage which said highway or structure
may sustain as a result of any illegal operation, driving, or moving
of such vehicle, object, or contrivance, or as a result of operation,
driving or moving any vehicle, object, or contrivance weighing in
excess of the maximum weight in this act but authorized by a spec-
ial permit issued as provided in this article.
(b) Whenever such driver is not the owner of such vehicle,
object, or contrivance, but is so operating, driving, or moving the
same with the express or implied permission of said owner, then
said owner and driver shall be jointly and severally liable for any
such damage.
(c) Such damage may be recovered in a civil action brought
by the authorities in control of such highway or highway structure.
(169.88)
ART. XVII.—PENALTIES
18.31. Violations —Penalties. — (a) It is a misdemeanor for
ainy ;person to volate any of the provisions of this act unless
such violation is a gross misdemeanor or a felony.
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REGULATION OF TRAFFIC
(b) Whenever a person is arrested for any violation of this
act or any violation of a city or village ordinance regulating
traffic, the court before whom such matter is heard shall determine
the driver's record of such person from the commissioner before
pronouncing sentence and the expense incident to the procure-
ment of such information shall be taxable as costs upon con-
viction.. (169.89)
ART. XVIII.—PARTIES, PROCEDURE UPON ARRESTS, AND
REPORTS IN CRIMINAL CASES
18.32. Persons guilty. —Every person who commits, attempts to
commit, conspires to commit, or aids or abets in the commission of,
any act declared herein to be a crime, whether individually or in
connection with one or more other persons or as principal, agent,
or accessory, shall be guilty of such offense, and every person who
falsely, fraudulently. forcibly, or wilfully induces, causes. coerces,
requires. permits. or directs another to violate any provision of this
act is likewise guilty of such offense.
18.33. Driving contrary to law. —It is unlawful for the owner,
or any other person, employing or otherwise directing the driver of
any vehicle to require or knowingly to permit the operation of such
vehicle upon a highway in any manner contrary to law. (169.90)
18.34. Procedure —Subdivision 1. When any person is ar-
rested for any violation of this chapter punishable as a misdemean-
or gross misdemeanor, or felony, the arrested person shall be tak-
en into custody and immediately taken before a magistrate within
the county in which the offense charged is alleged to have been
committed and who has jurisdiction of such offenses and is nearest
or most accessible with reference to the place where the arrest is
made, in any of the following cases:
(1) When a person arrested demands an immediate appear-
ance before a magistrate;
(2) When a person is arrested and charged with an offense
under this chapter causing or contributing to an accident resulting
in injury or death to any person;
(3) When the person is arrested upon a charge of negligent
homicide;
(4) When the person is arrested upon a charge of driving or
operating or being in actual physical control of any motor vehicle
while under the influence of intoxicating liquor or drugs;
(5) When the person is arrested upon a charge of failure to
stop in the event of an accident causing death, personal injuries,
or damage to property;
(6) When there is reasonable cause for believing that the per-
son arrested may leave the state;
(7) In any other event when the person arrested refused to
give his written promise to appear in court, as hereinafter pro-
vided. (169.91)
18.35. Arrest —Notice to appear —When a person is arrested
for any violation of this chapter or any other law relating to
282
REGULATION OF TRAFFIC
motor vehicles, their registration or the operation thereof, or
the use of highways, punishable as a misdemeanor, and is not
taken into custody and immediately taken before a magistrate,
the arresting officer shall prepare, in duplicate, written notice
to appear in court. The notice shall contain the name and address
of the person arrested, his driver's license, or chauffeur's license
number, the license number of his vehicle, the offense charged,
and the time when and the place he is to appear in court. This
place must be before a magistrate within the county in which the
offense charged is alleged to have been committed who has jur_s-
diction and is nearest or most accessible with reference to the
place of arrest.
In order to secure release, as provided in this section, the ar-
rested person must give his written promise so to appear in court
by signing, in duplicate, the written notice prepared by the ar-
resting officer. The officer shall retain the original of the notice
and deliver a copy thereof to the person arrested. Thereupon, the
officer shall release the person arrested from custody. (169.91)
18.36. Person not appearing. —(a) Any person wii:ully violat-
ing his written promise to appear in court, given as provided in this
article, is guilty of a misdemeanor provided he is found guilty of
the charge upon which he was originally arrested.
(b) A written promise to appear in court may be complied
with by an apparance by counsel. (169.92)
18.37. Arrest without warrant. —The foregoing provisions o1
this article shall govern all police officers in making arrests with-
out a warrant for violations of this act for offenses committed in
their presence, but the procedure prescribed herein shall not other-
wise be exclusive of any other method prescribed by law for the
arrest and prosecution of a person for an offense of like grade.
(169.93)
18.38. Record not admissible. —No record of the conviction of
any person for any violation of this act shall be admissible as evi-
dence in any court in any civil action.
18.39. Conviction not to impair credibility. —The conviction of
a person upon a charge of violating any provision of this act or
other traffic regulation less than a felony shall not affect or impair
the credibility of such person as a witness in any civil or criminal
proceedings. (169.94)
18.40. Records of cases kept. —(a) Every magistrate or judge
of a court not of record and every clerk of a court of record shall
keep a full record of every case in which a person is charged with
any violation of this act or of any other law, or city or village or-
dinance, regulating the operation of vehicles on highways.
(b) Within ten days after the conviction of forfeiture of bail
of a person upon a charge of violating any provision of this act or
other law, or city or village ordinance, regulating the operation of
vehicles on highways, every said magistrate of the court or clerk
of the court of record in which such conviction was had or bail was
forfeited shall prepare and immediately forward to the department
an abstract of the record of said court covering the case in which
said person was so convicted or forfeited bail, which abstract must
283
REGULATION OF TRAFFIC
be certified by the person so required to prepare the same to be
true and correct.
(c) Said abstract must be made upon a form furnished by the
department and shall include the name and address of the party
charged, the driver's license number or chauffeur's license number
of the person involved, the nature of the offense, the date of hear-
ing, the plea, the judgment, or whether bail forfeited and the
amount of the fine or forfeiture as the case may be.
(d) Every court of record shall also forward a like report to
the department upon the conviction of any person of manslaughter
or other felony in the commission of which a vehicle was used.
(e) The failure, refusal, or neglect of any such judicial officer
to comply with any of the requirements of this section shall con-
stitute misconduct in office and shall be ground for removal there-
from. (169.95)
ART. XIX.—EFFECT OF AND SHORT TITLE OF ACT
18.41 Uniformity. —(a) This act shall be so interpreted and
construed as to effectuate its general purpose to make uniform the
law of those states which enact it.
(b) In all civil actions, a violation of any of the provisions
of this act by either or any of the parties to such action or actions
shall not be negligence per se but shall be prima facie evidence
of negligence only. (169.96)
18.42. Title of act. —This act may be cited as the Highway
Traffic Regulation Act. (169.97)
18.43. Excerpt from Chap. 185, G. L. 1925, regulating motor
busses. * * Nor shall this act be construed as in any manner tak-
ing from or curtailing the right of any city or village to regulate
and control the routing, parking, speed or the safety of operation
of a motor vehicle operated by any transportation company under
the terms of this act, or the general police power of such city or
village over its highways.
Note: It should be remembered that Sec. 1069 was passed in 1925
and while not directly repealed by Chap. 464, Laws 1937, it is valid
where consistent with the latter. (221.15)
II. MISCELLANEOUS PROVISIONS.
18.44. Tampering with or damaging vehicle, etc. —Any person
who shall tamper with a motor vehicle without the permission of
the owner, or who shall, without authority of the person in charge,
climb upon or into any automobile, whether while the same is in
motion or at rest, or hurl stones or any other missiles at the
same, or the occupants thereof, or shall, while such motor vehicle is
at rest and unattended attempt to manipulate any of the levers,
starting devices, brakes or machinery thereof, or set such vehicle
in motion, or otherwise damage or interfere with the same, or
shall place upon any street, avenue or highway of this state any
glass, tacks, nails or other articles tending to injure automobile
tires shall be guilty of a misdemeanor. (168.47)
284
REGULATION OF TRAFFIC
18.45. Taking and removing automobiles without consent of
owner. —Any person who enters any warehouse, garage or building
of any kind and takes and removes therefrom, fo- his own use or
that of others, any automobile or motor -vehicle, without the knowl-
edge and consent, expressed or implied, of the owner thereof, shall
be deemed guilty of a felony -and upon conviction thereof shall be
punished accordingly.
The fact that such automobile or motor -vehicle was voluntarily
returned to its original place by the party taking the same before or
after the owner discovers such removal, or the fact that the party
taking the same was then and there in the employ of the owner of
such property, shall not be deemed a defense in the prosecution of
such offender. (168.48)
18.46. Use of automobile without permission declared a fel-
ony. —Auto stealing a felony. —No person shall drive, operate or use
a motor vehicle without the permission of the owner or of his agent
In charge and control thereof. Any person so doing shall be guilty
of a felony and punished therefor by imprisonment in the state
prison for not more than five years or by imprisonment in the
county jail for not exceeding one year or by a fine of not more
than five hundred dollars. (168.49)
18.47. Chauffeur's licenses. —The act herein referred to pro-
vides that no person shall drive a motor vehicle as a chauffeur
upon any public highway in this state unless he be licensed
by the secretary of state as provided in this act, except that
a non-resident chauffeur, registered under the provisions of the
law of the country, state, territory or district of his residence,
operating such motor vehicle temporarily within this state not
more than GO days in any one year, and while wearing the badge
assigned to him as such chauffeur in the country, state, territory
or district of his residence, shall be exempt from such license re-
quirements. No person, whether licensed or not, who is an hab-
itual user of narcotics or who is under the influence of intoxicating
liquors or narcotics, shall drive any vehicle upon any highway.
The term chauffeur as here used, shall mean and include:
1. Every person, including the owner, who operates a motor
vehicle while it is in use as a carrier of property or persons for
hire.
2. Every person who is employed for the principal purpose
of operating a passenger vehicle.
3. Every employee who in the course of his employment
operates upon the public streets or highways a truck, tractor, or
truck -tractor belonging to another, with the exception of light
cars classified as trucks used only to carry tools, repairs or light
materials used by the driver in his employment, and trucks reg-
istered in the "T" class when operated by members of the family
of the owner.
4. Every person who drives a school bus transporting school
children. (168.39)
The act herein referred to provides that the Secretary of State shall
establish a chauffeur's license division in the motor vehicle depart-
ment for determining the qualification of applicants for chauffeurs'
licenses, and shall conduct examinations therefor and shall issue
licenses only to such applicants as are qualified and have attained
the age of 18 years. School bus drivers' licenses shall expire on June
30, 1966 and shall thereafter be issued for the fiscal year ending
285
REGULATION OF TRAFFIC
June 30 of each year . Any licensed school bus driver may also
operate a motor vehicle as a chauffeur.
The foregoing is a digest of 168.40.
18.471. Renewal of chauffeur's license by veteran. —Any person
who has served in the army, navy or marine corps of the United
States subsequent to December 7, 1941, and who has been honor-
ably discharged therefrom or who has been granted a furlough or
leave of absence therefrom prior to the cessation of hostilities in
the present war as declared by proper federal authority, may, with-
out payment of any fee or charge and without taking a physical
examination except such as the secretary of state may deem neces-
sary, renew his chauffeur's license for the current calendar year
at any time within one year after his discharge or during his fur-
lough or leave of absence by making proper application therefor.
An honorable discharge or an order from proper authority
granting a furlough or leave of absence shall be prima facie evi-
dence of the right to privileges extended by this act. Chapter 36,
Laws 1943.
286
CHAPTER VIII.-PUBLIC HEALTH
I. —BOARDS OF HEALTH —POWERS AND DUTIES.
19.00. State board —Appointment —Terms. —The State Board of
Health shall consist of nine members, learned in sanitary science,
who shall be appointed by the Governor for such periods that the
terms of three members will end on the first Monday of January in
each year. Vacancies therein shall be filled by like appointment for
the unexpired terms, and each member shall serve until his suc-
cessor qualifies. (144.01)
19.01. General duties of board —Reports. —The board shall exer-
cise general supervision over all health officers and boards, take
cognizance of the interests of health and life among the people,
investigate sanitary conditions, learn the cause and source of
diseases and epidemics, observe the effect upon human health of
localities and employments, and gather and diffuse proper informa-
tion upon all subjects to which its duties relate. It shall gather,
collate, and publish medical and vital statistics of a general value,
and advise all state officials and boards in hygienic and medical
matters —especially those involved in the proper location, construc-
tion, sewerage, and administration of prisons, hospitals, asylums,
and other public institutions. It shall report its doings and discov-
eries to the Legislature at each regular session thereof, with such
information and recommendations as it shall deem useful. (144.05)
19.02. General and special rules. —The board may adopt, alter
and enforce reasonable regulations of permanent application
throughout the whole or any portion of the state, or for specified
periods in parts thereof, for the preservation of the public health.
Upon the approval of the attorney general, and the due publica-
tion thereof, such regulations shall have the force of law, except
insofar as they may conflict with a statute or with the charter or
ordinances of a city of the first class upon the same subject. In
and by the same the board may control, by requiring the taking out
of licenses or permits, or by other appropriate means, any of the
following matters:
1. The manufacture into articles of commerce, other than food,
of diseased, tainted or decayed animal or vegetable matter;
2. The business of scavengering and the disposal of sewage;
3. The location of mortuaries and cemeteries and the removal
and burial of the dead;
4. The management of lying-in houses and boarding places for
Infants and the treatment of infants therein;
5. The pollution of streams and other waters, and the distribu-
tion of water by private persons for drinking or domestic use;
6. The construction and equipment, in respect to sanitary con-
ditions, of schools, hospitals, almshouses, prisons and other public
institutions, and of lodging houses and other public sleeping places
kept for gain;
7. The treatment, in hospitals and elsewhere, of persons suf-
fering from communicable diseases, including all manner of ve
287
PUBLIC HEALTH
nereal diseases and infection, the disinfection and quarantine of
persons and places in case of such disease, and the reporting of
sicknesses and deaths therefrom. * * *
7: A The prevention of infant blindness and infection of the
eyes of the newly born by the designation of a prophylactic to be
used in such cases and in such manner as the board may direct,
unless specifically objected to by the parents or a parent of such
Infant.
8. The furnishing of vaccine matter; the assembling, during
epidemics of smallpox, with other persons not vaccinated. But no
rule of the state board or of any public board or officer shall at
any time compel the vaccination of a child, or shall exclude, ex-
cept during epidemics of smallpox, and when approved by the local
board of education, a child from the public schools, for the reason
that such child has not been vaccinated. Any person thus required
to be vaccinated may select for said purpose any licensed physi-
cian, and no rule shall require the vaccination of any child whose
physician shall certify that by reason of his physical condition
vaccination would be dangerous.
9. The accumulation of filthy and unwholesome matter to the
injury of the public health, and the removal thereof; and
10. The collection, recording and reporting of vital statistics
by public officers, and the furnishing of information to such offi-
cers, by physicians, undertakers and others, of birth, deaths,
causes of death and other pertinent facts.
11. The construction, equipment and maintenance in respect
to sanitary conditions of lumber camps and other industrial camps;
12. The general sanitation of tourist camps, summer hotels and
resorts in respect to water supplies, disposal of sewage, garbage and
other wastes and the prevention and control of communicable dis-
eases and to that end may prescribe the respective duties of county
and local health officers; and all county and local boards of healt5
shall make such investigations and reports and obey such directions
as the State Board may require or give, and under the supervision
of the State Board, shall enforce such regulations. (144.12)
19.03. Publication —Penalties. —Three weeks' published notice
of such regulations, if of general application throughout the state,
shall be given at the seat of government; if of local application
only, as near such locality as practicable. Special rules, applica-
ble to particular cases, shall be sufficiently noticed when posted in
a conspicuous place upon or near the premises affected. Every per-
son violating any such regulation, or any lawful direction of a board
of health or health officer, shall he guilty of a misdemeanor. Fines
collected for violations of regulations adopted by the state boaru
shall be paid into the state treasury; and of local boards and offi-
cers, into the county treasury. (144.13)
19.04. Local boards —Health officers. —Every town board shall
be a board of health within and for the town, and shall have juris-
diction over every village within its boundaries wherein no organ-
ized board of health exists. Every village may, and every city shall,
provide by ord;nanee for the establishment of a board of health
therefor. In the absence of such provision in any city. the state'
board may appoint three or more persons to act as such until a
288
PUBLIC HEALTH
local board is established and organized, and may fix their com-
pensation, which the city shall pay. Two members of every county
board, chosen by it yearly at its annual meeting, and one resident
physician elected at the same time, shall constitute the county
board of health, with jurisdiction over all unorganized towns there-
in, and with such other powers and duties in reference to the pub-
lic health as the state board shall by its published regulations pre-
scribe. All local health boards of each county shall co-operate so
far as practicable, and the state board, by written order, may
require any two or more local boards to act together for the preven-
tion or suppression of epidemic diseases. At least one member of
every local board shall be a physician, who shall be the local health
officer and executive of the board. If no member of a town board
is a physician, it shall appoint a health officer for the town. The
compensation of all local health officers shall be prescribed by the
body appointing him or to which he belongs, and the same, together
with his necessary expenses, shall be paid by the county or munici-
pality in which he serves. (145.01)
19.05. Duties of local boards —Penalties. —All local boards o1
health and health officers shall make such investigations and re-
ports, and obey such directions concerning communicable dis-
eases, as the state board may require or give; and, under the gen-
eral supervision of the state board, they shall cause all laws and
regulations relating to the public health to be obeyed and enforced.
When the state board shall have reason or cause to believe from
its records or any other information in its possession that the
provisions of this section are being or have been violated, the state
board shall advise the Attorney General thereof givin,g the infor-
mation in support of such belief, and the Attorney General, or
under his directions, the County Attorney of any county in which
the violation occurs shall forthwith institute proceedings for the
enforcement of the provisions of this section and for the punish-
ment of the violation thereof. (145.03)
19.06. Entry for inspection, etc. —Penalty. —For the purposes o:
performing their official duties, all members, officers, and employes
of the state and local boards of health, and all health officers, shall
have the right to enter any building, conveyance, or place where
contagion, infection, filth, or other source or cause of preventable
disease exists or is reasonably suspected. (145.04)
19.07. Necessary help —To whom chargeable. —The health offi-
cer in a municipality or the chairman of the board of .»nervisors
in a township, shall employ at the cost of the health district over
which his local board of health has jurisdiction and in which the
person afflicted with a communicable disease is located, all med-
ical and other help necessary in the control of such communicable
disease, or for carrying out within such jurisdiction the lawful
regulations and directions of the State Board of Health, its officers,
or employees, and upon his failure so to do the State Board of
Health may employ such assistance at the expense of the district
involved. Any person whose duty it Is to care for himself or an
other afflicted with a communicable disease shall be liable for the
reasonable cost thereof to the municipality or town paying such
cost, excepting that the municipality or town constituting such
district shall be liable for all expense incurred in establishing,
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PUBLIC HEALTH
enforcing, and releasing quarantine, half of which may be recov-
ered from the county as provided for under sections 145.06 and .07.
(145.05)
19.08. Allowance and payment of expenses, etc. —All claims
arising under the section 145.05 against any town, village, or
city, if not paid by persons liable therefor, shall be presented to the
town board or council for audit and allowance as in the case of
other claims. If any such claim be deemed excessive, or the whole
or any part of the services or expenses charged for unnecessary,
the items or parts objected to shall not be allowed without the
approval of two disinterested physicians. given in the presence of
the board or council. Upon the allowance of any such claim, the
amount thereof shall be paid, and a certified statement shall be
transmitted to the county auditor, embracing a copy of the claim
as allowed, the date of such allowance, and showing for what pur-
pose and to whom the allowance was made. The auditor shall lay
such statement before the county board at its meeting next follow-
ing the receipt thereof. One-half the amount so allowed and paid
shall be a claim against the county, and, if deemed just and reason-
able by the board, the same shall be allowed and paid. (145.06)
19.09. Appeal from disallowance —Costs. —Within ten days after
written notice by the auditor to the clerk of the town, village, or
city of the disallowance of the whole or any part of the halt of any
such claim chargeable upon the county, the claimant may appeal
from such disallowance to the district court by giving notice of
appeal as in other cases, and without giving any bond or other
security thereon. Such appeal shall be noticed, tried, and deter-
mined as in other appeals from the disallowance of claims by the
county board. Unless the appellant shall recover more than the
amount allowed by the county board. it shall be liable for costs and
disbursements; otherwise the county shall be liable. (145.07)
19.10. Creamery sewers and filtration plants —Under super-
vision of chairman of board of health. —Any creamery association,
now or hereafter organized in the State of Minnesota, shall have
the right, power and authority to condemn lands under the right
of eminent domain for easements for sewers and sites for filtra-
tion plants to take care of all sewage and refuse made in the oper-
ation of its business which power and authority shall be exer-
cised under and pursuant to the terms and provisions of Chapter
117.01 etc., and acts supplemental thereto. (308.39)
The establishment of any such sewers or any such filtration
plants, or both, for such purposes and their maintenance and
operation, shall be under the supervision of the chairman of the
Board of Health of the town, village or city in which such associa-
tion has its operating plant. (308.40)
19.12. Offensive trades. —No person. without the written per-
mission of the board of health of the town, village, or city, shall
engage therein in any trade or employment which is hurtful to the
inhabitants, or dangerous to the public health, or injurious to
neighboring property, or from which noisome odors arise. Any
person so doing shall forfeit $50 for each day on which such trade
or employment is exercised, to be recovered by the local board
of health by suit in its name and for its benefit. (145.17)
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PUBLIC HEALTH
19.13. Assignment of places, etc. —Such local boards, from time
to time, may designate places within their respective jurisdictions
wherein such trades or employments may be carried on, by orders
filed with the town, village, or city clerk, and may revoke the same
by like orders. Within 24 hours after written notice of any such
revocation, every person exercising such trade or employment in
the locality to which it relates shall cease to do so, or forfeit $100
for each day thereafter on which the same is continued, to be
recovered, as provided in section 145.17. (145.18)
19.14. Appeal —Procedure. —Within five days after service of
such notice, any party aggrieved by an order made under
sections 145.17 - .18 may appeal therefrom to the district court of
the county, by giving notice of appeal as in other casea, together
with a bond of not less than $500, to be approved by the judge of
said court conditioned for the prosecution of such appeal to Judg-
ment and for payment of all costs and expenses that may be
awarded against such appellant. If the appeal be taken within 20
days before the time for holding any general term of said court
within said county, it shall be heard at such time, and, at either
party's request, may be tried by a jury; if taken more than 20 days
before any such term. the judge shall appoint a time and place for
hearing the same, and, if demanded. direct the sheriff of said
county to summon a jury of 12 persons to serve in the cause, any
of whom may be challenged as in civil cases, and talesmen may
be called, and said appeal tried as in other civil cases. During the
pendency of such appeal such trade or employment shall not be
exercised contrary to the order of said hoard, and upon violation of
any such order the appeal shall forthwith be dismissed. Upon the
return of the verdict the court may either alter or amend the order
of the board or confirm or amend it in full, to conform to such ver-
dict. If the matter be tried by the court, it shall have and exercise
the same power. (145.19)
Notes to § 19.11. Persons or corporations aggrieved by any order
as to offensive trades may appeal to the district court of thr county,
and such appeal may he tried by jury, but the objectionable trade
cannot be exercised contrary to the order during the pendency of
such appeal.
Any person injured by the exercise of any such offensive trade
may maintain an action for suet, damages. When it appears on
trial before the district court, that any place assigned for an offen-
sive trade has become a nuisance (see § 20.40) or is otherwise hurtful
or dangerous to the neighborhood or to travelers, the court may re-
voke the assignment and prohibit the exercise of such trades and
cause such nuisance to be removed or prevented.
19.15. State board —Powers —Appeal. —Upon written complaint
made to the state board that any person is occupying or using any
building or premises within any town, village or city. for the
exercise of any such trade or employment, it shall appoint a time
and place for hearing and give notice of not less than ten days to
the complainant, and the person complained of, aid after such
hearing, if, in its judgment, the public health or comfort and con-
venience require. it may order such person to cease from further
carrying on such trade or employment in such building or nremises;
and after written notice of such order, any person thereafter exer-
cising such trade or employment in said building or premises. shall
forfeit $100 for each day after the first, to be recovered as provided
291
PUBLIC HEALTH
in the sections 145-17 - .19. Any persons aggrieved by such order
may appeal, and said appeal shall be taken and determined in the
same manner as prescribed in Section 145.19. During its pendency
such trade or employment shall not be exercised contrary to the
orders of the state board, and upon the violation of any such order
the appeal shall forthwith be dismissed. (145.20)
19.16. Pollution of water. —No sewage, or other matter that will
impair the healthfulness of water, shall be deposited where it will
fall or drain into any pond or stream used as a source of water
supply for domestic use. The state board of health shall have
general charge of all springs, wells, ponds and streams so used, and
shall take all necessary and proper steps to preserve the same from
such pollution as may endanger the public health. In case of viola-
tion of any of the provisions of this section, the state board may,
with or without hearing, order any person to desist from causing
such pollution, and to comply with such direction of the board
as it may deem proper and expedient in the premises. Such order
shall be served forthwith upon the person found to have violated
such provisions. (144.35)
19.17. Appeal —Procedure —Power of courts. —Within five days
after service of the order, any person aggrieved thereby may
appeal to the district court of the county in which said polluted
source of water supply 1s situated; and such appeal shall be taken,
prosecuted and determined in the same manner provided in Section
145.19. During the pendency of such appeal, the pollution against
which the order has bee nissued shall not be continued, and upon
violation of such order the appeal shall forthwith be dismissed.
(144.36)
19.18. Other remedies preserved. —Nothing in sections 144.36
and .37 shall curtail the power of the courts to administer the
usual legal and equitable remedies in cases of nuisances or of im-
proper interference with private rights. (144.37)
Note: Sec. 145.21 is sane as § 19.18 above, except it applies to
provisions of 145.17 (see §19.12 above).
19.19. Abatement of a nuisance, source of filth and sickness. —
Notice. —When any nuisance, source of filth, or cause of sick-
ness is found on any property, the health officer of the city, village.
or township shall order the owner or occupant thereof to remove
the same at his expense within a time not to exceed ten (10) days,
the exact time to be specified in the notice. Said notice shall be
served by the sheriff, marshal or other peace officer, by delivering
a copy thereof to the owner, occupant or agent of such property.
If the owner of the property is unknown or absent, with no known
representative or agent upon whom notice can be served, then the
sheriff, marshal nr other peace officer shall post a written or printed
notice upon the property or premises, setting forth that unless the
nuisance. source of filth. or cause of sickness is abated or removed
within ten (10) days, the sheriff, marshal or other peace officer will
abate or remove, or cause to be abated or removed. at the expense
of the owner. the nuisance, source of filth. or cause of sickness
complained of and found to exist. In carrying out the )provisions of
section 145.22 and .23 no debt or claim against any individual
owner of any one piece of real property, shall exceed the sum of
292
PUBLIC HEALTH
$100. In all cities of the first class in this state, the collection and
disposal of night soil from privy vaults and contents of cess pools
shall be under the charge and supervision of, and shall be done by
the department of health of such cities. (145.22)
19.20. Duty of city clerk or other officer. —If the owner, occu-
pant or agent shall fail or neglect to comply with the requirement
of said notice, then said health officer shall proceed to have the
nuisance, source of filth, or cause of sickness, described in said
notice, removed or abated from said lot or parcel of ground and
report the cost thereof to the city clerk, or other like officer and
the cost of such removal or abatement shall be assessed and
charged against the lot or parcel of ground on which the nuisance,
source of filth, or cause of sickness was located, and the city
clerk, or other like officer, shall, at the time of certifying their
taxes to the county auditor, certify the aforesaid costs, and the
county auditor shall extend the same on the tax roll of the county
against said lot 9r parcel of ground, and it shall be collected by
the county treasurer and paid to the city, village or township, as
other taxes are collected and paid. (145.23)
19.021. Violations; penalties.—Subd. 1. Every member of any
local board of health or any health officer refusing or neglecting to
perform any duty imposed upon him by any statute, ordinance, or
by-law relating to the public health shall be guilty of a mis-
demeanor.
Subd. 2. Every person who wilfully prevents or hinders any
member, officer, or employee of the state board or any member,
officer, or employee of any local board of health, or any health
officer from entering any building, conveyance, or place where
contagion, infection, filth, or other sources or cause of preventable
disease exists or is reasonably suspected, or otherwise interferes
with the performance of their duties, shall be guilty of a mis-
demeanor.
Subdv. 3. Every person who shall fail to comply with the
provisions of sections 145.15 and 145.16 shall be guilty of a mis-
demeanor, the minimum punishment whereof shall be a fine of
$25.00. Every person who shall use any body mentioned in sections
145.15 and 146.16 for a purpose other than that contemplated
therein, or who shall remove it from the state, or in any manner
traffic therein, or refuse to deliver the same upon proper demand,
shall be guilty of a gross misdemeanor.
Subd. 4. Any person, firm, or corporation violating any of the
provisions of sections 145.13 and 145.25 to 145.29 shall be guilty of
a misdemeanor. (145.24)
19.21. Mosquito abatement act. —Section 1. In this act, unless
the context otherwise indicates: (a) "governmental unit" means
any city, village, borough, or town; (b) "governing body" means a
council, board, body or persons in which the powers of the govern-
mental unit are vested; and (c) "mosquito abatement" means the
control, abatement, or prevention of breeding of mosquitoes or such
other insects or arachnids (ticks, mites, spiders) as provided in
section 6.
Section 2. Public policy. —The abatement or suppression of
mosquitoes of any kind, whether disease bearing or merely pestif-
293
r
PUBLIC HEALTH
erous, within any or all areas of the state, is advisable and neces-
sary for the maintenance and betterment of the health, welfare
and prosperity of the people thereof; and is found and declared to
be for public purposes. All areas wherein mosquitoes incubate or
hatch are declared to be public nuisances, as harmful or inimical
to the health, welfare and prosperity of the inhabitants and may
be abated as hereinafter rrovided. Therefore mosquito abatement
may be undertaken, as provided in this act, in any or all areas of
the state by any governmental unit.
Section 3. Subd. (1) Establishment -Termination —Any gov-
ernmental unit in this state shall have power to engage in mos-
quito abatement and to establish a mosquito abatement board (a)
upon the adoption of a resolution to that effect by the governing
body thereof, or (b) upon the adoption of a proposal to that effect
by the voters of the governmental unit in the manner provided
in subdivision 2.
Subd. (2). If a petition signed by five per cent of the free-
holders in a governmental unit according to the last assessment
list, or 250 such freeholders, whichever is the lesser number, is
presented to the governing body of any governmental unit re-
questing it to engage in mosquito abatement a public hearing
shall be held thereon by the governing body within 15 days after
the presentation of the petition and, if said governing body does
not within 15 days thereafter adopt a resolution to undertake
mosquito abatement, and if such petitioners within 15 days there-
after pay to the governing body the cost of publishing notice of
the election, the governing body to whom the petition is addressed
shall order a vote to be taken at the next regular election in the
governmental unit (or town meeting in the case of the town) on
the proposal to undertake mosquito abatement within said gov-
ernmental unit. The governing body shall provide ballots to be
used at the election or meeting. The ballot shall bear the words
"Shall the (governmental unit) of engage in mosquito
abatement?" The question shall be followed with a line with the
word "Yes" and a square after it and another line with the word
"No" and a square after it. The voters shall indicate their choice
by placing a cross mark in one of said squares and a direction to
so indicate their choice shall be printed on the ballot. Such ballot
shall be deposited in a separate ballot box to be provided and
the result of such voting shall be duly canvassed, certified, and
returned in the same manner and at the same time as other facts
and returns of the election. If the majority of the electors voting
on the question vote in the affirmative, the governing body shall
take appropriate action as soon as possible to carry on mosquito
abatement. If a proposal to undertake mosquito abatement be re-
jected by the voters it shall not be resubmitted to the voters for
two years.
Subd. (3). Whenever any governmental unit by action of its
governing body or voters shall have voted to engage in mosquito
abatement, such abatement program may be discontinued in the
following manner: (a) If the mosquito abatement was originally
undertaken by resolution of the governing body, then by the adpp-
tion of a resolution to that effect by the governing body, or by
the adoption of a proposal to that effect by the voters of the gov-
ernmental unit in the manner provided in subdivision 4; and (b)
294
PUBLIC HEALTH
if the mosquito abatement was originally undertaken by the adop-
tion of a proposal to that effect by the voters of the governmental
unit, then only by the adoption of a proposal to that effect by the
voters of the governmental unit in the manner provided in sub-
division 4.
Subd. (4). If a petition signed by five per cent of the free-
holders in a governmental unit according to the last assessment
list, or 250 such freeholders, whichever is the lesser number, is
presented to the governing body of any governmental unit engaged
in mosquito abatement requesting it to discontinue mosquito abate-
ment at a public hearing shall be held thereon by the governing
body within 15 days alter presentation of the petition, and if said
governing body does not within 15 days thereafter adopt a reso-
lution to discontinue mosquito abatement, and if such petitioners
within 15 days thereafter pay to the governing body the cost of
publishing notice of the election, the governing body to whom the
petition is addressed shall order a vote to be taken at the next
regular election in the governmental unit (or town meeting in
the case of a town) on the proposal to discontinue mosquito abate-
ment within said governmental unit. The governing body shall
provide ballots to be used at the election or meeting. The ballot
shall bear the words "Shall the (governmental unit) of
discontinue mosquito abatement?" The question shall be fol-
lowed with a line with the word "Yes" and a square after it and
another line with the word "No" and a square after it. The voters
shall indicate their choice by placing a cross mark in one of said
squares and a direction to so indicate their choice shall be printed
on the ballot. Such ballot shall be deposited in a separate ballot
box to be provided and the result of such voting shall be duly can-
vassed, certified and returned in the same manner and at the same
time as other facts and returns of the election. If a majority of
the electors voting on the question vote in the affirmative, the
governing body shall take appropriate action as soon as possible
to discontinue mosquito abatement. If a proposal to discontinue
mosquito abatement be rejected by the voters it shall not be re-
submitted to the voters for two years.
Sec. 4. Board. —Whenever any governmental unit has decided,
in the manner required by section 3 to engage in mosquito abate-
ment, the governing body of the governmental unit shall appoint
three freeholders of the unit to serve as members of a mosquito
abatement board, which board shall have the powers specified in
section 6 of this act. Each member of said board shall hold office
at the pleasure of the governing body appointing him and shall
serve without compensation, except that board members may be re-
imbursed for actual expenses incurred in fulfillment of their duties
on the board not in excess of $60 annually.
Sec. 5. Officers. —Immediately after their appointment and at
the first meeting in each calendar year thereafter the board shall
elect one of their number as chairman, one as secretary, and one
as treasurer, and shall elect such other officers as they consider
necessary. The board shall provide for the time and place of hold-
ing regular meetings and may establish rules for proceedings. All
meetings of the board shall be open to the public. Two members
of the board shall constitute a quorum, but one member may ad-
journ from day to day. The board shall keep a written record of
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PUBLIC HEALTH
its proceedings and an itemized account of all expenditures and dis-
bursements and such record and account shall be open at all rea-
sonable times for public inspection.
Section 6. Powers. —Any mosquito abatement board, and any
joint board established pursuant to section 10, shall have power,
either by board action or through its members, officers, agent or
employees, as may be appropriate; (a) to enter upon any property
within the governmental unit as reasonable times to determine
whether mosquito breeding exists thereon; (b) to take all neces-
sary and proper steps for the abatement of mosquitoes and such
insects and arachnids (ticks, mites, spiders) as the commissioner
of agriculture may designate; (c) and subject to the paramount
control of county and state authorities, to lagoon and clean up any
stagnant pool of water and to clean up shores of lakes and streams
and other breeding places for mosquitoes within the boundaries of
the governmental unit; (d) to spray with insecticides, approved by
the commissioner of agriculture, any area within the boundaries of
the governmental unit that it finds to be a breeding place fo-
mosquitoes or other insects or arachnids designated pursuant to
(b) above; (e) to purchase such supplies and equipment and
employ such labor and assistants as may be necessary and proper
in mosquito abatement; (f) to accept gifts of money or equipment
to be used for mosquito abatement; and (g) to enter into such
contracts as may be necessary and proper to accomplish mosquito
abatement.
Section 7. Cooperation. —Each mosquito abatement board and
each governmental unit engaged in mosquito abatement shall coop-
erate with the University o, Minnesota, the State Department of
Agriculture, the State Board of Health, the State Department of
Conservation, the State Agricultural Experiment Station, and the
State Highway Department.
Section 8. Subd. (1) Tax Levy. —An annual levy of not to ex-
ceed one mill on each dollar of assessed valuation may be levied
for mosquito abatement purposes on all taxable property in any
governmental unit undertaking mosquito abatement as provided in
this act. Such tax shall be certified, levied and collected in the
same manner as other taxes caused to be levied by the governmen-
tal unit.
Subd. (2). At any time after the annual tax levy has been cer-
tified to the county auditor, and not earlier than October tenth in
any year, any governing body may, for the purpose of providing
the necessary funds for mosquito abatement for the succeeding
year, by resolution, issue and sell as many certificates of indebted-
ness as may be needed in anticipation of the collection of taxes
so levied for the mosquito abatement fund, but certificates shall
not be issued in excess of 50 per cent of the amount named in the
tax levy, as spread by the county auditor, to be collected for the
use and benefit of the mosquito abatement fund, and no certificate
shall be issued to become due and payable later than December
thirty-first of the year succeeding the year in which the tax levy,
certified to the county auditor, as aforesaid, was made. The cer-
tificates shall not be sold for less than par and accrued interest,
and shall not bear a greater rate of interest than five pet cent per
annum. Each certificate shall state upon its face that the proceeds
of the certificate shall be used for the mosquito abatement fund,
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PUBLIC HEALTH NURSES
Section 10. Cooperation. —When two or more adjacent govern-
mental units shall have authorized mosquito abatement and ap-
pointed the members of the mosquito abatement board the govern-
ing bodies of any such two or more governmental units may, by
written contract, arrange for pooling mosquito abatement funds,
apportioning all costs, cooperating in the use of equipment and
personnel and for engaging jointly in mosquito abatement upon
such terms and conditions and subject to such rules and regula-
tions as may be mutually agreed upon. The immediate control and
management of the joint project may, by the terms of the written
contract, be entrusted to a joint committee composed of the chair-
man of each of the boards or such other board members as may'
be agreed upon.
Section 11. Unorganized Towns. — In any township of this
state that is unorganized politically, the county board of the county
wherein the township is situated shall have all the rights, powers
and duties conferred by this act upon the governing bodies of
towns (including town boards) and in any such case the county
board shall act as though it were the governing body and town
board of said township and may authorize and undertake mosquito
abatement in any such township and cause taxes to be levied for
mosquito abatement the same as though said township were organ-
ized politically and said county board were the governing body
and town board thereof; Provided, that the cost of mosquito abate-
ment in any such township shall be paid solely by a tax levy on
the property within the township where mosquito abatement is un-
dertaken and no part of the expense of mosquito abatement in said
township shall be county expense or be paid by any such county.
Section 12 Miscellaneous —The actual cost to the state of
any service rendered or expenses incurred by the department of
agriculture and department of conservation under the provisions
of this act to or for the benefit of any mosquito abatement board
shall be billed to the mosquito abatement board benefiting there-
from and be paid by it as other expenses of mosquito abate-
ment.
Section 13. Nothing herein contained shall be construed to
authorize the expenditure of public funds by any governmental unit
in excess of the amounts fixed in any law limiting the expenditures
of any governmental unit on a per capita basis.
Section 14. Unless otherwise expressly provided, the provisions
of this act shall not amend, supersede, or repeal any other existing
or subsequent law relating to any matter affected, but shall be
subject and supplementary thereto. (145.34-145.46)
II. —PUBLIC HEALTH NURSES.
19.30. Authorization. —Every Board of county commissioners
except, in counties no or hereafter having a population of 550,-
00 and city council, village council, school board and town board
is hereby authorized and empowered to employ, and to make ap-
propriations for the compensation and necessary expenses of pub-
lic health nurses, for such public health duties as they may deem
necessary. (145.08)
Every board of county commissioners as authorized in sub-
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PUBLIC HEALTH
the total amount of the certificates so issued, and the whole amount
embraced in the tax levy for that particular purpose. They shall
be numbered consecutively and be in denominations of $100.00 or
a multiple thereof, and may have interest coupons attached,
and shall be otherwise of such form and terms and be made payable
at such place as will best aid in their negotiation. The proceeds of
the tax assessed and collected, as aforesaid, on account of the
fund, shall be irrevocably pledged for the redemption of the cer-
tificates so issued. The certificates shall be paid solely from the
monies derived from the levy for the year against which the cer-
tificates were issued, or, if they be not sufficient for such purpose,
from the levy for the mosquito abatement fund in the next suc-
ceeding year. The money derived from the sale of the certificates
shall be credited to the mosquito abatement fund for the calendar
year immediately succeeding the making of the levy and shall
not be used or spent until such succeeding year. No certificates
for any year shall be issued until all certificates for prior years
have been paid, nor shall any certificate be extended.
Subd. (3). All monies received for mosquito abatement pur-
poses, either by way of tax collection or the sale of certificates of
indebtedness, shall be deposited in the treasury of the govern-
mental unit to the credit of a special fund to be designated as the
mosquito abatement fund, shall not be used for any other purpose,
and shall be drawn upon by the proper officials of the govern-
mental unit upon the properly authenticated voucher of the mos-
quito abatement board. No money shall be paid from such fund
except on orders drawn upon the officer of the governmental unit
having charge of the custody of the mosquito abatement fund and
signed by the chairman and the secretary of the mosquito abate-
ment board. Each mosquito abatement board shall annually file
with the governing body of its governmental unit an itemized
statement of all receipts and disbursements.
Section 9. Subd. (1) State Approval. —The Commissioner of
Agriculture (a) may establish rules and regulations for the con-
duct of mosquito abatement operations of governmental units and
boards engaged in mosquito abatement; (b) shall approve mos-
quito control plans and budgets of mosquito control boards before
such plans can be put into operation; (c) may, if he considers it
necessary, modify or revoke any approval he may have given to
any mosquito control plan upon written notice to the governing
body or mosquito abatement board; and (d) shall be ex-officio a
member of each mosquito abatement board, and he may appoint
representatives to act for him as ex-officio member of any such
board.
Subd. (2). The Commissioner of Conservation shall approve
mosquito abatement plans or make such modifications as he deems
necessary for the protection of public water, wild animals and nat-
ural resources before control operations are started and any
such approval may, if he considers it necessary, be modified or
revoked by the Commissioner of Conservation at any time upon
written notice to the governing body or mosquito abatement board
Subd. (3). If any revision of previously approved plans are
necessary during the mosquito control season, any such revision
shall be made through joint approval of the Commissioner of
Agriculture and the Commissioner of Conservation.
297
III. VITAL STATISTICS
A county commissioner appointed by the Board of County
Commissioners.
Two residents of the county appointed by the county commis-
sioners. * * * (145.12)
19.36. Permanent organization. —The nursing committee of each
county shall effect a permanent organization, and meet at regular
intervals with nurse or nurses." (145.12)
19.37. Home nursing care —Fees. —Section 1. Subdivision 1.
The county board of any county providing public health nursing
services under Minnesota Statutes 1953, Section 145.08 and 146.12,
and the governing body of a nursing district formed under Section
145.08, Subdivision 3, may charge and collect fees for home nurs-
ing care services furnished to ill or disabled persons within the
county or the nursing district.
Section 2. Schedule of fees.—Subd. 2. The county board or
the nursing district, as the case may be, shall set up an equitable
schedule of fees, taking into consideration the ability of some
of the ill or disabled persons to pay fully for the services received,
the ability of others to pay only a part of the fee, and the inability
of others to pay any part thereof. Home nursing care services
shall not be denied to any parson who is in need of such services
and lacks means to pay either in whole or in part for the cost of
the services he has received. These fees may not exceed the costs
of the actual service furnished, as determined by a study of costs
which the county board or the nursing district will undertake in
January each year. The results of this study, together with a
schedule of such fees, shall be filed with the state board of health.
In lieu of making such annual studies, the county board or the
nursing district may adopt a schedule of fees established by the
state board of health from information gathered by it relative to
the costs of nursing service.
Subd. 3. Collection of fees. —The county board or the nurs-
ing district, as the case may be, shall set up a procedure for the
collection of these fees and may assign the duty of collection to
the public health nursing service.
Subd. 4. Fees to County Revenue Fund or Nursing Fund —
Fees so collected in any county shall be paid into the revenue
fund of the county and shall be used for such purposes as the
county board determines after giving due consideration to the
total needs of the public health nursing service. Fees so collected
in any nursing district shall be paid to the special nursing fund
of the nursing district and used for the purposes of carrying out
the program of public health nursing therein. (145.123)
19.371. Nurses —Tuberculosis —Compensation. —Any . . . em-
ployee ... or duly licensed nurse ... of any ... village, nursing
district or ... subdivision of the state ... contracting tuberculosis
shall be entitled to medical care and compensation ... (251.04)
Same: Whenever ... the head of ... any ... village, nursing
district or other subdivision of the state employing licensed nurses
learns that any employee ... has contracted tuberculosis he shall
report to the Industrial Commission. Copies of such report shall
300
PUBLIC HEALTH NURSES
division 1, or every nursing district formed under the provisions
of subdivision 3 of this section, which employs public health
nurses is hereby authorized and empowered to employ and to
make appropriations for the compensation and necessary ex-
penses of licensed practical nurses or registered nurses who will
provide under the supervision of such public health nurses such
home nursing care services as may be deemed necessary. (145.08)
19.31. Expenses —What included. — The term "expenses"
as used in the preceding section may cover and include suitably
furnished office rooms, records, stationery, postage, nursing and
nurses supplies, transportation, including the purchase and main-
tenance of automobile, meals and lodging of nurses when on duty
away from their place of residence, telephone rent and tolls,
clerical assistance and such other actual expenses as shall be
necessarily incidental to the carrying out of the above purposes.
(145.08)
Note: Subd. 3 (145.08) In each county now or hereafter having
a population of 550,000 or more, every city and village council and
every school and town board is vested with authority as provided in
Subd. 1 (145.08 Subd. 3.) The county board of any county providing
nursing services and the governing body of any nursing district
formed under Subd. 3 may charge and collect fees for home nursing
care service as therein provided. (See Sec. 19.37 below).
19.32 Must be registered nurses. —Such nurses, if not regis-
tered in Minnesota, shall apply for registration immediately upon
their employment, and, unless registered within six months from
date of application, their further employment shall be illegal.
(145.09)
19.33. State board to furnish Ilst. — There shall be available
from the State Board for the use of councils and boards included
in Secs 145.08 to 145.12, employing such nurses, a list of nurses
qualified for public health duties, approved and certified by a
majority of a committee consisting of a physician appointed by
the State Medical association and four registered nurses; one
representing the Faculty of the Course in Public Health Nursing
of the University of Minnesota, one representing the Minnesota
League for Nursing, one representing the State Board of Health
and one representing the Minnesota board of Nursing. (145.10)
19.34. Aid to nurses by state board. — Such nurses shall re-
ceive, upon request, the aid and advice of the State Board of
Health in regard to nursing problems and shall make written re-
ports through the board employing them to the state and local
boards of health in such form and at such times as shall be pre-
scribed by the State Board of Health. (145.11)
19.35. Committee to direct. —The board of county commission-
ers of any county may detail county public health nurses to act un-
der the direction of the County Board of Health or a nursing com-
mittee composed of at least five members as follows:
The County Superintendent of Schools.
The County Health officer or a physician appointed by the
County Commissioners.
299
III. VITAL STATISTICS
be sent to ... governing body of the ... village or other subdivi-
sion of the state which employs the affected person. (251.042)
III —VITAL STATISTICS
20.00. Definitions. —Subdivision 1. Unless the language or
context clearly indicates that a different meaning is intended,
the following words, terms, and phrases, for the purposes of this
act, shall be given meaning ascribed to them.
Subd. 2. "Vital statistics" include the registration, prepara-
tion, transcription, collection, compilation and preservation of
data pertaining to births, adoption, legitimations, deaths, still-
births, and data incidental thereto.
Subd. 3. "Live birth" means the complete expulsion or ex-
traction from its mother of a product of conception, irrespective
of the duration of pregnancy, which, after such separation,
breathes or shows any other evidence of life such as beating of
the heart, pulsation of the umbilical cord, or definite movement
of voluntary muscles, whether or not the umbilical cord has been
cut or the placenta is attached; each product of such a birth is
considered live born.
Subd. 4. "Fetal death" or "stillbirth" shall have such mean-
ing, in terms of the duration of pregnancy, as the stateboard of
health may from time to time by regulation ascribe to such
words.
Subd. 5. "Dead body" means lifeless human body or such
parts of the human body or the bones thereof from the state of
which it reasonably may be concluded that death recently oc-
curred.
Subd. 6. "Person in charge of interment" means any person
who places or causes to be placed a stillborn child or dead body
or the ashes, after cremation, in a grave, vault. urn or other re-
ceptacle, or otherwise disposes thereof. (144.151)
20.01 Division of vital statistics. —The state board of health
shall:
Subdivision 1. Establish a division of vital statistics with
suitable offices properly equipped for the preservation of its of-
ficial records;
Subd. 2. Install a statewide system of vital statistics;
Subd. 3. Make and may amend necessary regulations, ac-
cording to Minnesota Statutes 1941, Section 144.12, give instructions
and prescribe and furnish at the expense of the state forms for
collecting, transcribing, compiling and preserving vital statistics
provided that the book of record for the local registrar shall be
paid for by the city or county comprising the registration district;
and
Subd. 4. Enforce this act and the regulations made pursuant
thereto. (144.152)
20.02 Registration Districts --For the purpose of this Act,
each city which by ordinance elects to maintain local registration
of vital statistics and each county shall constitute a primary re-
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PUBLIC HEALTH
gistration district. The state registrar may establish registration
districts on United States government reservations and appoint
local registrars for them. (144.154)
Note: Prior to 1953 (L 1945, C512 § 7) town and village clerks
were local registrars. 13y Law, 1953, C309 §2, Clerks of Districts
Courts were made local registrar, and in cities so electing the health
officer was made local registrar. (144.157)
Although 144.57) takes away authority to act as local registrar
of vital statistics, village clerk may continue to issue certified copies
of certificates in his custody. Op. Atty. Gen., 225-C-1, Oct. 23, 1953.
IV. —OFFENSES AGAINST PUBLIC HEALTH AND SAFETY.
20.40. Public nuisance defined. —A public nuisance is a crime
against the order and economy of the state, and consists in un-
lawfully doing any act or omitting to perform a duty. which act or
omission:
1. Shall annoy, injure, or endanger the safety, health, comfort,
or repose of any considerable number of persons:
2. Shall offend public decency;
3. Shall unlawfully interfere with, obstruct or tend to obstruct
or render dangerous for passage, a lake, navigable river, nay,
stream, canal or basin, or a public park, square, street, alley
or highway; or
4. Shall in any way render a considerable number of persons
insecure in life or the use of property. (616.01)
20.41. Obstructing health officer. —Every person who shall
willfully oppose or obstruct a health officer or physician charged
with the enforcement of the health laws, in performing any legal
duty, shall be guilty of a misdemeanor. (616.03)
20.42 Willful violation of health Taws. —Every person who
shall willfully violate any provision of the health laws, the
punishment for which is not specially provided for therein, shall
be punished by imprisonment in the county jail for not more than
one year, or by a fine of not more than $2,000, or both. (616.04)
20.43. Adulteration or imitation of foods, etc. —Every person
who, with intent that the same may be sold as unadulterated or
undiluted, shall adulterate or dilute wine, milk, distilled spirits, or
malt liquors, or any drug, medicine, food or drink for man or beast;
or shall offer for sale or sell the same as unadulterated or undiluted,
or without disclosing to or informing the purchaser that the same
has been adulterated or diluted; or shall manufacture, sell, expose,
or offer for sale, as such article of food or drink. any substance in
imitation thereof, without disclosing the imitation by a suitable
and plainly visible mark or brand; or with intent that the same may
be used as food, drink or medicine, shall sell, offer or expose for
sale, any article whatsoever which to his knowledge has become
spoiled, tainted, or for any cause unfit to be used as food, drink, or
medicine, where special provision has not otherwise been made by
statute for its punishment, shall be guilty of a misdemeanor, and
punished by a fine of not less than $25, or by imprisonment in the
county jail for not less than 30 days. (616.05)
20.44. Sale of unwholesome poultry, etc. —Every person who
302
LIVESTOCK SANITATION
or any one having charge of any waterworks, furnishing water
for public or private use, who knowingly permits the appliances
of the same to become in a filthy condition, or in such condition
that the purity and healthfulness of the water supplied by reason
thereof becomes impaired, shall be guilty of a felony, and punished
by imprisonment in the state prison for not more than ten years.
(616.09)
V.—LIVESTOCK SANITATION.
20.50. Sanitary board. —The state livestock sanitary board,
hereinafter called the board, or the state board, shall consist of
five members, appointed by the governor, each for the term of
five years and until his successor qualifies. * * * (35.01)
20.51. Duty of local boards of health. —All local boards of health
shall assist the live stock board in the prevention, suppression,
control and eradication of contagious and infectious dangerous
diseases among domestic animals whenever directed so to do by
the secretary or any member thereof. Two or more local boards
may be required in emergencies to co-operate in rendering such
assistance. When the rules of any local board conflict with those
of the state board, the latter shall prevail. (35.04)
20.52. Authority of boards, etc. —The board, and also the local
boards within their respective jurisdictions, may quarantine or kill
any domestic animal infected with, or which has been exposed to
any such disease; but, before killing an animal solely on the ground
that it has been exposed, a local board shall procure the authority
of the state board. Said boards may regulate or prohibit the arrival
in and departure from the state of animals so infected or exposed
and in case of violation of any such regulation or prohibition, may
detain any animal at its owner's cost. The state board may regulate
or prohibit the bringing of domestic animals into the state, which,
in its opinion, for any reason, may injure the health of live stock
therein. All rules and regulations adopted by the board or by any
local board under authority of this act shall be recorded in its
minutes, and one week's published notice thereof shall be given.
(35.05)
20.53. Reporting disease —Compelling testimony. —Every person
who knows or has reason to suspect that a contagious or infectious
disease exists in any domestic animal shall immediately notify the
local board of health. Within twenty-four hours after such board
shall receive notice or have knowledge that any such animal is
infected with, or has been exposed to, such disease, it shall give
written notice thereof to the state board. Said board, or any
member or authorized agent thereof, may examine under oath all
persons believed to have knowledge of the existence or threatening
of disease among domestic animals, and for this purpose may take
depositions and compel witnesses to attend and testify. (35.06)
20.54. Death from vaccination for Anthrax. —Whenever the
state live stock sanitary board shall have duly ordered the vac-
cination of any domestic animals because the premises whereon
such animals are kept are infected with thA virus of anthrax, and
as a result of such treatment any or all of such animals shall die
304
PUBLIC HEALTH
shall offer or expose for sale at retail, for human food, at any
public market, store, shop or house, or in or about any street or
other public place, any domestic or wild fowls, or any slaughtered
rabbits, squirrels, or other small animals, wild or tame, unless the
entrails, crops and other offensive parts are properly drawn and
removed, shall be guilty of a misdemeanor. (616.06)
Note: Chapter 101, Laws 1937, as amended by Chapter 62, Laws
1941, is a long act which repeals Section 3827 of Mason's Statutes
and Laws 1931, Chapter 75. The act defines eleven frozen foods made
for use and sale and requires a license from the Department of
Agriculture and Foods, before anything of such nature can be
manufactured or sold. The act is administered by that department
and so concerns the people and not township officers, and violations
are penal.
Note: Chapter 354, Laws 1937, is a long and broad law consisting
of 36 Sections regulating the practice of pharmacy and the sale of
drugs, medicines, chemicals and poisons.
20.45. Protection of meat, etc. —Every dealer in slaughtered
fresh meats, fish, fowl, or game for human food, at wholesale or
retail, at any established place or as a peddler, in the transporta-
tion of such food from place to place to customers, shall protect
the same from dust, flies and other vermin or substance which
may injuriously affect it. by securely covering it while being so
transported. Every violation of the foregoing provision shall be
a misdemeanor, punishable by a fine of not less than $10.00 or by
imprisonment in the county jail for not less than 10 days. (616.07)
20.46. Deposit of unwholesome substances. —Every person who
shall deposit, leave, or keep, on or near a highway or route of public
travel, on land or water, any noisome or unwholesome substance;
or who shall establish, maintain, or carry on, upon or near a
highway or route of public travel, on land or water, any business,
trade. or manufacture, which is noisome or detrimental to the
public health; or who shall deposit or cast into any lake, creek or
river, wholly or partly in the state, or shall deposit upon the ice
of any such lake, creek or river, the offal from, or the dead body
of, any animal, shall be guilty of a gross misdemeanor, and pun-
ished by a fine of not less than $100, or imprisonment in the county
jail, for not less than three nor more than six months. (616.16)
20.47., Garbage —Tin cans, etc. —It is declared unlawful for
any person to cause or permit any garbage or tin cans to be thrown
upon any alley, street, highway, parkway or boulevard or upon
any vacant or occupied real estate or to fail or neglect or refuse
to remove the same from any such real estate. Garbage should
be construed to mean kitchen offal and all other refuse matter
composed of either animal or vegetable substances. The govern-
ing body of any county, city, village or town may prohibit by
ordinance, resolution or by-law any such acts and prescribe
penalties for violation. Violation is a misdemeanor. (616.15)
20.48. Exposing person with contagious disease. —Every person
who shall wilfully expose himself or another affected with any
contagious or infectious disease, in any public place or thorough -
tare. except upon his necessary removal in a manner not dangerous
to the public health, shall be guilty of a misdemeanor. (616.20)
20.49. Impure water. —Every owner, agent, manager, operator.
303
LIVESTOCK SANITATION
from vaccination anthrax as demonstrated by state laboratory find-
ings; said live stock sanitary board shall pay to the owner the
cash value of such diseased animals, the same to be determined
by three competent, disinterested men, one appointed by the state,
one by the owner, and a third by the first two.
Such appraisal shall in no case exceed $60.00 for a cow, $125
for a horse, $5.00 for a sheep, and $10.00 for a hog, except in the
case of pure bred cattle, horses, sheep or swine, where the pedigree
shall be proved by certificates of register from the herd books where
registered, and in that case the maximum appraisal shall not exceed
$150.00 for a cow, $150 for a horse, $25.00 for a sheep, and $25.00 for
a hog.
The appraisements made under this act shall be in writing and
signed by the appraisers and certified by the state live stock sanitary
board to the auditor of the state, who sh911 draw a warrant on the
state treasurer for the amount thereof. (35.07)
20.55. Killing —Tuberculosis, Paratuberculosis or Glanders. —
Whenever the State Livestock Sanitary Board (hereinafter called
the board) shall decide upon the killing of an animal affected
with the disease of tuberculosis, paratuberculosis, glanders, or
Bang's disease, it shall notify the owner or keeper thereof of such
decision and when in the Judgment of the board, such animal may
be ordered transported for immediate slaughter by said board,
through its executive officer to any abattoir where the United
States Bureau of Animal Industry maintains inspection, or where
the United States Bureau of Animal Industry or the board may
establish field post rnortem inspection, and the owner shall receive
the value of the net salvage of the carcass.
Before the animal is removed from the premises of the
owner, the representative or authorized agent of the board shall
agree in writing with the owner as to the value of such animal;
in the absence of such agreement, there shall be appointed three
(3) competent disinterested men, one appointed by the board, one
by the owner, and a third by the first two, to appraise such animal
at its cash value, taking into consideration the condition of the
animal as to the disease and its present and probable effect on the
animal.
Such appraisal shall in no case exceed $100 for a cow and $125
for a horse, except in the case of pure bred cattle and horses
where the pedigree shall be proved by certificates of registration
from the herd books where registered, and in which case the max-
imum appraisal shall not exceed $200.00.
The appraisements made under this act shall be in writing
and signed by the appraisers and certified by the board, to the
auditor of the state, who shall draw a warrant on the state treas-
urer for the amount due the owner. (35.08)
20.56. Tubercular, Paratubercular and Glandered animals. —In-
demnity. —(a) Notwithstanding any provisions of this chapter to
the contrary, neither cattle affected with tuberculosis, paratuber-
culosis, Bang's disease, nor glandered horses shall be killed as
such until they have been inspected by a veterinarian appointed by
the board, and are pronounced by him to be so diseased.
For each animal slaughtered because of tuberculosis, para-
tuberculosis, glanders, or Bang's disease, the value of the net of
salvage of the carcass shall be deducted from the appraised value
305
LIVESTOCK SANITATION
of the living animal; two-thirds of the remainder shall be paid to
the owner by the state, except that in all cases where the federal
bureau of animal industry compensates the owner for such ani-
mal, in whole or in part, then the amount of such compensation so
received from the federal government shall be deducted from the
amount of indemnity payable by the state; provided that in no
case shall any payment be more than $15.00 for grade females or
more than $30.00 for any purebred animal, and that no payment
shall be made unless the owner has complied with all lawful
rules and regulations of the board, and provided further that two-
thirds of the appraised value of any horse slaughtered as provided
herein shall be paid to the owner thereof by the state after dis-
posal of the carcass of said horse as directed by the board.
(b) ine owner of any animal, as provided in this act, shall
be entitled to indemnity therefor as herein provided, except in the
following cases:
1. Indemnity shall not be paid for steers or grade bulls.
2. Animals which have not been kept for one year, or since
their birth in good faith, in the state.
3. Animals brought into the state, or from one county into
another within the state, contrary to any provisions of law or
rules and regulation of the board.
4. Animals diseased at time of arrival in this state.
5. Animals belonging to the United States.
6. Animals belonging to institutions maintained by state,
county or municipality.
7. Animals which the owner or claimant knew to be diseased
or had notice thereof at the time they came into his possession,
or when the owner shall have been guilty of negligence by wilfully
exposing his animal or animals to Bang's disease, or if the animals
have been injected with Bang's disease vaccine. Bacterin or other
preparations made from or through the agency of Brucella Micro-
organisms unless done in compliance with the rules and regula-
tions of the state livestock sanitary board.
8. When the owner has received indemnity as a result of a
former inspection or tests and has hereafter introduced into his
herd any animal which theretofore had not passed the tuberculin
or Bang's disease test.
9. Where the owner, agent or person in possession of said
animals has not complied with the rules and regulations of the
Board with respect to animals condemned.
10. When the condemned animals are not destroyed within
15 days after date of appraisal, except that in extraordinary cir-
cumstances and in meritorious cases and at the discretion of
the secretary and executive officer of the board, said time limit
of 15 days may be extended an additional 15 days, provided, how-
ever, that the owner receives permission to do so from the said
secretary and executive officer within 15 days of date of ap-
praisal.
11. No indemnity or compensation shall be paid for the de-
struction of any livestock affected with tuberculosis, paratuber-
culosis, glanders, or Bang's disease, unless the entire herd of
which such affected livestock is a part, or from which such af-
fected livestock has originated, shall be examined and tested under
306
LIVESTOCK SANITATION
the supervision of the board, in order to determine if they are
free from such disease.
12. No indemnity or compensation shall be paid for the de-
struction of any livestock affected with tuberculosis, paratuber-
culosis, glanders, or Bang's disease, unless the owner has carried
out the instructions and regulations of the board relating to the
cleaning, disinfection and rendering the stables and premises in
a sanitary condition, within 15 days from the time of removal of
such animals from the premises, except when because of inclement
weather or other extenuating circumstances, the time may be ex-
tended by the executive officer of the board.
13. No indemnity or compensation shall be paid for the de-
struction of any livestock affected with tuberculosis, paratuber-
culosis or Bang's disease, if the owner has fed milk or milk prod-
ucts derived from creameries and which have not been pasteurized
as required by state laws and regulations.
14. If, at any time, the annual appropriation for payment of
indemnities becomes exhausted as a result of condemnation and
slaughter of animals, the state livestock sanitary board shall dis-
continue making further official tests or to authorize such tests,
with the exception that if an owner signs a waiver, on blanks to
be furnished by said board, for payment of indemnity for any an-
imals that may be condemned as the result of a test and in-
spection, and releasing the state from any obligation to pay in-
demnity from any future appropriation.
15. When the owner is a non-resident and neither he nor
his duly authorized agent or agents are engaged in breeding live-
stock in the state.
(c) Whenever it is determined by the board that it is neces-
sary to eradicate the dangerous, infectious, communicable foot
and mouth disease among domestic animals in the state in co-
operation with the United States Bureau of Animal Industry and
to appraise and destroy animals affected with or which have been
exposed to this disease, or to destroy property in order to re-
move the infection and complete the cleaning and disinfection of
the premises or to do any act or incur any other expense reason-
ably necessary in suppressing this disease, the board may accept,
on behalf of the state, the rules and regulations adopted by the
United States Bureau of Animal Industry under authority of an
act of Congress, or such portion thereof deemed necessary, suit-
able or applicable, and co-operate with the United States Bureau
of Animal Industry in the enforcement of such rules and regula-
tions so accepted; or it may follow such procedure only as to
quarantine or inspection or condemnation or appraisal or de-
struction or burial of animals, disinfection and other acts deemed
by it reasonably necessary in the suppression of this disease as
may be agreed upon and adopted by the Board and representatives
or authorized agents of the United States Bureau of Animal In-
dustry, the total expense to be shared equally between the state
and federal government.
The appraisals of animals affected with or exposed to foot
and mouth disease, or contact animals shall be made by an ap-
praisal board consisting of a representative of the board, a rep-
resentative of the United States Bureau of Animal Industry and
the owner of the animals or his representatives, such appraisals,
307
LIVESTOCK SANITATION
in writing, and signed by the appraisers, to be made at the true
market value of all animals.
Upon destruction and burial of such animals and the com-
pletion of the cleaning and disinfection of the premises, the state
livestock sanitary board shall certify the appraisal to the auditor
of the state, who shall draw a warrant on the state treasurer for
one-half the amount thereof payable to the owner, and the re-
maining one-half of such appraisal to be paid by the federal gov-
ernment under such cooperative arrangement. (35.09)
Section 3. It shall be unlawful for any veterinarian, who is,
an agent or representative of the state livestock sanitary board,
or any other public official to suggest, recommend, or in any
manner endeavor to influence or seek to persuade the owner of
any animal affected with any disease set forth in Mason's Minne-
sota Statutes of 1927, Sec. 5402, as amended by Laws 1929,
Chapter 35, and by Laws 1935, Chapter 32, either directly or in-
directly to sell, barter, exchange, ship or otherwise dispose of
such animal to any particular person, firm, association, corpora-
tion or any combination thereof; and any person violating any of
the provisions of this act shall be guilty of a gross misdemeanor
(35.70)
20.57. Expense of appraisal.— The expenses of autopsies and
appraisals shall be defrayed by the state, except that in cases of
protest where the animal is found infected, the charges of the
expert appointed by the owner shall he paid by him. The com
pensation of experts and appraisers shall be fixed by the state
board, which board shall approve, before payment, all claims made
under this chapter. No employe of the board shall receive any fee
for acting as an expert or appraiser. (35.11)
20.58. Expense of killing, etc. —Lien. —The expense of killing
and burial or destruction of a diseased animal, when the killing was
ordered by any board. shall be borne by the town or incorporated
place where the animal was kept. The expense of quarantine,
when the animal is taken from the possession of its owner, shall
be defrayed, four -fifths by the state, and one -fifth by the town or
place. When such quarantined animal Is left upon the premises
of its owner or keeper. he shall bear the expense. When an animal
is quarantined while being shipped into the state, the expense shall
be borne by the owner or keeper. Whenever the owner or keeper
of any animal becomes liable for any expense incurred by any
board under this act. the board shall have a lien on such animal
therefor, and may also maintain an action for the amount. (35.12)
20.59. Notice by owner—Penaity—During the prevalence
among domestic animals of any of the diseases referred to in this
chapter, any owner or keeper of such animals may post upon the
premises a notice forbidding all persona to enter any building or
enclosure thereon in which animals are kept; and thereafter no
person shall so enter except a member or agent of the state board
or of a local board of health. Every person violating the provisions
of this section shall be guilty of a misdemeaner. (35.13)
20.60. Offenses and penalties. —Every person violating any pro-
vision of this chapter, or any rule or regulation made hereunder
by the state board or any local board of health, or any order made
308
LIVESTOCK SANITATION
by either under the authority of this chapter, shall be guilty of a
misdemeanor, the minimum punishment whereof shall be a fine of
$25, or imprisonment for thirty days. Any member of a local
board who shall neglect or refuse to perform any duty imposed
upon him by the provisions of this chapter or by the directions of
the state board, or neglect or refuse to enforce the rules and
regulations of said state board or the rules and regulations of a
local board made hereunder, shall be guilty of a misdemeanor, the
minimum punishment whereof shall be a fine of $25; and each
day's neglect or refusal to perform any duty imposed upon him
under this chapter shall constitute a separate and distinct offense
(35.70)
20.61. Diseased sheep. —Every owner or person in charge of
sheep, who shall import or drive into the state, or who shall turn
out or suffer to run at large, upon any highway or uninclosed
lands, or upon any lands adjoining inclosed lands, occupied by any
person for pasturing sheep, any sheep having any contagious
disease, or who shall sell, let or dispose of any such sheep, knowing
them to be so diseased, without first apprising the purchaser or
person taking them of such disease, shall be guilty of a gross
misdemeanor and punished by a fine of not less than $50 nor more
than $200. (616.19)
20.62. Glandered animals. —Every owner or person having the
care and control of a horse or other animal having the glanders,
who shall knowingly permit such animal to run at large, or be
driven upon any highway, or who shall sell, or in any manner
dispose of the same to any other person; and every keeper of a
public barn, who shall knowingly permit any horse or other animal
having such disease to be stabled in such barn shall be guilty of a
misdemeanor, and be punished by a fine of not less than $25 or by
imprisonment in the county jail, for not less than 10 nor more than
90 days. (616.18)
20.63. Diseased animals —Disposal of carcasses, etc. —Every
person owning or having in charge any domestic animal that has
died or been killed on account of disease shall immediately bury
the carcass thereof at least three feet deep in the ground or cause
the same to be consumed by fire. Provided, however, that the
livestock sanitary board, through its secretary and executive of-
ficer, may issue a permit to owners of rendering plants located
within boundaries of Minnesota, provided such rendering plants
are operated and conducted as required by law, to remove carcasses
of domestic animals and fowl that have died or have been killed
on account of disease, over the public highways to their plants
for rendering purposes in accordance with the rules and regula-
tions adopted by the livestock sanitary board relative to trans-
portation, rendering, and all other provisions deemed by said
board to be necessary to prevent the spread of disease, and to
owners of rendering plants located in any adjacent state with
which a reciprocal agreement in effect, as provided in subdivision
2 of this act. No person shall sell or offer to sell, or give away
such carcass when the animal died or was killed on account of
disease, nor convey the same along any public road or upon any
land not his own; unless in accordance with a spec.al permit as
hereinbefore provided. Nor shall any person negligently or wil-
309
LIVESTOCK SANITATION
fully permit diseased animals owned or controlled by him to
escape his control or to run at large. Every violation of any pro-
vision of this act shall be a misdemeanor.
Subd. 2. The secretary and executive officer of the live stock
sanitary board is hereby authorized to enter into reciprocal agree-
ments in behalf of this state with any one or more of the states
adjacent to this state, providing for permits to be issued to ren-
dering plants located in either state to transport carcasses to
their plants over the public highways of this state and the re
ciprocating state. (616.17)
20.64. Rabies —Duties of officers. —It shall be the duty of the
executive officer of the live stock sanitary board, the chief health
officer, of every city, the executive officer of each town and vil-
lage board of health, when complaint in writing shall have been
made to him that rabies exists in any town, village or city over
which his jurisdiction extends, and for the purposes of this act the
jurisdiction of the state officer hereinbefore named shall extend
to any town, village or city in this state, to investigate, either per-
sonally or through the agency of subordinate officers under his
jurisdiction, as to the truth of any such complaint, and determine
whether or not rabies does exist in any such town, village or city.
Any such officer may on his own motion, and without such com-
plaint, likewise make such an investigation and determination.
The fact that any executive officer of any town, city or village has
investigated and determined that rabies does not exist in the ter-
ritory over which he has jurisdiction, shall not deprive the exe-
cutive officer of the live stock sanitary board, of jurisdiction or
authority to make such an investigation and determination with
reference to such territory. (35.67)
See §s 110.16 etc., relating to mischievous dogs.
20.65. Proclamation to be issued. —If on such investigation
any such officer finds and determines that rabies does exist in
any town, city or village, be shall forthwith and thereupon make
and file. as hereinafter provided, a proclamation. setting forth the
fact of such investigation and determination, and also in and by
said proclamation prohibit the owner or custodian of any dog from
permitting or allowing such dog to be at large within Fuel] town,
city or village. designating it. unless such dog shall be so effec-
tually muzzled that it cannot kite anv other animal or anv person.
Whenever the secretary and executive officer of the State
Livestock Sanitary Board, after investigation, has determined that
rabies exist in any territory in the state of Minnesota he shall issue
similar proclamations in all towns, villages and cities within such
territory or area which in his judgment it is necessary to control
the outbreak and prevent the spread of such disease, and such pro-
clamation when filed as hereinafter provided, shall prohibit the
owner or custodian of any dog within the designated territory. from
permitting or allowing such dog to be at large within such terri-
tory unless such dog shall be so effectively muzzled that it
cannot bite any other animal or any person.
It shall be the duty of all local peace officers and all health
officers to enforce the provisions of this act and any person viol-
310
LIVESTOCK SANITATION
ating any of its provisions shall be guilty of a misdemeanor.
Such proclamation, when issued by the executive officer of
a town or village board of health, shall be filed with the town or
village clerk, respectively; when issued by the chief health officer
of a city, it shall be filed with the city clerk; when issued by the
state official hereinbefore named, it shall be filed with the clerk
of each town, village and city within the territory specified therein.
It shall be the duty of each officer with whom such procla-
mation is filed as aforesaid, to forthwith publish a copy thereof in
one issue, at the expense of his municipality, in a legal newspaper
published in the town, village or city of which he is clerk, if such
a newspaper is published therein, and if there be no newspaper
published therein, then, to post a copy of such proclamation in
three public places therein.
Proof of publication shall be made by affidavit of the publisher
in the one case, and of posting, in the other, by the person posting
the same, which affidavit shall be filed with the proclamation.
Such proclamation shall be deemed effective and in full force
five days after the publication or posting of copies thereof, as
hereinbefore provided for, and shall remain in full force and effect
for a period of time therein designated not exceeding six months,
as shall be determined by the officer making such proclamation.
(35.68)
20.66. Dogs prohibited from running at large during period of
proclamation. —It shall be unlawful for the owner or custodian of
any dog to suffer or permit it to be at large either on the premises
of the owner or elsewhere, within any city, village or town wherein
and as to which any such proclamation shall have been made,
during the time such proclamation is in force, unless such dog
shall be effectually muzzled so that it cannot bite any other
animal or any person.
It shall be lawful for any person to kill any dog running at
large on the public streets or roads in violation of the provisions
of this act, and the owner or owners of any dog so killed shall
have no claim against the person so killing any such dog.
Any person violating the provisions of this act shall be guilty
of a misdemeanor. It shall be the duty of all peace officers and all
health officers to make complaint of any known violation of this
act.(35.69)
311
CHAPTER IX.- RELIEF OF THE POOR.
I. —GENERAL PROVISIONS.
30.00. Support of poor —Liability of relatives. —Every poor per-
son who for any reason is unable to earn a livelihood shall be
supported by his children, parents, brothers and sisters, grand-
children, or grandparents; and relatives having sufficient ability
shall be called on for such support in the order above named;
provided, that a person who becomes a pauper from intemperance
or other bad conduct shall not be entitled to support from any
relative except parent or child. Every such relative who refuses
or fails to support any poor person whom he is bound by law to
support, when directed by the board or council of the county, town,
city or village in which such person has a settlement, shall forfeit
and pay to such county, town, city or village, for the use of the poor
thereof, such amount as the court may determine, not exceeding $25
per month, to be recovered in any court having jurisdiction.
(261.01)
30.01. Failure to support —Recovery. —Whenever any relative
chargeable with the support of any poor persons fails or neglects,
after being directed by any town, city or village under the town
system of poor relief to furnish to such poor person support,
maintenance, burial, and in case of non-resident, expenses of
removal, any such town, city, or village furnishing the same may
recover in any court of competent jurisdiction from such relation
who is resident of this state any such sum so furnished by it,
whether such poor person is a resident of such town, city or
village or not.
In the event that said poor person shall have no relative charge-
able th'rewith, sorb town. city or village so expending the same
may after like notice recover from any town, city or village within
this state, which is charged by law with the support of such poor
person, any sum so expended. (261.02)
30.02. Liability of county, town, etc.-261.03. When any such
poor person has none of the relatives named in section 261.01,
(30.00 this manual) or they are not of sufficient ability, or refuse
or fail, to support him, he shall receive such support or relief as
the case may require from the county, town, city, or village in
which he has a settlement at the time of applying therefor, as
hereinafter provided, except that in determining the need or
amount of such support or relief the county, town, city, or village
shall exclude all sums received by members or dependents of such
poor person's family under the aid to the blind act. (261.03)
30.03. Relief claim against estate. —Whenever any person is
furnished or provided with support, maintenance, care or burial
as a poor person by any county, city, town, village or borough, the
municipality so furnishing such support. maintenance, care or bur-
ial shall have a claim therefor against said person or his or her
estate for the reasonable value thereof, which claim may be pre-
sented and prosecuted by said municipality, at its option, upon
discovery of any property belonging to said poor person or to his
or her estate. (261.04)
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RELIEF OF POOR
30.04. To be filed in probate court. —Such claims, when against
the estate of a deceased person, shall be filed in probate court, and
acted upon as in case of other claims. (261.05)
30.05. County or town systems. —The system of caring for the
poor In counties in which they are chargeable upon the county shall
be known as the county system. That in which they are chargeable
upon the towns, cities and villages thereof shall be known as the
town system. Every county shall continue under the system in
force therein at the time when the revised laws take effect, until
the same is changed as hereinafter provided. (261.06)
30.06. Change of system —Vote. —Whenever the county board
shall so determine, or if one-fourth of the voters of the county
shall petition therefor, the question of changing from the system
in force therein to either the town or county system shall be sub-
mitted to the voters of the county at the next general election.
The notices of such election shall state that the quesion will be
voed upon, and provisions for taking suhc vote shall be made upon
the blue ballots furnished therefor, as in the case of other questions.
If a majority of the votes cast thereon be in the affirmative, the
change shall take effect upon the first Monday of January next
thereafter. (261.14)
30.07. Place of legal settlement.-1. Every person, except
those hereinafter mentioned, who has resided two years continu-
ously in any county, shall be deemed to have a settlement therein,
if it has the county system; if it has the town system, he shall
have a settlement in the town, city or village therein in which he
has longest resided within two years. Every person who has resided
two years continuously in the state, but not in any one county, shall
have a settlement in the county in which he has longest resided
within such two years, if it has the county system; if it has the
town system, his settlement shall be in the town, city or village
therein in which he has longest resided within two years.
2. The time during which a person has received old age as-
sistance or aid to dependent children, or has been the inmate of a
hospital, old age home, or nursing home for the care of the invalid
or aged, or an institution, home or school for the mentally deficient
whether public or private, and the time during the pendency of
any suit to determine his legal poor settlement, and the time dur-
ing which a person has been an inmate of a poor house, jail, prison,
or other public institution, or under commitment to the guardian-
ship of the Commissioner of Welfare or the Director of Public
Institutions or one of its state institutions as a feeble-minded,
delinquent or dependent person, or a private agency authorized by
the commissioner to accept guardianship of children, or one of the
state institutions as a mental deficient, delinquent or dependent
person, and each month during which he has received relief from
the poor fund or any county or municipality or from funds supplied
by the State of Minnesota or the United States or any department
or departments thereof, except a recipient of assistance under the
aid to the blind act, supplied as direct relief or in providing work
on a relief basis and in lieu of direct relief, shall be excluded in
determining the time of residence hereunder.
3. Every minor not emancipated and settled In his own right
and not under guardianship of the commissioner of public welfare
or one of the state institutions as a feeble-minded, delinquent or
dependent person shall have the same settlement as the parent
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RELIEF OF POOR
with whom he has resided. Every child born in a state institution
shall have a settlement in the county in which the mother had a
legal settlement at the time she was committed to such institution.
Every minor not emancipated and settled in his own right and liv-
ing apart from his parents and not supported by his parents shall,
after receiving aid and support from others uninterruptedly for a
period of two years, acquire the settlement of the person with
whom he has resided for a period of not less than two years, pro-
vided, that a married woman, abandoned or deserted by her hus-
band for a period of one year continuously, shall thereafter have
the same right to acquire a new settlement as a single person.
4. The legal settlement of persons under commitment as in-
sane, feeble-minded, epileptic, inebriate or psychopathic personali-
ty, in so far as such persons are subject to the provisions of recip-
rocity agreements between the State and other states, shall be
gained upon a residence of one-half of the time required for the
gaining of legal settlement for poor relief purposes but shall other-
wise be subject to the same conditions and exceptions.
A settlement in this state shall be terminated and lost by;
(1) Acquiring a new one in another state;
(2) Voluntarily and uninterrupted absence from this state for
a period of one year with intent to abandon his residence in the
state. The time during which a person has been committed to a
public institution or hospital in a foreign state shall be excluded
in determining the period of absence from the state. Such com-
mitment shall not constitute an interruption of absence from the
state. (261.07)
30.08. Dispute between counties, etc. —Whenever a dispute
shall arise between political subdivisions within a county or
between two or more counties or between a county and a
political subdivision of another county or political subdivisions
of different counties as to the place of settlement of any poor
person, any such county or political subdivision may serve upon
the other or others a notice that it will on a day certain, not
less than five days after the service of such notice, apply to a
judge of the district court of the district in which the county or
political subdivision serving such notice lies for a determination
of the settlement of such poor person. Such judge shall at the
time fixed and without a jury hear the evidence adduced by the
parties to such proceeding, and shall forthwith make and file
his order determining the place of settlement of such poor
person. (261.08)
30.09. Removal. —The court, in its order determining said set-
tlement, shall provide for the removal of said poor persons to
their place of settlement as determined by said order; provided
the court may, upon a proper showing by the political subdivision
having the legal responsibility to support said poor persons, allow
said political subdivision to care for said poor persons in another
political subdivision, in which event said poor persons shall re-
tain their legal settlement in the political subdivision found as
determined by the order of the court until 30 days after it serves
314
RELIEF OF POOR
written notice upon the political subdivision where said poor per-
sons are residing that it has ceased to support said persons and
the political subdivision where said poor persons are residing shall
have the right upon 10 days' written notice to said poor persons
within said 30-day period to remove them to the political subdi-
vision as determined by said order of the court. (261.09)
30.10. Order shall determine. —The county or subdivision in
which such poor person shall by such order be found to be his set-
tlement shall thereafter be charged with his care and support.
(261.10)
While the statute provides for the removal of a pauper from
one place in the state to another therein when his settlement is In
the latter place, there is no provision for removing a pauper FROM
THE STATE and transportation charges to Colorado cannot be
legally paid. —Op. Atty. Gen.. Feb. 7. 1933.
30.11. Costs to be taxed. —The prevailing party shall be allow-
ed disbursements necessarily paid or incurred, to be taxed in the
manner provided in civil actions. (261.11)
30.12. Removal of poor person —Settlement. —When a poor per-
son is removed, as hereinafter provided, from one county, town,
city, or village to another, and the authorities thereof deny that he
is legally settled therein, they shall make temporary provision for
his care. If such removal was from one county to another county,
or to any town, city, or village to another, the authorities may pre-
sent the case to the state board of control; if the removal was from
one town, city, or village to another within the same county. they
may present the case to the county board. The board shall de-
termine the settlement of such person, and certify its findings, and
thereupon he shall become a charge upon the county, town. city,
or village in which such settlement is found to be, which shall also
pay the cost of caring for such person pending the investigation,
and of removing him to the place of his settlement, together with
the expense of such investigation, including the fees and mileage
of witnesses. and in the case of the state board, the expenses of
its committees or agents. But such findings of the board shall be
without prejudice in any litigation arising by reason thereof.
(261.12)
30.121. Appeal —New Hearing. —Any applicant or recipient
aggrieved by any order or determination of an officer or officers
of the political subdivision having jurisdiction of general relief
or general assistance, may appeal from such order or determina-
tion to the commissioner of public welfare. Before making such
appeal to the commissioner of public welfare, the applicant or
recipient shall give written notice to the officer or officers of the
political subdivision having jurisdiction, that he is not satisfied
with the decision made. The officer or officers of the political
subdivision having jurisdiction shall, within 30 days thereafter,
grant a new hearing. The officer or officers of the political sub-
division having jurisdiction may adhere to the decision already
made, or may modify its order. If the applicant or recipient is
then dissatisfied, he may, within 30 days after the mailing of such
order, appeal to the commissioner of public welfare as herein pro-
vided. The commissioner of public welfare shall. upon receipt of
such appeal, notify the officer or officers of the political subdivision
315
RELIEF OF POOR
having jurisdiction and review the case, giving the applicant or
recipient an opportunity for a fair hearing before the commission-
er of public welfare or his legal representative. An appeal may
also be taken if the application is not acted upon with reasonable
promptness by the officer or officers of the political subdivision
having jurisdiction. The commissioner of public welfare may upon
his own motion review any decision made by an officer or officers
of a political subdivision having jurisdiction. The commissioner of
public welfare may make such additional investigation as he deems
necessary. and shll make such decision as to the granting of as-
sistance and the amount and nature of assistance to be granted
the applicant or recipient as in his opinion is justified and in con-
formity with the provisions of sections 261.01 to 263.12. All de-
cisions of the commissioner of public welfare shall be binding upon
the political subdivision involved and the applicant or recipient
and complied with by the officer or officers of the political sub-
division having jurisdiction unless modified or reversed on appeal
as hereinafter provided. (261.123)
30.13. Bringing poor person into state. —Whoever without legal
authority shall send. carry. or remove. or cause to be sent. carried,
or remov-u. any insane, idiotic. or poor person from without the
state to any county therein, and there leave him, or cause him to
he left. with intent to make such county, or any town, city, or vil-
lage thereof, chargeable with his support or relief, or who with
like intent shall induce any such person so to remove, shall forfeit
$60. to he recovered by the treasurer of such county. town, city or
village. for the support of the poor therein, and shall, moreover,
be guilty of a misdemeanor. (261.13)
30.14. Commitment by member of county board. —When ap-
plication for relief or support is made to a member of the county
board by or for any poor person in his district, if satisfied that he
is in actual need. is a proper subject for public relief or support, and
is legally settled in the county, or has no legal settlement in the
state. he shall make and sign an order directing the overseer to
receive such person. and to furnish him with suitable support.
Such order shall contain or be accompanied by a statement of such
person's name, age, condition, former occupation, place of resi-
dence. and length of residence in the county. Upon delivery to him
of such order. the overseer shall receive such person, and provide
him with support until the further order of the board. The mem-
ber making such order shall report the facts in writing to the
board at its next session. (262.06)
30.15. Conveyance of poor persons. —When an order is made
directing an overseer to receive any poor person who is unable to
travel without conveyance at public expense, the board or member
making the same may, in writing, direct the sheriff or any nearby
constable to convey him to the place provided; and such officer
shall receive from the county reasonable compensation therefor.
(262.10)
30.16. Settlement in another county. —When application for
support or relief is made by a person whose settlement is in an-
other county, or in a town, city or village of another county, the
316
RELIEF OF POOR
board applied to, or its chairman, shall warn him to depart from its
county; and if he is unable or refuses to do so within a reasonable
time, and is likely to become a public charge, the chairman may
issue an order, under his hand and the seal of the board, to the
sheriff or any constable of the county, requiring him to convey such
person to the place of his settlement. If he be so sick, infirm, or
otherwise disabled as to render it unsafe or inhuman to remove
him, and is in immediate need of support or relief, provision there-
for shall be made in the manner prescribed in sections 3080, 3082.
All proper expenses incurred by such county in making such re-
moval, or in furnishing such support or relief, shall be paid by it,
and shall be a legal claim in its favor against the county, town.
city or village in which such person has a settlement. (242.11)
II. —TOWN SYSTEM.
30.20. Town board and councils to be superintendents —Relief.
—In counties having the town system, the town boards and city
and village councils shall be superintendents of the poor. A11
applications for aid shall be made to such boards or councils, which
shall grant such relief as they deem necessary, by paying for the
board and care of the applicants, providing transportation to their
homes, paying rent, making cash payments, furnishuig provision
clothing, fuel, and medical attendance, and burying the dead. They
shall allow no bill for goods furnished or services rendered to
a poor person, unless a member of such board or council shall
certify in writing that the account is correct and Just: that the
goods or services were necessary for his relief, were actually
delivered or rendered, and were of good quality; and that the prices
charged are reasonable. Every such bill shall specify the name of
the person for whom the goods or services were furnished or ren-
dered and the amount charged for each person. (263.01)
Where a town and village constitute one assessment district. and
the residents of the village exercise the right of franchise In the
township in all elections and the village has not levied any separate
tax for the support of its poor. the members of the town board are
superintendents of the poor residing within the corporate limits of
the village, and it is the duty of the town to support the poor resid-
ing within the corporate limits of the village. —Op. Atty. Gen., Jan. 25,
1933.
30.21. Member not to be interested, etc. —No member of any
such board or council shall be directly or indirectly interested in
furnishing supplies for the benefit of poor persons, or the erec-
tion or maintenance of any poor house or other place provided for
the reception of the poor, and no such member shall be a physician
for. or overseer of, the poor. Every person violating this section
shall be guilty of a misdemeanor. (263.02)
30.22. Powers and duties of supervisors and councils. —Each
board and council shall have the following powers and duties:
1. It may appoint a practicing physician to be physician of
the poor, who shall hold office during its pleasure, and receive
such compensation as it may from time to time determine. When
directed by a member of the board or council, such physician
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RELIEF OF POOR
shall attend upon and prescribe for any sick poor person entitled
to support or relief from the town, city, or village.
2. Whenever any person not having a legal settlement there-
in shall be taken sick, lame or otherwise disabled, or for any
other cause shall be in need of relief as a poor person, and shall
make application for relief to any such board or council of such
municipality, its chairman, mayor or president shall warn him
to depart; and if he is unable or refuses to do so within a rea-
sonable time and is likely to become a public charge, such chair-
man, mayor or president may, in writing require any constable or
marshal of the town, city, or village to convey him to the place
of his settlement, if he have a settlement in this state. If such
person is so sick or infirm as to render it unsafe or inhuman to
remove him, and is in need of immediate support or relief, the
board or council shall provide such assistance as it deems neces-
sary, and if he dies, shall give him decent burial. The expense
so incurred shall be paid by the town, city or village, and shall
thereupon become a charge against the county, except in counties
containing a city of the first class. Upon payment thereof, the
county may recover the same from the county, town, city or
village of such person's settlement, if he have any within this
state. Except in counties containing a city of the first class, such
board or council within five days after such person becomes a
public charge, the board or council shall notify the county auditor,
and thereupon the county board may take him in charge, or re-
lieve him in such manner as it may seem fit.
3. When any minor becomes chargeable upon any town, city
or village for support, the board or council, or a member thereof,
except in counties containing a city of the first class, shall apply
to the county board to secure him a home with some respectable
householder, if one can be found who will take him.
4. No poor person removed or departing from any political
subdivision to the political subdivision wherein he has a legal
settlement, as provided for in clause (2) hereof, shall return or
be returned to the political subdivision from which he has been
removed or departed for a period of at least 90 days after such
removal or departure. Any person who shall voluntarily return
and applies for support or relief within said ninety day period,
and any official of any county, city or town, who shall remove
any poor person in violation of the order of any court of this state
determining said poor person's settlement shall be guilty of a
misdemeanor. (263.03)
30.23. Poor house. —The county board of any county having the
town system may establish, maintain, and govern a county poor
313
RELIEF OF POOR
house in the same manner as in other counties. The cost thereof
shall be paid by the county; but at its July meeting in each year
the county board shall fix a weekly rate for each inmate, to be paid
to the county by the town, city, or village from which he comes.
The chairman of the town board or the president of the council may
sign commitments to such poor house, and designate some officer
of his municipality to convey any poor person thereto; the expense
thereof to be paid from the town, city or village poor fund. The
overseer of such poor house may discharge any inmate who, in his
Judgment, is capable of self-support, or who is ordered discharged
by the officer by whom he was committed; and, when necessary, he
may furnish transportation to a discharged inmate, at the expense
of the county, to the place from which he came. (263.04)
30.24. Taxes, how levied. —In counties having the town system,
the voters of each town at their annual meeting, and the council of
each city and village annually, shall levy upon the property taxable
therein a tax in such amount as shall seem necessary for the sup-
port and relief of the poor. Such tax shall not be less than one
mill upon each dollar of the assessed valuation, unless there be in
the poor fund at least $50 above the amount or orders outstanding.
The clerk shall certify to the county auditor such levy, or the fact
that no tax is necessary. If a tax be levied, the auditor shall calcu-
late the rate, and extend the same; and, if no certificate be made,
he shall levy and extend a tax of one mill on the dollar upon the
property taxable in the town, city, or village in default. The pro-
ceeds of such tax shall be paid to the treasurers of the towns,
cities, and villages. (263.05)
30.25. Allowance to towns on change from county system. —The
county board .;f any county which has changed from the county
system to the town system may appropriate out of the poor fund
such sum as it may deem advisable to reimburse any town, city, or
village in its county for money expended or indebtedness incurred
for the care of the poor therein, if it shall have expended or in-
curred an indebtedness of not less than $300 for that purpose with-
in the year preceding its application for such allowance. (263.06)
30.26. Counties to pay portion of poor expense in certain cases.
—In all counties in this state wherein the poor are cared for under
the town system, if the expense incurred by any town, village or
city of the third or fourth class however organized, for the care
of the poor therein in any calendar year exceeds an amount in
excess of one mill on the taxable value of property in such town,
village or city of the third or fourth class for that year, then
and in that event the chairman of such town board and the clerk
thereof or president of village council and recorder or the mayor
319
RELIEF OF POOR
of such city (of the third or fourth class) and the clerk thereof
as the case may be shall certify to the county auditor a statement
showing when, for what purpose, the amount and to whom expense
was incurred by such town, village or city (of the third or fourth
class) in the care of each named pauper. The county auditor shall
lay such statement before the county board at its meeting next
following the receipt thereof. Of such annual expense seventy-five
per cent of the amount in excess of one mill on the taxable
value of property in such town, village or city (of the third or
fourth class) shall be a claim against the county, and if such
statement is deemed by the county board to be correct, the
same, to the extent herein prescribed, shall be allowed and paid
by the county to the treasurer of such town, village or city (of
the third or fourth class) who shall credit the sum so paid to
the poor fund of the town, village or city (of the third or fourth
class.) (263.09)
30.27. Liability of counties under town system. —In all coun-
ties of this state wherein the poor are cared for under the town
system, if the expense incurred by any town, village or city, how-
ever organized, for the care of the poor therein, in any calendar
year, exceeds an amount in excess of one mill of the taxable value
of real and personal property in such town, village or city for that
year, the county in which said town, village or city is situated,
shall be liable for seventy-five per cent of the amount in excess
of such one mill on the taxable value of real and personal property
in such town, city or village.
30.28. County board shall estimate. —The county board, at
its first meeting in January of each year, shall estimate the amount
which it shall deem necessary for such purpose, and shall include
in the tax levy a sufficient amount of taxes to pay the expenses of
such poor relief, and same shall be extended against all property
within such county.
30.29. Officers, to certify levies. —In all towns, cities and vil-
lages, in counties wherein the poor are cared for under the town
system, the chairman and clerk of the town, in case of towns,
or the president and clerk of the village council, in case of villages,
or the mayor and clerk of the city, in case of cities, as the case may
he. shall certify to the county auditor. a statement showing when.
for what purpose. the amount and to whom expense was incurred
by such town, village or city, in the care of each named poor per-
son. The county auditor shall lay such statement before the coun-
ty board at its meeting next following the receipt thereof. If sucb
statement is deemed by the county board to be correct, the amount
so certified shall be a claim against the county to the extent of the
liability of the county as stated in Section 1 hereof. and shall be
allowed and paid by the county to the treasurer of such town, vil-
lage or city. who shall credit the sum so paid to the poor fund of
the town, city or village. (263.11)
30.30. Act shall not apply. — This act shall not apply to any
county in this state now or hereafter having a city of the first
class in which city is located 65 per cent or more in value of the
taxable property of the county. (263.10-263.12)
30.31. Change from county to town system —Money to be paid
320
RELIEF OF POOR
to town treasurers. —That whenever the system for relief of the
poor in any county is changed from the county system to the town
system and there has been levied or assessed for the year in which
such change occurs, a tax for the poor fund of such county under
such county system, 80 per cent. of the moneys received by such
county for such tax shall be paid over to the treasurers of the
various towns, villages and cities of such county in the manner
hereinafter provided. (263.07)
30.32. County auditor to refund taxes collected. —That on the
20th day of March, and the 20th day of June and the 20th day of
November in each year, the auditor of such county shall compute
the amount of taxes collected for such poor fund from the tax-
payers of each town, village or city in such county, and which then
remains in the treasury of such county, and shall draw his warrant
in favor of the treasurer of each of such towns, villages and cities
for 80 per cent. of the amount received from such town, village or
city, and the same shall be forthwith paid by the treasurer of such
county. (263.07)
30.33. Poor fund constituted The moneys so paid to the treas-
urers of such towns, villages and cities shall cog,t.itute the poor
fund for such towns. villages and cities for the year in which such
change is made. (263.07)
30.34. Auditor to compute amount due to townships and issue
warrants for same. —That whenever the system for relief of the
poor in any county is changed from the county system to the town
system and there remains in the county poor fund a surplus which
has been levied or assessed as a tax for the poor fund of such
county under such county system for the years prior to the year in
which such change occurred and which then remains in the treas-
ury of such county, the auditor of such county shall compute the
amount of taxes collected for such poor fund from the taxpayers of
each town. village or city in such county and shall draw a war-
rant for the pro rata amount received from such town, village or
city, and the same shall be forthwith paid by the treasurer of such
county to the treasurers of the respective towns, villages or cities
of said county. (263.08)
30.35. Same —Duty of auditor —Poor fund. —The money so paid
to the treasurers of such towns. villages or cities shall become
a part of the poor fund of such town, village and city and shall be
used for no other purpose. (263.08)
30.36. State board of control to co-operate with child welfare
board. —The director of social welfare and the several county child
welfare boards within their respective jurisdictions, upon request
of county boards, city, village or borough councils, town boards. or
other public boards or authorities charged by law with the adminis-
tration of the laws relating to the relief of the poor. may cooperate
with such boards and authorities in the administration of such laws.
(256.96)
30.37. Powers of governing body of town, city or village. —
In addition to all other powers now or hereafter by law conferred
upon the governing body of any town, city or village, authority is
321
RELIEF OF POOR
hereby givon to receive and accept for their town, city or village
real or personal property, encumbered or unencumhered, by gift,
devise, conveyance or otherwise, from any person whose care, sup-
port, treatment or maintenance in whole or in part, under the
laws relating to poor relief, is or may be chargeable to, furnished,
or provided by such town, city or village, and to hold or dispose
of the same for the benefit of such town, city or village as provided
by law in the case of other property belonging to such town, city
or village, and the payment and discharge of any lien or encum-
brance upon any such property is authorized when such governing
body determines that such payment is advisable and for the best
interests of such town, city or village. (261.05)
30.38. Town, city or village may borrow funds for poor re-
lief. —Each political subdivision of the state charged by law with
responsibility for the support or relief of poor persons having a
legal settlement therein is hereby granted authority to borrow
funds and pledge the credit of such political subdivision to meet
the expense thereof and to make such loans either from the State
of Minnesota, the federal government, or from private sources when
necessary for the support or relief of said persons; provided, how-
ever, that this Act shall not be construed as increasing the limit
of debt, if any, prescribed by the special law or home rule charter
or general law under which any political subdivision is organized.
(261.16)
30.39. Public charity bureau. —The village council of any
village now or hereafter having a population of more than 8,000
inhabitants may establish and maintain a public charity bureau
for the purpose of providing public charitable relief to the poor
therein, and to assist ex -service men in securing hospitalization,
sick relief, Federal Aid or benefits, and for the relief generally of
such persons, and to defray the expense thereof.
30.40. Federal Commodity Stamp Plans and Federal Com-
modity Programs. —Section 1. Any county, county welfare board,
city, town, village, borough or other subdivision of the state
of Minnesota or any public relief or social welfare agency or rep-
resentative of any one of them may, in the furtherance of any
federal commodity or commodity stamp plan or program, assist,
actively co-operate with and act as agent of the federal, state or
local governments or any agency of any one of them.
Section 2. (a) Any county, county welfare board, city, town,
village, borough or other subdivision of the State of Minnesota or
any agency of any one of them authorized to expend public moneys
for the direct relief of the poor is hereby empowered to acquire
and distribute to its poor, federal commodities and commodity
stamps in lieu of other relief for the same needs, to transfer or
deposit therefor cash in advance and to defray administrative
expenses incurred in such acquisition and distribution including
bond and insurance premiums from moneys available for direct
relief and social welfare purposes.
322
RELIEF OF POOR
(b) In any county operating under the township system of
caring for the poor, and containing a city of the first class operat-
ing under a home rule charter, wherein there is established in
such city a Board of Public Welfare for the administration of
poor relief in such city, such Board of Public Welfare shall be
the exclusive agency to acquire and dispose of such federal com-
modities and commodity stamps in such city. Such city of the
first class is hereby empowered to create and establish a com-
modity stamp fund. Moneys for said fund shall be made avail-
able from the poor fund of such city and by contributions from
federal and state funds, if any, made available for direct relief
purposes. Said commodity stamp fund shall not exceed the sum
of $150,000. In such counties the township system of caring for the
poor shall be continued, and the towns, villages and cities of the
third and fourth class therein desiring to participate in said
federal commodities and commodity stamp plans, are hereby em-
powered to contract with each other and with the federal gov-
ernment or any agency thereof to create and establish a central
representative agency to be designated as the suburban agency.
Said suburban agency shall be empowered to acquire and dispose
of federal commodities and commodity stamps in the manner pro-
vided for in Section 2, subdivision (a), and Section 3 of this act,
and to perform all other acts, obligations and duties undertaken
by the terms of any agreement authorized in this section. The
participating towns and municipalities are hereby empowered to
create and establish a commodity stamp fund, and to establish a
fund to defray administration expenses of said suburban agency,
and to transfer said funds to the exclusive custody of said agency.
Cost of administration and other expenses of said agency, including
bond and insurance premiums, shall be paid on a pro rata basis.
Moneys for the commodity stamp fund established by such par-
ticipating towns and municipalities shall be made available by
contributions from their respective poor funds, and from con-
tributions from federal and state funds, if any, made available
for direct relief purposes. Said stamp fund shall not exceed the
sum of $30,000. The suburban agency shall quarterly give a full
and complete accounting and report to the participating towns
and municipalities in the manner and form as prescribed by the
public examiner and approved by the attorney general. Both the
commodity stamp fund of said city of the first class and the com-
modity stamp fund for said suburban agency shall consist of the
original moneys transferred to it, the stamps acquired and the
proceeds of disposition. Such commodity stamp funds shall remain
inviolate during the operation of said stamp plan program, and
that no part thereof shall be used to defray administration or any
other expenses whatsoever.
Section 5. The governmental subdivisions named in Section
2 of this act may, for the purpose of that section, borrow money
in the manner provided by law for direct relief or social welfare
purposes or both.
Section 6. Any governmental subdivision of the State of Min-
nesota authorized to expend public moneys for the direct relief
of its poor is hereby empowered to contribute to the fund and,
for such purpose may borrow money in the manner provided by law
for direct relief or social welfare purposes or both.
Note: (261.201 etc., is long, consists of 8 sections and includes
323
RELIEF OF POOR
in addition many subdivisions. We have inserted as above Section
1 and part of 2, covering the essentials, affecting towns and sub-
urban agencies. Also we have inserted in full Sections 5 and 6.
The towns and villages which are interested in the details of the
system will do well to read carefully the remainder of the act
as it covers accumulation of money for the purpose of purchasing
stamps by contribution, by borrowing and gives the details in each
case.
t
9
324
CHAPTER X.
NON -INTOXICATING MALT LIQUORS
40.00. Non -intoxicating malt liquors —Regulation of wholesale
and retail vendors. —There is hereby conferred upon the governing
body of each county, city, village, and borough in the state, the
authority to license and regulate the business of vendors at retail
or wholesale of non -intoxicating malt liquors within their re-
spective jurisdictions, to impose a license fee therefor and to pro-
vide for the punishment of any violation of any such regulations
according to the provisions of law; provided, that no such business
may be licensed by the county board to be located in any town,
unless the consent of the governing body of such town, if organized,
is filed with the application for such license. Before any town
board shall give consent to the issuance of any license by the
county board in their township, they shall have secured the written
recommendation and the accompanying statement provided for in
the following paragraph.
No license shall be issued or renewed by the county board attcr
application has been made therefor until said county board shall
have secured the written recommendation of the sheriff and of the
county attorney. Said recommendation shall be accompanied by
a statement attesting that to the best of their knowledge the appli-
cant has not, within a period of five years prior to the date of such
application, violated any law relating to the sale of non -intoxi-
cating malt liquor or of intoxicating liquor and that in their judg-
ment the applicant will comply with the laws and regulations
relating to the conduct of said business in the event said license is
issued or renewed. Before issuing or renewing any license, the
County Board shall consider the recommendation of the sheriff
and the county attorney, the character and reputation of the ap-
plicant, the nature of the business to be conducted and the type of
premises and propriety of the location of said business.
Persons holding licenses shall not permit any minor to loiter
or remain in the room where non -intoxicating malt liquor is being
sold or served unless accompanied by his parent or legal guard-
ian. No license shall be issued or renewed if the applicant within
a period of five years prior to the date of such application has been
convicted of violating any law relating to the sale of non -intoxi-
cating malt liquor or of intoxicating liquor. (340.01)
40.000. Division of fees. --One-half of the fee received by the
county for license to sell non -intoxicating malt liquors at whole-
sale or retail, in any town in the county shall be paid to the town
board where such business is located. (340.013)
40.01. Vendors must be licensed —Two kinds of license —To
whom issued.-1. It shall be unlawful to sell non -intoxicating malt
liquors, at retail, or wholesale, except when licensed as hereinafter
provided. There shall be three kinds of licenses, viz:
(2) "Retail On Sale" licenses shall permit licensee to sell
such non -intoxicating malt liquors for consumption on the licensed
325
NON -INTOXICATING MALT LIQUORS
premises and the license therefor shall be $10 per annum, unless
the county, city, village or borough wherein the premises are situ-
ated shall fix a higher fee to be paid to such county, village, city or
borough. On sale licenses shall be granted only to drug stores,
restaurants, hotels and bona fide clubs and establishments for the
sale of non -intoxicating malt beverages, cigars, cigarettes, all
forms of tobacco, beverages and soft drinks at retail; provided,
that no manufacturer or wholesaler of such non -intoxicating malt
liquor shall have any ownership, in whole or in part, in the business
of any licensee holding an "on sale" license. A bona fide club
under this act is an organization for social or business purposes or
for intellectual improvement, or for the promotion of sports, where
the serving of such non -intoxicating malt liquors is incidental and
not the major purpose of the club.
(3) "Retail Off Sale" licenses shall permit the licensee to sell
non -intoxicating malt liquor in original packages for consumption
off the premises only, and the license fee therefor shall be not
more than $15.00 per annum. (340.02)
(4) The liquor control commissioner may issue an "on sale"
license to any railroad company operating within the state which
shall permit such railroad company to sell non -intoxicating
malt liquors in its dining cars, buffet cars, cafe cars and observa-
tion cars; such company shall keep a duplicate of such license
posted in each car where such malt liquors are served. Each rail-
road company applying for such license shall pay to the liquor
control commissioner a fee of $25 for such license and $2.00 for
each duplicate thereof, which fee shall be paid into the state treas-
ury. The commissioner may issue wholesale licenses upon applica-
tion and payment of a license fee of $10 per annum, which license
shall permit the licensee to sell non -intoxicating malt beverages to
holders of on or off -sale retail licenses. The fee therefor shall be
paid into the state treasury. Any person licensed under Minnesota
Statutes, Section 340.402 shall not be required to obtain any such
liquor license and may sell non -intoxicating malt beverages at
wholesale without further license.
(5) A manufacturer of non -intoxicating malt liquor may, with-
out license, sell such liquor to licensed dealers holding either "on
sale" or "off sale" licenses and may sell and deliver the same in
quantities of not less than two gallons, direct to consumers at their
homes.
(6) No manufacturer of non -intoxicating malt liquor, nor any
affiliate or subsidiary company of such manufacturer, shall sell
such liquor except as herein restricted. An affiliate or subsidiary
company shall be one in which such manufacturers or its stock
holders own a majority of the stock.
(7) Licenses hereunder shall be issued only to persons who
are citizens of the United States and who are of good moral char-
acter and repute, who have attained the age of 21 years and who
are proprietors of the establishment for which the licenses are
issued.
(8) This section is lengthy, and prohibits any manufacturer
or wholesaler from furnishing fixtures and equipment to retail
326
NON -INTOXICATING MALT LIQUORS
accounts and likewise prohibits financial assistance to retailers
by manufacturers and wholesalers. Certain practices, however,
are permitted.
(9) Any manufacturer or wholesaler who, within ten days of
the effective date of this law, owns any furniture or fixtures In
possession of any retailer may, within ninety days of such effective
date, sell the same to such retailer only for cast on delivery and
deliver a bill of sale to the same.
(10) Contracts requiring retailers to purchase non -intoxicating
malt liquors from any manufacturer or wholesaler, to the exclusion,
in whole or in part of other manufacturers or wholesalers, are for-
bidden by this section.
(11) Retailers violating the foregoing section, are declared to
be equally guilty with the wholesaler or manufacturer involved.
(12) Violation of subdivisions (8) and (10) are declared to be
a gross misdemeanor.
40.02. Sale of non -intoxicating malt liquor. —.No license for
the sale of non -intoxicating malt liquor, containing not more
than 3.2% of alcohol by weight, shall be issued to any person who
is also the owner and holder of, or to whom there is hereafter
issued, a Federal retail liquor dealers special tax stamp for the
sale of intoxicating liquor at any place unless there has also been
issued to such person a license to sell intoxicating liquor pur-
suant to the laws of this state at such place; and the non -intoxi-
cating malt liquor license of any person who is also the owner
and holder of, or to whom there is hereafter issued, such Federal
retail liquor dealers special tax stamp, and who does not have a
license to sell intoxicating liquors pursuant to the laws of this
state for such place, shall be forthwith revoked by the govern-
ing body issuing the same, without notice and without a hearing
on such revocation.
Section 2. Any person who sells non -intoxicating malt liquor,
containing not more than 3.2 per cent alcohol by weight, while
holding or exhibiting in his place of business a federal retail liquor
dealer's special tax stamp, without having an intoxicating liquor
license under the laws of Minnesota, shall be guilty of a mis-
demeanor. (340.025)
40.03. Non -intoxicating malt liquors —hours of sale. —No sale
of non -intoxicating liquor shall be made on any Sunday between
the hours of one a. m. and twelve o'clock noon, nor between the
hours of one a. m. and eight o'clock p. m., on any election day in
the district in which the election Pull be held. No sale shall be
made between the hours of one a. m. and eight a. ra. on any week-
day Monday through Saturday inclusive. (340.021)
Section 2. It shall be beyond the power of any political sub-
division of this state to authorize or permit the sale of non -intoxi-
cating malt liquors at hours when such sale is prohibited by the
provisions hereof, but such political subdivisions may, within the
time the laws of this state permit such sale, further limit the hours
of sale of non -intoxicating malt liquors, provided such limited
hours for sale shall apply to both non -intoxicating malt liquors
and intoxicating liquors.
Section 3. Any violation of this act shall be punished as a
misdemeanor and shall be cause for the revocation or suspension
of the license of the offender.
327
NON -INTOXICATING MALT LIQUORS
Section 4. All acts and parts of acts inconsistent herewith are
hereby repealed and superseded by this act. [3200-10a, b, c, d, 1940
Supplement].
40.04. Sale to minors. — It shall be unlawful for any:
(1) Licensee or his employee to sell or serve non -intoxicat-
ing malt liquor to any minor or to permit any minor to consume
non -intoxicating malt liquor on the licensed premises unless ac-
companied by his parent or legal guardian;
(2) Person other than the parent or legal guardian to pro-
cure non -intoxicating malt liquor for any minor;
(3) Person to induce a minor to purchase or procure non -
intoxicating malt liquor;
(4) Minor to misrepresent his age for the purpose of ob-
taining non -intoxicating malt liquor;
(5) Minor to have in his possession any non -intoxicating malt
liquor, with intent to consume same at a place other than the
household of his parents or guardian.
(6) Possession of such non -intoxicating malt liquor at a
place other than the household of his parent or guardian shall be
prima facie evidence of intent to consume the same at a place
other than the household of the parent or guardian. (340.03)
40.06. Violation, penalties. —Any person violating the provisions
of this act shall be guilty of a misdemeanor. (340.04) Also see
Section 50.081 this Manual.
40.07. Repeal of inconsistent laws. —All laws and parts of laws
inconsistent herewith are hereby repealed, but this shall not be
construed as repealing any law or ordinance relating to the sale
of intoxicating liquor. Nothing herein contained shall apply to non -
intoxicating malt liquor containing less than one-half of one per
cent of alcohol by volume.
40.08. Effect. —This act shall take effect and be in force from
and after its passage.
40.09. Sale of foods, tobaccos, etc., with malt beverages. —In
villages and cities of the fourth class situated in any county con-
taining a city of the first class and having a population of more
than 450,000 persons, the sale of food, cigars, cigarettes, all forms
of tobacco, non -intoxicating malt beverages, and soft drinks in any
exclusive liquor store having an 'On sale' license may be permitted
by the governing body of such municipality. (341.06)
40.10. Fermented malt beverages. —'Fermented malt beverages'
shall mean any liquor or liquid capable of being used for beverage
purposes, made by the alcoholic fermentation of an infusion in
potable water or barley malt and hops, with or without unmalted
grains or decorticated and degerminated grains or sugar, contain-
ing one-half of one per centum or more of alcohol by volume. No
fermented malt beverages shall be sold in this state after July 1st,
1937, unless sixty-six and two-thirds per cent (66%%) or more of
the grain used in its manufacture consists of barley malt. § 1.
40.11. Samples for analysis. —The Department of Agriculture,
Dairy and Food shall be charged with the enforcement of this
328
L.
NON -INTOXICATING MALT LIQUORS
Act, and is hereby authorized and directed to procure samples on
the open market tor chemical analysis. § 2.
40.12. Violations a misdemeanor. —Any violation of this act
shall be a misdemeanor and punishable accordingly.
40.13. May refund portion of license fee. —In case during the
term of any "off sale" or "on sale" non -intoxicating malt, or intoxi-
cating liquor license, the place of business of any licensee shall be
destroyed or so damaged by fire, or otherwise, that the licensee
shall cease to carry on the licensed business, or in case the busi-
ness of the licensee shall cease by reason of his illness or death
or if it shall become unlawful for the licensee to carry on the
licensed business under his license, except when such license is
revoked, the licensing authority may upon the happening of any
such event refund to the licensee or to his estate such pact of
the license fee paid to him as corresponds to the time such
license had yet to run. Provided, however, that in case of the
death of any licensee of any "off sale" or "on sale" non -intoxicat-
ing malt or intoxicating liquor, his personal representative is hereby
authorized to continue operation of said business for not more
than 90 days after the death of such licensee. This act shall apply
to licenses issued after January 1, 1944. Chapter 226, Laws 1945.
50.081. Revocation of licenses where gambling permitted. —
Definitions. Subd. 1.—For the purposes of this actfi unless a differ-
ent meaning is indicated by the context, the words, terms, and
phrases defined in this section shall have the meanings given them.
Subd. 2. "Gambling devices" means slot machines, roulette
wheels, punchboards, number jars, and pinball machines which
return coins or slugs, chips, or tokens of any kind, which are re-
deemable in merchandise or cash.
Subd. 3. "Person" means an individual, a co -partnership, an
association, a corporation or any other entity or organization.
Subd. 4. "Municipality" means any county, city, village, bor-
ough or town.
Subd. 5. "License" includes permits of every kind, nature and
description issued pursuant to any statute or ordinance for the
carrying on of any business, trade, vocation, commercial enter-
prise or undertaking.
Subd. 6. "Licensee" means any person to whom a license of
any kind is issued, but does not include a common carrier trans-
porting, or a public warehouseman storing, any gambling device
for hire, or a manufacturer or distributor of such devices keeping
the same only for the purpose of sale or distribution to others or
repairing of same.
Subd. 7. "Licensed business" means any business, trade, vo-
cation, commercial enterprise, or undertaking for which a license
is issued.
Subd. 8. "Licensed premises" means the place or building, or
the room in a building, designated in the license as the place
where the licensed business is to be carried on, and all land
adjacent thereto and used in connection with and in the operation
of a licensed business, and all adjacent or contiguous rooms or
buildings operated or used in connection with the buildings where
the licensed business is carried on. If no place is described in
329
NON -INTOXICATING MALT LIQUORS
any license, then "licensed premises" means the building or place
where the licensed business is carried on under such license.
Subd. 9. "Issuing authority" and "authority issuing the license"
mean and include the officer, board, bureau, department, com-
mission, or agency of the state, or of any of its municipalities, by
whom any license is issued and include the councils and govern-
ing bodies of all municipalities. (325.53)
Possession of gambling device. Subd. 1...The intentional pos-
premises is cause for the revocation of any license under which
session or wilful keeping of a gambling device upon any licensed
the licensed business is carried on upon the premises where the
gambling device is found.
Subd. 2. All licenses under which any licensed business is per-
mitted to be carried on upon the licensed premises shall be revoked
if the intentional possession or willful keeping of any such
gambling devices upon the licensed premises is established, not-
withstanding that it may not be made to appear that such devices
have actually been used or operated for the purpose of gambling.
(325.54)
Issuing authority to revoke. —The proceedings for revocation
shall be had before the issuing authority, which shall have power
to revoke the license or licenses involved, as hereinafter pro-
vided. (325.55)
Peace officers to inspect. —Every sheriff, deputy sheriff, con-
stable, marshall, policeman, police officer, and peace officer shall
observe and inspect the premises where occupations are carried
on under license and ascertain whether gambling devices are
present thereon and immediately report the finding thereof to
the authority or authorities issuing the license or licenses applic-
able to the permises in question. (325.56)
Proceedings; order to show cause. —Upon the receipt of such
information from any of the peace officers referred to in Section
4, if any issuing authority is of the opinion that cause exists for
the revocation of any such license, then that authority shall issue
an order to show cause directed to the licensee of the premises,
stating the ground upon which the proceeding is based and re-
quiring him to appear and show cause at a time and place, within
the county in which the licensed premises are located, not less
than ten days after the date of the order, why his license should
not be revoked. That order to show cause shall be served upon
the licensee in the m+tnner prescribed by law for the service of
summons in a civil action, or by registered mail, not less than
eight days before the date fixed for the hearing thereof. A copy
of the order shall forthwith be mailed to the owner of the prem-
ises, as shown by the records in the office of the register of
deeds, at his last known postoffice address. A copy of the order
shall at the same time be mailed to any other issuing authority,
of which the authority issuing the order to show cause has
knowledge, by which other licenses to that licensee may have been
issued, and any such authority may participate in the revocation
proceedings after notifying the licensee and the officer or authority
holding the hearing of its intention so to do on or before the date
330
l
NON -INTOXICATING MALT LIQUORS
of hearing, and after the hearing take such action as it could
have taken had it instituted the revocation proceedings in the
first instance. (325.57)
Revocation of license. Subd. 1. If, upon the hearing of the
order to show cause, it appears that the licensee intentionally pos-
sessed or wilhully kept upon his licensed premises any gambling
device, then the license or licenses under which the licensed busi-
nss is operated on the licensed premises, shall be revoked. The
order of revocation shall not be enforced during the period allowed
by section 10 for taking an appeal.
Subd. 2. Limitation new license. No new license or licenses
for the same business upon the same premises shall be issued for
the period of one year thereafter, except as hereinafter provided.
(325.58)
County attorney. The county attorney of the county in which
the hearing is held shall attend the hearing, interrogate the wit-
nesses, and advise the issuing authority. He shall also appear for
the issuing authority on an appeal taken pursuant to the provisions
of Section 325.62. (325.59)
Witnesses. The issuing authority may issue subpoenas and
compel the attendance of witnesses at any hearing. Witnesses duly
subpoenaed and attending any such hearing shall be paid fees and
mileage by the issuing authority equal to the fees and mileage paid
witnesses in the district court. (325.60)
Owners liability. When a license is revoked under the provi-
sions of this act, the owner of the premises upon which any
licensed business has been operated shall not be penalized by
reason thereof unless it is established that he had knowledge
of the existence of the gambling devices resulting in license
revocation. (325.61)
Appeal. Any licensee, or any owner of licensed premises,
aggrieved by an order of an issuing authority revoking any license,
may appeal from that order to the district court of the county
in which the licensee resides by serving a notice of his appeal
upon the issuing authority or the clerk thereof. The notice of ap-
peal shall state that the person appealing takes an appeal to that
district court from the order revoking the license or licenses, de-
scribing them and identifying the order appealed from. This notice
shall be served within 15 days from the date of service of the order
appealed from, and the same, with proof of service thereof, shall
be filed with the clerk of the district court of the proper county.
The appeal shall stand for trial at the next term of the district
court following the filing of the notice of appeal, without the
service of any notice of trial, and shall be tried in the district
court de novo. The trial shall be by jury if the appellant shall
so demand. The licensee may continue to operate the licensed
business or businesses until the final disposition of such appeal.
If the district court upon the appeal shall determine that any
license involved in the appeal should be revoked, it may, never-
theless, in its discretion permit the continuance of the licensed
business under a bond in the amount and in the form and con-
taining the conditions prescribed by the court. The district court
331
NON -INTOXICATING MALT LIQUORS
on the appeal, or in a separate proceeding, may permit the issuance
of a new license to a different licensee before the expiration of
the period of one year specified in subdivision 2 of section 6, upon
such terms and conditions imposed by the court as will insure
that no gambling device shall thereafter be maintained upon the
licensed premises. (325.62)
332
CHAPTER XI, -PUBLIC DANCE HALLS.
60.00. Definition. —A public dancing place, as the term is used
in this act, shall be taken to mean any room, place or space
open to public patronage in which dancing, wherein the public may
participate, is carried on and to which admission may be had by the
public by payment either directly or indirectly of an admission fee or
price for dancing. A public dance, as the term Is used in this act,
shall be taken to mean any dance wherein the public may participate
by payment, either directly or indirectly, of an admission fee or
price for dancing or a fee for a membership in a club, and shall
include any manner of holding a dance which may be participated
in by the public through the payment of money, directly or indi-
rectly. Wherever used in this act the term "intoxicating liquor"
and "liquor," "sell" and "sale" shall be given the same meaning,
respectively, as is prescribed therefor in § 1 of Chapter 455, Laws of
Minnesota for 1919, and acts amendatory thereof. (617.42)
60.01. Proprietors must obtain permits. —It shall be unlaw-
ful for any person to give, hold or conduct a public dance unless
the owner or proprietor of the public dancing place, or the person
giving the same or in charge thereof, shall first have Procured a
permit to hold, give and conduct such public dance from the pub-
lic authorities hereinafter designated, as hereinafter provided.
(617.43)
Note to 60.01. The application for permit, order for permit, and
permit can be obtained from Walter S. Booth & Son, Inc. The num-
bers are 320, 321 and 322.
60.02. Who shall issue permit. —In all cities, villages and bor-
oughs of this state said permit must be procured from the gov-
erning body of the municipality; provided however, that in any
county within which there now exists a city having a population
of 225.000 inhabitants or more, such permits may be issued only
by the Town Board of the town within which such public dance
is to be held except when said public dancing place is owned by
the municipality and the dance to be given or held therein is to
be given by and under the supervision of the public authorities
of said municipality. In all other cases such permit must be pro-
cured from the county board of the county in which said public
dance is to be held. Such permits may be issued for one or more
public dances or for a period of time not exceeding one year, pro-
vided that in any case where a permit for one single dance is de-
sired, the Town Board of the town where the dance is to be held
shall have a right to grant the same, but any person owning or
operating a dance pavilion or dance hall in any such town
where dances are regularly held during the year or a part thereof,
must make application for such dance permit to the County Com-
missioners and provided, that this shall not apply as hereinbefore
stated to counties having a population of 225,000 or more. Said
permit shall be issued at a fee and under such conditions as such
governing body or county board may prescribe. not inconsistent
with the provisions of this act. Provided no such permit shall be
granted in any organized town outside of the limits of any city
333
PUBLIC DANCE HALLS
or village, in which town the town board shall pass a by-law or
resolution prohibiting public dances therein. (617.44)
60.03. Application —Permit to be posted. —Any person or per-
sons desiring a permit to hold, give or conduct a public dance
shall make application therefor by filing with the city clerk, village
recorder, or county auditor, as the facts may require, a verified ap-
plication, setting forth the name and address of the person, per-
sons, committee or organization who are to give, hold, and conduct
the same, the time and place where said public dance is to be
held, and the area of the dance floor where dance is to be given.
Said application shall thereupon be presented to said governing
body or to said county board at its next meeting for action. Said
governing body or said county board may refer said application to
the chief peace officer of the municipality or to the sheriff of the
county for investigation and report before granting the same. Said
governing body or said county board shall thereupon act upon said
application and either grant or reject the same. In case the same
is granted, the governing body or county board shall fix the fee to
be paid by the applicant for such permit and shall direct the
proper officers to issue the same upon the payment of said fee and
upon payment of the expense of the investigation herein provided
for in case such investigation is made. Said permit shall specify
the names and addresses of the persons to whom issued, the
amount paid therefor, and the time and place where said public
dance is to be held. Said permit shall be posted in a public place
in the dance hall described therein during the time the public dance
mentioned therein is being given, and the persons named in said
permit shall be responsible under the law for the manner in which
said public dance is being held and conducted. Provided that such
permit may be acted upon at any special meeting of said govern-
ing body or county board, whether included in the call for such
$necia1 meeting or otherwise. (617.45)
60.04. Who may make application. —All applications for such
permit shall be made upon blanks furnished by the city, village,
or county as the case may be and shall be accompanied by the
affidavit of two free -holders and shall affirmatively show by the ap-
plication and affidavits that the applicant is a person of good moral
character and reputation in the community in which he lives and
that the applicant has not, within live years prior to the making
of such application, been convicted of a felony, gross misdemeanor,
or of any of the provisions of this act, and no such application
shall be granted to any person of bad character or who has been
so convicted as aforesaid, nor to any person who is keeper of
any disorderly house of any kind nor for any place which has
any direct or indirect communication with any room in which in-
toxicating liquor is sold, given away or otherwise used„ nor for
any place having any so-called 'private apartments' or 'private
rooms' furnished or used for any other than legitimate business
purposes which adjoin such dancing place or which may be reach-
ed by stairs, elevator or passageway leading from such dancing
place. No permit shall be issued under the terms of this act un-
L
334
PUBLIC DANCE HALLS
less the governing body or county board are satisfied that the
place where said public dance is to be given or held is properly
ventilated and equipped with necessary toilets, wash rooms, light-
ing facilities and that such place is not likely to become a public
nuisance or detrimental to public morals. (617.46)
60.05. Certain dances prohibited. —No person or persons shall
dance, nor shall any person to whom such permit is issued permit
or suffer any person or persons to dance in any public dance hall
any indecent or immodest dances, or any dance which is character-
ized by immodest motion of the body. No person shall in any
public dance hall act or speak in rude, boisterous, obscene or inde-
cent manner, nor shall any person to whom a permit has been
issued suffer or permit any person to so act or speak therein.
(617.47)
60.06. Dance halls must be lighted. —Every public dancing
place shall be brightly illuminated while in public use and dancing
therein while the lights are extinguished, dimmed, or turned low
so as to give imperfect illumination, Is hereby prohibited. (617.48)
60.07. Not to admit certain persons. — No person to whom
a permit has been issued shall permit to be or remain in any public
dancing place any intoxicated person, any prostitute, any person of
known immorality, or any unmarried person under the age of six-
teen years, unless such person is accompanied by a parent or
guardian, nor any unmarried person more than sixteen years and
under the age of eighteen years unless such person is accompanied
by a parent or guardian or presents the written consent of his par-
ent or guardian to the officer in charge of such dance, and every
such written permit shall be retained by such officer. (617.49)
60.08. Officer must attend all public dances. —It shall be in-
cumbent upon the person to whom said permit is issued to have
an officer of the law present at every public dance to be given of
held thereunder during all the time said public dance is being held.
In the case of a public dance to be held or given in a city, vil-
lage or borough, said officer of the law shall be designated by the
chief peace officer thereof. In all other cases said officer of the law
shall be designated by the sheriff of the county. In all canes the
fees and expenses of such officer of the law shall be paid in ad-
vance by the person to whom said permit has been issued. In
case any person, not a public officer, shall be designated as such
officer of the law, the person or persons to whom said permit
has been issued shall be responsible for his acts and conduct and
there shall be no liability for his acts and conduct on the part of
the officer designating him under the provisions of this act. (617.50)
60.09. Hours of dances regulated. —No public dance shall be
held or conducted between the hours of one and six o'clock A. M.
of any day; provided that no public dance shall be held or con-
ducted on Sunday, during the hours preceding twelve o'clock noon
thereof. In all other cases the public authorities issuing the per-
mit herein provided for may, if they so desire, fix the hours with-
in which public dances may be held, not inconsistent herewith, and
shall also have authority by ordinance, resolution or by law to reg-
ulate or to prohibit the same on Sunday within the limits of the
335
PUBLIC DANCE HALLS
city, village or territory within which such public authorities may
grant permits for public dancing as herein provided. (617.51)
60.10. Disposition of fees.—AI1 fees for permits hereunder
shall be paid into the treasury of the municipality or into the
county treasury, as the case may be. (617.52)
60.11. Permits may be revoked. —The governing body or town
board issuing a permit hereunder may at any time revoke the
same and shall revoke any such permit held by any person con-
victed of violating any of the provisions of this act. Provided any
live or more freeholders residing in any village having a population
of not more than one thousand inhabitants, or in any town, may
petition such town board or village council of any such town or
village, setting forth that any dancing place for which a permit has
been issued is being conducted contrary to law, whereupon it shall
be the duty of such board or village council to hear and act upon
such petition within ten (10) days after the same shall have been
filed with the town clerk or village recorder, and in case any such
petition shall be denied, or not acted upon, within said time, then
any five (5) freeholders of such town or village may file a petition
with the county board of the county, setting forth the facts. There.
upon it shall be the duty of such county board to hear and deter-
mine such petition and such board shall have power, and it shall
be the duty of such board to revoke any such permit if it finds
that such dancing place has been conducted contrary to law. It
shall be the duty of the county attorney in each county to enforce
the provisions of this act and prosecute all violations thereof.
(617.53)
60.12. Violations a misdemeanor. —Any person, firm, or cor-
poration violating any of the provisions of this act shall be guilty
of a misdemeanor. (617.54)
336
CHAPTER XII.-NOXIOUS WEEDS.
SEE.366.015.THIS.MANUAL
70.00. Commissioner to administer and enforce regulations. —
The Commissioner of agriculture is hereby authorized and it shall
be his duty to execute this law and to that end he may make and
enforce such regulations as in his judgment shall be necessary; he
shall investigate the subject of noxious weeds and to that end
may require information from any local weed inspector, mayor,
county commissioner, county agent or village or borough president
as to the presence of noxious weeds or other information relative
to noxious weeds and their control in the localities where such of-
ficer resides or has jurisdicti..n; and he may enter or have some
one for him enter upon any a.,d all lands in the state and take such
samples of weeds, weed seeds, grains or other material needed
for said investigation of noxiuus weeds. Said commissioner shall
also suggest and formulate methods for the eradication and re-
moval of noxious weeds from agricultural and other lands in this
state and to that end he may from time to time publish and cir-
culate bulletins, call and attend meetings and conventions dealing
with the subject of noxious weeds and in other ways may c..uduct
such educational campaign as he considers desirable. (20.06)
70.01. Definitions. —In this act unless the context otherwise
requires the expression.
(a) "Municipality" means a city, village, township or borough.
(b) "Non-resident lands" shall refer to all lands which are
unoccupied, and the owner of which does not reside within the
county.
(c) "Resident lands" shall refer to all lands which are oc-
cupied or which are owned by persons resident within the county.
(d) "Noxious weeds" means the annual, biennial and poren-
nial plants herein named under classes I, and II, and such other
plants as are or may be injurious to public health, public roads or
crops, livestock and other property.
(e) "Commissioner" means commissioner of agriculture.
If) "Otherwise destroy" has reference to killing weed plants
above the surface of the ground.
(g) The term "primary noxious weeds" means and refers to
field bindweed (creeping Jenny) (Convolvulus arvensis), leafy
spurge (Euphorbia esula), horse nettle (Solanum carolinense), Aus-
trian field cress (Roripa austriaca), perennial pepper grass (Lep-
idium draba), wild radish (Raphanus Raphanistrum), and other
similar weeds propagated by seed and root stalk.
CLASS I
COMMON NAME. BOTANICAL NAME.
Perennial sow thistle
Leafy spurge
Toad -flax (Butter and Eggs)
Canada Thistle
Sonchus Arvensis L.
Euphorbia esula 1.
Linaria vulgaris Hill
Carduus Arvensis L.
337
NOXIOUS
Common Name
Oxeye (white) daisy
Dodders
Common barberry
Horse Nett lt-
Austrian Field Cress
Creeping Jennie (held bindweed)
Perennial Pepper Grass
Wild radish
Sheep sorrell
Quack grass
Russian knapwood
Hoary alyssum
Blue lettuce
False flax
Wild (common) mustard
Tumbling mustard
Hare's ear mustard
French (stink) weed
Curled (yellow or sour)
Burdock
Cockle bur
Giant ragweed
Common ragweed
Wild (pea) vetch
Buckhorn (plantin)
Annual sow thistle
Spiny sow thistle
Russian thistle
Prickly night shade
Hedge Buckwheat
Wild buckwheat
Morning glory
Graveyard spurge
Lady's thumb
Wild barley
Darnel
Cheat
Sand bur
Purple cockle
Sleepy catch fly
Sticky cockle
Forked catch fly
Bull thistle
Bladder tampion
Smart weeds
California Puncture Vine
Taney
Chicory
St. Johnswort
Dragonhead mint
Meadow buttercup
dock
WEEDS
Botanical Name
Chrysanthemum leucanthemum
L.
Cuscuta Sps.
Berberis vulgaris L.
Solanum carolinense L.
Roripa austriaca
Convolvulus arvensis L.
Lepedium draba L.
Raphanus raphanistraum L.
Rumex acetosella
kgropyron repens L.
Centaurea pepens L.
l3erteroa incana D. C
CLASS II
Lactuca pulchella P
Cameline sativa L.
Brassica arvensis L.
Sisymbrium altissimum L.
Conringia' orientalis L.
Thlaspi arvense L.
Rumex orispus L.
Actium minus Schk.
Xanthium Sps. L.
Ambrosia trifida L.
Ambrosia artemiisifolia L.
Vicia angustifolia L.
1'lantago lanceolata L.
Sonchus oleraceus L.
Sonchus asper L.
Salsola kali (var) tragus L.
Solanum rostratum L.
Polygonum scandens L.
Polygonum convolvulus L.
Convolvulus arvensis L.
Euphorbia cyparissias L.
Polygonum persicaria
Hordium jubatum L.
l.olium temulentum L.
llromus secalinus L.
Cenchrua tribuloides L.
Agrostemma githago L.
Silene antirrhina L.
Silene noctiflora L.
Silene dichotoma Ehrh
Cardus spp.
Silence latiflora B. and R.
Polygonum Spp.
Tribulus terestis
Tanacatum Vulgare L.
Cichorium vulgaris Intybus
Hypericum perforatum L.
Draccocephalum parviflorum Nutt.
Ranunculus atria L.
338
NOXIOUS WEEDS
Common Name Botanical Name
Wild oats
Wild hemp
(20.01)
Avena spp.
Cannabis sativa L.
70.02. Duty of occupant or owner. — Except as otherwise spe-
cifically provided, it shall be the duty of every occupant of land
or, if the land is unoccupied, the owner thereof, or his agent, or
the public official in charge thereof, to cut down, otherwise de-
stroy or eradicate all noxious weeds as defined in section 20.01,
subd. 5, standing, being, or growing upon such land, or in such
manner and at such times as may be directed or ordered by the
commissioner or by a local weed inspector having jurisdiction.
(20.07) [6153]
70.03. Railroad companies. —It shall be the duty of every rail-
road company and of every suburban railway company to cause
all noxious weeds standing, being or growing on the right-of-way
or on land of the company adjoining the right-of-way, to be
put down, otherwise destroyed or eradicated in such manner and
at such times as may be directed or ordered by the local weed
inspector or by the commissioner or by any one for him. (20.08)
[6154]
70.04. Destruction of noxious weeds on public highways. —
Subdivision 1. It shall be the duty of the high commissioner, at
the cost of the trunk highway maintenance fund, and the duty of
the public authorities charged with maintenance of other public
highways, at the cost of their respective road funds, annually,
to cause all noxious weeds standing, being, or growing on all
trunk highways and other public highways, respectively, not
within the limits of a municipality, to be cut down, otherwise de-
stroyed or eradicated as often as may be necessary to prevent
the ripening or scattering of seed and other propagating parts
of such weeds, and in such manner as may be directed or ordered
by the commissioner or by the local weed inspector having juris-
diction.
(b) The chief executive and governing board of each mu
nicipality, annually, shall cause to be cut down, otherwise de-
stroyed or eradicated, at the expense of the municipality, all nox-
iou§ weeds standing, being, or growing on all public grounds,
roads, streets, and alleys within the limits of the municipality, as
often as may be necessary to prevent the ripening or scattering
of seeds and other propagating parts of such weeds and in such
manner and at such time as may be directed or ordered by the
commissioner or by a local weed inspector having jurisdiction.
Note: For town authority to eradicate weeds along roads see Sec.
9.63 (366.15)
(c) The wonders or occupants of lots or lands abutting
on streets and alleys in municipalities shall, annually, cut down,
otherwise destroy or eradicate all noxious weeds, standing, being,
or growing on their lots or lands between the curb line of the
street or alley and the property line of their respective proper-
ties, as often as may be necessary to prevent the ripening or
scattering of seeds and other propagating parts of such weeds,
and in such manner and at such times as may be directed or or-
339
NOXIOUS WEEDS
dered by the commissioner or by a local weed inspector having
jurisdiction. [6155] (20.09)
70.06. Threshing machines. —(a) It shall be the duty of every
person owning or operating a threshing machine, combine, seed
huller, hay baler, or other equipment used in the harvesting of
crops, immediately after completing the threshing of grain or seed
at each and every point of threshing or in transit, interstate or
intrastate, to clean or cause said machine to be cleaned, together
with all wagons and other outfit used in connection therewith so
that seeds of noxious weeds shall not be carried to or on the way
to the next place of threshing by said threshing outfit.
(b) A printed copy of this section, in form provided by the
commissioner, shall be affixed by the owner to and remain affixed
to every threshing machine, combine, seed huller, hay baler or
other equipment used in the harvesting of crops during all the time
the same is operated in the state.
(c) Any person failing to comply with either or both (a)
and (b) of this section shall be liable to a fine or not less than
ten dollars nor more than $25.00 for each and every such failure.
(20.10)
70.06 Local weed and seed inspector -Appointment —The Board
of County Commissioners whenever requested by the commis-
sioner shall appoint one or more county weed and seed inspectors,
who shall meet qualifications prescribed by the commissioner,
whose duties shall be to see that the provisions of Section 20.06 to
20.27 and the regulations of the commissioner are carried out as
prescribed in (a), (b), (c), and (d) of Section 20.12, and to co-
operate and supervise the work of the local weed and seed
inspector. Such appointment shall be for full time employment
or for such period of time as the commissioner may prescribe, and
resolution appointing such inspectors shall fix the compensation
to be paid to the person or persons so appointed. The resolution
shall also provide for manner of reimbursement for necessary
traveling expenses in addition thereto.
(2) The members of the several town boards of the county are
authorized and it is hereby made their duty to act as local weed
and seed inspectors within their respective towns, throughout the
year, in accordance with the provisions of this act relative to local
weed inspectors. (20.11)
Any town board may appoint a person to act as assistant
weed and seed inspector, and such assistant inspector shall have all
the powers and authority as the town board members in the capaci-
ty of weed and seed inspector. Such appointment may be for full
time or part time. Notice of such appointment, together with a
statement of the time for which appointment is made, shall be
delivered to the commissioner within ten days after the date the
appointment was made.
The compensation of such local weed and seed inspectors and
their assistants shall not be less than 75 cents per hour and neces-
sary traveling expenses in addition thereto, such hourly compen-
sation to be the amount determined by the town board to be con-
sistent with the hourly wage rate prevailing in their community
or area for work of like character, and to be necessary to obtain
340
NOXIOUS WEEDS
competent inspectors, such compensation to be in addition to the
amount allowed by law for other supervisory duties, if any, per-
formed by such local inspectors or assistant inspectors. (20.11)
(3) The mayor or president of any municipality is authorized
and it is hereby made his duty, to act as local weed inspector in
his municipality throughout the year in accordance with the pro-
visions of sections 20.06 to 20.27 relative to local weed inspectors.
Any mayor or president of a municipality may appoint a person
to act as assistant weed inspector in the municipality who shall
have all the powers and authority as the mayor or president in
the capacity of weed inspector.
Notice of such appointment shall be sent to the commissioner
within ten days from the date of the appointment.
The compensation of such local weed inspector and assistant
weed inspector shall be not less than 75 cents per hour and neces-
sary expenses in addition thereto, such hourly compensation to
be the amount determined by the municipal council to be consis-
tent with the hourly wage rate prevailing in their community or
area for work of like character and to be necessary to obtain com-
petent inspectors and be paid from the general revenue fund or
other fund of the municipality designated by the council and shall
be in addition to any compensation and expenses paid such in-
spectors or assistant inspectors for other duties as an official or
employee of the municipality. (20.11)
(e) Failure on the part of any municipality or township to
include the item of weed inspection in the annual budget is no
excuse and shall not justify the non-payment of any charges or
expenses incurred by inspectors as provided in Sections 20.26 to
20.27, which charges or expenses shall be audited and paid as
other obligations of such municipality or township are paid. In
the event that it should be shown that weed inspection has not been
done commensurate with the bill presented, the commissioner of
agriculture may recommend to the county board, town board or
municipal council, that such bill be not allowed.
(5) If any municipality or township neglects or refuses for a
period of 60 days to make such payments, the same shall be paid
by the county auditor on the recommendation of the commissioner
and the total of all such amounts so paid shall be included by said
county auditor as a part of the next annual tax levy in such munic-
ipality or township and withheld from such municipality or town-
ship in making the next apportionment thereto. (20.11)
70.07. Local weed inspectors —Duties. — Subdivision 1. It
shall be the duty of each local weed inspector to examine all lands
highways, roads, alleys, and public ground in the territory over
which his jurisdiction extends, for the purpose of ascertaining if
the provisions of sections 20.06 to 20.27 and the regulations of
the commissioner have been complied with, and if he finds that
such is not the case he shall cause to be given forthwith a notice,
in writing, on a form to be prescribed by the commissioner, to the
proper public officer or to the owner or occupant, or to the agent
of any owner of non-resident lands within the municipality where-
on noxious weeds are standing, being, or growing and in danger
of going to seed or otherwise spreading, requiring him to cause
341
NOXIOUS WEEDS
the same to be cut down, otherwise destroyed or eradicated on
the lands, in such manner and within the time or times specified
in the notice. He shall also attend, when required, such confer-
ences palled by the commissioner for the purpose of receiving in-
sltructions and for a full and free discussion of sections 20.26
to 20.27 and their administration.
Subd. 2. When any person desires to transport along a public
highway materials containing seeds or other propagating parts of
leafy spurge, horse nettle, Austrian field cress, field bindweed, per-
ennial pepper grass, wild radish, or any other noxious weed desig-
nated by regulation of the commissioner, he shall secure from a
local, county, or state weed or seed inspector, a written permit for
the transportation of such material. All duly constituted weed and
seed inspectors are authorized to issue such permits to persons re-
siding or operating within their respective weed jurisdictions to
regulate the transportation of such material, and to require proper
treatment, cleaning, sterilzation or destruction of any such material
which has been or is about to be transported or deposited to pre-
vent the growing or scattering of any weed seeds or other propa-
gating parts contained therein. Copies of all permits issued under
this section shall be immediately sent to the State Division of
Weed Control.
No grain seed, screenings, hay forage, straw, soil, gravel, sand,
or refuse and other materials containing seeds and other propagat-
ing parts of leafy spurge, horse nettle, Austrian field cress, field
bindweed, perennial pepper grass, or wild radish or any other
noxious weeds designated by the commissioner shall be trans-
ported upon any public highway unless it be in sacks, boxes, or
other containers sufficiently tight and closed or covered with can-
vas or otherwise to prevent seeds and other propagating parts of
such weeds from blowing or scattering along the highway or on
other lands or water.
Scattering and dumping on land or in water of grain, seed, and
screenings containing seeds and other propagating parts of noxious
weeds in excess of legal limits of weed seeds per pound in agricul-
tural seed, and of soil, gravel, rubbish, trash, and other materials
containing seeds or other propagating parts of noxious weeds in
harmful amounts as determined by regulation of the commissioner
is prohibited unless such material is processed, treated, or buried
sufficiently deep to destroy viable seeds and other propagating
parts which they contain down to the limits provided by this
section.
(c) If the officials or persons in charge of tax exempt or
tax forfeited lands neglect or refuse to cut down, otherwise destroy
or eradicate these noxious weeds in the manner prescribed by
sections 20.06 to 20.27 or in any notice served, within the designat-
ed number of days after service thereof, the local weed inspector
or the county weed and seed inspector or the commissioner shall
forthwith proceed to cause them to be cut down, otherwise de-
stroyed or eradicated, as directed or approved by the commissioner,
and the expense thus incurred shall be a just charge against funds
provided for this purpose and upon presentation of an itemized
account of the same, payment shall be made by the public officials
in charge of such funds.
Boards of county commissioners shall provide funds and ade-
quate equipment and materials and labor necessary for adequate
control and eradication of weeds on county highways and property
342
NOXIOUS WEEDS
and to assist and facilitate county and local weed inspectors in the
county in weed inspection and control and enforcement of the
weed laws. They may cooperate with the state, towns, municipali-
ties, and private property owners and provide such county funds,
equipment, materials, labor and facilities for weed inspection, con-
trol and eradication with or without reimbursement lrom the pub-
lic agency or private property benefited. Towns and municipalities
may by vote of their electors or governing boards provide for
weed control necessary funds, equipment, materials and labor and
arrange for their use on public or private property within their
limits with or without reimbursement from the property benefited.
(20.12)
70.08. Cutting weeds in growing crops. — When any local
weed inspector or county weed and seed inspector deems it ne-
cessary, to prevent the spread of noxious weds within his juris-
diction, to •cut down, otherwise destroy or eradicate a growing
crop, or any part thereof, he shall, before proceeding to do so,
notify, in writing, on a form prescribed by the commissioner, the
mayor or the president of the village or borough council or a
county commissioner, as the case may be, to inspect the crop
and, if on the inspection it is the opinion of the officer making
the same that the weeds, together with the crop or portion there-
of, should be cut down, otherwise destroyed or eradicated, such
cutting or destroying shall be immediately performed under the
direction of the county weed and seed inspector. If the officer
making the inspection is of the opinion that these weeds, together
with the crop or portion thereof, should not be cut down, other-
wise destroyed or eradicated, the matter in issue shall be re-
ported to and determined by the commissioner or by his author-
ity, whose decision thereon shall be final, except insofar as the
same may be reviewed under the existing laws in courts, and
thereupon if so determined it shall be the duty of the local weed
inspector or county weed and seed inspector to immediatly cause
the weeds, together with the crop or a portion thereof, to be cut
down, otherwise destroyed or eradicated, and no action or claim
for damages shall be allowed or shall be sustainable against any
one in respect thereto; provided, that notwithstanding anything
contained herein, the local weed inspector or county weed and
seed inspector shall have power to cut down, otherwise destroy
or eradicate these weeds, together with the crop, on areas not ex-
ceeding three acres in the aggregate in any one field or crop of 40
acres or less, other than permanent pasture or meadow, without
any notification or application to the mayor, village or borough
president or county commissioner. If, after being notified by the
local weed inspector or the county weed and seed inspector to
inspect a crop, the mayor, the county commissioner, the village
or borough president, so notified fails to make such inspection and
to report to the local weed inspector within seven days after the
receipt of a notice to inspect the crop, the local weed inspector or
county weed and seed inspector may thereupon proceed to cut
down, otherwise destroy or eradicate such weeds, together with
the crop, to the same extent as though the officer notified and
made an inspection and reported in the affirmative. (20.13)
70.081. Inspector's annual report. — Each weed inspector shall
make such reports as may be required by the commissioner.
Notices for control and eradication of noxious weeds shall
343
NOXIOUS WEEDS
consist of two kinds, general notices and individual notices, of a
form prescribed by the commissioner. General notices shall be
published by each local weed and seed inspectors of township,
municipality or county, in one or more legal newspapers of gen-
eral circulation throughout the area over which the weed inspec-
tor has jurisdiction, on or before June 15th of each year, and at
such other time as the commissioner may direct or the local weed
inspectors may determine. Failure of weed inspectors to publish
general weed notices or to serve individual notices herein pro-
vided does not relieve any persons from the necessity of full com-
pliance with any or all provisions of this chapter and regulations
thereunder. In all cases said published notice shall be deemed
legal and sufficient notice.
Whenever a weed and seed inspector finds it necessary to
secure more prompt or definite control or eradication of noxious
weeds in certain special or individual instances, involving one or
a limited number of persons than is accomplished by the general
published notices, he shall serve individual notices in writing upon
the owner or occupant, giving specific instructions and methods
when and how certain named weeds are to be controlled or eradi-
cated. Such methods of control may include definite systems of
tillage, cropping, management and use of livestock. All individual
notices provided for herein shall be served in the same manner as
a summons in a civil action in the district court except as herein
otherwise provided; provided that service on persons living tem-
porarily or permanently outside of the local weed inspectors jur-
isdiction and their property is vacant or unoccupied, service may
be made by sending the notice by registered mail to the last
known address of such person, to be ascertained, if necessary, from
the last tax list in the county treasurer's office.
When any person, in compliance with a notice served on him,
or with the the provisions of this chapter, fails to cut down, other-
wise destroy or eradicate any noxious weeds or any crop in which
such weeds are intermingled or growing, within the time and in
such manner as the weed inspector may designate, or as other-
wise provided herein, the local weed inspector having jurisdic-
tion, or if there is no local weed inspector, the county weed in-
spector or the commissioner shall cause the same to be cut down,
otherwise dstroyed or eradicated at the expense of the county or
municipality in which the land affected is situate, and claim for
such expense of serving of notices, together with the cost of cut-
ting down, otherwise destroying or eradicating the noxious weeds,
is hereby made a legal charge against the county or municipal-
ity in which the lands are located. After such cutting down, other-
wise destroying or eradicating of noxious weeds, the officer caus-
ing the same to be done shall file verified and itemized statements
of the costs of all services rendered in connection with serving
and publishing of notices and cutting down, otherwise destroying
or eradicating the noxious weeds on each separate tract or lot
of land, with the county auditor or with the clerk of the munici-
pality in which such lands are located, who shall immediately
issue proper warrants to the persons named therein for the amount
specified. The amount of such expenses shall constitute and be
a lien in favor of the county or municipality, as the case may be
against the land involved and shall be certified to by the county
auditor, the municipal clerk, and entered by the county auditor
on his tax books as a tax upon such land, and shall be collected
344
NOXIOUS WEEDS
in the same manner as other real estate taxes are collected. The
amount of such expenses, when collected shall be used to reim-
burse the county or municipality for its expenditure in this regard.
Where the lands involved are located in unorganized territory, the
expense of eradicating or destroying such weeds shall be paid by
the county auditor out of the general revenue fund of the county,
upon the verified itemized statement of the weed inspector and
the amount of such payment shall be entered by him on the tax
books as a tax on such lands and shall constitute and be a lien
in favor of such county against the lands involved and shall be
collected in the same manner as other real estate taxes are col-
lected. (20.15)
70.09. Service of notice, etc. —All notices provided for by this
act shall be served in the same manner as a summons in a civil
action in the district court except as herein otherwise provided.
Whenever any person in compliance with a notice served upon
him fails to cut down, otherwise destroy or eradicate any noxious
weeds or any crop in which such weeds are intermingled or grow-
ing, within the time and in such manner as the weed inspector
may designate, the local weed inspector having jurisdiction, or if
there is no local weed inspector, the Commissioner of Agriculture
shall cause the same to be cut down, otherwise destroyed or eradi-
cated at the expense of the county, the city or the village in which
the land affected is situated and claim for such expense of adver-
tising and posting and serving of notices together with the cost
of cutting down, otherwise destroying or eradicating the noxious
weeds, are hereby made legal charges against the county, the city
or the village in which said lands are located. After such cutting
down, otherwise destroying or eradicating of noxious weeds, the
officer causing the same to be done shall file verified and itemized
statements of the cost of all services rendered in connection with
serving and publishing of notice and cutting down, otherwise de-
stroying or eradicating the noxious weeds on each separate tract
or lot of land, with the county auditor or with the clerk of the
city or the village in which such lands are located and such state-
ment shall be authority for the immediate issuance by such county
auditor or clerk of proper warrants to the persons named therein
for the amount specified. The amount of such expenses, shall
constitute and be a lien in favor of the county, the village or the
city as the case may be, against the land involved and shall be
certified to by the county auditor, the village or the city clerk,
and entered by the county auditor on his tax books as a tax upon
such land and shall be collected in the same manner that other
real estate taxes are collected. The amount of such expenses,
when collected, shall be used to reimburse the county, the village,
or the city, for its expenditures in this regard. Where the lands
involved are located in unorganized territory, the expense of eradi-
cating or destroying such weeds shall be paid by the county auditor
out of the general revenue fund of said county, upon the verified
itemized statement of the weed inspector and the amount of such
payment shall be entered by him on the tax books as a tax on
such lands and shall constitute and be a lien in favor of such
county against the lands involved and shall be collected in the
same manner as other real estate taxes are collected. (20.15)
70.10. Violation a misdemeanor. —Any person who violates any
345
NOXIOTUS WEEDS
of the provisions of this act or who violates any duly adopted
regulation of the commissioner, or who neglects, fails or refuses
to comply with any notice duly issued hereunder by the commis-
sioner or local weed inspector and duly served upon him or who
fails, refuses or neglects to perform any duty imoosed upon him
by this act, shall be deemed guilty of a misdemeanor and upon
conviction shall be punished accordingly. (20.28)
70.11. Austrian Field Cress (Radicula Austriaca). 'rhe com-
missioner of agriculture, dairy and food, hereinafter referred to as
commissioner, is hereby authorized and it shall be his duty to exe-
cute the law, and to that end he may make and enforce such regula-
tions as in his judgment shall be necessary; he shall investigate the
nature and extent of Austrian field cress in this State, and to that
end may require information from any party or parties, public offi-
cer or official as to the presence of Austrian field cress and possi-
ble means for its eradication. For the purpose of performing his
duties and exercising his powers herein he may enter, or have
someone for him enter, upon any and all lands in the State and
take such samples of Austrian field cress soil or other material
needed for said investigation and eradication of said noxious weed,
and to these ends he may from time to time publish and circulate
information through the press, publish bulletins and other publica-
tions.
It shall be the duty of the commissioner to take such steps as
in his judgment may be necessary to place lands infested with the
said Austrian field cress under his control for purposes of study
and of practicing methods of eradication of Austrian field cress
thereon. He shall have the authority to co-operate with local
township and county boards, with individuals and other State offi-
cials in the exercise of his duty as herein described. (20.17)
70.12. Authority of commissioner of agriculture. —The commis-
sioner of agriculture. dairy and food. hereinafter in this act called
the commissioner, is hereby authorized and it shall be his duty
to administer this act and he shall have the authority to make,
promulgate and enforce such rules and regulations as he shall
deem necessary to so do. and he shall cooperate with the dean of
the department of agriculture of the University of Minnesota in the
study of the life habits and eradication methods of primary noxious
weeds and from time to time shall publish such information upon
the subject as may be of public interest and value to the agricul-
tural communities of the state.
When farm produce is grown on lands secured under the pro-
visions of this Act for the study of life habits and eradication
methods, the commissioner, in cooperation with the dean of the de-
partment of agriculture of the University of Minnesota. 1s directed
and authorized to sell such produce, and all moneys derived from
such sale shall be deposited with the state treasurer in the same
manner as other state receipts are, but shall be set aside and con-
stitute a separate fund to be known as the Primary Noxious Weed
Fund. and shall be used in the conduct of the studies provided for
in this act. (20.19)
70.13. May engage employees and purchase equipment. —The
commissioner may engage such additional employees and may pur-
346
NOXIOUS WEEDS
chase such equipment and supplies as may be necessary to carry
out the provisions of this act.
70.14. What are noxious weeds? —The term primary noxious
weeds, as used in this act, shall mean and shall refer to Creeping
Jennie (Convolvulus arvensis), Leafy Spurge (Euphorbia esula),
Horse Nettle (Solanum carolinense), Austrian Field Cress (Roripa
(Radicula) austriaca), Perennial Pepper Grass (Lepedium draba),
and other similar weeds propagated by seed and root stalk.
70.15. Commissioner may destroy weeds. —When from investi-
gation or otherwise, it shall appear to the commissioner that upon
any tract of agricultural land there is an infestation of primary
noxious weeds beyond the ability of the land occupant or owner to
eradicate, the commissioner, upon request of the owner, or upon
his own motion, shall take such steps as may be necessary to pre-
vent further spread of such weed growths and to this end shall
quarantine such portion of each such tract of land as may be so
infested and put into immediate operation the necessary means for
the eradication of such weed growths.
70.16. Must give written notice. —The commissioner, upon en-
tering upon any tract of land for the purposes of this act, shall
give written notice to the owner of such entry and quarantine, if
established, and also shall give the owner written notice of the
completion of his operations thereon.
70.17. Expense to be paid by. —(a) The expenses of field oper-
ations, including cost of chemicals and other materials employed
in weed eradication except machinery and other equipment, shall be
paid from the fund herein provided, which fund shall be reimbursed
not later than January first of each year, 20 per cent thereof by the
county and ten per cent thereof by township in which the land so
quarantined and improved is situated.
(b) When the infestations of primary noxious weeds, against
which the activities of the commissioners are directed, are found
located on the sides of public highways, the expenses of eradica-
tion shall be paid, 50 per cent by the state from the fund herein
provided, 50 per cent from the funds provided for the maintenance
of the state highway department if the infestation is on a state
highway, 50 per cent by the county if the infestation is on a county
or state aid road, and 50 per cent by the township if the infestation
is located on a township road or cartway.
(c) When infestations of primary noxious weeds, against
which the activities of the commissioner are directed, are found
located within the corporate limits of a municipality or on property
used by a municipality, the expense of the eradication of such
weeds shall be paid as follows: 50 per cent thereof by the state
from the funds provided for in this act, and 50 per cent by the
municipality from its general revenue fund.
70.18. Trespass a misdemeanor. —Any person who shall intrude
upon any lands, placed under quarantine by direction of the com-
sioner, or who shall interfere with the operation of any machinery
or other equipment being employed by and in use by the com-
missioner or his duly authorized agents in carrying out the pro-
347
NOXIOUS WEEDS
visions of this act, shall be guilty of a misdemeanor. (20.19 (20.23)
(20.01)
Note: 20.23 to 20.27, is an attempt to eradicate the weed known
as Indian hemp from which Marijuana is derived, and except where
necessary to produce the chemical which comes from the weed for
commercial uses and by licenses issued for use thereof.
The commissioner of Agriculture is permitted to file a verified
statement of the cost of services rendered and in giving notice for
destruction of Indian hemp or its weeds by the County Auditor or with
the clerk of the city or village in which such lands are located which
shall be authority for the issuance by the auditor or clerk of proper
warrants to the person therein named. for the amount specified.
The amount of which shall constitute and be a lien in favor of the
county. village or city as the case may be and against the land
involved, and shall be certified to by the county auditor. the village
or city clerk and entered by the county auditor on his tax books
as a tax upon such land to be collected in the usual way. When
collected It shall be used to reimburse the county, village or the
city for its expenditures in the matter.
The above gives a general idea so far as the Chapter affects
villages or their officers. (20.23-.27)
348
CHAPTER XIII.
FORESTRY AND FIRE PREVENTION.
I. INDEBTEDNESS FOR FIRE PREVENTION
80.00. Act in three parts. —This act is divided into three parts,
Part I relates exclusively to counties. Part II relates exclusively
to towns, cities and villages. Part III contains provisions relating
both to counties and to towns, cities and villages. (88.28)
PART II.
80.01. Work to abate forest fires. —All towns, cities and vil-
lages are hereby authorized and empowered to contract debts and
pledge the public credit for, and to engage in, any work reasonably
tending to prevent or abate forest fires. Provided, however, that the
amount of such indebtedness so contracted or assumed shall never
be such as to increase the total public indebtedness of any such
town, city, or village beyond the limits now or hereafter fixed by
the laws specifically relating thereto, except in case of actual
emergency to be declared (at or subsequent to the time) by reso-
lution or other appropriate action of the town board, city or village
council, or other governing body, as the case may be. And for
such emergencies the total public indebtedness shall never be in-
creased at any time so as to be more than five per cent in excess
of the maximum provided by general law. (88.42)
80.02. Firebreaks —Clearing land. —The governing body of any
town, village, or city may construct and continuously maintain
good and sufficient fire -breaks for the protection of life and prop-
erty within such municipality. And for such purposes any village
or city may completely clear all land and remove all combustible
or inflammable materials therefrom within 1000 feet next beyond
and outside of the boundary lines of such village or city whenever
and wherever such improvement will reasonably tend to prevent or
abate forest fires. (88.43)
80.03. Benefits and damages. —If any clearing or other improve-
ment of land made by any town, village or city benefits any per-
son, or benefits some and damages others, then the amount of both
such benefits and damages shall be ascertained in the same man-
ner as provided by law with respect to damages in condemnation
proceedings by right of emininet domain. And all provisions of
law relating to the determination of the amount damages in
condemnation proceedings shall also apply to the determination of
the value of benefits under this section, as far as practicable. Any
benefits so found shall be assessed against, and shall be a lien
upon, the real property so benefited, and shall be noted upon the
public records and collected upon the same terms and in substan-
tially the same manner as now provided by Chapter 113, General
Laws 1911 (particular reference being made to Section 8, 9 and 10
thereof), relating to ditch and drainage assessments. (88.43)
PART III
80.04. Bonds may be issued. —For any of the purposes author-
ized in this act, and within the limits herein fixed, any county,
349
FORESTRY AND FIRE PREVENTION
town, city, or village may borrow money and issue bonds for the
payment thereof with the approval of a majority of the voters, as
provided by the general laws relating to bond issues; may make
all necessary, proper, and convenient provisions for sale of such
bonds at not less than par, for payment of interest thereon at not
more than six per cent per annum, and of the principal thereof at
maturity or contingently at an earlier date; may issue promis-
sory notes or certificates of indebtedness as far as reasonably
necessary to procure funds in case of emergency not affording time
to submit the matter to the voters; and for such purposes may levy
and collect taxes annually upon all the taxable property of such
municipality. As to counties, the powers conferred by this section
shall be deemed supplementary to, but in no way lessening or
detracting from, the powers and authority conferred by Section
13 of this act. (88.44)
80.05. May acquire property. —Whenever necessary in the exer-
cise of the powers and authority conferred by this act, any county,
town, city, or village may acquire property or property rights by
gift, by purchase, or by condemnation in any manner now or here-
after provided by law. (88.44)
80.06. Officers —To cooperate with state forester. — Counties
doing anything under this section shall act by and through county
boards; towns by and through town boards; and cities and villages
by and through their councils or other governing bodies. And it
shall be the duty of all such municipalities and their officials and
employees to co-operate as far as possible with the state forester
and other state employes in the forestry service. In all cases where
forest fires are actually burning, the orders and directions of the
state forester and district rangers shall be binding upon, and must
be obeyed by all officials and employes of any municipality until
such fires shall have been extinguished. (88.45)
80.07. General statutes apply. —Whenever in this act it is pro-
vided that any section or provision of the General Statutes for
1913 or 1923 or any session laws or general laws shall be deemed
applicable in this act for any purpose, the said sections and pro-
visions of said other laws so incorporated in this act by such refer-
ence shall include all existing amendments thereto made prior to
the year 1925, but not thereafter. And if any such law so iLcor-
porated by reference shall be hereafter repealed, the same shall
nevertheless be and remain a part of this act unless such repeal ex-
pressly and explicitly provides to the contrary through direct refer-
ence to this act. (88.46)
80.08. Definitions. —For the purpose of this act, the following
words and terms have the following meanings, to -wit:
(a) The word "person" means and includes a natural person
acting either for himself or in any representative capacity, a cor-
poration, a firm, a co -partnership, or any association of any nature
or kind. (88.01(4)
(b) The term "county board" means the board of county com-
missioners; and the term "town board" means the board of town
supervisors. (88.01(14)
(c) The term "improvement" means and includes any act or
thing done or which may be done, and any construction made or
structure erected or which may be made or erected, and any re-
350
FORESTRY AND FIRE PREVENTION
moval from any land of trees, brush, stumps or other debris, which
reasonably tends to prevent or abate forest fires. (88.01(15)
(d) The term "forest" means every area where coniferous or
evergreen trees at any time are growing or existing, including
swamps, peat -bogs and cut -over lands. (88.01(16)
II. —THE FORESTRY ACT
Only such portions of the Forestry Act as are directly applicable
to towns and villages are given here. Note that this act applies
only In "forest areas" as defined in § 80.09.
80.09 Application and construction. —This act shall be deem-
ed and construed as a codification, revision and expansion of and
as supplementary to and taking the place of, the existing laws re-
lating to forestry and to forest and prairie fires, including Chap-
ter 125, General Laws of 1911, and acts amendatory thereof and
supplementary thereto, Chapter 159, General Laws 1913, Chapter
325, Session Laws 1915, Chapter 32, Special Session Laws 1919, and
Chapter 33, Special Session Laws 1919, but without abridging or
destroying any right, obligations, liabilities or penalties arising
from or under any of said laws prior to the taking effect of this
act.
This act shall apply only to the forest areas of this state.
Every county now or hereafter having within its boundaries any
tract or area of one thousand or more contiguous acres of stand-
ing or growing timber or of unbroken prairie land or of cut -over
timber land not cleared or otherwise denuded of combustible or
inflammable growth, is hereby declared to be a forest area within
this act; and every other county is hereby declared not to be such
forest area nor within this act. But in the prosecution of any civil
or criminal action or proceeding under this act, it shall not be
necessary to prove that any county comes within the purview of
this act; but the contrary may be proven by any party to such
action or proceeding.
This act may be cited as the Forestry Act. (88.01) (88.02)
(88.03)
80.10. Definitions. —For the purpose of this act the following
words and terms have the following meanings, to -wit:
(a) The word "person" includes a natural person acting either
for himself or in any representative capacity, a corporation, a firm
a co -partnership, or an association of any nature or kind. (88.01(4)
(b) The word "timber" means and includes trees, saplings,
bushes, and sprouts from which trees may grown, of every size,
nature, kind and description. (88.01((5)
(c) The term "forest" or "forest land" means and includes
swamps, peat -bogs, cut -over lands and every other area where
timber (as defined in this act) grows or exists. (88.01(7)
(d) The words or term "back -fire" means a fire intentionally
started ahead of, or in the path of, an approaching forest or prairie
fire for the purpose of burning back toward said forest or prairie
fire, so that when said two fires meet both will die out for lack of
fuel. (88.01(8)
80.11. Director to cooperate with authorities and officers. —
The director shall cooperate with the state highway authorities
351
FORESTRY AND FIRE PREVENTION
and with the supervising officers of the various towns, cities and
villages in the construction of fire -breaks along section lines
and public highways.
All villages and cities in the state situated in any forest area
are hereby authorized to clear off all combustible material and
debris and create at least two good and sufficient fire -breaks of not
less than ten feet in width each, which shall completely encircle
such municipalities at a distance of not less than twenty rods
apart, between which back -fires may be set or a stand made to
fight forest fires in cases of emergency.
All towns, villages, and cities are hereby authorized and direct-
ed to take necessary precautions to prevent the starting and
spreading of forest or prairie fires and to extinguish the s ,me;
and are hereby further authorized to levy a tax of not more than
ten mills annually upon the taxable property of such municipali-
ties, but in no municipality to exceed a total of Three Thousand
Dollars ($3,000.00) in any one year, which tax, when collected,
shall be known as the "Fire Fund" and shall be kept separate and
apart from all other funds and used only in paying all necessary
and incidental expenses incurred in enforcing the provisions of
this act. But not to exceed Five Hundred Dollars ($500.00) shall
be expended in any one year from any such "Fire Fund" for the
support of any municipal fire department. No such municipality
shall make any levy for its "Fire Fund" at any time when the
same contains Five Thousand Dollars ($5,000.00) or more, con-
sisting of cash on hand or uncollected taxes not delinquent, or both.
In all townships constituted within any of the forest patrol dis-
tricts which may be established by the Director, the respective
town and village officers and employes shall cooperate with, and
be under the general supervision and direction of, the Director.
(88.04)
Funds may not be transferred from "Fire Fund" to any other
town fund. —Op. Atty. Gen., Feb. 27, 1933.
It is discretionary with town board whether they pay their fire
wardens by the month or on the basis of the reasonable value of
their services for time actually spent in fighting fires. —Op. Atty.
Gen., March 23, 1933.
80.12. Road overseers, etc., to extinguish fires. —Every road
overseer or assistant of a road overseer or other local officer hav-
ing charge of any highway or highway patrolman, who finds that
any person has left a camp fire burning in his district shall ex-
tinguish the same and take prompt measures to prosecute the per-
son or persons who so left such fire. (88.15)
80.13. Forester may appoint fire wardens. —The forester may
appoint supervisors, constables, and clerks of towns, mayors of
cities, and presidents or presiding officers of village councils, to be
fire wardens for their respective districts; and they shall do all
things reasonably necessary to protect the property of such mu-
nicipalities from fire and to extinguish the same. (88.18)
80.14. Neglect or refusal to perform duty. —Every forestry em-
ploye of the state who shall unjustifiably refuse or neglect to per-
form his duty; every person who shall kindle a fire on or near
forest brush or prairie land and leave it unquenched, or be a party
thereto, or who shall set fire to brush, stumps, dry grass, field
stubble, or other material and fail to extinguish the same before
352
FORESTRY AND FIRE PREVENTION
it has endangered the property of another, every person who shall
negligently or carelessly set on fire, or cause to be set on fire, any
woods, prairie, or other combustible material, whether on his own
land or not, by means whereof the property of another shall be
endangered, or who shall negligently suffer any fire upon his own
lands to extend beyond the limits thereof; every person who shall
use other than incombustible wads fo1 firearms, or carry a naked
torch, firebrand, or •exposed light in or uear forest land, or who,
upon any such land or in the vicinity thereof or on or along any
public or private road, trail, path, railroad right-of-way or road bed
or other public or private way of any kind running over or along
or in the vicinity of any such land, shall throw or drop any burning
match, ashes of pipe, lighted cigar or cigarette, or any other burn-
ing substance, and who fails to extinguish the same immediately;
every person who drives upon or over forest lands in a motor
vehicle with an open cutout or without a muffler on the exhaust
pipe; and every person v-ho shall deface, destroy or remove any
notice posted under this act; shall be deemed guilty of a misde-
meanor, and on conviction thereof shall be punished by a fine of
not less than twenty-five dollars and not exceeding one hundred
dollars and costs of prosecution, or by imprisonment in the county
jail not less than ten days and not exceeding ninety days.
(88.19)
80.15. Violation of act to be misdemeanor. —Any person who
violates any of the provisions of this act for which no specific pen-
alty is herein prescribed shall be guilty of a misdemeanor and
shall be punished accordingly.
Failure by any person to comply with any provision or require-
ment of this act to which such person is subject shall be deemed a
violation of this act.
Any person who violates any provision of this act, in addition
to being subject to any penalties herein prescribed for such viola-
tion, shall also be liable in full damages to any and every person
suffering loss or injury by reason of such violation of this act, in-
cluding liability to the state of Minnesota and any of its political
subdivisions for all expenses incurred In fighting or preventing the
spread of, or extinguishing, any fire caused by or resulting from
such violation of this act. Whenever a fire set by any person
spreads to and damages or destroys property belonging to another,
the person setting the fire shall be prima facie guilty of negligence
in setting and allowing the same to spread.
At any time the state or any political subdivision thereof, either
of its own motion or at the suggestion or request of the board or
the forester, may bring an action in any court of competent juris-
diction to restrain, enjoin, or otherwise prohibit any violation of
this act (whether here described as a crime or not), and likewise
to restrain, enjoin, or prohibit any person from proceeding further
in, with, or at any timber cutting or other operations without com-
plying with the provisions of this act or the requiiements of the
forester pursuant thereto; and the court may grant such relief, or
any other appropriate relief, whenever it shall appear that the same
may prevent loss of life or property by fire or may otherwise aid in
accomplishing the purpose of this act. (88.75)
353
FORESTRY AND FIRE PREVENTION
80.16. Disposition of fines and penalties. —Except as other-
wise expressly provided in this act, all moneys received as penal-
ties for violations of the provisions of this act, less the cost of col-
lection, shall be paid into the treasury of the county in which the
penalties for said violation of the provisions of this act were im-
posed; provided, however, that fines collected for violations of this
act, where prosecutions are instituted upon the complaint of
township, city, or village officers duly appointed by the forester as
fire wardens, shall be paid into the treasury of the township, city,
or village where the offense was committed. (88.77)
III. —MUNICIPAL FORESTS.
80.17. Municipal forests. —Any city, village or town in this
state, by resolution of the governing body thereof, may accept do-
nations of land that such governing body may deem to be better
adapted for the production of timber and wood than for any other
purpose, for a forest, and may manage the same on forestry prin-
ciples. The donor of not less than one hundred acres of any
such land shall be entitled to have the same perpetually bear his
or her name. The governing body of any city, village or town in
this state, when funds are available or have been levied therefor,
may, when authorized by a miajority vote by ballot of the voters
voting at any general or special city or village election or town
meeting where such question is properly submitted, purchase or
obtain by condemnation proceedings, and preferably at the sources
of streams, any tract of land for a forest which is better adapted
for the production of timber and wood than for any other purpose,
and which is conveniently located for the purpose, and manage the
same on forestry principles; the selection of such lands and the
plan of management thereof shall have the approval of the state
forester. Such city, village or town is authorized to levy and
collect an annual tax of not exceeding five mills on the dollar of
its assessed real estate valuation, in addition to all other taxes
authorized or permitted by law, to procure and maintain such for-
ests. (459.06) [19331
Note: Chap. 89, Establishing and creating a large number of state
forests and providing for their management and control. There are
15 forest maintained in the amended act. The purpose of their
creation was preserving, propagating and breeding wild life of all
suitable kinds, game, fish and fur bearing animals, and birds, and
developing as well as may be done in general, the flora and fauna of
those regions. The law is very important but would probably not
generally concern township or village officers, so for that reason
we do not print it in full.
These lands to be under the control of a conservation commission.
The commission is empowered to receive gifts of land. The act was
not to repeal or amend laws 1929, Chapter 258, and laws 1931, Chapter
407, but be supplementary thereto.
354
CHAPTER XIV.
CEMETERIES AND CEMETERY ASSOCIATIONS
SEE §2.67 to 2.80 THIS MANUAL
Cemeteries in towns and villages may be owned and controlled
by the town or village. For the law in connection with such ceme-
teries, see Chapter I, or consult the index.
90.00. Plat and record. —Any private person and any religious
corporation may establish a cemetery on his or its own land in the
following manner: The land shall be surveyed and a plat thereof
made. A stone or other monument shall be established to mark
one corner of such cemetery, and its location shall be designated on
the plat. Such plat and the correctness thereof shall be certified
by the surveyor, his certificate indorsed thereon, and with such in-
dorsement shall be filed for record with the register of deeds in the
County where said cemetery is located showing the area and loca•
tion of such cemetery. Any person or association owning such pri-
vate cemetery may subdivide or re -arrange the same, from time to
time, as may be necessary in the conduct of the business, but no
plat of such subdivision or rearrangement shall interfere with the
rights and privileges of the several lot owners of said cemetery
without their consent, nor need same be flied in the office of the
register of deeds; provided that a plat of the same shall be kept
for public inspection at such cemetery; and provided further that
there shall be placed at the corner of each lot of such subdivision
or re -arrangement cement or other non -destructible markers three
inches or more in diameter and eight inches or more in length, one
of such markers showing the number of the lot. (307.01)
90.01. Effect of recorded plat. —When such plat has been re-
corded, every donation or grant of lands therein to the public, to
any religious corporation, or to any individual, shall be deemed a
conveyance of such lands, subject to the conditions and restric-
tions, if any, contained therein. Every conveyance of such lots
shall be expressly for burial purposes, and the lands designated on
the plat as streets, alleys, ways, commons, or other public uses
shall be held by the owner of the cemetery in trust for the uses
and purposes thereon indicated. (307.02)
90.02. Religious corporations may acquire existing cemeteries.
—Any religious corporation, or two or more together, may acquire
by gift or purchase the cemetery lands and property of any ceme-
tery association or private cemetery, and every such association.
and the owner of any private cemetery, are hereby empowered to
convey to religious corporations any cemetery land or property.
(307.03)
90.03. Conveyance of lots. —Every religious corporation own-
ing such cemetery may sell and convey lots therein for burial pur-
poses only. Deeds thereof may be executed by the treasurers of
such corporations, or by one or more of the trustees thereunto au-
thorized by resolution duly adopted by its board of trustees.
(307.04)
See § 90.19 and § 90.20, below, which also apply to lots in pri-
vate cemeteries.
355
OF M'ETERIAS
90.04. Transfer to contiguous association. —Any private ceme-
tery established, platted and recorded under the laws of this state
may consolidate with and transfer its property for cemetery pur-
poses only, to any cemetery association or corporation organized
under the laws of this state, which is contiguous to or adjacent to
such cemetery corporation. * * * (307.06)
90.05. Exemptions. —All lands, not exceeding one hundred acres
in extent, and in the case of cemeteries owned and managed
by religious corporations or corporations solely owned and con-
trolled by and in the interest of any religious denomination three
hundred acres in extent so laid out and dedicated as a private
cemetery, shall be exempt from public taxes and assessments, and
shall not be liable to levy and sale on execution, or to be applied
in payment of the debts of any owner thereof, so long as the same
remains appropriated to the use of a cemetery; and no road or
street shall be laid through the same without the consent of the
owners. (307.09)
90.06. Vacation —Change of name. —Upon application of the
owners of such cemetery, the district court of the county in which
it is situated may alter or vacate the same or any part thereof, as in
the case of town plats. Upon like application, and upon such no-
tice as the court may direct, it may change the name of such
cemetery. (307.10)
II. CEMETERY ASSOCIATIONS
90.07. Incorporation. —A corporation or association may be
formed for the purpose of procuring and holding or selling lands or
lots exclusively for the purpose of public cemetery and such cor-
poration may acquire and manage all real and personal property
necessary or proper for the establishment, embellishment, care and
management of a cemetery and may construct and operate thereon
a crematory and other proper means of disposing of the dead. It
may also sell and convey cemetery lots or sell and convey real or
personal property lawfully acquired by such association or corpora-
tion but not needed for cemetery purposes. Such corporation may
be formed by three or more persons who shall execute and verify
the certificate or articles of incorporation as required in the matter
of the formation of other corporations under the provisions of this
chapter. Such certificate of incorporation shall be filed for record
in the office of the register of deeds of the county wherein such
cemetery is situated and thereupon such association shall become
a corporation. All cemeteries hereafter started or established ex-
cept cemeteries established by religious corporations are hereby
declared to be public cemeteries within the provisions of this act.
Any cemetery lands and property or public burial ground now
or hereafter owned or controlled by any town, village or city of
this state may be transferred by such town, village or city, by
deed or otherwise, to any cemetery association or corporation form-
ed or organized under the terms of this act or heretofore existing,
and such transfer may be with or without condition as shall be
determined by such town, village or city as the case may be; such
town, city or village may as a part of such transaction enter into
contract or agreement with such cemetery association providing
356
CEMETERIES
for the management and manner of maintaining, keeping and car-
ing for such cemetery, for the sale of lots or lands therein and for
such other matters in relation to the care and control thereof as
shall be deemed advisable by such town, village or city.
Any cemetery lands or property now or hereafter owned by
any religious corporation existing under the laws of this state may
be transferred to any cemetery association now in existence or
hereafter formed under the laws of this state without any express
consideration; and, in such case, the articles of incorporation of
such cemetery association may provide for the appointment of its
directors or trustees by the board of directors of such religious
corporation or by some specified officer thereof, or may be amend-
ed to so provide. Any such cemetery association so affiliated with
a religious corporation by such a provision in its articles may also
provide for the acquisition of other cemetery properties within the
State of Minnesota wherein bodies of persons of the same religious
faith exclusively are to be buried. (306.02)
Note: Chap. 56, G. L. 1935, provides how and when an old time
burying ground may be conveyed to a cemetery association.
By Chap. 45, Laws 1937, whenever land in a town or village has
been used by the public without restriction for many years as a ceme-
tery, the governing body of the town or village may convey the same
to any cemetery association on terms it sees fit.
A cemetery corporation can be formed only for a public ceme-
tery; lands platted and used for burial of the dead are dedicated
to public use.
Cemeteries owned and operated by churches and church asso-
ciations are private cemeteries and not cemetery associations under
our laws.
90.071. Unused public cemeteries, transfer. — Subd. 1. Any
public cemetery association which owns a cemetery in which no
Interments have been made for 40 years may transfer such cem-
etery and real estate owned by it, together with any funds or prop-
erty which it possesses to such other public cemetery association
or corporation as may at the time be serving the same commu-
nity in the burial of the dead.
Subd. 2. To accomplish such transfer, the board of trustees
of such cemetery association shall adopt a resolution to that effect
by an unanimous vote of the board of trustees, and thereupon the
chairman or president of the board of trustees and the secretary
shall be authorized to execute the proper instruments and a deed
in the name of the association to evidence the transfer; provided,
however, that such transfer must first have been authorized by
a majority vote of all members of the association, present and
voting, at any regular meeting or at any special meeting called
for that purpose, notice of which meeting shall have been given
by publication, for three successive weeks, once each week, in a
daily or weekly newspaper published in the county where such
cemetery is situated, subscribed by the chairman, president, or sec-
retary of the board of trustees, and specifying the time, place and
purpose of such meeting.
In the event said association shall be an unincorporated asso-
ciation, a deed executed in the name of such association by the
chairman or president and the secretary or treasurer of the board
of trustees shall be deemed a valid conveyance of the lands of the
association.
357
CEMETERIES
Subd. 3. Any public cemetery association or corporation actu-
ally serving such community in the burial of the dead may accept
a transfer of such a cemetery and the lands, property and funds
thereof. Before any transfer shall be made, the public cemetery
association to which such transfer is being made shall adopt a
resolution agreeing to accept such cemetery and its lands, property
and funds and agreeing to operate, maintain, control and manage
such cemetery and to administer the property and funds thereof,
if any, in the name of, and in accordance with the rules and regu-
lations and laws governing such public cemetery association so
accepting.
Subd. 4. After any such transfer, all lot owners of the former
association shall continue their ownership and shall be entitled to
the same rights and privileges with respect to their lots as are
accorded to lot owners by the public cemetery association to which
such transfer was made and shall thereafter be subject to all the
rules, regulations and laws governing such public cemetery asso-
ciation.
90.08. Actuary —Duties. — Every such corporation, In addi-
tion to its ordinary corporate officers, shall annually appoint an
actuary, or provide by its by-laws that its secretary shall perform
the duties of such office. The actuary shall keep a register of
burials, in which he shall enter the date of burial or cremation,
the name, age, sex, nativity, and cause of death of every person
interred or cremated in such cemetery, so far as such facts can
be ascertained from the friends, attending physician, or undertaker
in charge, and in case of a pauper, stranger, or criminal, from
the public official directing the burial. Such record shall be open
to public inspection, and the actuary shall furnish to the state
board of health and to local health officers, when so requested, an
accurate summary of such record during any specified year. He
shall report to the commissioner of veteran affairs the burial
of any person, who is a veteran as defined in this act, stating the
name of such deceased veteran and the location of his grave in
the cemetery by lot number. (306.03)
Note: Veteran defined at § 1.781.
90.09. Failure to keep register —Forfeiture. —Every actuary,
or secretary performing the duties of an actuary, failing to keep
such register of burials, and to record therein all interments and
cremations, for every such offense shall forfeit not less than two
nor more than ten dollars for the benefit of the school fund of
the district in which such cemetery or crematory is situated.
[75601 (306.04)
90.10. Land, how acquired —Extension. —Every such corpora-
tion may take and hold, by purchase or gift, within the county
of its location and in an adjoining county not exceeding three
hundred acres of land to be actually used and occupied exclu-
sively for the burial or cremation of the dead and for purpose
necessary or proper thereto. Such land, or such portion thereof as
may from time to time be required for that purpose, shall be sur-
veyed and divided into lots of such size as the trustees shall de-
termine, with such avenues, alleys, and walks as they deem proper,
and a map of such survey shall be filed for record with the register
of deeds of the county of its location; and whenever the cor-
358
1
CEMIJTERIES
por
theaownerssof sthe landto rge its cemetery, and desired therefor, the sametm agree
with
eac-
quired under the power of eminent domain: Provided, that pub-
lic necessity, propriety and convenience require such proposed
enlargement, which together with the boundaries thereof shall
be first established and determined as issues of fact. (306.05)
90.11. Sale of Tots. — After the filing of the map mentioned
in foregoing section, the trustees may sell and convey the lots as
designated on such map, upon such terms and subject to such
conditions and restrictions as they shall prescribe. Every convey-
ance of any such lot shall be expressly for burial purposes and no
other, and shall be in the corporate name of the association, and
signed by its president or vice-president and by its treasurer or
secretary. (306.09)
90.12. Funds, how used —Grants in trust. —The ot proceinvesteds IA
as
the sales of lots and of personal property,
hereinafter provided, shall be applied solely to the payment of
debts incurred in the purchase of cemetery grounds and property,
to fencing, improving, and beautifying such grounds and the
avenues leading thereto, and to defraying the necessary ex-
penses of the management and care of the same. All real or
personal estate given or granted to such association for the main-
tenance of any monument of the keeping or improvement of any
grounds within the cemetery shall remain forever to the uses for
which it was given or granted. (306.10)
90.13. "Associates" defined —Vacancies —Annual Meeting. —The
word "associates," as used herein, shall mean the original in-
corporators and their successors. The certificate of incorpora-
tion may provide that vacancies among the associates shall be
filled ny the remaining associates, and that at all elections after
the first the trustees shall be chosen from such associates, or it
may provide that they shall be chosen by and from the lot owners.
Whenever there are two or more owners of a lot, they shall select
one to represent them and to vote at such election. The trustees
may fill any vacancy occurring in their own number for the un-
expired term. Public notice of every annual election shall be
given in the manner prescribed in the by-laws. If for any reason
the annual election be not held on the day fixed in the certificate
of incorporation, the trustees may appoint another time not more
than sixty days thereafter, and give public notice thereof; but
the term of office shall be the same as if elected at the annual
election. (306.11)
90.14. Report of trustees. —At each annual meeting the trustees
shall make a report in writing of their doings, and of the affairs
of the association, with an account of all receipts and expenditures
during the preceding year. (306.11)
90.15. Action for damages. —Every such cemetery association
may recover, in its own name, all damages resulting from injury
to or destruction of any stone, monument, building, fence, railing,
or other work for protection or ornament, or any tree, shrub, or
plant within the limits of such cemetery. (306.12)
359
CEMETERIES
90.16. Employes —Appointment —Powers. —The trustees or offi-
cers of any cemetery association may appoint such superinten-
dents, watchmen, gardeners, and agents as they may deem ad-
visable, and, upon taking and subscribing an oath similar to that
required from constables, every such appointee shall have all the
rights and powers of a police officer within and adjacent to the
cemetery grounds. (306.13)
90.17. Exemption from taxation, etc. —The lands and property
of any such cemetery association shall be exempt from all public
taxes and assessments, and shall not be sold on execution against
such association or any lot owner. The owners of cemetery lots,
their heirs or legal representatives, may hold the same so exempt
so long as they remain appropriated to the use of a cemetery
and no road or street shall be laid through such cemetery or
any part of the lands of such association, without the consent of
the trustees. (306.14)
Land purchased for a cemetery or addition thereto is exempt
Irom taxation if intended to be used within a reasonable time for
burial of the dead; the growing thereon of flowers and plants for
use in beautifying the ground is a legitimate use for cemetery pur-
poses, even when a surplus of flowers is sold.
90.18. Lots inalienable —Conveyance. —Whenever any lot in any
cemetery, or any entombment or inurement space in any mauso-
leum, has been sold or conveyed for burial purposes, such lot,
entombment or inurement space shall forever thereafter be in-
alienable, except as hereinafter provided.
(a) The original purchaser of such lot, entombment or in-
urnment space, may sell, convey and release to the cemetery the
portion of the same not actually occupied by interments or by
entombed or inurned human remains.
(b) The owner by inheritance of such lot entombment or
inurnment space, may sell, convey and release to the cemetery
the portion of the same not actually occupied by interments or by
entombed or inurned human remains.
(c) When, by the consent of the owner, such lot, entombment
or inurnment space has been solely used by some other person
as a family burial place, such owner, with the consent of the
governing body of the cemetery, may convey the same to the
person so using it.
The cemetery may use any of its funds for repurchase of any
lots, entombment or inurnment spaces, as provided herein, and
may hold or again sell and convey the same. (306.15), as amended,
Chapter 253, Laws 1943.
No roads of any kind can be allowed to run through cemetery
grounds even though such grounds are held for future burial needs,
and cemetery grounds cannot be mortgaged.
90.19. Descent of cemetery lot. —Subject to the right of inter-
ment of the decedent therein, a cemetery lot or burial plot unless
disposed of as provided in G. S. 7582, (Section 917, this manual)
shall descend free of all debts as follows:
1. To his surviving spouse, a life estate with right of inter-
ment of such spouse therein, and remainder over to the person or
association who would be entitled to the fee if there were no spouse.
360
CEMETERIES
2. If there be no surviving spouse, then to his eldest sur-
viving son.
3. If there be no surviving son, then to his eldest surviving
daughter.
4. If there be no surviving daughter, then to his youngest
surviving brother.
5. If there be no surviving brother, then to his youngest sur-
viving sister.
6. If there be no surviving spouse, son, daughter, brother nor
sister of the decedent, then to the cemetery association or pri-
vate cemetery in trust as a burial lot for the decedent and such
of his relatives as the governing body thereof shall deem proper.
Such cemetery association or private cemetery, or with its consent
any person to whom such lot shall so descend, may grant and
convey the same to any of the decedent's parents, bothers, sisters,
or descendants. A crypt or group of crypts or burial vaults owned
by one person in a public or community mausoleum shall be
deemed a cemetery lot. Grave markers, monuments, memorials,
and all structures lawfully installed or erected on any cemetery
lot or burial plot shall be deemed to be a part of and shall
descend with such lot or plot. (525.14)
90.20. Right of disposal. —Any owner of a cemetery lot may
dispose of the same by will to any one of his relatives who may
survive him, or to such cemetery association or private cemetery
as the case may be, in trust, for the use and benefit of any person
or persons designated in said will; but no such lot shall be af-
fected by any testamentary devise unless the same be specifically
mentioned in the will, and by such devise limited to one particular
person Any owner of a cemetery lot may in his lifetime convey
said lot to said cemetery association or said private cemetery in
trust for the use and benefit of any person or persons named in
the trust conveyance. Such conveyance may contain such con-
ditions, provisions and covenants as the parties may therein agree
upon. No interment shall be made in any such lot, except by writ-
ten consent of the cemetery association or private cemetery as
the case may be, of the body of any person who was not, at the
time of death, the owner thereof, or a relative of the owner by
blood or marriage. That every conveyance or alienation or at-
tempt at conveyance or alienation of any right, title or interest in
or to such lot, contrary to the foregoing conditions and reserva-
tions, shall be void. Every such cemetery association or private
cemetery as the case may be, shall keep a record of all deeds,
conveyances, judgments, decrees or other documents affecting the
title to lots in such cemetery, copies of which certified by somf
person, officer or official thereunto duly authorized, shall be re-
ceived in evidence by the courts. Such cemetery association or
private cemetery may, instead of deeding the fee title to said lot.
grant only the exclusive right of interment or sepulture in said
lot. (306.29)
90.21. Permanent care and improvement fund. —Any cemetery
association formed under the provisions of law and having a board
of trustees or directors, not less than three in number, which
shall have established and shall be maintaining a cemetery of not
361
CEMETERIES
less than one-half acre in area, may by a two-thirds vote of such
trustees or directors of such association, which vote may be tak-
en at any regular meeting of such board, provide, in accordance
with this act and the provisions of law in the statutes provided,
tor the establishment of a permanent fund, the income whereof
shall be devoted to the care, maintenance and improvement of
such cemetery which shall be known as "permanent care and im-
provement fund" of such cemetery association. (306.31)
90.22. Trustees of fund. —The trustees shall thereupon choose
by ballot and appoint by deed of the association a board of not
less than three nor more than five trustees of such fund. They
shall be resident freeholders of this state during all the time they
exercise the powers of such trust. Upon failure of any of those
appointed to qualify within thirty days after appointment, the one
or more who shall have qualified shall appoint by deed other per-
sons to be trustees in their places. And on failure of any person
so appointed to qualify within thirty days another shall be ap-
pointed in like manner; but every appointment to fill a vacancy
shall be by unanimous vote of those acting: Provided, that in-
stead of appointing such board the trustees of the association
may designate any trust company of the state to act as such
trustee during their pleasure. All instruments of appointment
of such trustees shall be recorded with the secretary. (306.32)
90.23. Powers —Term of office —Accounting. —Upon the appoint-
ment and qualification of trustees of such fund, or upon the des-
ignation of a trust company to act as such trustee, the title
to the funds included in said trust, and all the rights, powers,
authorities, franchises, and trusts thereto appertaining, shall at
once vest in such board, or in the part thereof qualifying within
thirty days, or in the corporation so designated. The term of
office of the trustees of such fund shall be for life. When a trust
company has been appointed, a board of trustees of the fund, or
another like corporation, may be appointed in its place, and on
notice of such appointment the corporation so acting shall render
to its successor an account of its trusteeship, and deliver to it all
money, papers, and property in its possession or control belonging
or appertaining to such fund. (306.33)
90.24. Bonds. —Before entering upon his duties, each person
chosen as a trustee of such fund shall give bond to the association
in a sum not less than five hundred dollars, and at least equal
to one-third the amount of the fund at that time, conditioned for
the faithful discharge of his trust. Upon July 1 in each even
numbered year every trustee shall give a new bond, in amount
and with conditions as aforesaid. Every such bond shall be ap-
proved by a judge of the judicial district in which such cemetery
or some part thereof is situate, and filed with the treasurer of the
association. Failure by any trustee to renew his bond within
thirty days after the time herein specified shall be a sufficient
ground for his removal on application of any person interested.
(306.34)
90.25. Surviving trustees— Vacancies. — In case of the death.
resignation, disability, or removal of one or more of the trustees
362
CEMETERIES
of such fund, the trust shall at once vest in the remaining trustees,
who shall forthwith fill the vacancies by appointment. Every
newly appointed trustee, upon qualification, shall succeed to an
equal share in all the rights and duties of such board. (306.35)
90.26. Organization of new board. —In case of the death, re-
moval, resignation, or disability of all the members of such
board, the trust, until the organization of a new board, shall vest
in the district court of the county in which such cemetery 1s
situate. The board may be reconstituted by such court, upon ap-
plication of any person interested and such notice as it may
direct. The trustees so appointed, upon qualifying, shall become
vested with all the rights and powers of the original board.
Every vacancy in the board continuing for one year may be filled
by such court. (306.36)
90.27. Fund, how constituted. —Twenty per cent of the proceeds
of all sales of cemetery lots made after the vote of the trustees
to establish said care and improvement fund shall be paid over
to such board or trustee, on January 1, April 1, July 1, and
October 1, in each year, until the principal of said fund shall
amount to at least one hundred thousand dollars; and any other
income or funds of the association, in excess of its liabilities, may
be added to such fund by a two-thirds vote of its trustees. But
the principal of such fund shall in no event exceed five thousand
dollars for each acre of the cemetery, nor one million dollars in
the aggregate. The words "cemetery lots" as used in this section
shall not be construed to include burial space in a mausoleum.
Each such cemetery association shall take not less than ten per
cent of the proceeds of all sales of burial space hereafter made in
a mausoleum for such fund, which shall be paid over on the first
days of January, April, July and October, of each year to the trustee
or trustees of said fund, and such payments shall thereafter be-
come a part of such permanent care and improvement fund. The
term "burial space" as used herein shall include private rooms,
crypts, niches or other designated space in which the bodies or
ashes of deceased persons are placed for permanent burial in a
mausoleum. (306.37)
90.28. Investment —Income —Unexpected balances. —The prin-
cipal of such fund shall remain intact and inviolate, and may be
invested in the same securities in which savings banks are by law
permitted to invest, and not otherwise. The trustees thereof, on
January 1 and July 1 in each year, shall turn over to the associa-
tion all income arising from such fund, which shall be used solely
for the care, maintenance, and improvement of the cemetery and
the avenues leading thereto; but in case any portion of such in-
come remains unexpended and unappropriated for one year after
being so paid over, it shall be returned to the trustees of the fund
and become a part of the principal. (306.38)
90.29. Compensation. —Every trustee of such fund shall re-
ceive five dollars for each day actually employed in the duties
of such trust, but not exceeding one hundred dollars in any one year.
Such fees shall be paid out of the general funds of the associa-
tion until such trust fund reaches one hundred thousand dollars,
363
(METDRIES
or two thousand dollars for each acre of the cemetery. There-
after the same shall be paid out of the income fund. A corpora-
tion acting as trustee may receive for its service as such any
yearly compensation agreed upon, not exceeding five per cent of
the income. (306.39)
90.30. Secretary —Annual report. —When such fund is in the
care of a board of trustees, the secretary of the association shall
act as its secretary and keep a full record of its proceedings. Such
board, on November 1 each year, shall make a full report of the
condition of the fund to the trustees of the association, which
report shall be open to the inspection of all lot owners. (306.40)
Chapter 198 of the General Laws of 1927 makes It mandatory
upon cemetery associations in or adjacent to any city of more than
50,000 population to provide a Permanent Care and Improvement
Fund and to take for such fund 20 per cent of the proceeds of all
sales of cemetery lots. See also § 90.39.
90.31. Unused portion of Tots to revert when assessments are
unpaid. —When any assessments are duly levied by any cemetery
association authorized to levy the same by its articles of incor-
poration, by-laws or otherwise for the care, upkeep and main-
tenance of any lot or lots in such cemetery and remain unpaid
for a period of 5 years, then the unused portion of such lot or
lots shall thereupon revert to and become the absolute property
of the cemetery association in which said lot or lots are situated:
provided, that such reversion shall become effective only upon en-
try of judgment in the District court of the county In which the
cemetery is situate, in proceedings instituted therefor upon peti-
tion by the association to the court and after hearing thereon
upon such notice to interested parties as may be prescribed by the
court. (306.55)
90.32. Cemetery corporation may sell certain real estate. —
That any cemetery corporation which has been heretofore incor-
porated under the laws of the state of Minnesota may sell and
convey, for other than burial or cemetery purposes, any real
estate lawfully acquired by it, which is not suitable or fit for ceme-
tery purposes, and which has not been platted for such purposes.
(306.63)
90.33. May sell real estate in excess of 100 acres. —Any pub-
lic cemetery corporation which has been heretofore or may
hereafter be incorporated under the laws of the state of Minne-
sota, and has acquired more than one hundred acres of land, may
sell and convey, for other than burial or cemetery purposes, any
real estate in excess of such one hundred acres. Provided. that
any such sale shall not include any land in which any interments
have been made. Provided, further, that any such sale shall be
approved by the unanimous vote of all the trustees of such cor-
poration. (306.64)
90.34. How cemetery association may reorganize. —Any ceme-
tery association, not having a capital stock, heretofore organized
(1913) under any law of this state, which has acquired a burial
site and sold lots therefrom, and the management of which as-
sociation is confined to the original members of the association,
364
CEMETERIES
either by the statutes then in force or the certificate of organiza-
tion, may reorganize in the following manner. (306.&8)
90.35. Meeting to be held on published notice. —Any two or
more of the original members of the association, or in case all of
the original members are deceased, then any three or more of
the lot owners in said burial site may issue a call for a meeting
of the association to be held at a time and place designated in
said notice, in the city or village nearest to said cemetery site,
for the purpose of reorganizing said association. Such notice
shall be published for two successive weeks in a legal newspaper
printed in the place in which said meeting is to be held, and shall
give at least thirty days' notice of such meeting. (306.68)
90.36. Adoption of articles, and naming of trustees. —At the
time and place mentioned in said notice those present shall or-
ganize and proceed to prepare and adopt, or authorize to be pre-
pared and adopted articles of re -association, which articles of
re -association shall conform to the requirements of the general
laws of this state for the organization of public cemetery associa-
tions, and shall name the first board of trustees and such other
officers as the meeting may determine, provided that a majority
of said trustees and officers shall be first named and afterwards
elected, from the members of the old association if there are suf-
ficient survivors living in the county where the site is located or
adjoining counties. (306.68)
90.37. To be recorded with register of deeds. —The trustees
and officers so named and elected shall, as soon as such certificate
of re -association is adopted, and recorded with the register of
deeds in the county where said cemetery is located, have all the
powers and perform all of the duties and be subject to the same
right and liabilities as that provided by the general laws of the
state of Minnesota pertaining to cemetery associations, and
amendments thereof. (306.68)
III. GENERAL PROVISIONS
90.38. Damage —Discharge of firearms. —Any person who shah
wilfully destroy, mutilate, injure, or remove any tombstone,
monument, or structure placed in any cemetery, or any fence, rail-
ing, or other work erected for protection or ornament, or any tree,
shrub, or plant within the limits thereof, and every person who,
without authority from the trustees or owner, shall discharge any
firearms upon or over the grounds of any cemetery, shall be guilty
of a misdemeanor. (307.08)
90.39. Permanent care and improvement fund. —The board
of supervisors of any township or the governing body of any in-
corporated city, village or borough, or the board of trustees or
directors, not less than three in number, of any religious incor-
poration or of any association formed under the provisions of law
for the purpose of maintaining a cemetery in the state of Min-
nesota, which shall have established and shall be maintaining a
cemetery of not less than one-half an acre In area, a plat of which
is on file in the office of the register of deeds of the county in
365
CEMETERIES
which such cemetery is located, by a unanimous vote of such
supervisors, members of governing body, trustees or directors,
which vote may be taken at any regular meeting of such board
or governing body, or at a special meeting called for the purpose,
may provide in accordance with the provisions of this act for the
establishment of a permanent fund to be deposited in the county
treasury, the income whereof shall be devoted to the care, main-
tenance, and improvement of such cemetery, which shall be known
as the "permanent care and improvement fund" of the cemetery
of such municipality or incorporation. And it is herein provided
that the establishment of any such permanent care and im-
provement fund, as hereinafter provided, shall not be deemed
invalid as violating any existing law against perpetuities or sus-
pending the power of alienation, provided, that such fund shall
never, in any case, be allowed to exceed $15,000 per acre of the
cemetery to be cared for. (306.41)
90.40. Definitions. —The term "board of directors" as used
in this act shall refer to and include the board of supervisors of
any township, the governing body of any city, village or borough,
the board of trustees or directors of any religious incorporation
or of any cemetery association described in section 1 of this
act. (306.87)
90.41. Board of directors to establish "permanent care and
improvement fund." —That said board of directors of any such
cemetery is hereby given the power and authority to require and
provide that any certain part or portion of the price paid for a
lot in such cemetery shall be taken and deposited as hereinafter
provided, as a part of said "permanent care and improvement
fund," and that the interest accruing from the amount set aside
from said lot shall be expended by the board of directors of such
cemetery in caring for and beautifying such lot, except as herein-
after provided. (306.42)
90.42. May accept gifts. —That said board of directors, is
hereby authorized and empowered to receive, accept and deposit,
as hereinafter provided, any donation or gift, of money made to
such fund so created and to provide and require that the interest
therefrom shall be used in the care, maintenance and beautifying
of such lot or lots in such cemetery, or in the care and beautifying
of Such cemetery, or for the care and beautifying of any
particular Iot or lots in such cemetery, and shall use the
same and the interest therefrom for the purpose specified by the
donor; provided, however, that if funds are lacking for the gen-
eral care of such cemetery, in the discretion of the board of di-
rectors a one -fifth part of the income, received annually from that
portion of the permanent fund credited to any particular lot or lots
by sale or gift, may be used by said board for the general care
of said cemetery. (306.43)
90.43. Funds to be deposited in county treasury. —From and
after the vote to establish such permanent care and improvement
fund the board of directors of any such cemetery shall, quarterly
on the first days of January, April, July and October in each year,
deposit in the county treasury of the county in which such ceme-
366
CEMETERIES
tery is located all such money belonging to such permanent fund.
* * * (306.44)
The intervening sections of this act provide for the county
treasury as a depository for the fund, and specify the duties of
the county auditor, county treasurer and board of auditors in con-
nection therewith.
90.44. Secretary to file annual report. —That on or before the
first day of February of each year the clerk or secretary of the
board of directors of each such cemetery shall make and file with
the county auditor a report showing In detail the amount expend-
ed of the interest received from said county cemetery fund dur-
ing the preceding calendar year. And provided, further that all
excess of such interest over the sum necessary for the care and
beautifying of said lots or cemetery, or that has not been expend-
ed, in any one year shall be deposited in the county treasury of
said county and be added to and become a part of the permanent
fund credited to such cemetery, no part of which shall ever be
used. (306.50)
90.45. Auditor to apportion interest. —On or before the first
day of March of each year the county auditor shall apportion the
interest from such county cemetery fund that shall have been col-
lected by the county treasurer during the year, to each ceme-
tery herein credited with a permanent fund in the proportion as
the amount of such cemetery's permanent fund, deposited in the
county treasury, bears to the county cemetery fund. Provided,
that if the legal existence of any religious incorporation or any
association formed under the provisions of law for the purpose of
maintaining a cemetery has terminated, the interest due from such
fund to such defunct cemetery association or incorporation shall
be paid to the treasurer of the city, village, borough, or town in
which such cemetery is located, to be expended by such munici-
pality for the care, maintenance, or improvement of such cemetery.
Funds deposited according to the provisions of section 306.44 just
before the close of such year, on which no interest has been col-
lected, shall not be considered as a part of the permanent fund
for that apportionment. (306.51)
90.46. Auditor shall report to secretary.— That immediately
after such apportionment the county auditor shall report to the
secretary of each such cemetery the apportionment of interest due
such cemetery, together with a statement of the total amount of
funds received by the county treasurer under the terms of this
act during the preceding year closing on January 1 of each year
and also a statement of the total amount of such permanent care
and improvement fund belonging to such cemetery. (306.52)
90.47. Auditor to pay interest to treasurer of board. —That
on and after the first day of March of each and every year, if the
board of each such cemetery shall have made its report and de-
posited the excess of interest as provided in section 11 of this act,
and not otherwise, the county treasurer, under the warrant of
the county auditor, shall pay to the treasurer of the board of direc-
tors of each cemetery acting under the provisions of this act its
apportioned share of the interest from such cemetery fund
(306.53)
367
C'EMETERIES
Note: The Village Council of any village with an assessed valua-
tion of over 70,000 in a county containing more than 70 and less than
80, full and fractional townships and County of a population of more
than 20,000, may, by law, levy annually a tax of not to exceed two
mills to maintain and improve any cemetery grounds owned by the
village.
90.48. Villages and townships may cooperate in support of
cemeteries. —Where a village or town owns and maintains an es-
tablished cemetery or burial ground, either within or without the
municipal limits, the village or town may, by mutual agreement
with contiguous villages and towns, each having an assessed valua-
tion of not less than $500,000, join together in the maintenance of
such public cemetery or burial ground for the use of the inhabi-
tants of each of such municipalities; and each such municipality
is hereby authorized, by action of its council or governing body,
to levy a tax or make an appropriation for the support and main-
tenance of such cemetery or burial ground; provided, the amount
thus levied or appropriated by each municipality shall not exceed
a total of $1,000 in any one year, except that any of the aforesaid
towns, the assessed valuation of which exceeds $3,000,000, may levy
$2,000 in any one year. (471.24)
90.481. Appropriation for private cemetery. —The governing
body of any village or town may, in its discretion, appropriate a
sum not to exceed $1500 per annum to any privately owned ceme-
tery located within or without its boundaries if the cemetery is
used for the burial of the dead of the village or town without
restriction.
90.49. Any public cemetery association which owns a cemetery
located within or partly within a village may transfer such ceme-
tery to the village in which it is located or partly located, together
with all the funds and property of such association, whether such
funds be of a trust character or otherwise. Any village in which
such a cemetery is located or partly located may accept a trans-
fer of any such cemetery and of the property and funds thereof,
and may continue to operate, maintain, manage and conduct such
cemetery, and to sell lots therein and provide for the burial of the
dead therein. All funds received from such cemetery association
upon such transfer shall be administered by the village for the
same purposes and upon the same trusts for which they were
originally established.
To accomplish such transfer, the board of trustees of such
cemetery association shall first adopt a resolution to that effect
by a unanimous vote of the members of the board of trustees,
and thereupon the chairman or president of the board of trustees
and the secretary shall be authorized to execute the proper instru-
ments to evidence the transfer thereby and herein authorized, pro-
vided, however, that such transfer must first have been authorized
by a majority vote of all the members of the association at any
regular meeting or at any special meeting called for that express
purpose.
Before such transfer shall be made, the village council of the
village in which such cemetery is located or partly located shall
first adopt a resolution agreeing to accept such transfer of the
property and funds of such cemetery association, and agree to
continue to operate, maintain, manage, conduct and control such
cemetery, to sell lots therefrom and to administer the funds there-
368
CEMETERIES
of for the same purposes and upon the same trusts for which
they were originally established.
If a trust fund for the perpetual care of cemetery lots is trans-
ferred to any such village pursuant to this act, then such fund
shall be preserved and kept and used and administered for the
same purposes and upon the same trusts as if such transfer had
not been made. All lots for which payment in full for perpetual
care has been made to such cemetery association, shall be entitled
to receive and such village shall provide such perpetual care.
After any such transfer, all lot owners shall be entitled to the
same rights and privileges with respect to their lots as if such
transfer had not been made.
After any such transfer shall have been made, as herein pro-
vided, and shall have been accepted by any such viilage, the village
council of any such village shall operate, maintain, conduct, control
and manage such cemetery so transferred. For that purpose it may
appoint a committee of the council.
The village council may adopt rules and regulations for the
conduct, management, maintenance and operation of any such
cemetery, but such rules may not infringe upon the rights of lot
owners who were such at the time the transfer was made. (306.025)
369
CHAPTER XV.- PARTITION FENCES.
100.00. Fence viewers. —Supervisors in their respective towns,
alderman of cities in their respective wards, the Commissioner of
Public Works in cities having a commission form of government,
and village trustees in their respective villages, shall be fence
viewers. (344.01)
100.01. Legal fences. —All fences consisting of not less than 32-
inch woven wire and two barbed wires firmly fastened to well set
posts not more than one rod apart, the first barbed wire being
above and not more than 4 inches from the woven wire and the
second barbed wire being above and not more than 8 inches from
the first wire; all fences consisting of not less than 40-inch woven
wire and one barbed wire firmly fastened to well set posts not
more than one rod apart, the said barbed wire being above and
not more than 4 inches from the said woven wire; all fences con-
sisting of woven wire not less than 48 inches in height, and one
barbed wire not more than 4 inches above said woven wire firmly
fastened to well set posts not more than one rod apart; all fences
consisting of not less than four barb wires with at least forty
barbs to the rod, the wires to be firmly fastened to posts not more
than one rod apart, the top wire to be not more than 48 inches
high and the bottom wire not less than twelve inches nor more
than sixteen inches from the ground; and all fences consisting of
rails, timbers, wires, boards, stone walls or any combination thereof
or of streams, lakes, ditches or hedges, which shall be considered
by the fence viewers as equivalent to any of the fences herein
described, shall be deemed legal and sufficient fences. In all cases
where adjoining land owners disagree as to the kind of a fence
to be built on any division line, the matter shall be referred to the
fence viewers who shall determine what kind of fence shall be
built on such line and shall order such fence built according to
law. Whenever the lands of two persons adjoin, and the land of
one of such persons is enclosed an all sides except the side form-
ing a division line between such lands by a woven wire fence, then
and in such case each of such persons shall erect a fence of like
character and quality along such division line for a distance of
one-half the total length thereof, and shall thereafter maintain
the same in equal shares. (344.02)
100.02. Owners or occupants to keep up and maintain partition
fences. —The adjoining owners or occupants of lands in this state
when the land of one or both of such owners is in whole or in part
improved and used, and one or both of such owners desires his or
their land to be in whole or in part fenced, shall build and maintain
the partition fence between their lands in equal shares. (344.03)
Note to § 100.02. The law with regard to partition fences applies
to lands inclosed for the purpose of pasturage or grazing as well as
to cultivated lands (see § 100.12). But it is only the "occupants of
lands inclosed with fences on all sides who are bound to maintain
partition fences between their own and the next adjoining inclosures.
It is held, however, that any person occupying land and interested
in the making and maintaining of a division fence, is entitled to
avail himself of the provisions of statute in reference to division
fences; the remedy is not limited to the owner of the fence.
370
PARTITION FENOES
100.03. Neglect —Complainant may repair. —In case any person
neglects to build, repair or rebuild any partition fence which of
right he ought to build or maintain the aggrieved party may com-
plain to the fence viewers who, after notice to the parties. shall
examine such fence or into the need of such proposed fence and
if they determine that the fence then existing is insufficient or a
new fence is necessary, they shall notify the delinquent owner or
occupant in writing to that effect and direct him or them to build,
repair or rebuild the fence within such time as they deem reason
able, and if the delinquent fails to comply with such directions, the
complainant may build, repair or rebuild such fence at his own
expense subject to reimbursement as hereinafter provided. (344.04)
Note to § 100.03. The complaint to the supervisors tnay be either ver-
bal or in writing, but the notice should be in writing. As to what
is "due notice" should be determined by the circumstances of the
case by the supervisors. Copies of the notice should be served upon
aach party, and proof of service made to the supervisors before they
proceed to act.
100.04. Value of repairs, etc., recoverable. —When any such new
or deficient fence built, repaired or rebuilt by the complainant un-
der the provisions of 344.04 (100.03) is adjudged sufficient by
the fence viewers, they, after giving the occupants reasonable no-
tice and an opportunity to be heard shall ascertain the expense
thereof and give to the complainant building, repairing or rebuild-
ing the same a certificate of their decision under their hands and
of the amount of such expense, together with their fees; and
thereupon, such complainant may demand, either of the owner or
occupant of the land where the fence was wanting or deficient
double such ascertained expense, together with such fees; and in
case of failure to pay the sum so due within one month after de
mand, the complainant may recover the same, with interest in a
civil action. (344.05)
100.05. Controversy, how settled. —If a controversy arise in re-
gard to the rights in partition fences of the respective occupants, or
their obligation to maintain the same, either party may apply to the
fence viewers, who after due notice to the parties, may assign to
each his share in such fence, and direct the time within which the
same shall be erected or repaired. Such assignment may be filed
for record with the register of deeds, and thereupon shall be bind-
ing upon the parties and upon all succeeding occupants of the lands.
(344.06)
Note to § 100.05. A person into whose inclosure cattle break
through a defective fence which he is bound to repair, should not turn
them into the highway. They should at least be put back into the
pla e they escaped from through his neglect.
100.06. Failure to maintain. —In case any party fails to erect or
maintain the part of any fence so assigned to him, the aggrieved
party may erect and maintain the same, and shall be entitled to
double the value thereof, to be ascertained and recovered as pro-
vided in the case of repairs. (344.07)
100.07. Division of fences, valid. —All divisions of fences made
by fence viewers under this chapter, or which shall be made by
owners of adjoining lands in writing, witnessed by two witnesses.
signed and acknowledged by the parties, and filed for record with
371
r'ARTITION FENCES
the register of deeds, shall be valid against the parties thereto and
their heirs and assigns. (344.08)
Note to § 100.07. Adjoining owners should if possible mutually agree
as to the proportion that each shall maintain of the division fence
between their adjoining lands, without applying to the supervisors.
Such agreement must be reduced to writing, and be executed, ack-
nowledged and recorded in the same manner as a common deed.
100.08. Party erecting more than one share. —When, in any con-
troversy between occupants of adjoining lands as to their re-
spective rights in any partition fence, it shall appear to the fence
viewers that either of the occupants has voluntarily erected, or
otherwise become the proprietor of more than his just share of
such fence, before a complaint was made the other occupant shall
pay for so much thereof as may be assigned to him to repair and
maintain, the value of which shall be ascertained and recovered in
the manner in this chapter provided. (344.09)
100.09. Land bounded by stream, etc. —When lands of different
persons which are required to be fenced are bounded upon or
divided by a stream or pond, which in the judgment of the fence
viewers is not in itself a sufficient fence, and it is in their opinion
impracticable, without unreasonable expense, for a partition fence
to be made on such waters in the place where the true boundary
line is, if the occupant on either side refuses or neglects to join
with the occupant on the other in making a partition fence on one
side or the other, or if such occupants disagree respecting the
same, the fence viewers, on application of either party, shall forth-
with view such stream or pond, and, after giving due notice to the
parties, shall determine, in writing on which side thereof the fence
shall be erected and maintained, or whether partly on one side and
partly on the other. If either party falls to build or maintain his
part of such fence according to such determination, it may be built
and maintained by the other party, and the delinquent party shall
he subject to all the charges and costs as in other cases in this
chapter provided, to be recovered in like manner. (344.10)
100.10. Lands occupied in common. —Whenever one of the occu-
pants of inclosed lands belonging to different persons in severalty,
which have been occupied by them in common without a partition
fence. desires to occupy his part in severalty, and the other party
refuses or neglects to divide the land with him or to build a fence
on his part of the land when divided, the party desiring it may
have the same divided and assigned by the fence viewers in the
manner provided in this chapter. (344.11)
Note to § 100.10. The general principles must be observed in all
proceedings con,erning partition fences. 1. A complaint or applica-
tion by one of the parties must be made to the supervisors. 2. A
notice, reciting precisely and according to the section of the law
under which action is taken what is proposed to be done, must be
made and signed by the supervisors, and served upon each party.
3. The supervisors, after proof of due service is made, must proceed
to view the premises and make their order according to the statute
and the best of their jndgn "rt. The statute must be strictly ob-
served; and when the supervisors have complied with the statute,
the rights of parties under their determination and order are final
and complete and they can enforce them at law, and all their rights
thereunder descend to their heirs and assigns also.
372
PARTITION FENCES
100.11. Viewers to fix time for building. —Upon such division
and assignment being made, the fence viewers may in writing,
under their hands, assign a reasonable time for building the fence,
having regard to the season of the year, and if either party fails to
build his part thereof within the time so assigned the other party
may, after completing his own part thereof, build the other part,
and recover therefor double the expense thereof, together with the
fees of the fence viewers, to be ascertained as provided in this
chapter. (344.12)
100.12. Rule when lands are first inclosed. —When the uninclosed
lands are afterwards inclosed, the owner or occupant thereof shall
pay one-half of the value of each partition fence, extending upon the
line between his land and the inclosure of any other owner or occu-
pant. In case the parties do not agree, such value shall be ascer-
tained by the fence viewers and stated in writing under their hands,
and, if such owner or occupant fails to make such payment within
60 days after the value is so ascertained and a demand made, the
owner of such fence may recover such value and the cost of ascer-
taining the same in a civil action. (344.13)
100.13. Viewers when fence on town line. —Where a partition
fence is to be built on a line between towns or partly In one town
and partly in another, a supervisor taken from each town shall be
the fence viewers thereof. (344.14)
100.14. When fence runs into water. —Unless otherwise agreed
by the parties, partition fences running into water shall be built in
equal shares, and, in case either party fails to build or maintain the
share belonging to him, similar proceedings shall be had as in the
case of other fences and with like effect. (344.15)
100.15. Effect of record of division. —Where the line upon which
a partition fence is to be built between unimproved lands has been
divided by the fence viewers, or by the recorded agreement of the
parties, the several owners thereof, and their heirs and assigns, for-
ever, shall erect and maintain such fences agreeably to such divi-
sions. (344.16)
100.16. Neglect to perform duty —Penalty. --Any fence viewer
who shall unreasonably neglect to perform any duty required by
this chapter shall forfeit $5 to the town, and shall also be liable to
the party injured for all damages consequent upon such a neglect.
(344.17)
100.17. Compensation of viewers. —Each fence viewer shall be
paid for his services by the person employing him at the rate of $5
for each day's employment and the sum of $5 for each fence viewer
shall be deposited with the town treasurer before such service is
performed. (344.18)
100.18. Viewers in counties not divided. —In counties not divided
into towns, the county commissioners shall be fence viewers, and
shall be governed by the provisions of this chapter. (344.19)
373
CHAPTER XVI.-ESTRAYS AND BEASTS
DOING DAMAGE.
I.—ESTRAYS.
110.00. Who may take up. —No person shall take up any estray,
except horses or mules, unless such estray shall be found on lands
owned or occupied by him in the town wherein he resides. (346.01)
110.01. Finder to give notice —Penalty. —Every finder of an es -
tray, within seven days thereafter, shall notify the owner thereof,
if to him known, and request him to pay all reasonable charges and
take such estray away; but, if such owner be to him unknown, he
shall within ten days file a notice with the town clerk. Such clerk
shall transmit a copy thereof to the register of deeds, who shall
record the same in a book designated "Estray Book." If the estray
is of less value than $5, such finder shall give posted notice thereof
in said town, but if the value exceeds $5, he shall give four weeks'
published notice thereof. Such notice shall briefly describe the
estray, giving its marks, natural and artificial, or near as prac-
ticable, naming the residence of the finder, and specifying the town,
section, and time when taken up. For failure to give such notice,
the finder shall be liable to the owner of such estray in double the
amount of damages sustained by him thereby. (346.02)
Note to § 110.01. To be an "estray" under our statutes the ani-
mal must be found wandering. and its owner must be at the time
unknown to the person taking it up. But cattle escaping from prem-
ises of their owner and found on adjacent premises, and taken up
by a person knowing at the time who is their owner, are not "es -
trays" within the meaning of the statute. His remedy is under
another statute.
110.02. Appraisement.—Every finder of an estray of the value of
$10 or more at the time of taking up shall also within one month
thereafter cause the same to be appraised by a justice of the peace
of such town, and the certificate of such appraisement shall be
filed with the town clerk. The finder shall pay the justice fifty
cents for such certificate, and six cents per mile for each mile
necessarily traveled to make the same. (346.03)
110.03. Charges for keeping. —The person entitled to the posses-
sion of any such estray at any time within one year after such
notice is filed with the town clerk may have the same restored to
him upon proving his right thereto, and paying all lawful charges
that occur in relation to the same. If such person and the finder
cannot agree as to the amount of such charges, or upon what should
be allowed for use of such estray, either party, on notice to the
other. may apply to a justice of the peace of such town to settle
the same, who for that purpose may examine witnesses on oath.
If any amount shall be found due to the finder, over the value of the
use of such estray, the same, with costs, shall be a lien upon such
estray, and the costs of such adjudication shall abide the decision
of the justice. (346.04)
110.04. Sale. —If no claimant for such estray shall cause its
return to him as before provided, and if such estray shall not have
374
BEASTS DOING DAMAGE
been appraised at more than $10, the finder shall thereupon become
the owner thereof; but, if such appraised value exceeds $10, the
estray shall be sold at public auction by any constable of the county
on the request of the finder. Notice thereof shall be given and the
sale conducted and the same fees allowed as in case of sales upon
Justice's execution. The finder may bid at such sale and at the
time thereof shall deliver to such officer a statement in writing of
his charges. After deducting such charges, if reasonable, and the
costs of sale, the officer shall deposit the remainder of the money,
together with said written statement, and a statement of the costs
of sale, with the county treasurer, taking his receipt therefor. If
the finder of any such estray shall fail to cause such sale to be
made, he shall pay to the town the value of such estray, to be
recovered in an action by the town. (346.05)
110.05. Money, how disposed of. —If the money so deposited be
not claimed by the farmer owner of the estray within one year after
such sale, the same shall be paid by the county treasurer into the
public school fund. (346.06)
110.06. Removal of estray—Neglect to give notice. —If any per-
son, without the consent of the finder, shall take away any estray
taken up pursuant to this chapter, without first paying all lawful
charges incurred in relation to the same, he shall be liable to the
finder for the value of such estray; and, if any person taking up
the estray shall neglect to comply with the provisions of this
chapter, he shall be precluded from acquiring any right of property
in such estray, and from receiving any charges or compensation in
relation thereto. (346.07)
II. —BEASTS DOING DAMAGE.
110.07. Who may distrain.—The owner or occupant of land may
distrain any beast doing damage thereon, either while upon the
premises, or upon immediate pursuit of such beast escaping there-
from, and before returning to the inclosure or immediate care of the
owner, or keeper, and keep such beast upon his premises or in
some public pound in his town, until his damages shall be ap-
praised as hereinafter provided. (346.08)
Note to § 110.07. The common law is: "That every man is bound
to keep his animals on his own land, and if he suffers them to escape
and go upon the land of another, he is a trespasser." The common
law has been extended, from time to time, by special acts and fewer
exceptions to the general act, to all the older and more populous
counties of the state, narrowing the territory. year by year, in
which cattle may be allowed to run at large. Even in the counties
and parts of counties that are permitted to vote on the subject
unless the statute be strictly followed in the manner of voting, the
canvass, the final passage, and duly posting up copies and recording
the by-laws allowing stork to run at large, the common law will
still prevail in such lonalities.
Distralning beasts doing damage is the taking and holding with-
out process until payment is made, of animals found and captured
doing damage on one's land. They must be distrained while on the
lands, and if they escape therefrom they cannot be recaptured and
distrained. One animal cannot be distrained for damage done by
another at the same time though In the same field and belonging
to the same person. An appralsement of damages done by cattle
distrained while doing damage must not include damage previously
375
BEASTS DOING DAMAGE
done. A party failing or neglecting to dlstrain beasts doing damage
may maintain an action at law for suah damages.
110.08. Notice to owner. —The person distraining shall give
notice to the owner of such beast, if known to him, within twenty-
four hours if he resides in the same town, and within forty-eight
hours if he resides in another town in the same county, Sundays
excepted, specifying in such notice the time when and place where
distrained, the number of beasts, and the place of their detention,
and that at a time and place stated therein, which shall not be less
than twelve hours after the service of such notice, nor more than
three days after such distress, he will apply to a designated justice
of the peace of the county for the appointment of appraisers to
appraise the damages; but if the owner be unknown, or does not
reside in the county, he shall apply for the appointment of such
appraisers within twenty-four hours after such distress without
notice. Upon such application the justice shall appoint, in writing,
three disinterested freeholders of such town to appraise the dam-
ages, for which he shall receive a fee of fifty cents. If the distrain-
ing persons fails to apply for appointment of appraisers within the
time designated in subdivision 1, the owner of the beasts distrained
may In the same manner apply for appointment of appraisers.
(346.09)
110.09. Appraisement.—The appraisers, immediately after their
appointment, shall be sworn, and view the damage done. They
may take the evidence of any witnesses of the facts and circum-
stances necessary to enable them to ascertain the extent of such
damage, and the insufficiency of any line fence on the premises
where the damage was done, if any dispute shall arise touching
the same, and may administer oaths to such witnesses. They shall
certify under their hands the amount of such damages, and the
costs of keeping such beasts to that time, with their fees, not
exceeding $1 per day each: and their determination as t.o such
damages, and the sufficiency of such fence, if in dispute, shall be
conclusive. (346.10)
110.10. Tender and effect. —At any time before proceedings are
begun for such appraisement, or before action is brought for the
recovery of damages, the owner or his agent may tender, to the
person aggrieved by the depredation of such animal, the amount of
damages which such owner may believe has been sustained. If
such tender be accepted. no further damages shall he recovered in
any way; if refused, and the person aggrieved fails to substantiate
or recover as damages a sum greater than that tendered, no costs,
disbursements or expenses shall be collected or recovered in his
favor, but he shall pay the costs and disbursements of such owner.
(346.11)
Note to § 110.10. To "tender" is to offer a sum of money in satis-
faction of a claim, by producing and showing the amount to the
party claiming. and expressing a willingness to pay it.
110.11. Beasts impounded, etc. —Unless the damages so ascer-
tained, together with the fees of the appraisers and justice, shall
be paid within twenty-four hours after appraisal, the person die -
training shall cause the beasts to be put into the nearest pound of
the same town, if there be one, and, if not, then in some secure
inclosure therein, where the same shall remain until sold as herein-
376
MISCHIEVOUS DOGS
after directed, or until such damages, fees, and the costs of keeping
such beasts after appraisal shall be paid or until otherwise seized
or discharged according to law. From the time of seizure until dis-
charged or sold such beasts shall be furnished with suitable food,
the expense of which, after the appraisal, shall be added thereto as
additional costs; and, if such beasts be put in a pound, certificate
of appraisal shall be delivered to the keeper thereof. (346.12)
110.12. Sale —Time and notice. —The poundmaster shall receive
and keep in the public pound any beasts so delivered to him, and,
unless seized or discharged according to law within six days, shall
sell the same or as many as shall be necessary to pay such dam-
ages, fees, and costs, at public auction, giving three days' posted
notice thereof, and posting one such notice on the pound. (346.13)
110.13. Sale if not impounded. —If, by reason of there being no
pound within such town, such beasts shall be kept within some
other inclosure, and shall not be discharged therefrom in the man-
ner hereinbefore provided within six days after being placed there-
in, the sheriff or any constable of the county shall sell such beasts,
or so many as may be necessary to pay such damages, fees and
posts of keeping, upon the same notice as is required in sales of
personal property on execution. (346.14)
110.14. Redemption. —The purchaser of any animal sold under
the preceding two sections shall keep the same at least two
'uonths, during which time the owner may redeem such animal by
paying all costs and charges of keeping, and the amount paid
therefor at the sale, with interest thereon at 12 per cent. per annum.
(346.15)
110.141. Proceeds of sale. —From the proceeds of such sale the
person making it shall retain his fees therefor, which shall be the
same as are allowed constables on execution sales, and the costs of
keeping such beasts, and he shall pay to the distrainer the damages
so certified, with fees of the appraisers and justice; and the sur-
plus, if 'ny, shall be paid to the owner of the beasts, if known.
If no one appears at the time of such sale, or within one week
thereafter, who claims such surplus, the same shall be paid to the
treasurer of the town, to be paid to the owner of the beasts, if
claimed within one year after the distress. I' not applied for
within one year, the money shall be applied to the use of the town.
(346.17)
110.15. Taking distrained beasts a misdemeanor. —If any per-
son, without authority of law, and without first paying the damages
and costs, takes any distrained beasts out of the possession of the
person making the distress, or that of the sheriff, constable, or
poundmaster, as the case may be, without his consent, he shall be
guilty of a misdemeanor, and shall also be liable to the person
injured in double the amount of the damage done by such beasts.
(346.18)
III. —MISCHIEVOUS DOGS.
110.16. Licensing of dogs. —In the manner provided in Chapter
410, Laws 1939, as amended by Chapter 294, Laws of 1943, the
board of county commissioners of any county is authorized to
is77
MISCHIF7VOiUS DOGS
establish a system of licensing and regulating the running at
large of dogs, except in cities of the first class and to create a
livestock indemnity fund to be disbursed as provided in that
act. Before so doing there must be filed with the county auditor
a petition signed by at least twenty-five per cent of the persons
engaged in raising livestock, including poultry, in the county re-
questing the board to establish such a petition. When such peti-
tion has been filed, the board shall establish such system, or they
may by majority vote on their own motion and without petition
establish such system. The board shall exclude boroughs, second,
third and fourth class cities, if such municipalities have in opera-
tion a satisfactory law regulating dogs running at large. At any
time after such system has been in effect for a period of two
years from the date of its establishment, it may by revocation,
by a majority vote of the commissioners, but provided that be-
fore such revocation the board shall give at least ten days' notice
of such hearing by publication in at least one newspaper published
and circulating in the county. In every county in which such
licensing system is established every dog more than six months
of age is required to have a license, to be obtained on or before
February 1 in each year. The license fee prescribed by the county
board shall be not less than fifty cents nor more than $1.00 for a
male dog, and not less than $1.00 nor more than $2.00 for a female
dog, and shall be paid to the town, village or city clerk. The
application for the license shall state the name, sex, breed, age,
color and markings of the dog for which the license is sought.
The license year shall correspond to the calendar year and for
the current year shall expire December 31st, 1939. The sale or
transfer of any licensed dog operates as a transfer of the license.
Every assessor is required to ascertain all dogs owned, harbored
or kept within his assessment district, and to file with the town
or village clerk a list containing the names and addresses of all
owners of dogs in his assessment district, together with the number
and sex of such dogs. The assessor shall also make a list of the
names of all persons owning and operating kennels and the number
of dogs kept in each. The owner of a kennel may in lieu of a
license for each dog kept therein, apply to the town, city or village
treasurer for a kennel license for which the annual license fee is
$10.00. The lists prepared by the assessor shall be filed with the
town, village or city clerk at the time of the filing of the assess-
ment roll. The clerk shall receive a fee of 10 cents for each
license issued, to be paid by the town out of the revenue funds.
The act contains minute regulations governing the issuance and
form of licenses for dogs, and is too long to condense in this sec-
tion. The act also provides that any person may seize, impound
or restrain any unlicensed dog which he may find running at
large. (347.08, 347.09, 347.14)
110.17. Injury by dogs. —All owners or keepers of any dog or
dogs, that shall kill, wound, or worry any domestic animal or ani-
mals, shall be jointly and severally liable to the owner of such
animal or animals for all damages done by such dog or dogs, with-
out proving notice to or knowledge, by any such owner or keeper
of such dog or dogs, that any or either of them was mischievous
or disposed to kill or worry any domestic animal. (347.01)
110.18. Keeping after notice —Penalty. —Every person who shall
keep or harbor a dog which has bitten any domestic animal, after
378
ANIMALS RUNNING AT LARGE
having notice of such fact, shall pay a fine of $5 for every day he
keeps, harbors, or permits such dog to remain on his premises
thereafter. (347.02)
110.19. Worrying sheep. —Any owner or caretaker may kill
any dog found chasing, injuring or worrying his sheep or other
livestock or poultry owned by or in care of such owner or care-
taker, on lands or premises owned or controlled by him, and any
owner or caretaker of sheep may kill any dog found on his prem-
ises where sheep are kept, not under the restraint or control
of his owner or other person. (347.03)
110.20. Nuisance, when procedure. —Any dog that habitually
worries, chases, or molests teams or persons traveling peaceably
on the public roads, is a public nuisance. Upon complaint in
writing made to a justice of the peace, containing a. description of
such dog, and giving his name and that of his owner, if known and
if not, so stating, and that such dog is a public nuisance, the justice
shall issue a summons, if such owner is known, commanding him
to appear before said justice at his office at a time therein stated,
not less than six nor more than ten days from the date thereof,
to answer such complaint. Such summons shall be served not
less than six days before the day of hearing thereon, in the same
manner as other justice court summonses. (347.04)
110.21. Owner not known. —If it appears from the complaint
such owner is not known, ten days' posted notice, containing a
description of such dog as given in the complaint, and stating that
such complaint has been made, and the time and place of hearing
thereon, shall be given in the town where such justice resides.
(347.05)
110.22. Hearing —Judgment. —On the day of hearing the justice
shall hear the evidence in the case, and, if he shall find therefrom
that such dog is a public nuisance, he shall enter judgment accord-
ingly, and thereupon shall order the constable to kill and bury such
dog, which order such constable shall forthwith execute. (347.06)
110.23. Costs. —Costs in the first instance shall be paid by the
complainant, but if the dog is adjudged a nuisance, and the owner
is known, judgment shall be entered against him therefor. (347.07)
IV. —RUNNING AT LARGE OF CERTAIN ANIMALS.
110.25. Penalty. —The owner of any stallion over the age of one
year, bull over the age of nine months, boar or ram over the age
of three months, or of any breathy cattle, who shall suffer the same
to run at large in any town, shall forfeit to such town $5 for each
day any such animal shall be so at large. "Run at large" means
any animal which is not picketed, confined in a corral or other-
wise restricted by a properly constructed and maintained legal
fence as defined by Minnesota Statutes 1945, Section 344.02.
(346.19)
110.26. Owner notified —Proceedings. —Upon notice that any
such animal is running at large, the chairman of the town board
shall forthwith notify its owner, and, if he does not immediately
confine such animal such chairman shall cause suit to be brought
379
ANIMALS RUNNING AT LARGE
against him, in the name of the town, to recover the forfeiture, and
such animal may be sold under execution in said action to pay the
forfeiture and costs. After deducting the costs and expenses of
suit, all such forfeitures collected shall be paid into the town treas-
ury for the use of the road and bridge fund. (316.19)
110.27. Proceedings when owner not found. —If unable to find
the owner of any such animal, the chairman shall cause it to be
confined in the public pound, if there be one, and, if not, in some
other inclosure, for three days; and, if not then claimed, he shall
cause it to be sold at public auction upon five days' posted notice.
From the proceeds of such sale he shall deduct the amount of the
forfeiture and expenses, and deposit the balance with the town
treasurer, which shall be paid to the owner of such animal if
applied for within one year. If not so applied for, the same shall
be paid into the town treasury for the use of the town. (346.19)
110.28. Castration of animals —Chairman, neglected by. —If, after
being notified as in this subdivision provided, the owner of any such
stallion, bull, boar, or ram shall permit the same to continue or
again to run at large, such chairman shall forthwith cause the same
to be taken up and castrated in the usual manner, and shall have a
lien on such animals for the expenses of so doing, and may also
recover the amount of such expense from the owner of such animal
in a civil action brought in the name of the town. Provided, that
any such ram running at large may be castrated without liability
for damages by any person among whose sheep he shall be found.
Any chairman who shall refuse or neglect to perform any of the
duties required by this subdivision shall be guilty of a misde-
meanor. (346.19)
110.29. Permitting to run at large unlawful. —It shall be unlaw-
for any owner or any person having the control of any animal of
the species of cattle, horses, ass, mule, sheep, swine or goat to per-
mit same to run at large in the state of Minnesota. (346.16)
110.30. Same —Treble damages. —Any person who shall know-
ingly permit the running at large of any such domestic animal shall
be liable to the person aggrieved for treble damages sustained by
him to be recovered in a civil action brought for that purpose.
(346.16)
110.31. Same —What deemed running at large. —The herding of
any such animal upon any land over the protest and against the
will of the owner shall be deemed a running at large. (346.16)
V.—ANIMALS RUNNING AT LARGE IN VILLAGES
110.32. Domestic animals shall not run at large. —Trespass. —
It shall be unlawful for any person or persons to allow any cattle,
horses, mules, sheep, swine, or other domestic animals, or any
domestic fowls, of which they are the owners, or of which they
have the control, to run at large, or upon the lands of another
within any city or village in this State. Permitting such run-
ning at large, or upon the lands of others, shall be and constitute
a trespass. (561.05)
380
ANIMALS RUNNING AT LARGE
110.33. Violations —Penalty. —Every such trespass and each and
every violation of any of the provisions of this act shall be and con-
stitute a misdemeanor, and upon conviction thereof, the person so
offending shall be punished by a fine not exceeding one hundred
dollars. (561.06)
110.34. Animals may be impounded. —Any person may, and
every Sheriff, Constable and Police Officer shall distrain and im-
pound all such animals and fowls so running at large or trespass-
ing, and when so impounded such proceedings shall be had relative
to the animals and fowls so impounded as are or shall be provided
by the general laws of this State relating to the impounding of ani-
mals. (561.07)
See §§ 110.00 to 110.31.
110.35. Owner of property may distrain.—The owner or occu-
pant of lands in any city or village may distrain any of such ani-
mals or fowls doing damage on such lands, and thereupon such
proceedings as to the said animals or fowls and the disposition
thereof and the damage done thereby as are or shall be provided
by the general laws of this state relating to the distraining by the
owner or occupant of lands, of any beast doing damage thereon,
the disposition of the beast distrained, and the appraisal of the
damages, and the collection thereof. (561.08)
110.36. Owner of animals to be liable for trespass. —In case
the owner or occupant of lands shall not distrain the animals
or fowls doing damage as provided herein, then any person wiir.
shall knowingly permit the running at large or trespass of any such
domestic animal or fowl within any city or village, shall be liable
to the person aggrieved for treble the damages sustained by him,
to be recovered in a civil action. (561.09)
381
CHAPTER XVII.-LIENS.
A lien is the right to retain possession of personal property
until some debt due on, or secured by, such property is paid or
satisfied.
This right in some cases is extended to confer a lien after
relinquishment of possession; such as liens for labor and material,
shoeing animals, service of stallions, threshing claims, etc.
1.—FI LING
120.01. Lien instruments to be filed with register of deeds. —Any
bill of sale, instrument, evidencing a lien on or reserving title to
personal property and satisfactions of liens on personal property,
shall be filed with the register of deeds in the county in which the
said personal property is situate. (511.20)
Note to § 120.01. The salaries of the register of deeds of the
counties of Ramsey, Hennepin, St. Louis, Ottertail and Polk, are fix-
ed by special law. Therefore in the counties above named the liens
and Instruments, named or referred to in § 120.01 will be filed in the
office of the respective town clerks or village recorder or the city
clerk, as the case may be. In all other counties of the state these
liens are to be flied in the office of the register of deeds. (Chap. 864,
G. L. 1910.
120.02. Fees for filing and documents not to be removed. —Every
register of deeds shall receive and file any such instrument, which
shall be executed, witnessed, and acknowledged according to law,
or a true copy thereof and shall immediately number and index
the same, and certify on each instrument the exact time of re-
ceipt, which certificate shall be prima facie evidence of the facts
stated therein. No such instruments shall be removed from the
office where filed until cancelled, released, or satisfied. The fees
for filing such instruments shall be thirty-five cents for each
instrument and twenty-five cents for a certified copy thereof,
when copy is furnished. This amount to be paid to the register
of deeds at the time of filing, and such fee shall be retained by
the register of deeds, as additional salary and compensation for
filing such instruments. The register of deeds shall, upon request,
furnish and certify an abstract of all such chattel mortgages, bills
of sale, conditional sales contracts, assignments, releases, re-
newals, affidavits and all other instruments relating to any thereof
on file in his office, giving the number of the instrument, date and
time of filing, name of grantor, name of grantee, name of instru-
ment, date of instrument, amount, and brief description of the
property, upon payment of 25 cents for the first four entries and ten
cents for each subsequent entry on each instrument abstracted and
25 cents for his certificate thereon, with a minimum fee of 25 cents,
provided, that in each of the cases mentioned hereinabove, in any
county having a population of over 500,000, the fee in each such
case shall be 50 cents. (511.21)
120.03. Index to be kept. —Every register of deeds shall keep in
his office an index book in which he shall enter the number given
to every such instrument, the names in alphabetical order of the
lien debtor and lien creditor and vendee and vendor, and the exact
time of filing the instrument. He shall also enter the sum for
382
LIENS
which a lien is claimed and the satisfaction of the same when
made. (511.22)
120.04. Application. —This act shall not apply to cities of the
first class, nor to counties wherein the salary of the register of
deeds is fixed by special law.
II. —SEED GRAIN LIENS
120.05. Agreement —Lien. —To secure a loan or purchase of seeds
grain, or seed potatoes, the person receiving the same shall execute
to the vendor or lender a note or contract containing a statement
of the amount and kind of seed, and the terms or the agreement
relative thereto. Upon filing the same or a copy thereof, as here-
inafter provided, said vendor or lender shall have a lien on the crop
grown therefrom. (511.29)
Note to §§ 120.05, 120.06, 120.07. A note or contract given for sowing
seed must be given at the time seed is furnished in order to be valid,
It must be filed in the office of the register of deeds of the county
where the land upon whh_h the seed is sown is situated within 30
days from the date of its execution and delivery, and when so exe-
cuted, delivered and filed it constitutes a first lien on the crop. The
lien becomes extinct after one year from date of filing.
120.06. Filing —Duration of Tien. —To preserve said lien, the per-
son furnishing seed as aforesaid, within thirty days after the execu-
tion of such note or contract, shall file the same, or a copy thereof,
with the register of deeds of the county, in which the land upon
which the crop is to be grown is situated. Thereupon the lien shall
continue for the term of one year from the date of filing upon the
crop growing or grown from such seed, to the amount and accord-
ing to the terms of the agreement, against the owner and all cred-
itors and purchasers. It shall not be affected by any exemption law,
and shall take precedence of all other liens and be notice of its
existence to all persons. (511.30)
120.07. Lienor may take possession. —The owner of such note or
agreement and lien, at any time after condition broken, may take
possession of the crop so grown, or so much thereof as he may
be entitled to under the terms of his agreement, including the
necessary expense of taking and sale, and such taking shall dis-
charge the lien as to the remainder of the crop. (511.31)
120.08. Chattel mortgage provision, how applicable. -All pro-
visions of this chapter relating to chattel mortgages, not incon-
sistent with those relating to conditional sales and seed grain
contracts, shall be applicable thereto, but neither shall require
witnessing or acknowledgment. (511.32)
III. —LIENS FOR SERVICES OF BREEDING ANIMALS
120.09. For service of stallions, etc. —The owner of any stallion,
jack, bull, ram, or boar kept for public service shall have a lien
upon the offspring of such animal for the price or value of its
service. (514.62)
120.10. How preserved and enforced. —To preserve said lien the
holder thereof, within six months after such service, shall file for
383
I
LIENS
record, with the clerk of the town wherein the female bred to such
animal may be, a verified statement containing a description of
said female, and stating the time and place of the service and the
amount due therefor. A certified copy of such statement shall be
sufficient to authorize the lienholder to take possession of said off-
spring at any time within one year after its birth, and to foreclose
his lien thereon by advertisement and sale, as in the case of a
chattel mortgage. (514.63)
Note. These liens are to be flied with the register of deeds.
See § 120.01.
120.11. Lien of owners of breeding animals, and providing a
penalty. —Every Stallion or Jack owner complying with the pro-
visions of this Act shall have a lien on each mare served and first
lien on the offspring resulting from such service, to the amount of
the agreed service fee. Said lien shall become effective upon the
birth of the foal or upon the fulfillment by the owner of said Stal-
lion or Jack of his contract, or in case of removal or attempted re-
moval of the mare without consent of the person holding the lien,
from the county wherein her owner resides at the time of service,
and it shall remain effective for a period of twenty-four (24)
months from the date of service. In case his right of action ac-
crues, the owner of such Stallion or Jack may file with any justice
of the peace in the county, a written statement containing his
cause for action, amount of his claim and a description of the mare
upon which he has a lien, and the justice shall thereupon issue a
summons as in other cases and an order to the constable to take
the animal and her offspring if there be an offspring, and hold (her)
or them subject to the order of the court. If upon trial, judgment
be rendered for the plaintiff the court shall order a sale of the ani-
mal or animals to pay the judgment and costs. (39.13)
IV. —LIENS UPON ANIMALS FOR SHOEING
120.12. Lien for shoeing. —Every person who shall shoe or cause
to be shod by his employes any horse, mule, ox or other animals,
shall have a lien upon the animal shod for his reasonable charge
for the shoeing of the same, and each lien conferred by this act
shall take precedence of all other claims or liens thereon, not duly
recorded prior to the recording of the claim of lien, as hereinafter
provided, but such lien shall not attach where the property has
changed ownership prior to the filing of such lien. (514.23)
120.13. How filed. —Any person desiring to secure the benefit or
this act, shall within six months after the shoeing of such
horse, mule, ox or other animal, or in case he shall have shod such
animal more than once within that time, then within six months
of the last shoeing, file with the township clerk, city clerk, or
village recorder as the case may be, in the township, village
or city in which such animal is, a statement made under oath, by
the claimant, or some one in his or her behalf, and a notice of his
intention to claim a lien upon such animal for his charges for the
shoeing of the same. (514.24)
Note to § 120.13. Liens are now to be filed with the register of
deeds in most counties in the state. See § 120.01 and note thereto.
120.14. Form of notice. —Such statement and notice shall state
384
1.
LIENS
the name of the person claiming the lien, the name of the owner
or reputed owner of the animal sought to be charged with the lien,
and a description sufficient for identification of the animal upon
which the lien is claimed, and the amount due the claimant, as
near as may be over and above all legal off -sets. (514.25)
120.15. Successive liens may be filed. —Any person may tile
successive liens upon the same animal for charges for shoeing the
same, and he may include in any one claim of lien his charges for
any number of times of shoeing such animal; provided, however,
that no lien shall be had for any shoeing of any animal done more
than six (6) months prior to the filing of the notice of lien. (514.26)
120.16. Duty of clerks and recorders. —It shall be the duty of
the township, city clerk or village recorder, as the case may be,
upon the presentation to him of any such statement and notice of
lien, to file the same in his office in the same manner as provided by
law for the filing and recording of chattel mortgages; and he shall
he entitled to charge and receive from the person filing such state-
ment and notice a fee of twenty-five (25) cents, and no more.
(514.27)
120.17. Lien to be received in evidence. —A copy of such state-
ment and notice of lien, filed as aforesaid, certified by the township
or city clerk, or recorder, as the case may be, shall be received in
evidence in any proceeding taken to enforce the lien herein pro-
vided for, but only of the fact that such statement and notice of
lien was received and filed, according to the indorsements of the
township, city clerk or village recorder thereon and of no other
fact. (514.28)
Note to § 120.17. Certified copy must now be secured from the
register of deeds. See § 120.01.
120.18. Proceedings —How commenced. —The person having such
lien shall within six months from and after the date of filing such
Tien statement, commence suit for the recovery of such charges by
summons, in the usual form, before any justice of the peace of the
township in which he resides, or in any court, as the case may
require, against the person liable for the payment thereof. But
before any such lien claimant shall commence any action to fore-
close such lien, he shall give the person against whom he proposes
to bring such action at least twenty (20) days' notice in writing
of his intention to foreclose such lien. (514.29)
120.19. Service of summons. —If such summons be returned per-
sonally served upon the defendant, the same proceedings shall
thereon be had in all respects as in other suits commenced by
summons, in which there is a personal service of process; the
judgment shall be rendered in such suit in like manner as judg-
ments are now rendered in civil actions. (514.30)
120.20. In case the defendant cannot be found. —If the officer
return upon such summons that the defendant cannot be found in
this county, the same proceedings shall be had in all respects, as
near as may be, as in suits commenced by attachment in which
there is not a personal service of the attachment upon the defend-
385
LIENS
ant; and judgment shall be rendered in such suits in like manner
as judgments are now rendered in such actions. (514.31)
120.21. Execution to be issued. —If the plaintiff recover judgment
in such suit, execution shall be issued thereon in the same manner
and with like effect as upon judgments now rendered in suits
commenced by attachment, and the horse, mule, ox, or other ani-
mal, upon which the plaintiff holds such lien, shall not be exempt
from execution, but may be sold to satisfy such execution in the
same manner as if it had been seized and held upon an attachment
in such suit. (514.32)
120.22. Expense to be included in judgment. — All expenses
which shall have been incurred by the person having such lien after
the same had accrued shall be an additional lien upon the property,
and shall be computed and ascertained upon the trial or assess-
ment of damages and included in the judgment. (514.33)
120.23. Findings and judgment. —In all suits or attachments
prosecuted under the provisions of this act, the court, jury or
justice of the peace who shall try the same, or make an assessment
of damages therein, shall, in addition to finding the sum due the
plaintiff, also find that the same is due for the cost of shoeing the
horse, mule, ox, or other animal described in plaintiff's declaration,
and is a lien upon the same; provided, however, that if the court,
jury, or justice of the peace shall find that the amount due the
plaintiff is not a lien upon the property described in the plaintiff's
declaration, the plaintiff shall be non -suited thereby, but shall be
entitled to judgment, as in other civil actions, but in such case
said plaintiff shall not recover or tax any costs other than those
allowed and taxable in such case; and in those cases where the
amount due is found to be a lien upon the property mentioned in
plaintiff's declaration, the finding or verdict may be in the follow-
ing form: (The court, jurors or justice, as the case may be) say
that there is due the sum of dollars from the said
defendant, and that the same is due for plaintiff's reasonable
charges for shoeing the animal mentioned in plaintiff's declaration
(giving a description sufficient for identification of the animal),
and that the plaintiff has a lien upon said animal for said amount
(514.34)
V.—THRESHERS' LIEN.
120.30. Any person owning or operating a threshing machine,
combined thresher and harvester, clover huller, corn picking ma-
chine, corn shelter, corn shredder. ensilage cutter or hay baler shall
have a lien upon the grain threshed, clover hulled, corn shelled or
shredded, or picked, ensilage cut, or hay baled, as the case may be,
for the price or value of such service, which shall be preferred to
all other liens or incumbrances except those given for the seed
from which said grain was grown. (514.65)
120.31. How preserved and enforced. —Within fifteen days af-
ter such threshing, clover hulling, corn picking, corn shelling or
shredding, or hay baling is complete the claimant of such lien shall
file with the register of deeds of the county in which it was done a
verified statement of the amounts and kinds of grain threshed,
386
1.
IIIDNS
clover hulled, corn picked, corn shelled or shredded, or hay baled,
the time and place of doing the same, giving the first and last days
thereof, the rates per bushel, per day, per hour or other terms of
the contract and the total charge therefor, the amounts paid there-
on, if any, and the balance due, the name of the reputed owner
and of the persons requesting the work to be done, and a notice that
a lien is claimed for the amount remaining unpaid. A certified
copy of such statement shall authorize the seizure and sale of so
much of the grain, clover, corn or hay covered by the lien as may
be necessary to satisfy the same, with reasonable costs and ex-
penses, but such seizure must be made, or an action to foreclose
be commenced, within six months after such filing. The cast and
the expenses above referred to shall include an attorney's fee
amounting to 15 per cent of the amount of the lien claimed in
the event such lien is not paid within 90 days after the filing
thereof and the lien claimant employs an attorney -at -law to collect
the same. So far as applicable thereto, the laws relating to the en-
forcement of chattel mortgages shall govern the foreclosure of liens
hereunder. Any person secreting or disposing of property covered
by such lien, without the consent of the lienholder shall be guilty
of a misdemeanor, the minimum penalty whereof shall be a fine of
$25.00. (514.66)
VI. —MOTOR VEHICLE LIENS
120.32. Lien for work or material. — Whoever performs or
contributes any labor or skill, or furnishes or contributes any
machinery, materials, storage, in making, altering, repairing, stor-
ing, or otherwise caring for any motor vehicle whether pursuant
to a contract with the owner of such motor vehicle or at the in-
stance or request of any agent of such owner, has a lien upon such
motor vehicle for the price, or value of the labor or skill per-
formed or contributed, or the machinery, supplies, materials, stor-
age furnished or contributed. If the labor is performed or the
machinery, supplies, materials, or storage is furnished pursuant
to a contract for an agreed price, the lien shall be for the sum
agreed upon, otherwse it shall be for the reasonable value thereof.
(514.35)
120.33. Limitation of lien; statement to be filed. —The lien
shall cease at the end of 60 days after the furnishing of the last
item of such labor, machinery, supplies, materials, and within sixty
days after the termination of such storage, unless within such
period a statement of the claim therefor be filed for record with
the register of deeds of the county, or with the city clerk of cities
of the first class, in which the owner of such motor vehicle resides,
as the case may be. Such statement shall, by or at the instance
of the lien claimant, be verified by the oath of some person, shown
by such verification to have knowledge of the facts stated, and
shall set forth:
1. The name of the person claiming the lien, and notice of
intention to claim and hold a lien.
2. The name of the owner, or reputed owner, of such motor
vehicle.
387
LIENS
3. The license number of such motor vehicle, if licensed un-
der the laws of the State of Minnesota.
4. The amount claimed to be due, and that such amount is
due for labor performed, or machinery, materials, supplies, stor•
age furnished to the owner of such motor vehicle, or at the re-
quest of the agent of such owner.
5. The dates when the first and last items of the labor, or
other contributions, were made. (514.36)
120.34. Foreclosure of Tien. —Such lien may be foreclosed by
action within six (6) months after the statement is filed. The
summons shall state that the complaint has been filed with the
clerk of the court in which the action is commenced, and shall con-
tain a notice that the action is brought to foreclose a lien, giving
the amount thereof, and the license number of the motor vehicle
affected. Upon the commencement of the action to foreclose the
lien, the lien claimant shall be entitled to the possession of the
motor vehicle for the purpose of foreclosing the lien thereon, and
may maintain an action of replevin therefor, against the owner or
possessor thereof as by statute in such case made and provided.
If the lien claimant recover judgment, the court shall order the
sheriff, or officer, to seize such motor vehicle forthwith, and sell
the same at public vendue, in the manner provided by law for the
sale of personal property on execution. Out of the proceeds of
such sale, there shall be paid —first, the expenses thereof; the
fees of the officer, and the court costs; second, to the claimant,
the amount of his lien, with interest to date; the remainder shall
be paid to the owner of the motor vehicles sold, or other person
entitled thereto. (514.37)
120.35. Service of notice. —At or before posting the notice of
sale, the sheriff shall serve a copy of said notice of sale on the
judgment debtor —if he be a resident of the county, or can be found
therein, in the manner required by law for the service of a sum-
mons in a civil action in the district court. (514.38)
120.36. Construction of terms. —The term "motor vehicle" used
herein, includes all vehicles of locomotion, including tractors, ex-
cept those propelled by muscular power, and except those which
run on rails or tracks. The term "owner" shall include the con-
ditional vendee or mortgagor in possession. (514.39)
VII.—LIENS FOR WAGES
120.40. For wages, as against attachment, etc. —Every me-
chanic, salesman, clerk, operative, or other employee of a manu-
facturer, merchant, or dealer in merchandise shall have a lien
upon all the property of his employer as against any attachment
or execution levied thereon, for the security of his wages earned
within the six months last preceding, to an amount not exceeding
388
LIENS
two hundred dollars. Such lien shall not be affected by any agree-
ment with the employer to waive the same, and shall be preferred
to mortgages, judgments, and other liens which shall have at-
tached after the beginning of the labor or services in which said
wages were earned. (514.59)
120.41. Notice to sheriff —Property held. —Within five days after
such levy the lienholder shall give to the officer making the same
a written notice of the amount and grounds of his claim; whereup-
on the officer shall hold the property, or the proceeds thereof in
case of sale, subject to such claim until the same is determined
by agreement of the parties concerned or by the judgment of a
court. But the lien shall cease unless such agreement be reached,
or an action to determine the claim be commenced, within thirty
days after such notice was served. Upon a sale of the property
by the officer holding the sale he shall pay said liens, in the order
of the giving of said notices, out of the moneys derived there-
from. (514.60)
120.42. Death or dissolution of employer. —Said lien shall also
exist, as against all other creditors, 1n case of the death, dissolu-
tion, or insolvency of the employer. The notice provided for in
Section 8549 shall in such case be given to the personal representa-
tive of the decedent, or to the receiver or other officer of court
entitled to possession of the assets of the employer, within five days
after his qualification as such. And the lien shall cease unless de-
termined or sued upon as in said section prescribed. (514.61)
VIM —LOG AND TIMBER LIENS
120.50. Liens on forest products Whoever performs manual
labor or other personal service for hire, in or in aid of the cutting,
sawing, piling, loading, peeling, hauling, banking, driving, rafting,
towing, cribbing or booming any logs, cross -ties, poles, or other
timber shall have a lien thereon for the price or value of such labor
or service, which shall be preferred to all other claims on the same
except those of the State of Minnesota and of the owner or occu-
pant of the land from which the same may have been unlawfully
removed, and no agreement to waive such lien shall be valid.
(514.40)
IX. —LIENS ON PERSONAL PROPERTY
120.60. Whoever at the request of the owner or legal possessor
of any personal property shall store or care for or contribute in any
of the modes mentioned in the next section for its preservation.
care, or to the enhancement of its value, shall have a lien upon
such property for the price or value of such storage, care or contri-
bution, and for any legal charges against the same paid by such
person to any other person, and the right to retain the property in
his possession until such lien is lawfully discharged; but a volun-
tary surrender of possession shall extinguish the lien herein given.
(514.18)
389
LIENS
120.61. For what given. —Such lien and right of detainer shall
exist for:
1. Transporting property from one place to another as a com-
mon carrier or otherwise.
2. Keeping or storing property as a warehouseman or other
bailie.
3. Keeping, feeding, pasturing, or otherwise caring for do-
mestic animals or other beasts, including medical or surgical treat-
ment thereof and shoeing of the same.
4. Making, altering or repairing any article, or expending labor,
skill or material thereon.
Such liens shall embrace all lawful charges against such prop-
erty paid to any other person by the person claiming such lien,
and the price or value of such care, storage or contribution and
all reasonable disbursements occasioned by the detention or sale
of the property. (514.19)
120.62. Sale. —If any sum secured by such lien be not paid
within ninety days after it becomes due, the lienholder may sell
the property and out of the proceeds of such sale there shall be
paid, first, the disbursements aforesaid, and, second, all charges
against such property paid by such person to any other person,
and, third, the total indebtedness then secured by the lien. The
remainder, if any, shall be paid on demand to the owner or other
person entitled thereto. (514.20)
120.63. Sale, when and how made —Notice. —The sale here-
in provided for shall be made by public auction between 9 o'clock
in the morning and 6 o'clock in the afternoon in the county
where the property or some part thereof is situated. A notice
stating the time and place of sale, the amount which will be due
on the date of sale exclusive of the expenses of advertising and
sale, and the grounds of the lien, giving a general description
of the property to be sold, shall be served personally upon the
owner of the property if he can be found within the county in
which said property is stored, and if he cannot, then it shall be
mailed to the owner thereof at least three weeks before the
time fixed for such sale it the place of residence or postoffice
address of such owner is known to him or with due diligence
can be learned by the person claiming such lien, and shall be
published once each week for three successive weeks in a news-
paper printed and published in the county where said property
or some part thereof is situated, the last publication of such
notice to be at least one week before the date of sale; or, if
there is no newspaper printed and published in the county, then
said notice of sale shall be posted in three of the most public
places in the county at least three weeks before the time of sale.
In case neither the place of residence nor the postoffice address
of such owner is known to the person claiming such lien and
cannot with reasonable diligence be learned, the publication or
posting of notice as herein provided shall be sufficient to authorize
such sale. (514.21)
120.64. Conduct of sale. —The property sold as herein provided
shall be in view at the time of sale. Under the power of sale here-
390
LIDNS
by given enough of said property may be sold to satisfy the amount
due at the time of sale, including expenses, and said property, if
under cover, may be offered for sale and sold in the original pack-
ages in the form and condition that the same was received by the
lien holder; but after sufficient property has been so sold to satis-
fy the amount so due no more shall be so sold. The lien holder,
his representatives or assigns, may fairly and in good faith pur-
chase any property sold under the provisions of this act, provided
the sale is conducted by the sheriff, his deputy, or any constable
of the county where such sale is made. (514.22)
CHAPTER XVIII.-STANDARDS.
I. —WEIGHTS AND MEASURES
130.00. Standards. —The state treasurer shall keep weights,
measures and scales which shall conform to the standards estab-
lished by law and shall test thereby all weights, measures and
scales presented to him by any county sealer and, when he finds
them accurate shall stamp upon them with a seal kept for that
purpose the letters "Min." (240.01)
130.01. County sealers —Deputies —Fees. —Every county treas-
urer shall be the sealer of weights and measures for his county.
He shall keep a full set of weights, measures, and scales, and in
January, 1910, and in every flfth January thereafter, and whenever
new ones are procured, shall cause the same to be tested and
sealed by the state treasurer; and he shall test thereby all
weights, measures, and scales presented to him, and, when he
finds them accurate, shall stamp upon them, with a seal kept for
that purpose, the letters "Min." He shall receive five cents for
every weight, measure, or scale tested. He may appoint deputy
sealers, whose appointments shall be filed with the register of
deeds. (240.02)
130.02. Dry measure. —The standard measure of capacity for
commodities sold by dry measure, stall be the bushel containing
2150.42 cubic inches. The half bushel, peck, half peck, quarter
peck, quart and pint shall be derived by successively dividing
that measure by two. (240.03)
130.03. Liquid measure. —The standard measure of capacity for
liquids, shall be the wine gallon, containing 231 cubic inches;
and 31.50 gallons shall constitute a barrel, except for fermented
malt liquors, which shall be a barrel of 31 gallons, and 63 gal-
lons a hogshead. (240.04)
130.04. Lineal measure. — The standard measure of length
from which all other measures of extension, lineal, superficial,
or solid, shall be derived, is the yard of 3 feet, or 36 inches.
(240.05)
130.05. Hundredweight. —In contracts for the sale of goods
or commodities, the term "hundredweight" shall mean 100 pounds
avoirdupois. (240.06)
130.06. Standard weight of bushel. —In contracts for the sale
of any of the following articles, the term "bushel" shall mean
the number of pounds avoirdupois herein stated.
Corn in ear, 70; beans (except lima beans, scarlet runner
pole beans, white runner pole beans, and broad Windsor
beans,) smooth peas, wheat, clover seed, Irish potatoes and al-
falfa, 60; broom corn seed and sorghum seed. 57; shelled corn
(except sweet corn), rye, lima beans, flaxseed and wrinkled
peas, 56; sweet potatoes and turnips, 55; onions and rutabagas,
52; buckwheat, hemp seed, rapeseed, beets, green apples, wal-
nuts, rhubarb, hickory nuts, chestnuts, tomatoes, scarlet run-
392
WEIGHTS AND MEASURES
ner pole beans, and white runner pole beans, 50; barley, millet,
Hungarian grass seed, sweet corn, cucumbers and peaches, 48;
broad Windsor beans, 47; carrots, timothy seed and pears, 46;
parsnips, 42; spelt or splits, 40; cranberries, 36; oats and bottom
onion seta, 32; dried apples, dried peaches, and top onion sets,
28; peanuts, 22; blue grass, orchard grass and red -top seed, 14;
plastering hair, unwashed, 8; plastering hair, washed, 4; lime,
80; but if sold by the barrel the weight shall be 200 pounds. In
contracts for the sale of green apples the term "bushel" shall
means 2150.42 cubic inches. (240.07)
130.07. Standard measurement of wood. —In all contracts for
sale of wood, the term "cord" shall mean 128 cubic feet of wood
in four foot lengths; and if the sale is of "sawed wood," a cord
shall mean 110 cubic feet when ranked, or 160 cubic feet when
thrown irregularly or loosely into a conveyance for delivery to
the purchaser; and if the sale is of "sawed and split wood," a
cord shall mean 120 cubic feet when ranked, and 175 cubic feet
when thrown irregularly and loosely into a conveyance for de-
livery. (240.08)
130.08. Standard weight of coal, charcoal and ice. —In all con-
tracts for the sale of coal, charcoal and ice, the term "ton" shall
mean 2,000 pounds. A sale of coal, charcoal and ice, except by
weight, is prohibited. (240.09)
130.09. Standard weight of flour. —In all contracts for the sale
of flour the term "barrel" shall mean 196 net pounds avoirdupois.
(240.10)
130.10. Fractional parts. —All contracts for the sale of a frac-
tional part of a bushel, barrel, ton, or cord of any article or
commodity on which the legal weight or measurement per
bushel, barrel, ton or cord has been established, shall require
and mean a like fractional part of the legal and established
weight or measurement per bushel, barrel, ton or cord. (240.11)
130.11. Penalty for violation. —Whoever, in buying, shall take
any greater number of pounds or cubic feet to the bushel, barrel,
ton or cord, as the case inay be, than is herein allowed and pro-
vided, or in selling, shall give any less number, shall be guilty
of a misdemeanor, and upon conviction thereof, shall be punished
by a fine of not less than ten dollars ($10) nor more than one
hundred dollars ($100), or by imprisonment for not less than ten
(10) days nor more than ninety (90) days in the county jail, and
the cost of such proceeding. (240.12)
130.12. Sealing. —Every person engaged in any business re-
quiring the use of weights and measures shall cause those used
by him to be tested and sealed by the county sealer. Every per-
son who shall buy, sell or dispose of any goods or commodities
by an unsealed weight, measure or scale kept by him, or shall
knowingly use such weight, measure or scale which has been
sealed, but is incorrect, shall be guilty of a misdemeanor; but
no contract of sale shall thereby be rendered void. (240.13)
130.13. Testing upon request. —Upon written request of any
person aggrieved, and payment of one dollar, and mileage at the
392
DEFINITIONS
rate of twenty cents per mile going and returning, the county
sealer or his deputy shall test any weights, measures or scales
used in his county, whether already sealed or not. If such sealer
or deputy shall give to the person complained of prior notice
of such testing, he shall be guilty of a misdemeaner. (240.14)
130.14. Containers for small fruits to be of legal size. —It shall
be unlawful for any person to sell, offer for sale, or give away,
any containers for the distribution of berries or small fruits in
less quantities than one bushel, unless said containers are of
a capacity of one quart, one pint, or one-half pint, or multiples
of a quart standard dry measure, and all sales of raspberries,
blackberries, blueberries, currants, gooseberries, strawberries, and
similar berries, and all plums, cherries and similar small fruit,
in less quantities than one bushel, shall be by dry measure, or in
containers as above specified. The possession of containers for
berries or small fruit shall be presumptive evidence that they
were to be used for distribution. (620.56)
130.15. Containers not to be refilled. —In no case shall said
containers be refilled for use in the sale of berries or small
fruits of any kind whatsoever. (620.57)
130.16. Penalty for violation. —Any person violating the pro-
visions of this law (relating to small fruits) shall be guilty of a
misdemeanor and punished by a penalty of not less than ten
dollars nor more than one hundred dollars, or by imprisonment
in the county jail, for not less than ten days nor more than
ninety days. (620.58)
11. TIME
130.17. Standard of time. —Every mention of, or reference to,
any hour or time in any law is to be construed with reference to
and in accordance with the mean solar time of the ninetieth
meridian of longitude west of Greenwich, commonly known as
central standard time. The standard of time in this state is such
solar time, and no department of the state government and no
county, city, town, village or borough shall employ any other time
or adopt any ordinance or order providing for the use of any other
than the standard time. The provisions of this act shall be in
force and effect after the second Sunday of July of 1945, at the hour
of 12:01 A. M. (645.07)
III —DEFINITIONS
130.18. Construction of statute. —In construing the statutes of
this state, the following canons of interpretation are to govern,
unless their observance would involve a construction inconsistent
with the manifest intent of the legislature, or repugnant to the
context of the statute:
(1) Words and phrases are construed according to rules of
grammar and according to their common and approved
usage; but technical words and phrases and such others
as have acquired a special meaning, or are defined in this
chapter, are construed according to such special meaning
or their definition;
394
DEFINITIONS
(2) The singular includes the plural; and the plural, the
singular; words in the masculine gender include the fem-
inine and neuter; words used in the past or present tense
include the future;
(3) General words are construed to be restricted in their
meaning by preceding particular words;
(4) Words in a law conferring a joint authority upon three
or more public officers or other persons are construed to
confer authority upon a majority of such officers or
persons; and
(5) A majority of the qualified members of any board or
commission constitutes a quorum. (645.08)
130.19. Particular words and phrases.-1. Meanings ascribed.
—The following words, terms, and phrases used in Minnesota
Statutes or any legislative act shall have the meanings given
them in this section, unless another intention clearly appears.
2. Clerk. —When used in reference to court procedure, "clerk"
means the clerk of the court in which the action or proceeding is
pending, and "clerk's office" means his office.
3. County, town, city, borough, or village. —When a county,
town, city, borough, or village is mentioned, without any particular
description, it imports the particular county, town, city, borough,
or village appropriate to the matter.
4. Folio. —The word "folio" shall mean 100 words, counting as
a word each number necessarily used; if there be fewer than 100
words in all, the paper shall be computed as one folio; likewise
any excess over the last full folio.
5. Holidays —"Holiday" includes New Year's Day, January 1;
Lincoln's Birthday, February 12; Washington's Birthday, Febru-
ary 22; Memorial Day, May 30; Independence Day, July 4; Labor
Day, the first Monday in September; Christopher Columbus Day,
October 12; Christmas Day, December 25; the Friday next pre-
ceding Easter Sunday, commonly known as Good Friday; Thanks-
giving Day; and Veterans day, November 11. No public business
shall be transacted on those days, except in cases of necessity,
nor shall any civil process be served thereon.
6. Oath; affirmation; affirm; sworn. —"Oath" includes "affir-
mation" in all cases where by law an affirmation may be substi-
tuted for an oath; and in like cases "swear" includes "affirm" and
"sworn" "affirmed."
7. Person. —The word "person" may extend and be applied to
bodies politic and corporate, and to partnerships and other unincor-
porated associations.
8. Population. —The word "population" and the word "inhabi-
tnnts." when used in reference to population, shall mean that shown
by the last preceding census, state or United States, unless other-
wise expressly provided.
9. Recorded —Filed for Record. —When an instrument in writ-
ing is required or permitted to be filed for record with, or recorded
by, any officer, the same imports that it must be recorded by such
officer in a suitable book kept for that purpose, unless otherwise
expressly directed.
10. Seal. —When the seal of a court, public office, or corpora-
395
DEFINITIONS
tion, is required by law, to be affixed to any paper, the word "seal"
shall include an impression thereof upon the paper alone, as well as
an impression on a wafer, wax or other substance thereto attached.
11. Upon every seal of a court or officer authorized or required
to have a seal there shall be engraved the same device that is en-
graved on the seal of the state, and the name of the court or office
in which it is to be used. (358.03)
12. Sheriff. —The word "sheriff" may be extended to any per-
son officially performing the duties of a sheriff, either generally
or in special cases.
13. Time — Month — Year — A.D. — The words "month" and
"year" shall mean a calendar month or year, unless otherwise ex-
pressed; and the word "year" shall be equivalent to the expression
"year of our Lord."
14. Writing. —The words "written" and "in writing" may in-
clude any mode of representing words and letters, except the signa-
ture of a person when required by law, must be in the handwriting
of the person, or, if he be unable to write, his mark, or his name
written by some person at his request and in his presence.
15. May. —"May" is permissive.
16. Shall. —"Shall" is mandatory.
17. Violate. —"Violate" includes failure to comply with. (645.44)
130.20. Unless otherwise specifically provided, the words "pub-
lished notice" when used in reference to the giving of notice in
any proceeding, or the service of any summons, order, or process
in judicial proceedings, mean the publication in full of the notice
or other paper referred to, in the regular issue of a qualified
newspaper, once each week for the number of weeks specified.
When the publication day of any newspaper falls upon Thanks-
giving Day, or upon any legal holiday, the publication of notice in
any proceeding or the publication of any summons, order, or process
in judicial proceedings may be made either the day before or the
day after Thanksgiving Day, or such legal holiday. (645.11)
130.21. Public records. —All officers and agencies of the state,
and all officers and agencies of the counties, cities, villages, and
towns, shall make and keep all records necessary to a full and
accurate knowledge of their official activities. All such public
records shall be made on paper of durable quality and with the
use of ink, carbon papers, and typewriter ribbons of such quality
as to insure permanent record. Every public officer and agency is
empowered to record or copy public records by any photographic,
photostatic, microphotographic or microfilming device, approved
by the Minnesota historical society, which clearly and accurately
records or copies them. * • * (15.17)
Note: Section 1 of this law consists of seven sections and covers
the custody. care and preservation of public records. Section 2 pro-
vides that the chief administrative officer of each public agency shall
be responsible for the care and preservation of its public records.
Section 3 requires legal custodians of public records at the expira-
tion of his term of office or authority or on his death to be deliv-
ered to his successor. Section 4. Public records shall be kept so
as to make them easily accessible for use. Section 5. The Minne-
396
DEFINITIONS
sots Historical society is authorized to receive and is made the cus-
todian of such records, files, documents, books as may be turned
over to it. Section 6 provides that any public official may turn
over such records to said society. This does not repeal Section 145
of Statutes 1927.
Anyone who unlawfully removes, destroys, conceals. alters or
defaces any such paper or document, or permits anyone else to do
so, is punishable by imprisonment for five years or less, or by
a fine of $500.00 or both.
The above note condenses the law in these sections.
397
CHAPTER XIX.-BOUNTIES AND REWARDS.
I. —TIMBER.
140.00. Tree bounty for trees grown on timber as well as
prairie land. —Every person who shall plant one acre or more o1
land with forest trees of any kind other than black locust, and
shall keep such trees growing in a thrifty condition, and not
more than twelve feet apart either way, replacing yearly such as
may die, or who shall maintain and manage an existing stand of
timber on one acre or more of land, the owner residing thereon,
such stand of timber shall not be less than six hundred forest trees
per acre, well spaced, shall receive from the state two dollars and
fifty cents per acre therefor for six successive years, not exceed-
ing, however, twenty-five dollars in any one year. This section shall
not apply to any railway company, to any person who has already
received such compensation, nor to any person planting trees in
compliance with an act of congress approved March 3, 1873, re-
lating to the growth of timber on western prairies, or any act
amendatory thereof. The sum of $2,500 for the fiscal year ending
June 30, 1942, and the sum of $2,500 for the fiscal year endin ,
June 30, 1943, is hereby appropriated for the purpose of making
such payments. (348.01)
140.01. Claim and proof. —Claimant shall file with the county
auditor a plat giving the government subdivision, and the position
of the trees thereon. If the number of trees be increased, sup-
plemental plats shall be filed. He shall show his ownership of the
land, and make oath to the planting and maintaining of the trees as
prescribed in the preceding section; and his proof shall be sup-
ported by the affidavit of at least two freeholders, residing in the
same town, who have personal knowledge of the facts. Such proofs
shall be filed with the county auditor between the 1st and 15th
days of July of the year for which compensation is claimed.
(348.02)
140.02. Duty of assessor. —The assessor of every town, at the
time of making his assessment, shall ascertain if trees have been
planted therein for which compensation is claimed under this
chapter, and, if any such be found, he shall personally examine the
same, and report the area planted and the condition of the trees
to the auditor when the assessment books are returned. (348.03)
140.03. Proofs sent to state auditor. —Before the first day of
August the auditor shall compare the proofs furnished by the
claimant with the assesor's report, and, if they correspond in
substance, he shall immediately forward to the state auditor the
original proofs of claim, and a certified list of all plats filed. [6251]
(348.04)
140.04. Auditor to issue warrant. —The state auditor shall audit
all such claims, and on the first Monday of October in each year
shall issue his warrant to the several claimants for the amount to
which each is entitled; but, if the aggregate of compensation due
to all such claimants shall exceed the appropriation therefor, he
shall distribute the available amount amongst them pro rata, which
398
BOUNTIES AND REWARDS
distribution shall relieve the state from further obligation to such
claimants for the year. [6252] (348.05)
II. —WOLVES, FOXES, AND BEARS
140.05. Wolves —fox —reward for killing. —(a) Every person
who shall kill a wild wolf, lynx, or bob -cat in this state, up to and
including June 30, 1957, not having at the time spared the life of
any other such wolf, lynx, or bob -cat which he could have killed,
shall, upon compliance herewith be rewarded in the sum of thirty-
five dollars for earh adult timber wolf, twenty-five dollars for each
cub timber wolf, twenty-five dollars for each coyote or brush wolf
of any age, and fifteen dollars for each lynx or bobcat regardless
of age.
(b) Every person who shall kill a wild fox in this state, not
having at the time spared the life of any other such fox he could
have killed, shall upon compliance herewith be rewarded in such
sum as the board of county commissioners of the county in which
the fox is killed may have determined and established for each
adult and cub fox.
(c) Wolf, lynx, bob -cat and fox bounties where appropriate
county action has been taken, shall be paid from the county
treasury, which treasury shall be reimbursed by the state from
moneys in the game and fish fund; such reimbursement shall not
exceed $3.00 for each adult fox and $1.00 for each fox cub.
(d) Any wolf or fox killed before September 1st of the year
in which it was born shall be deemed to be a cub. (348.071)
140.06. Claim, when and how made. —(a) Within 30 days after
the killing, the claimant shall produce the entire pelt of the adult
wolf, lynx, bobcat or fox, or the entire carcass of the wolf or fox
cub, for which bounty claim is made, to a state game warden,
game refuge patrolman, or authorized agent within the county in
which taken and make his verified statement as to the details of
the killing upon such form as shall be prescribed by the Commis-
sioner of Conservation and furnished by him.
(b) If such warden, patrolman, or agent be satisfied of the
correctness of the statements, or has verified its correctness by
going to the place where the animal was alleged to have been
killed, he shall seal or otherwise identify the pelts or carcasses
in such manner as the commissioner may prescribe, and shall
sign his approval to the payment of bounty upon the statement.
All animals produced at any time may be included in one state-
ment, which shall be in triplicate.
(c) When the statement has been signed by the warden, or
patrolman, or agent, two copies shall be presented by the claim-
ant to the county auditor who shall issue to claimant a warrant
upon the county treasurer for the sum due. The auditor shall
further certify by endorsement upon both copies of the statement
that the foregoing provisions of this section have been complied
with, stating also the number, date and amount of each warrant
issued. The county auditor shall then transmit one of the copies
of the statement and a copy of the warrant to the state auditor,
requesting reimbursement therefor. (348.081)
(d) Every person who shall fraudulently claim or obtain any
reward for the killing of a wolf, lynx, bobcat or fox, or issue any
399
BOUNTIES AND REWARDS
fraudulent or unauthorized certificate or warrant therefor, or claim
reward upon a wolf, lynx, bobcat or fox which he has in any way
protected or upon any tame or captive wolf, lynx, bobcat or fox
which he has protected or harbored, either full -blood or crossed,
or upon the offspring of any wolf, Lynx, bobcat or fox which he
theretofore protected or harbored, shall be guilty of a gross mis-
demeanor and punished by a fine of not less than $100.00 or more
than $1,000.00, or imprisonment in the county jail for not less than
90 days or more than one year. (348.111)
140.07. Bounty on bear. —Every person who shall kill a wild
bear in this state, not having at the time spared the life of any other
such bear he could have killed, shall be rewarded in such sum as
the board of county commissioners of the county in which the
bear is killed may have determined and established for each adult
and cub bear, to be paid from the county revenue fund. The state
shall actually at the end of the state fiscal year reimburse from the
General Revenue Fund only each county for one-half of all re-
wards for bear so killed therein but the amount of state reim-
bursement shall not in any event exceed $10.00 for each adult
hear and $5.00 for each cub bear.
If the total state appropriation shall be insufficient to reim-
burse each county in full, the amount of the appropriation shall
be prorated to the various counties.
All bear shall be considered cubs until after they have emerged
from their second period of hibernation.
The procedure for collection of bounties on bear shall be the
same as provided by law for the collection of bounties on wolves,
provided that in no event shall any bounty be paid until a state
game warden or refuge patrolman has viewed the bear on the
premises where it was killed. (348.073)
140.08. Prohibition and penalty. — Every person who shall
fraudulently claim or obtain any reward for the killing of a bear,
or issue any fraudulent or unauthorized certificate or warrant
therefor, or claim reward upon a bear which he has in any way
protected or upon any tame or captive bear which he has har-
bored, or upon the offspring of any tame or captive bear, shall
be guilty of a gross misdemeanor, the punishment for which shall
be a fine of not less than $100.00 nor more than $1,000.00 or im-
prisonment in the county jail for not less than 90 days nor more
than one year. (348.074)
III. —GOPHERS, CROWS, ETC.
140.09. Gophers, crows, etc. —Any county board or board of town
supervisors may by resolution offer a bounty for the destruction of
gophers, ground squirrels, ground hogs, or woodchucks, rattle-
snakes, crows or blackbirds. The resolution may be made to cover
the whole or any part of the county, and may be annually renewed,
but it shall have force and effect only during the calendar year in
which it was adopted or renewed. The bounty shall in no case
exceed twenty cents for each pocket gopher, three cents for each
common gopher or ground squirrel; fifteen cents for each ground
hog, or woodchuck; one dollar for each rattlesnake, and ten
cents a dozen for blackbirds, and twenty cents for each crow killed
during such months as may be designated by said county board or
400
BOUNTIES AND REWARDS
board of town supervisors by resolution. [6259, 1940 Supplement]
(348.12)
140.10. Bounties paid by towns, requirements —The four feet
of striped and gray gophers and woodchucks, both front feet of
pocket gophers, the head and rattles of rattlesnakes, and the bod-
ies of birds and reptiles other than rattlesnakes, shall be produced
to the chairman of the town board of the town where they were
killed, and if he shall be satisfied that they were killed within the
designated territory and by the person producing them, he shall
certify to the county auditor the number of each kind so killed. The
cerificate shall be issued by the chairman of the town board at the
end of each month and shall show the names of all persons entitl-
ed to bounty for the preceding month, the number of each kind of
animals, reptiles and birds so killed and the amount of bounty that
each person is entitled to receive. The county auditor shall Issue
thereon a warrant on the county treasurer payable to the chair
man of the town board who issued such certificate, for the full
amount of the bounty allowed by law according to such certificate,
and upon receipt of such warrant the chairman shall pay the
proper persons the bounty allowed by law for the preceding month.
The chairman to whom such feet, heads and bodies and rattles
are produced shall immediately cause such heads, feet, bodies and
rattles to be destroyed and shall cause the "emoval of one foot
from each bird.
Any town board may also offer a bounty for the destruction of
the animals, birds, and reptiles described in section 348.12 and
adopt rules for the payment thereof, which bounty so offered by a
town shall be in addition to any bounty which may be offered by
the board of county commissioners.
The town board of any town located in any county having over
45,000 and less than 49,000 inhabitants according to the 1950 feder-
al census, may by resolution require that the tail instead of the
feet of striped, gray and pocket gophers and woodchucks be pro-
duced. (348.13)
401
CHAPTER XX.-TOWN DRAINAGE.
150.00. Particular words. —The following words used in this act
shall have the meaning herein given unless another intention clear-
ly appears: The word "ditch," as used in this act shall be held to
include any open, covered or tiled ditch or drain or any ditch or
drain in part open and in part tiled or covered, and any drain,
water course or creek and any side, lateral, spur or branch ditches
and each and all of the constructions referred to in this act. The
word "board" as herein used means the board of supervisors of the
town in which the lands or roads described in the petition are
located, or, if said lands or roads are located in more than one
town, then the word "board" means all of the supervisors of each
one of the towns in which any of said lands or roads are located,
acting together as one body at a legally called meeting. The town
clerk of the town in which the petition was filed shall act as the
clerk of said board and keep a detailed record of its doings. Two
or more of said supervisors shall constitute a quorum of said board
and a majority of the supervisors present shall have power to act.
The words "town clerk" and "town treasurer" as herein used shall
always be held to refer to the town clerk and town treasurer of
the town in which the petition was filed. The word "engineer" as
used in this act shall be held to include any competent surveyor.
(109.01)
150.01. Petition. —Before any ditch shall be established under
this act there shall be filed with the town clerk of any town in
which any part of said ditch is proposed to be located, a petition
therefor signed by one or more persons or corporations owning
lands which will probably be benefited by the construction of said
ditch or by the chief executive officer of any city or village whose
streets will probably be benefited by the construction of said ditch
or by the town board of supervisors of any town whose highways
will probably be benefited by the construction of said ditch, setting
forth the necessity thereof, and that it will be of public benefit
or promote the public health, with description of the proposed
starting point, routes and termini and of the general character,
size and depth of said ditch. Said petition shall also contain a
legal description of all lands through which said proposed ditch
shall run, or to be drained, as near as can be ascertained and shall
also contain a description of all public roads and streets likely to
be benefited thereby, as nearly as can be ascertained. The town
board of any town shall have the same power of condemnation
for the purpose of town drainage projects as are possessed by
county boards in county ditch proceedings. In such petition the
petitioners may, at their option, ask the appointment of an engineer
to perform the duties hereinafter in this act specified and may
also at their option ask the appointment of an attorney at law to
perform the duties hereinafter in this act specified. Also they
may ask for the appointment of three resident freeholders of the
town not interested in the construction of the proposed work, and
not of kin to any of the parties known to be interested therein, as
viewers to meet at a time and place fixed by the board. Such peti-
tion may include any side, lateral, spur or branch ditches neces-
402
TOWN DRAINAGE
sary to secure the object of the improvement and may ask for the
different parts of the ditch to flow in different directions with
more than one outlet. Provided, that no meandered lake adjoin-
ing an incorporated village, or within four miles of any city of the
fourth class, or upon which any incorporated village is a riparian
owner, shall be drained or lowered under the provisions of this act
unless by the approval of a majority vote of the legal voters of
such village or city at any annual or special election held for that
purpose.
Provided further, however, that in case any such lake has no
natural outlet and in times of highwater the runoff from adjacent
lands fills up the bed of the lake so as to damage adjacent lands,
then in such case it shall be legal, without the vote of such cities
of the fourth class, to lower the surface of such lake by drainage
until it shall reach the normal stage.
Such special election, if any, held for such purpose, shall be
called in the way and manner provided by law for calling special
election. (109.02)
150.02. Ditches —how designated. —Upon the filing of the peti-
tion such proceedings shall be designated and numbered by the
town clerk as "Town Ditch No. of Town of
and may be so referred to in all subsequent proceedings regardless
of whether or not said ditch is in fact in more than one town.
(109.03)
150.03. Notice. —Said town clerk shall forthwith fix a time and
place for the hearing on said petition and shall forthwith give
notice of the filing of said petition and of the time and place of
the hearing thereon as follows:
(a) By posting at least three weeks prior to said hearing a
copy of said notice and petition in a manner likely to attract atten-
tion in each of three of the most public places in each township
in which lands described in the petition are located.
(b) By filing at least three weeks prior to the date of said
hearing a copy of said notice and petition in the office of the clerk
of each town, village or city in which lands described in the
petition are located.
(c) By mailing at least three weeks prior to said hearing a
copy of said notice and petition to each owner of lands described
in the petition who is a resident of the state, and whose postoffice
is known to said town clerk or can be ascertained by him from
the petitioners.
(d) By serving at least three weeks prior to said hearing a
copy of such notice upon each occupant of the several tracts of land
described in the petition.
When said notice is not legally given or is defective for any
reason, the town clerk shall give a new notice of a time and place
for hearing on said petition, as hereinbefore provided. (109.01)
(109.04)
150.04. Hearing. —At the time and place set for the hearing of
said petition (or at any time or place to which said hearing may
be adjourned from time to time as necessity may require, but not
otherwise) the supervisors of all the towns containing lands
403
TOWN DRAINAGE
described in said petition, shall meet and hear and consider said
petition, acting as one board. (109.05)
150.05. Engineer —viewers. —If the petition asks for the appoint-
ment of an engineer in said matter, said board shall, at said hearing
and before taking final action on said petition, appoint a competent
engineer to make plans and specifications for said ditch and to
superintend the construction thereof when established. Said engi-
neer before entering upon his duties shall give a bond in the sum
fixed by the board payable to the towns in which any part of the
ditch is proposed to be constructed for the use of such tons and
also for the use of all persons aggrieved or injured by the negli-
gence or malfeasance of said engineer to be approved by said town
clerk conditioned that he will diligently and honestly and to the
best of his skill and ability perform his duties as such engineer, but
said engineer shall not be required to continue his bond after
the conclusion or abandonment of the work. He shall take an
oath to faithfully perform his duties. Said engineer shall forthwith
make a survey for said ditch and prepare detailed plans and
specifications for the construction thereof and make prompt report
in writing of his doings to said board. Upon the appointment of
such engineer said board shall adjourn said hearing a sufficient
time to enable the said engineer to make and file his report in the
office of said Town clerk. Upon the filing of the engineer's report
.0 the office of the town clerk the board shall immediately fix a
time and place in which the viewers, if any one appointed, are to
meet for the purpose of viewing the proposed ditch; if no viewers
have been appointed then the committee appointed by the board
shall immediately proceed with or without the engineer to proceed
to assess benefits and damages by the reason of the construction
of the proposed ditch in accordance with the rules as mentioned in
Section 5642, of this act and file their report in the town clerk's
office and the town clerk shall forthwith fix a time and place
for a hearing on said report and shall again give notice to all parties
interested and to all land owners whose lands are liable to be
benefited or damaged by the reason of the construction of the
proposed ditch. Said notice shall conform to all requirements as
the notice required on the petition as set forth in section 5637
of this act. (109.06)
150.06. Attorney -at -law. —If the petition asks for the appoint-
ment of an attorney -at -law in said proceeding, said board shall
forthwith, at the beginning of said hearing, by resolution, employ
an attorney -at -law to superintend the drafting of all papers, con-
tracts and orders in said proceeding and to give legal advice on
all legal matters and questions arising in said proceedings. The
rate of compensation of said attorney -at -law, may, at the option
of said board, be fixed in the resolution employing him. (109.07)
150.07. View —final order. —All persons interested may appear
and be heard by and before said board. If such board from such
evidence as may be adduced before them shall find that all of the
proceedings in the matter have been in accordance with the provi-
sions of this act and that the estimated benefits of said work are
greater than the total cost, including damages awarded and that
said work will be of public utility or promote the public health,
they shall establish said ditch by an order to be signed by them
404
TOWN DRAINAGE
and shall include in said order, either expressly or by reference
to maps, plats, specifications or papers on file in the office of said
town clerk in said matter an accurate description of said ditch
and of the starting points, routes and termini, size and depth of
said ditch and whether open, tiles or covered. They shall also
fix a time for the completion of said ditch. Said board shall also
include in their final order establishing said ditch a tabular state-
ment showing the names of the owners of the legal descriptions
of and the number of acres in each tract of land to be benefited or
damaged, the said names to be the same as appear on the tax
duplicates of said county, the estimated number of acres in each
of said tracts to be benefited or damaged, the number of acres
added to any tracts by the change of any water course and the
location and value of said added land, the damage, if any, to ripar-
ian rights pertaining to any tract, the amount that such tract will
be benefited or damaged by the construction of said work. When
any ditch established under this act benefits either in whole or
in part any public road or street within the limits of any town,
village or city, charged with the repair thereof, said board shall
estimate and report separately in such tabular statement the bene-
fits to each public road or street together with the names of the
town, village or city charged with repair thereof. They shall also
report in such tabular statement the damages awarded for injury
to any road or roadbed, and after the construction and mainte-
nance of any bridges, culverts or other work necessary to the
establishment of such ditch they shall make an order setting forth
that fact and their reasons therefor. (109.08)
150.08. Benefits and damages. —The board in ascertaining bene-
fits and damages, and also the court on appeal, shall be guided as
far as the same are applicable, by the rules for ascertaining bene-
fit and damages in case of county ditches as set forth in Chapter
230 of the General Laws of Minnesota for 1905. (109.09)
150.09. Costs and expenses. —The ditch petitioners shall advance
all costs and expenses of said ditch proceeding from its inception
to its completion, including damages awarded and the costs of con-
structing said ditch, which costs, expenses and damages so advanced
shall be repaid pro rata to said petitioners as hereinafter provided.
Tbey shall promptly upon making such payments, no matter
whether complete or partial, file with the town clerk a verified
statement showing in detail the amount and date of payment and
to whom and for what paid. (109.10)
150.10. Securities may be required. —The board is hereby di-
rected to require such securities as it may deem necessary, suit-
able and proper, from the petitioners for the proper performance
of all their duties under the terms of this act. (109.11)
150.11. Authority to enter lands for survey. —For the purpose of
making examination and surveys, the board and the engineer and
any person or persons named by the court on appeal, are authorized
to enter upon any land and to do any act necessary for the proper
performance of their duties and any person attempting to prevent
or interfere with them shall be guilty of a misdemeanor. (109.12)
150.12. Appeal to district court —Jury trial. —Any person ag-
grieved thereby may appeal from any order of said board made in
405
TOWN DRAINAGE
the proceedings and filed in the office of said town clerk, determin-
ing any of the following matters:
(1) The amount of benefits to any tract of land or to any public
road or street.
(2) The amount of damages, allowed to any person, town,
village or city.
(3) Refusing to establish such proposed ditch.
To render such appeal effectual the appellant shall file with the
town clerk within twenty days from the date of the filing of such
order in his office, a notice of appeal stating briefly the grounds
upon which the appeal is taken, accompanied by an appeal bond
to the town treasurer in an amount of not less than $250.00, to be
approved by the town clerk, conditioned that said appellant will
duly prosecute the appeal, pay all costs that may be adjudged
against him and abide the order of the court. Within twenty days
after such filing the town clerk, at the expense of the appellant
shall file in the office of the clerk of the district court of the county
in which said town clerk resides, a complete transcript of all the
papers and proceedings in the premises on file and of record in
his office, including the notice of Appeal. Any appellant deeming
himself aggrieved by the determination in an order of the board
establishing the proposed ditch as to the amounts of his benefits or
damages, may demand in writing, a jury trial to determine the
amount of his benefits or damages and such demand shall be filed
in the office of the clerk of the district court within twenty days
after the filing of the notice of appeal in the office of said town
clerk. If no such demand is filed, the appeal shall be tried by the
court without a jury. The appeal shall be duly tried and de-
termined at the next term of the district court held within said
county, beginning after the filing of such transcript and shall take
precedence of all matters of a civil nature in said court. If there
be more than one appeal they may be consolidated and tried
together. If appellant is unsuccessful he shall pay to said town
treasurer all of respondent's costs and disbursements, to be taxed
and allowed by and before the clerk of said court. The construction
of such ditch shall not be delayed or prevented by the prosecution
of any appeal if the petitioners shall give bond in amount and
with sureties to be fixed and approved by the town clerk, condi-
tioned for the payment of all damages finally awarded on said
appeal and to abide the orders and judgments of the court entered
thereon. It shall not be necessary to serve any notice of trial or
file any note of issue in the district court on such appeal. (109.13)
(109.13)
150.13. Judgment upon appeal. —Upon an appeal from an order
refusing to establish said ditch the court shall hear the entire
matter de novo, without jury and include in its final order and
findings all of the matters and data required in the final order
of the town board. As soon as final judgment is entered on an
appeal a certified copy thereof shall be transmitted by the clerk of
the district court to said town clerk and shall be attached to the
original order of the board and shall have the effect of modifying
said original order so as to make it conform with said judgment.
(109.14)
150.14. Appeal to supreme court. —Any aggrieved party to said
1 (6
TOWN DRAINAGE
ditch proceeding may appeal to the supreme court as in civil
actions, from any final order made in the district court, within thirty
days after the filing of such order. The notice of appeal shall be
served on the clerk of the district court and need not be served
upon any other person or corporation. (109.15)
150.15. Extension of time. —Whenever the letting of the con-
tract for the construction of said ditch is delayed either by lack of
bidders or by appeals or by ether proceedings in court, said town
clerk shall by his order in writing extend the time limit in the
order establishing said ditch for the construction thereof to com-
pensate for said delay and as necessity may require. (109.16)
150.16. Sale of Jobs —contractor's bonds. —Within ten days after
the filing of the order establishing said ditch the town clerk shall
post notice in each of three of the most public places In each of
the towns through which said ditch extends, and also in the office
of the auditor of the county in which said ditch is located of the
time and place at which he will sell to the lowest responsible
bidder or bidders the jobs of constructing said ditch. When the
estimated cost of the construction is more than $1,000.00 the town
clerk shall also advertise such sale of jobs in two newspapers; one
of which shall be the paper in which the delinquent tax list is
published in the county in which said ditch is located, and the
other a legal paper published nearest the proposed work. Said
notice shall state the approximate amount of work and the estimat-
ed cost and shall invite bids for the work as one job and also in
such divisions as the petitioners may in writing request and shall
reserve the rid ht to reject any and all bids, and no bid shall bc,
entertained which exceeds the estimated cost of the construction
of the part of said work covered by said bid more than 30 per
cent. Said town clerk may adjourn such letting from time to time
until the whole work shall be taken. If an engineer has been
appointed, no contract shall be let without the approval of said
engineer. Said town clerk may sell separately any job of building
of flumes or other wood or masonry work, fencing or other con-
struction work specified either directly or by reference in the order
establishing said ditch. The town clerk shall contract separately in
the name of the petitioners, with each party to whom any of such
jobs are sold, requiring him to construct the same in the time and
manner specified in the provisions of the final order establishing
said ditch and shall take from him a bond in the penal sum of not
less than the contract price, payable to the petitioners for the use
of such petitioners and of all persons and municipalities and towns
who may show themselves to be aggrieved or injured by any breach
thereof, or of the contract for which said bond is given with sure-
ties, to be by said town clerk approved, conditioned that said party
shall faithfully perform and fulfil his contract and pay all damages
which may accrue by reason of failure to complete the work in the
manner and within the time required in the contract therefor, which
bond shall include a stipulation that no change, extension, alteration
or addition to the terms of the contract or specifications shall in
any wise affect the obligation of the principal or sureties on said
bond. The contractor or contractors may each require the signa-
tures of each of the petitioners to the contract. and if any of the
petitioners fail to sign said contract or contracts, said contractor
or contractors may require that an amount of money equal to the
407
f'OWN DRAINAGE
contract price to be deposited with the town treasurer to secure
payment of said contract price upon the completion of said con-
tract. (109.17)
150.17. Bond and contract. —The bond and contract shall be
attached to each other and the contract shall contain a specific
description of the work to be done, either expressly or by reference
to plans, specifications, the order establishing said ditch or other
papers on file in said town clerk's office and shall provide that the
work shall be done and completed as provided for in the final order
establishing said ditch and subject to the approval of the engineer,
if there be one, and if not then to the approval of the board.
Said contract and bond shall be drawn to the satisfaction of the
engineer, if there be one, and to the satisfaction of the attorney -
at -law, if there be one. Every such contract shall embrace all the
provisions provided by law for the giving of bond by contractors
for public works and improvements and for the better security of
the parties performing labor and furnishing material in and about
the performance of such contracts and shall provide that time shall
be of the essence of the contract, in that if there should be any
failure to perform the work according to the terms of said contract,
'within the time limited therein originally or by extension, the con-
,ractor shall forfeit and pay to the petitioners a certain sum to be
named therein and which shall be fixed by the town clerk for each
day that such failure shall continue. No extension of time shall
be granted unless applied for in writing to the town clerk, stating
to his satisfaction, good and sufficient reasons therefor, nor, in case
there be an engineer, shall an extension of time be granted unless
said engineer is satisfied that good and sufficient reasons exist
therefor, nor shall any extension affect the right to enforce such
forfeiture, if any, as shall occur after the time originally limited
and before such extension or occurring after the limit of the
extension. The bond shall expressly provide that the bondsmen
shall be liable for all damages resulting from such failure, whether
the work be resold or not, and that any person showing himself
injured by such failure may maintain an action upon such bond in
his own name and that such actions may be successive in favor of
all persons so injured. Such contractor shall be considered a public
officer and such bond an official bond within the meaning of the
statutory provisions construing such official bonds of public officers
as security to all persons and providing for actions on such bonds
by any injured party, in the district court. (109.18)
150.18. Modification of plans. —The engineer, if there be one,
and if there is no engineer, then the board shall have the right to
modify the plans and specifications contained in the final order
establishing said ditch as the work proceeds and as circumstances
may require, provided no changes are made that will substantially
impair the usefulness of any part of the ditch or substantially alter
its original character or increase its total cost by more than two
per centum of the total contract price for the construction thereof.
(109.19)
150.19. Failure of contractors. —If a job be not completed within
the time fixed in the contract therefor the town clerk shall forth-
with notify the bondsmen in writing and order them to completa
said job within time specified by him. If the completion of said
408
TOWN DRAINAGE
job shall not be undertaken by said bondsmen within twenty days
after the date of said order, the petitioners may proceed to com-
plete said job upon the giving of a bond containing like conditions
as the original contractor's bond. The board shall determine the
proportion of the contract price to be paid to the contractor and
the proportion thereof to be paid to the parties completing said
ditch. The petitioners and all other parties damaged or injured
by the failure of the contractor to complete his job as called for
by his contract shall have right of action and recover against the
bondsmen. (109.20)
150.20. Damages —payment of. —No ditch shall be constructed
until the damages assessed shall have been paid or deposited as
follows: Payment of the damages awarded may be made or ten-
dered at any time after the filing of the order establishing said
ditch and acceptance of such payment shall be taken as a waiver
of all objections to said order and to the proceedings leading thereto
on the part of the payee and of all persons for whom he is law-
fully empowered to act. In case any party to whom an award of
damages is made be not a resident of the state or his place of
residence be unknown or he is an infant or other person under legal
disability, or being legally capable, refuse to accept payment, or if
for any reason it be doubtful to whom an award should be paid, the
petitioners may pay the sum to the town treasurer, to be paid out
under the direction of the board, and unless an appeal be taken
as herein provided, such deposit with the said treasurer shall be
deemed a payment of said award. If an appeal be taken from the
award of damages then when judgment is entered fixing the amount
of damages, the petitioners shall pay said damages as fixed by the
judgment of the court, with costs and interest in the same manner
as if said damages as fixed by the judgment of the court with costs
and interest had been the amount originally awarded in the order
establishing said ditch. (109.21)
150.21. Certificate of completion. —If no engineer has been ap-
pointed, then said ditch shall be constructed under the supervision
of the board which shall have authority to approve the same. If an
engineer is appointed, then said ditch shall be constructed under
the supervision of said engineer who shall have authority to
approve the same. Upon the town clerk being advised that said
ditch is completed, he shall notify the engineer, if there is one,
and If not, call a meeting of the board. Thereupon said engineer or
said hoard, as the case may be, shall inspect said ditch and if found
complete and according to the order establishing the same, shall
certify to said fact in writing and file said certificate in the office
of said town clerk. The contractor or contractors shall, upon said
certificate being filed, be entitled forthwith to payment in full
from said petitioners. (109.22)
150.22. Statement and summary. —Upon the filing of said certifi-
cate of the board or of the engineer, as the case may be, the town
clerk shall, at the earliest practicable time, make a tabular list and
statement showing the following facts and in the order named:
1. The names of the owners of all lands benefited by the
construction of such proposed work as appears from the order
establishing said ditch as affected by the judgment of the district
court on appeal.
409
TOWN DRAINAGE
2. The description of such lands as the same appears in said
order establishing said ditch as so affected, together with the total
number of acres in each tract according to the assessment rolls
or tax lists of the county.
3. The estimated number of acres benefited in each tract of
said land as shown as aforesaid.
4. The estimated amount of benefits and damages to each of
said tracts of land as the same appears in said order as changed,
on appeal, by the district court.
5. The respective public roads and streets benefited by said
ditch, the estimated amount of such benefits to each of said public
roads and streets, and the names of the respective cities and towns
and villages charged with the repair thereof, all as appear, in said
order establishing said ditch, as affected by the judgment of the
court on appeal.
6. The amount that each of said tracts of land and that each
of said towns, villages and cities that are charged with the repair
of the several benefited public roads and streets, will be liable for
and must pay for said ditch to be determined as follows:
Said town clerk shall make a full statement showing the total
cost of such ditch from its incepti= to its completion, show to
whom paid, for what paid and the amount paid. Said statement
shall be summed up to show in figures the total cost of each ditch
and shall be attached to and form a part of the list and statement
herein provided for. The total cost shy." filen be divided by the
total estimated benefits for the rate of cost on each dollar of
benefit, not using a smaller fraction than one -tenth of one mill.
The amount of estimated benefits to each tract of land shall be
multiplied by said rate and the result set down in the proper
column opposite each of said tracts of land, and the result so
obtained shall be the amount that each of said tracts of land will
be liable for on account of such improvement. The amount of
estimated benefits to each public street or road shall be multiplied
by said rate and the result set down opposite the name of the
respective town, villages and cities charged with the repair of
said respective roads and streets and shall be the amounts that
each of said towns, villages and cities will be liable for on account
of such improvement. All assessments against tracts of land
owned by any -ne or more petitioners shall be marked paid by the
town clerk. It _'s the intention of this act that the balance of the
assessments shall be ultimately paid over when collected to said
petitioners to recompense them for the costs advanced on said
ditch. (109.23)
150.23. Recording of statement and summary. —Such statement
signed by the town clerk in the p'esence of two attesting witnesses
and acknowledged by him, shall then be duly filed with and recorded
by the register of deeds of each county in which lands, roads or
streets are located, that are described in said statement. The
amount which each tract of land and each town, village or city will
be liable for and the interest thereon as hereinafter provided, shall
be and remain a first paramount lien on such land and on such
town, village or city until fully paid and shall take precedence of
all mortgages, charges, encumbrances or other liens whatever.
Such payments may be made as hereinafter provided. Such filing
shall be deemed nonce to all parties interested of the existence of
410
TOWN DRAINAGE
such lien. The fees of the register of deeds for such recording
shall be paid by the petitioners and shall be included in said state-
ment as a part of the total cost of said ditch. Said recorded state-
ment shall be returned to the town clerk and preserved by him
with the other papers relating to such ditch. (109.24)
150.24. Collection of assessment —interest. — The amount that
each tract of land, public or corporate road shall be liable for on
account of the location, construction and establishment of any ditch,
shall bear interest from the time of the filing of the town clerk's
statement in the register of deeds' office, at the rate of 6 per cent.
per annum until paid. Such liens may be paid to the county
treasurer at any time after the recording of such statement in said
register of deeds' office. When payment of the full amount of such
liens, with interest, shall at any time be made, the town clerk, upon
presentation of a receipt from the county treasurer to that effect,
shall issue under his hand and seal a certificate of such payment
and the same when recorded in the office of the register of deeds,
shall release and discharge such lien of record. On or before No-
vember 15 of the next following such filing, the town clerk shall no-
tify the auditor of each county in which said statement is filed, of
the time of such filing and of the book and page in the office of said
register of deeds of said county at which said statement is filed and
of the certificates of payment in full that he has issued, and said
auditor shall thereupon forthwith enter on the tax lists of said
county the amount of such lien then remaining unpaid against each
respective tract of land subject thereto, as a tax on such tract which
shall be subject to and be collected with like penalties as all other
taxes for said year, until all is paid. (109.25)
150.25. Roads benefited —liability of municipalities. —Whenever
any public road or street shall have been found by the order estab-
lishing said ditch to have been benefited, the town, village or city
which is by law chargeable with the duty of keeping such road or
street in repair shall be assessed as hereinbefore provided, the pro
rata amount of such benefits accruing to such roads or streets with-
in said city, village or town by reason of such ditch and the same
shall thereupon become a liability of such city, village or town and
shall be due on the filing of the town clerk's statement in the office
of the register of deeds for record. Thereupon the town clerk shall
forthwith issue a warrant to the treasurer of the town in which
said petition was filed, requiring him to pay into the ditch fund
of said ditch the amount of the assessment of the town of which he
is treasurer, which said town treasurer shall forthwith do upon
receiving said warrant. Said town clerk shall at the same time
notify by mail or otherwise the clerk of each other town, city or
village of the amount due from said respective town, city or village.
If not paid to the town treasurer within thirty days, the town clerk
shall notify the county auditor of the proper county in writing.
thereof, who shall thereupon extend the amount thereof with
interest at six per centum per annum from said day of filing in said
register of deeds' office against all the property in such city, vil-
lage or town liable to taxation, and the same shall become due, be
paid and collected in the same manner and with like penalties as
other taxes for that year. (109.26)
150.26. Assessments —town treasurer. —All assessments when
411
TOWN DRAINAGE
collected by the county treasurer or county treasurers shall forth-
with be transmitted to the town treasurer of the town in which
said petition was filed, to be kept by him in a separate fund to be
known at "Fund of Town Ditch No. .... of town of ....," and the
petitioners for said ditch who have paid for the construction
thereof and for the costs and expenses of said ditch, shall be
entitled to repayment from said funa, of all moneys received by
the town treasurer as the proceeds of said assessments and
interest. Such payment shall only be made upon warrant drawn by
the town clerk, who shall have power to draw such warrant with-
out any order of said board. (109.27)
150.27.—Place of flling.—All petitions, resolutions, orders, en-
gineer's reports, notices of appeal, bonds of engineer, affidavits,
oaths and other instruments and papers having to do with said
ditch proceedings shall be forthwith filed in the office of the town
clerk where said petition was originally filed. (109.28)
150.28. Meetings of board —how called. —The town clerk of the
town in which said petition is filed shall have power whenever
necessary in said ditch proceeding, to call a meeting of the board
at such time and place as he may designate, upon three days'
notice given each member of the board of supervisors of each
one of the towns in which any of the lands or public roads de-
scribed in the petition are located. It shall be a sufficient state-
ment of the objects and purposes of said meeting in said notice
to say that it is called pursuant to the provisions of this act.
(109.29)
150.29. Appointment of other engineers. —If the engineer ap-
pointed by the board fails to qualify, or at lily time resigns, dies or
becomes disabled during the progress of the work, the board shall
forthwith appoint another civil engineer having the qualifications
required by this act in the stead and place of the engineer first
appointed, who shall give the bond and take the oath required by
this act and shall do all things remaining to be done by the original
appointee. (109.30)
150.30. Duty of railroads —penalty. —It shall be the duty of every
railroad company in this state, owning a right of way therein, over.
under or through which it shall be necessary to construct and ditch
in any drainage proceeding hereunder, to permit such ditch to be
constructed over its said right of way, provided such ditch across
said right of way shall be an underground ditch when practicable,
otherwise to be constructed in the usual and ordinary manner, and
so as not to impair the usefulness of the railroad. Any railroad
company in this state refusing permission or continuing to obstruct
the construction of such drain across its right of way after the
same has been ordered and written permission demanded for the
construction of the same by the contractor or party entitled to
construct the same, shall forfeit the sum of $25 per day for each
and every day that such refusal or obtruction continues or is
made aft ar such written demand, to be recovered in a civil action
by the contractor or other party aggrieved. (109.31)
150.31. Repairs. —That hereafter the town board of any town-
ship in which is located a town ditch, shall have the same powers
to repair such township ditches, as are conferred upon the Board
412
TOWN DRAINAGE
of County Commissioners by Section 6840-54, Mason's Minnesota
Statutes of 1927, to repair county ditches. Any such Township
Board may provide for repairs of such township ditch by a like
petition and the same procedure as is provided for repairs of
county ditches by said Section 6840-54, Mason's Minnesota Statutes
of 1927. (109.32)
Chapter 228, Laws of 1939, prohibits, in certain counties, the owner,
occupier or any other person from removing, disturbing or inter-
fering with tile which has been installed for a period of twenty years
or more for the purpose of draining water off of agricultural lands
where such installation was in pursuance of county ditch or judicial
ditch proceeding;. The governing body of the township may require
the guilty person to repair the damage, and in default may itself
do the work and the expense thereof shall be a lien against the
land on which repairs are made, to be collected as a tax upon the
land in the same manner as other real estate taxes are collected.
150.32. Obstruction —penalties. —Any person wilfully or negli-
gently obstructing or in any way injuring any work constructed
under the provisions of this act or allowing such ditch to be injured
or obstructed by his live stock, horses or cattle, or diverting the
water in said ditch or interfering with the construction of said
ditch, shall be guilty of a misdemeanor and shall also be liable to
any or all persons or corporations injured by said act, in treble
damages. Any town clerk. member of a town board of supervisors,
town treasurer, register of deeds, or other officer who refuses or
neglects to perform any of the ditties imposed upon him by this
act shall be guilty of a misdemeanor and shall also be liable to
any person injured by this act in treble damages. The county
attorney of said county shall prosecute all criminal actions arising
under this act. (109.33)
150.33. Compensation of members of board, etc. —The engineer,
or surveyor, if appointed, has compensation by his services and
expenses such amount as the board by resolution may determine.
The members of the board shall each receive $3.00 for every day
they are necessarily employed in acting on said ditch proceeding
or in viewing the ditch and making up and filing their orders and
their actual, and necessary expenses. The viewers shall receive
the same compensation as the town board does for its work.
Each rodman, chainman, axeman and other employee necessary to
the prompt execution of the work of locating or inspecting the
ditch shall receive such compensation as the board by resolution
may determine. The town clerk, the town treasurer, the register of
deeds, constable and other officers shall be paid the same fees as
are allowed by law for similar service, or if no fees are allowed
then they shall receive reasonable compensation for their services.
Such compensation shall be in addition to all sums allowed by law
at the time of the passage of this chapter. The fees per diem,
compensation and expenses shall be, before payment, audited and
allowed by the town clerk and be paid by the petitioners from time
to time. (109.34)
150.34. Parties not affected cannot question proceedings. —No
person shall be permitted to take advantage of any error committed
in any proceeding under this act either by the board, engineer, town
clerk, town treasurer or by the court or by any person, nor of any
informality, error, or defect appearing in the record of such pro-
ceeding unless the party complaining thereof is directly affected
413
TOWN DRAINAGE
thereby. If the court shall at any time modify an assessment or
enjoin the collection thereof, or release any person from the lia-
bility thereof, it shall in no manner affect the liability or rights of
any other person. (109.35)
150.35. Act liberally construed. —This act shall be liberally con
strued so as to promote the public health, the construction and im-
provement of roads and the drainage and reclamation of wet or
overflowed lands. It shall not be construed as repealing any drain-
age law except as herein expressly provided.
150.36. Records as evidence. —The record of every order of the
board laying out and establishing any ditch or refusing to establish
the same under the provisions of this act, and the record of every
judgment on appeal or a certified copy of such record, shall be
prima facie evidence of the facts therein stated and the regularity
of all the proceedings prior to the making of said order or judg-
ment. (109.36)
150.37. Orders and notices —how served. —All orders, judgments
and notices herein prescribed, not otherwise provided for, shall be
served by any constable or other disinterested person designated by
the town clerk or by the court, and such constable or other person
so designated shall be paid the same fees by the petitioners as are
allowed by law for similar service. (109.37)
414
CHAPTER XXIII.
BONDS -SURETIES - DEPOSITORIES.
170.00. Bonds, etc. —Securities, qualifications. —Save when oth•
erwise specially provided by statute, every bond, recognizance or
undertaking required or permitted to be made, given, tendered, or
filed for the security or protection of the state, or of any person,
corporation, municipality, or department thereof, or any other or-
ganization whatever, and conditioned for the doing or not doing of
anything in such instrument of security specified, shall be signed
by two or more sureties, who shall be residents and freeholders
of the state, and shall justify as provided in the following section.
Every bond or recognizance shall also be signed by the principal,
and every bond shall be acknowledged by the principal and sure-
ties. (574.01)
170.01. Modes of justification. — The justification of sureties
mentioned in Section 4523 (§ 1118), shall be by affidavit, annexed to
the bond or other security, wherein each surety shall state under
oath that he is worth a certain definite amount above his debts
and liabilities and exclusive of his property exempt from execution,
but the aggregate of the amount sworn to as aforesaid by all the
sureties shall be not less than double the amount of the penalty
of such bond or other security. Where in the cases provided by
law exception is taken to sureties, they shall be examined by the
judge or officer before whom they are required to attend for pur-
poses of justification, in such manner as he shall deem proper.
The examination shall be reduced to writing and filed in the cause,
and, if the judge or officer deems the sureties sufficient, he shall
endorse his approval upon the instrument, and return the same
to the proper custodian thereof. (574.12)
170.02. Surety companies. —Whenever the bond or other instru-
ment is required to be made with one surety, or with two or more
sureties, it shall be sufficient if the same be executed, or the condi-
tions thereof be guaranteed, solely by a corporation authorized by
law so to do. But no such corporation shall be accepted or ap-
proved as a surety or guarantor unless it holds the certificate of
the insurance commissioner, showing that it is authorized to con-
tract as such. (574.15)
170.03. Sureties for part of penalty. —Sureties may be accepted,
in the discretion of the approving officer or body, for a part only
of the penalty, and may justify in separate and different sums,
but the aggregate liability of the sureties shall in all cases be not
less than that required by law, if each surety had justified in the
full amount. (574.17)
170.04. Undertaking in lieu of bond. —In all cases of appeal
from a county board to district court upon the allowance or disal-
lowance of claims, in all actions brought before justices of the
peace, in all appeals from a justice or probate court to the district
court. in all actions begun in the district court, in all cases of ap-
peal or writ of error to remove a cause or proceeding therein to
the Supreme Court, and in all cases of special or equitable pro-
415
BONDS AND SURETIES
ceeding, in the district or supreme court, the filing or service or
both, as may be required of an undertaking, signed by a surety
or sureties as the law may require, containing a condition substan-
tially the same as required for bonds, with like sureties, qualifica-
tions and justifications, and without acknowledgment or signature
of the principal, shall be deemed a sufficient compliance with the
law to sustain any such action, appeal, or proceeding. Every such
undertaking shall save and secure all rights and liabilities to the
same extent as a bond, and the damages presumed to accrue to
the party against whom such proceeding is taken, shall be deemed
a sufficient consideration for such undertaking, though no con-
sideration be mentioned therein; but no undertaking or bond need
be given upon any appeal or other proceeding instituted in favor
of the state, or any county, city, town, or school district therein,
or any executor or administrator as such. (574.18)
170.06. Cost for surety bond. —Any receiver, assignee, trustee,
committee, guardian, executor, administrator, or other fiduciary,
required by law to give bond as such, may include as a part of his
lawful expenses, such actual sum paid for such suretyship, not
exceeding $10 per annum when the amount of the bond is not more
than $1,000 and not more than one per cent. per annum on
the excess when over $1,000, as the head of the department,
court, judge, or officer by whom, or the court or body by
which he is appointed allows; and in all actions or proceedings
the party entitled to recover costs may include therein the reason-
able fees of such company for executing or guaranteeing any bond
or undertaking therein. The several county and town boards, and
the governing body of any city, village, or school district, may al-
low the treasurer of the municipality such reasonable sum, not
exceeding the amount herein specified, as may have been paid by
him for such suretyship, to be paid out to the general revenue
fund of the municipality; provided that the officers required by
law to approve such bill may first designate the surety company
to be employed, if its charges be as low as those offered by any
other responsible company. (574.19)
170.07. Bonds, by whom approved. —Except as otherwise pro-
vided by law in particular cases, bonds shall be approved as fol-
lows
1. The official bonds of al] state officers, including those of
the treasurers, superintendents, and other officials, and employees
of the several public educational, charitable, penal and reformatory
institutions belonging to the state, shall be approved, as to form,
by the attorney general, and in all other respects by the governor
and the public examiner, or one of them;
2. The official bonds of county, town, city, village, and school
district officers and employees by the governing body of the munici-
pality for whose security they are respectively given;
3. Those required or permitted by law to be given in any
court, by the judge or justice of the court in which the proceeding
is begun or pending.
No officer, official, or employee required to give bond shall en,
ter upon his duties until his bond is duly approved and filed.
(674.20)
416
BONDS AND SURETIES
170.08. Place of filing bonds. —Except when otherwise espec-
ially provided by law, the bonds of public officials shall be filed as
follows:
1. Those of all state officers, including the officials and em-
ployees of the several departments and institutions thereof, with
the secretary of state, who shall record and retain the same;
2. Those of all county officers, and of all other officials or
persons given to the county, with the register of deeds; and after
the same have been recorded by the register, he shall file them
with the secretary of state for safe -keeping;
3. Those of all city, village, and borough officers, with the
clerk of such municipality;
4. Those of school district officers, with the clerk of the dis-
trict. (574.21)
170.09. Same —In court proceedings. —All bonds required or per-
mitted by law to be given in actions or proceedings in any court
shall be filed in said court, unless especially required by law to be
filed, delivered, or deposited elsewhere, or unless the judge or
justice of such court shall by written order direct some other dis-
position thereof. (542.22)
170.10. Examination of accounts of public officers. —In case of
the filing of a new official bond or other security, the expiration
of the term of office, or the death, resignation, or removal of the
officer, the officer, board, committee, or body required or permit-
ted to accept or approve such bond or other security, having juris-
diction or being authorized or required to examine the accounts of
such officer. shall make or cause to be made a thorough examin-
ation of his accounts, and if any shortage or irregularity is dis-
covered, shall at once notify such officer and his sureties of the
amount claimed to be due, or of the nature of the irregularity.
Such statement shall be in writing, and be served upon such of-
ficer and his sureties, or their agents or attorneys, by mail, ad-
dressed to their residences, if known; but failure to make the ex-
amination or give such notice shall not discharge the sureties.
(574.23)
170.11. Official bonds, security to whom —Actions. —The official
bond or other security of a public officer, whether with or without
sureties. shall be security to all persons severally for the official
delinquencies against which it is intended to provide, as well as to
the obligee designated therein, and when no other provision is
made by law, it shall run to the state. When a public officer, by
official misconduct or neglect, forfeits his bond or renders his
sureties liable thereon, any person injured thereby, or who is by
law entitled to the benefit of the security, may bring an action
thereon in his own name, against the officer and his sureties, to
recover the amount to which he is entitled by reason of the de-
linquency; and a judgment in favor of a party for one delinquency
does not preclude the same or another party from an action on
the same security for another delinquency. (574.24)
170.12. Leave to bring action —Endorsement on execution. —Be -
tore an action shall be brought by a plaintiff other than the state
or body politic named in the bond, leave shall be obtained of the
417
BONDS AND SURETIES
district court of the county in which the action is triable, or a
judge thereof, by the production of a copy of the bond and an af-
fidavit showing the delinquency; and If the delinquency be such
that, if established on the trial, it would entitle the applicant to
recover, leave shall be granted. Upon the execution issued on a
judgment recovered upon the official security of a public officer,
against him and a surety, there shall be endorsed a direction to
the officer to whom the same is delivered to collect the same out
of the property of the principal, if sufficient can be found, and if
not, out of the property of the surety. (574.25)
170.13. Bonds of public contractors —Penalty. —No contract with
the state, or with any municipal corporation or other public board
or body thereof, for the doing of any public work, shall be valid
for any purpose, unless the contractor shall give bond to the state
or other body contracted with, for the use of the obligee and of all
persons doing work or furnishing skill, tools, machinery, or mate-
rials or insurance premiums or equipment or supplies for any
camp maintained for the feeding or keeping of men and animals
engaged under, or for the purpose of, such contract, conditioned for
the payment, as they become due, of all just claims for such work,
tools, machinery, skill, materials. insurance premiums, equip-
ment and supplies, for the completion of the contract in accordance
with its terms, for saving the obligee harmless from all costs and
charges that may accrue on account of the doing of the work
specified and for the enforcing of the terms of the bond if action
is brought on the bond, including reasonable attorney's fees, in
any case where such action is successfully maintained and for the
compliance with the laws appertaining thereto. The penalty of
such bond shall be not less than the contract price, and 1f after
the giving of said bond the contract price should for any reason
be increased, the obligee may require an additional bond, the pen-
alty of which shall be not less than the amount of such increase,
and if such additional bond be not furnished within ten days after
such demand, the work on such contract shall cease until such ad-
ditional bond shall have been furnished. Provided, that in con-
tracts made by the state board of control or the Minnesota High-
way Department on behalf of the state the penalty of the bond
shall be in such amount as the state board of control or the Com-
missioner of Highways may fix, but not less than three-quarters of
the contract price. (574.26)
170.14. Bidders to have right of action in certain cases. —From
and after the passage of this act any bidder upon any public work
or public improvement of any kind in the state of Minnesota where
bids therefor are received and where in connection with such bids
a deposit of money, or a certified check, or bond or other security
is required to be given for the performance of said bid if accepted,
the political subdivision of the state causing said public work or
other public improvement to be made or done shall be liable to
such bidder for a return to him of the money, certified check or
other thing of value so deposited by him in the event of the non-
acceptance of his bid on such public work or improvement, or in
the event of the acceptance of his bid, during the interval between
such acceptance and the entering into of a contract for such work
and the giving of security in connection therewith by him and this
liability shall exist even though the failure to return such money,
418
BONDS AND SURETIES
certified check or other thing of value be occasioned by the defal-
cation or unlawful conversion thereof by the officer of such political
subdivision clothed with the custody thereof. (574.27)
170.15. Approval and filing. —Such bond shall be approved by,
and filed with, the treasurer of the obligee named therein unless the
contract be for work upon a state trunk highway or erection, im-
provement, or repair of buildings, for a state institution, in which
case it shall be approved and filed with the board or officer hav-
ing the financial management thereof (of such institution). If
such bond be not taken, the corporation or body for which work is
done under the contract shall be liable to all persons, furnishing
labor, skill or material to the contractor thereunder for any loss
resulting to them from such failure. No assignment, codification,
or change of the contract, or change in the work covered thereby,
nor any extension of time for completion of the contract shall re-
lease the surities on said bond. (574.28)
170.16. Action on bond. —Any person entitled to the protec-
tion of such bond may maintain an action thereon for the
amount due him. He shall notify the obligee named in the bond
of the beginning of such action, giving the names of the parties,
describing the bond sued upon, and stating the amount and nature
of his claim. No judgment shall be entered in such action within
30 days after the giving of such notice. The obligee or any other
person having a cause of action on such bond may be admitted on
his motion, as a party to such action, and the court shall deter-
mine the rights of all parties thereto. If the amount realized on
said bond be insufficient to discharge all such claims in full, such
amount shall be distributed among the parties pro rata. (574.29)
170.17. Insolvent or insufficient sureties. —Whenever in its
judgment any of the sureties on such bond have become insolvent,
or for any cause are no longer proper or sufficient sureties, the
obligee may require the contractor to furnish a new or additional
bond within 10 days; and thereupon, if so ordered by such obligee,
all work on such contract shall cease until such new or additional
bond is furnished. If such bond be not furnished within such time,
the obligee may at its option determine the contract, and com-
plete the same as the agent and at the expense of such contractor
and his sureties. (574.30)
170.18. Limit of time to bring action. —No action shall be main-
tained on any such bond unless within ninety days after the com-
pletion of the contract and acceptance thereof by the proper public
authorities, the claimant shall file a written notice specifying the
nature and amount of his claim and the date of furnishing the last
item thereof, in the office of the commissioner of insurance in case
the contract is for the performance of work for the state or any
department thereof, and in case the contract is let by any county,
municipal corporation or other public board or body, then such
notice shall be filed in the office of the county auditor of the
county letting the contract or the county in which such municipal
corporation, public board or body Is situate, and if situate in two
or more counties then such notice shall be filed in the office of the
county auditor of each such counties; nor unless the action is
419
BONDS AND SURETIES
begun within one year after the filing of such notice. The county
auditor shall enter the time of filing every such notice in a book
kept for that purpose which shall be properly indexed. (574.31)
170.19. Notice to be mailed to contractor and sureties. —The
commissioner of insurance or the county auditor in whose office
the written notice above specified is filed shall upon receipt of
said written notice mail one copy of the same by registered mail
to the principal contractor, at his last known address, and to each
of the sureties on his bond, at their last known addresses, and the
claimant shall at the time he files said written notice furnish the
commissioner of insurance or the county auditor in whose office
the notice is filed at least two copies of said notice. The commis-
sioner of insurance or county auditor with whom said notice is
filed shall be entitled to charge a fee of $1.00 for filing said notice
and mailing the copies as herein provided; and provided further
that the failure of the commissioner of insurance or the county
auditor with whom said notice is filed to mail said copies as herein
provided. shall in no way affect the validity of the claim or the right
of the claimant to maintain an action thereon. (574.32)
170.20. Actions for fines, forfeitures and penalties —Collusion. —
Actions for fines and forfeitures may be prosecuted by the officers
or persons to whom they are by law given, or who by special pro-
visions of law are authorized to recover them; and, 'whether
prosecuted by public officers or by private persons, shall be gov-
erned by the same rules as other civil actions, except as herein
otherwise prescribed. When an action is brought for a penalty, the
amount of which is limited by law, it may be brought for the
amount so limited, and upon trial the amount recovered shall be
in proportion to the offense. Recovery of a judgment for a pen-
alty or forfeiture, by collusion between the parties and with intent
to save the defendant from the consequences contemplated by
law, where the same is given wholly or partly to the prosecutor,
shall not prevent a recovery of the same by another person.
(574.33)
170.21. Fines, how disposed of —Action by state. —Nines and for-
feitures not specially granted or appropriated by law, shall be
paid into the treasury of the county where the same are incurred.
(574.34)
170.22. Prosecution for fines, etc. — Court commitment. — All
fines and forfeitures imposed as a punishment for any offense or
for the violation of any duty imposed by statute. may be prose-
cuted for and recovered by indictment in the district court, or,
when the amount or value thereof does not exceed $100, before a
justice of the peace, who shall have jurisdiction therefor concur
rently with the district court; and in all cases of the imposition
of a fine pursuant to statute, as punishment for any offense, the
offender may be committed until the same is paid or he is other-
wise discharged according to law. (574.35)
170.23. Deposit of public funds. —The council of any village, or
of any city of the fourth class, may designate as a depository of
city or village funds such national, state, or private banks as it may
420
DEPOSITORIES
deem proper. Each shall give bond to the municipality, in at least
double the amount authorized to be deposited therein, to be ap-
proved by the council, conditioned to repay all sums deposited
therein upon proper demand therefor, and for the performance of
such other duties as the council may require. And such council
from time to time may require the city or village treasurer to de-
posit all or any part of the public funds in his hands in such banks,
and to withdraw the same when so directed. No such deposit
shall be made for a time extending beyond the term of the council
then in office, and all the terms and conditions of deposit shall
be set forth in the resolution designating the several depositories
which resolution shall be filed with the clerk or recorder. The
treasurer shall not be liable on his bond for any money so de-
posited by direction of the council, and lost through the failure
bankruptcy, or other default of such bank. All interest accruing
upon such deposits shall belong to the city or village. (427.01)
170.24. Depository may furnish collateral. —Any bank or trust
company authorized to do a banking business in this state, desig-
nated as a depository of county, city, village, borough, town, or
school district funds, as provided by law, may, in lieu of the cor-
porate or personal surety bond required to be furnished to secure
such funds, deposit with the treasurer of the municipality making
such designation, such bonds, certificates of indebtedness or war-
rants, except bonds secured by real estate, as are legally authorized
investments for saving banks under the laws of the state or the
bonds of any of the insular possessions of the United States, or the
bonds of any state or its agency the payment of the principal and
interest of which, or either, is provided for otherwise than by
direct taxation—, or notes secured by first mortgages of future
maturity, upon which interest is not past due, on improved real
estate free from delinquent taxes, within the county wherein said
bank or trust company is located, or within counties immediately
adjoining such county in the State of Minnesota. The total in
amount of such collateral computed at its market value shall be at
least 10 per cent more than the limit of deposit which would be
permitted if a corporate or personal surety bond was furnished.
The depository may in its discretion furnish both a bond and col-
lateral aggregating the required amount. Any collateral so de-
posited shall be accompanied by an assignment thereof to the
municipality designating such depository, which assignment shall
recite that such depository shall pay over to the treasurer, or his
order, on demand, or if a time deposit when due, free of exchange or
any other charges all moneys deposited therein at any time during
the period such collateral shall be so deposited. and to pay the in-
terest thereon when due at the agreed rate; and that in case of any
default upon the part of the depository the governing body of the
municipality making the designation shall have full power and auth-
ority to sell such collateral, or as much thereof as may be necessary
to realize the full amount due the municipality and to pay over any
1 surplus to the depository, or its assigns. A depository may in its
discretion deposit collateral of a value less than the total designa-
tion and may from time to time during the period of its designa-
tion deposit additional collateral and make withdrawals of excess
collatenal to the depository when the trust so created is terminated,
part thereof. Authority is vested in the treasurer to return the
collateral to the deposiory when the trust so created is terminated,
421
DEPOSITORIES
and he shall in the case of a reduction of the deposit permit the
depository to withdraw the excess portion thereof. All interest on
the collateral so deposited when collected shall be paid to the de-
pository so long as it is not in default. Before any collateral is
deposited with the treasurer it shall first be approved by the same
authority that designated the depository but no such authority
shall be necessary for the withdrawal of collateral. The closing of
a depository shall be deemed a default upon the part of the de-
pository and no demand upon the part of the municipality, or its
treasurer, shall be necessary to establish such default. If a Ileposi-
tory shall close, any time deposit placed therein shall immediately
become due and payable. If both bond and collateral is furnished
by a depository, all or any part of the collateral may be withdrawn
without in any way impairing the full force and effect of the bond
unless it shall contain a provision that the collateral shall not be
withdrawn without the consent of the surety thereon. If a cor-
porate surety bond is furnished by a depository it shall be in a penal
sum not to exceed the amount designated as the limit of deposit
therein notwithstanding any other provisions of law to the contrary.
At no time shall the treasurer maintain a deposit in any depository
against collateral in excess of 90 per cent of the market value
thereof. Any provision of law authorizing any county, city, village,
borough, town or school 'district to designate banks as depositories
shall be construed to include trust companies authorized to do a
banking business. All bonds furnished under the provisions of
this act shall be approved by the governing body of the munici-
pality making such designation and shall be filed in the office of
the county auditor as provided by Chapter 118 of the Laws of the
State of Minnesota for the year 1927 and all collateral deposited
under the provisions of this act s-uall be approved by the governing
body of the municipality making such designation and after such
approval be deposited with the treasurer of such municipality, un-
less the governing body of such municipality shall by resolution fix
and determine some other place for the safe keeping of such col-
lateral. Such collateral shall not be redeposited in the bank or trust
company furnishing the same.
Any banking corporation pledging such securities, at any time
it deems it advisable or desirable, may substitute obligations of the
United States of America for all or any part of the securities
pledged. The collateral so substituted shall be approved by the
governing 'body of the county, city, village, borough, town, or
school district making such designation at its next official meeting.
Such securities so substituted shall, at the time of substitution,
have a market value sufficient, together with the market value of
the original securities for which no substitution is made, to equal
or exceed $110 for every $100 of public deposits.
In the event of such substitution the holder or custodian of the
securities shall, on the same day, forward by registered or certified
mail to the public corporation and the depository bank, a receipt
specifically describing and identifying both the securities so sub-
stituted and those released and returned to the depository bank.
(118.01)
See §2.07.
170.25. Existing contracts not impaired. —Nothing in this act
122
DEPOSITORIES
shall be construed as modifying or impairing any existing Contract
or obligation, but authority is hereby conferred upon any governing
body or other authority authorized to designate 'depositories to
terminate any existing contract with any depository by mutual con-
sent and to make a new designation under the terms hereof for the
unexpired period of the designation. (118.02)
170.26. Other acts amended. —The provisions of Sections 102
and 107, General Statutes 1923, so far as inconsistent with the
provisions of this act and except as they relate to state depositories,
are hereby superceded, amended and qualified to conform to the
provisions of this act. (118.03)
172.10. Investment of funds. —When the town board of any
town or the school board of any school district in this state, by a
unanimous resolution, deem it advisable, such town board or school
board may invest such amount of funds in such town or school
treasury as will not, in the opinion of such board, be needed by
such town or school district during the fiscal year, in any of the
bonds of any county, city, town, village, school district, drainage
or other district created pursuant to law for public purposes in
Minnesota, Iowa, Wisconsin, North and South Dakota, or in bonds
of the United States of America, or in the bonds of any city, county,
town, village, school district, drainage or other district created
pursuant to law for public purposes in the United States, contain-
ing at least 3,500 inhabitants, provided that the total bonded in-
debtedness of any such municipality or district shall not exceed ten
per cent of its assessed valuation. (118.12)
172.11. Deposit of securities. —Any town board or school dis-
trict board investing such surplus funds in such authorized securi-
ties as provided in section 118.12 shall deposit such securities for
safekeeping with the county treasurer of the county wherein such
town or school district is located or with any bank maintaining
a safe -keeping department. Such county treasurer or bank shall
give a receipt for each and all of such securities to the town board
or school district board, as the base may be, and such county treas-
urer or bank shall keep such securities for safe -keeping until such
time as such town board or school district board shall adopt a
resolution requesting the county treasurer or bank to turn such
securities or any of them over to the treasurer of such town or
school district. (118.13)
172.12. Need not be covered by bonds. —The funds invested in
such securities and deposited by the town board or school board, as
provided in section 118.13, shall not be included within the amount
of money for which the town treasurer or school treasurer is re-
quired by law to give a bond to the town or school district. (118.14)
423
CHAPTER XXIV.- SPECIAL VILLAGE POWERS
I. —FIRE DEPARTMENT —AID —FIREMEN'S RELIEF.
180.00. Certificate of municipal officer. —On or before Septem-
ber 30; annually, the clerk of every city, village, borough, town or
township having an organized fire department, or a partly paid or
volunteer department, shall file with the commissioner his certifi-
cate stating such fact, that no minor under the age of 18 is so
employed, the system of water supply in use in such department,
the number of its organized companies, steam, hand, or other
engines, hook and ladder trucks, hose carts, and feet of hose in
actual use, and such other facts as the commissioner may require.
Provided, however, that such clerk shall include in such certificate,
the name of each city, village, borough, town or township served
by such fire department under contract. (69.01) [3723, 1944 Supple-
ment]
180.01. Report of premiums —Certificate of commissioner —Re-
turns of insurance premiums. —The commissioner shall include in
the blank form furnished to each fire insurance company for its
annual statement a list of all such cities, villages, boroughs, towns
and townships, and each company shall report therein the amount
of the gross direct premiums, less return premiums, received by it
on all direct business during the preceding year, upon property
located within the corporate limits of such cities, villages, bor-
oughs, towns and townships, upon policies covering loss or damage
by fire, lightning, loss or damage by water to goods and premises
arising from the breakage or leakage of sprinklers. pumps or
other apparatus erected for extinguishing fires, and a report setting
forth the names of all cities, villages, boroughs, towns, and town-
ships furnishing fire protection to other cities, villages, boroughs,
towns, and townships and to what other city, village, borough, town
or township the services are furnished as evidenced by the service
contracts filed with him. The report shall also indicate the city,
village, borough, town or township to which the premium tax
should be allocated. Before July 1 following, the commissioner
shall certify to the state auditor the name of each city, village,
borough, town or township which has had for not less than one
year an organized fire department, and which has been so reported
to him, and the amount of said gross direct premiums, less return
premiums, upon property located within the corporate limits of
such city, village, borough, town or township, and upon property
located within the corporate limits of such other cities, villages,
boroughs, towns and townships as have been certified to the
Commissioner as having service contracts with such first men-
tioned city, village, borough, town or township received by each
fire company upon policies covering loss or damage by fire, light-
ning, extended coverage loss or damage by water to goods and
premises arising from the breakage or leakage of sprinklers, pumps
or other apparatus erected for extinguishing fires, and taxes paid
on account thereof in such year by each company. (69.02)
180.02. Auditor's warrant. —At the end of the fiscal year
the state auditor shall issue and deliver to the treasurer of every
such municipality his warrant for an amount equal to the total
amount of the two per cent tax paid by insurance companies to
424
SPECIAL TOWN POWERS
the state of Minnesota upon premiums received under policies of
the classes of insurance as indicated in section 3343, General
Statutes 1913, as amended, and the same shall be paid out of the
general revenue fund. (69.03)
180.03. Disposition of funds —Firemen's relief. —Such amount
shall be kept as a special fund and disbursed only for the following
purposes:
(1) For the relief of sick, injured or disabled members of
such fire department, their windows and orphans.
(2) For the payment of fees, dues and assessments in the
volunteer firemen's benefit association of Minnesota so as to en-
title the members of any fire department to membership in and
benefits of such state association.
(3) For the payment of such death or funeral benefits as may
be from time to time authorized by such municipality.
But if there shall be a duly incorporated fire department relief
association in such municipality, such amount shall be paid to the
treasurer of said relief association, and by him deposited in the
special fund of said association, and disbursed as other special
funds. (69.04)
180.04. Annual report —Examination of books. —The secretary
and treasurer of every such association shall annually prepare a
detailed report of its receipts and expenditures for the preceding
year, showing to whom and for what purpose the money has been
paid and expended, and, on or before September first, file it with
the clerk of the municipality and a duplicate with the Com-
missioner of Insurance. No money shall be paid to such asso-
ciation until such report is so filed. No one serving as a sub-
stitute or on probation, nor any fireman in a municipality hav-
ing such association who is not a member thereof, nor any minor
under the age of 18, shall be deemed a fireman within the mean-
ing of this subdivision. No treasurer of any such association shall
enter upon his duties until he shall have given to the association
a good and sufficient bond for the faithful discharge of his duty
according to law. All the financial books and accounts of such
association and municipality shall be subject at all times to ex-
amination by the public examiner, and he is hereby authorized and
empowered to make such examination when complaint is duly
made to him that the money, or any part thereof, paid under the
provisions of this chapter to the treasurer of any municipality or
relief association, has been or is being expended for an unauth-
orized purpose, shall so report to the Governor, upon whose di-
rection to the Auditor no further warrants shall be issued to such
municipality until the money so expended has been replaced.
(69.05)
180.041. Minor under 18 not to be employed. —It is unlawful
to employ a minor under the age of 18 as a volunteer fireman or
to permit him to serve with a volunteer fire department.
180.05. Tax for fire department relief fund. — The council
or other governing body of each village and city in this state,
other than cities of the first and second class and other than
any city or village operating under Laws 1935, Chapters 153,
192 and 208, and Laws 1939, Chapter 434, and Laws 1941,
425
SPECIAL TOWN POWERS
Chapter 196, or acts amendatory thereof, which has a regularly
organized fire department, shall each year, at the time the tax
levies are made for the support of the village or city, and in ad-
dition thereto, levy a tax of one -tenth of a mill on all the taxable
property of such village or city. The tax so levied shall be trans-
mitted to the auditor of the county in which the village or city is
situated at the time all other tax levies are transmitted, and shall
be collected and payment thereof enforced. The village or city
treasurer, when the tax is received by him, shall pay the same
over to the treasurer of the duly incorporated firemen's relief asso-
ciation of such village or city, if there is one organized, together
with all penalties and interests collected thereon, but if there is
no firemen's relief association so organized in any such village or
city, or if any such association resign, be removed or has heretofore
resigned or has been removed as trustee of such money, then the
treasurer of such municipality shall keep the money in a special
fund to be disbursed only for the purposes authorized by this act.
Provided, that the council of any village or city in this state which
now has or hereafter may have less than 50,000 inhabitants is here-
by authorized and empowered, when in its discretion it deems it
necessary or desirable so to do, to levy on the taxable property of
such village or city an additional amount not to exceed nine -tenths
of one mill; such additional tax to be collected and disbursed as
herein provided. (424.30)
180.06. Fire department relief fund. —The board of trustees of
every firemen's relief association of this state shall be composed of
the following persons, to -wit: six trustees elected annually by such
firemen's relief association from its own members and also the
following ex officio members taken from the officers of the munici-
pality in which the relief association is located, viz.: The mayor
or president, the recorder or clerk, the treasurer and chief of the
fire department thereof, and any such board of trustees of a duly
incorporated relief association shall have exclusive control and
management of all funds received by its treasurer under the pro-
visions of this act, funds derived from the State of Minnesota, and
all moneys or property donated, given, granted or devised for the
benefit of said funds, and such funds when received shall be kept
in a special fund on the books of the secretary and treasurer of
said association and shall never be disbursed for any purpose
whatever except the following, viz: (1st) For the relief of sick,
injured and disabled members of any fire department in such vil-
lage or city; (2nd) for the payment of pensions to disabled firemen
and the widows and orphans of firemen; (3rd) for the payment of
pensions to retired firemen pursuant to the laws of the state;
(4th) for the payment of the fees, dues and assessments in the
Minnesota State Volunteer Firemen's Benefit Association so as to
entitle the members of any fire department to membership in and
benefits of such state association; (5th) for the payment of such
death or funeral benefits as may be from time to time stipulated
in the by-laws of the respective relief associations; and (6th)
for the payment of necessary expenses of administering said fund
including secretary's and treasurer's salaries.
The term "widow" shall mean a woman who was the wife of
the fireman or pensioner during the time he was an active fireman,
provided that she was married to him three or more years prior
to the time when such fireman retired as a service pensioner. The
426
ARMORIES
term "widow" shall not include the surviving wife who has de-
serted a fireman or pensioner, or who has not been dependent upon
him for support.
Provided, that the funds received by any relief association from
dues, fines, initiation fees and entertainments shall be kept in a
fund called the general fund, and may be disbursed for any pur-
poses authorized by the articles of incorporation and by-laws of
said association. Provided, further, that said relief association is
hereby authorized and empowered to invest its funds in such in-
come paying properties and securities as the council of the village
or city in which such organization is located shall from time to
time authorize. Provided, further, that benefits shall in all cases
be within the limits authorized by state law and in accordance with
the articles of incorporation and by-laws of the association.
(424.31)
180.07. Convention expenses of fire department members. —
The governing body of any village or city of this state, however
organized, may appropriate such reasonable sums of money as it
deems proper to defray the expenses of members of its regularly
organized fire department in attending the state conventions of
the Minnesota State Fire Department Association and/or the
Northwest Fire School. (438.11)
II.—ARMORI ES.
181.00. City or village armory commission. —Whenever a com-
pany or other unit of the guard shall be located in any city or vil-
lage wherein no suitable armory has been provided for its use, the
commanding officer of such company or unit, or if more than one
unit is stationed at such place, then the senior resident line officer
of the national guard organization having at least one company
permanently quartered at such station, the mayor or the president
of the village council, and the city or village treasurer shall con-
stitute an armory commission, with power, in its discretion, to
purchase, erect, or rent a suitable building as such armory, and
to furnish and keep the same in repair, all at the cost of the city
or village. The purchase, erection, or rental of any new armory
under this section shall from and after May 1, 1943, be subject to
the approval of the adjutant general. (193.19)
181.01. Expenditures, how paid. —All expenditures under Sec-
tions 99 and 100 of this act shall be paid as other charges against
the county or municipality are paid, upon itemized vouchers ap-
proved by at least two members of the armory commission; and
all sums so expended, or estimated in advance by the commission
as necessary for the purpose, shall be included in the tax levy and
collected with the other county or municipal taxes; provided, that,
In cities of the first class. no such armory shall be erected or other-
wise required or provided unless the same be recommended by the
armory commission to the council, and such recommendation be
approved. (193.20)
181.021. Definitions. Subdivision 1. For the purpose of this
Act, the terms defined in this section have the meanings ascribed
to to them. Subd. 2. "Municipality" includes city, village, and
427
ARMORIES
borough. Subd. 3. "Corporation" means the Minnesota State Armory
Building Commission created as a corporation. (193.139)
181.022. Construction of armories. Subdivision 1. In any
municipality of this state in which there shall at the time be sta-
tioned one or more units of the National Guard or Naval Militia,
and in which the adjutant general shall deem it necessary or ex-
pedient to construct any armory, an armory may be constructed
and the cost thereof paid as hereinafter provided.
Subd. 2 Whenever the adjutant general shall deem it neces-
sary or expedient that an armory be constructed upon a State
military camping ground, to be used principally by any unit or
units of the National Guard stationed at a municipality in the
vicinity thereof, such armory may be constructed and the cost
thereof paid in the manner hereinafter provided for the construc-
tion of armories in municipalities, and the annual payments there-
after to be made by the State for the maintenance and equipment
of such armory, as authorized by Section 193.35 shall be payable
to the Minnesota State Armory Building Commission without the
necessity of like appropriations by such municipality or any other
party, so long as any bonds issued for the construction of such
armory shall be outstanding. (193.141)
Note: Such corporation shall possess all the powers of a body
corporate necessary and convenient to accomplish the objectives: to
acquire all necessary title to the lands required for a site for a new
armory; to exercise the right of eminent domain; to construct and
equip new amories (The total cost to the corporation of each armory
constructed, including the site, building, and equipment, shall not
exceed $160,000 for a single unit armory and $75,000 for each addi-
tional unit of the National Guard or Naval Militia to be quartered
therein, and the total amount of bonds issued on account of such
armories shall not exceed the amount of the cost thereof; provided
also, that the total bonded indebtedness of the commission shall not
at any time exceed the aggregate sum of $4,500,000); to sue and be
sued; to contract and be contracted with; and to adopt all needful
by-laws, rules and regulations for the conduct of business and affairs
of such corporation and for the management and use of all armories
while under the ownership and control of such corporation as herein
provided, not inconsistent with the use of such armory for armory or
military purposes. (193.143)
181.023 Municipality may provide site. Subdivision 1. Any
municipality desiring to construct a new armory may provide a
site therefor as hereinafter provided.
Subd. 2. If such municipality shall desire to have a new
armory constructed, such municipality may secure by purchase,
gift, or condemnation, and may convey to such corporation, a site
for such new armory approval as suitable therefor by the adjutant
general. In case such site or any part thereof or interest thereiln
is owned or controlled by the board of park commissioners of
such municipality or by any other governmental agency therein
except the state or city, such board or other agency may convey
the same by way of gift or sale to such corporation without charge.
Subd. 3. In case any person or corporation except such city
or board of park commissioners or other governmental agency
hereinbefore referred to shall own any lands required for such site,
whether provided under subdivision 2 or under this section, or
any interest in any such lands which would interfere with the use
thereof by the state for armory or military purposes, such city or
such board of park commissioners or other governmental agency
42R
MUNICIPAL COURT
may acquire such lands or interest by purchase, gift, or condem-
nation and may convey the same by way of gift or sale to such
corporation; provided, that notwithstanding any such outstanding
ownership or interest, such corporation may, in its discretion, with
the approval of the adjutant general, accept a conveyance of such
lands and interests in lands for such site as may be owned or con-
trolled by such municipality, board of park commissioners, or
other governmental agency, and may acquire by purchase, gift, or
condemnation any further lands or interests in lands that may be
required for such site.
Subd. 4. The governing body of such municipality and such
board of park commissioners and any other governmental agency
concerned shall have power to exercise the right of eminent domain
in the manner provided by Minnesota Statutes 1953, Chapter 117,
for the purpose of acquiring any lands or interests in lands auth-
orized to be acquired as aforesaid.
Subd. 6. In case any land acquired for armory site purposes
hereunder has been donated to such corporation by such muni-
cipality or by other governmental agency except the state, and in
case such land or any part thereof shall thereafter not be used or
shall cease to be used for armory purposes for a continuous period
of more than ten years, not including the period of any war or
other emergency in which the armed forces of the state may be
engaged, the title to such unused land or part thereof shall there-
upon pass, revert and be vested in such city or other governmental
agency which donated the same, subject to any encumbrances that
may have been lawfully placed thereon by such corporation or
otherwise. (193.144)
The acts of any municipality which has heretofore acquired by
purchase or otherwise a site for a new armory without express
authority of law, are hereby legalized and validated. (193.144)
III. —MUNICIPAL COURTS.
182.00. Municipal courts in villages. —A court of record to be
known as "the municipal court of "
is hereby established in and for every city, and in, and for every
incorporated village, which has or shall have one thousand (1,000)
inhabitants or more, or which has an assessed valuation of at
least $4,000,000 regardless of population, in which city or village
no municipal court existed at the time of the taking effect of the
Revised Laws of 1905, but no court thus established shall be or-
ganized until the city or village council so determines by a resolu-
tion adopted by a four -fifths majority of its members, and approved
by its mayor or president, providing a suitable place for holding
its sessions, prescribing the number of judges and other officials
thereof, and fixing their compensation; and in case that two judges
shall be prescribed for said court, one thereof may be called the
municipal judge and the other special municipal judge. (488.03)
182.01. Application to existing courts. —By a like resolution,
adopted and approved as specified in §182.00, the council of any
village, or of any second, third or fourth class city, may adopt the
provisions of this subdivision for the future government of the
municipal court of such city or village. Thereupon, said court
429
MUNICIPAL COURT
shall in all things be subject to the provisions hereof; but the
tenure and compensation of the several officers thereof shall not
be curtailed during the terms for which they were chosen, nor
shall any action or proceeding then pending therein be discon-
tinued, nor shall any judgment or decision thereof be affected, by
such change. (488.04)
182.02. Judges —Election —Term —Salary. —The judges of such
courts shall be elected at the regular city or village elections, for
the term of four years, beginning on the first Monday of the month
next following their election, and until their successors qualify.
When a new court is organized more than ninety (90) days prior
to a regular election, the governor shall appoint a judge or judges
thereof to serve until they are elected and qualified, and vacancies
shall be filled by like appointment for the unexpired term. Pro-
vided, that in the absence or disability of the municipal judge and
special municipal judge of such court, if there be one, the mayor
or president of the oouncil may designate a practicing attorney
to sit in place of such municipal judge from day to day. All
municipal judges and special municipal judges shall be men learned
in the law and residents of the city or village. The salary
of each shall be paid monthly by the city or village, and shall be
fixed by resolution adopted by a majority of the council of such
city or village, and approved by the mayor or president and
shall not be diminished during his term. Provided, however,
that where there shall be a municipal judge and a special munici-
pal judge, the special municipal judge shall act only in the
absence or disability of the municipal judge, and receive as
compensation therefore an amount per diem to be fixed and paid
by the council of such city or village; and provided further, that
any such special municipal judge shall not be prohibited from
practicing in said municipal court or in any other court, but he
shall not sit in the trial of any cause or proceeding wherein, he
may be interested, directly or indirectly, as counsel or attorney,
or other wise. * * * (488.05)
182.03. Criminal jurisdiction —Justices of the peace. —No justice
of the peace shall have jurisdiction of offenses committed in any
city or village wherein a municipal court is organized and existing,
but all such offenses otherwise cognizable by a justice shall be
examined and tried by such municipal court, and, all cases arising
under the charter, ordinances, or by-laws of such city or village
shall be tried by said court without a jury. Said court shall have
jurisdiction concurrently with the justices of all offenses com-
mitted elsewhere within the county. (488.09)
182.04. Two judges —Daily sittings —Terms. —Excepting in cases
where the resolution establishing such court provides for a munici-
pal judge, each may exercise all the powers thereof. Each judge
shall see that the laws of the state and the ordinances and by-
laws, of the city or village are obeyed. The court shall be opened
every morning, except on Sundays and holidays, for the hearing
and disposition, summarily, of all complaints made of offenses com-
mitted within the county, of which the court has jurisdiction. A
general term for the trial of civil actions shall be 'held on and
following the first Tuesday of each month, and at such other times
as the court may from time to time prescribe by rule. (488.10)
430
MUNICIPAL COURT
182.05. Clerks and deputies —Process. —The clerk of each mu-
nicipal court, and his deputies, shall be appointed by the judge
thereof, who may remove any of them at pleasure. If there be
two judges, the senior in office shall exercise such power. Every
clerk and deputy shall give bond to the state, in at least the sum
of $1,000.00 to be approved by the appointing judge, conditioned
for the faithful discharge of his official duties, and for the pay-
ment as required by law or by order of the court of all moneys
coming into his hands. All process shall be vested in the name
of the judge, or the senior in office if there are two, be signed by
the clerk, issued under the seal of the court, and be directed for
service to any police officer, court officer, marshal, or constable of
any town, city or village in the county, to the sheriff of the
county, or all of them. No judge or other officer of such municipal
court, excepting the special municipal judge, if any, shall prepare or
draw any pleadings or other papers in any civil actions in said
municipal court, nor shall they institute, for another, any civil
action in such court. (488.11)
Appointment of clerk by judge not subject to approval of village
council. —Op. Atty. Gen., April 8. 1933.
182.06. Clerk to receive and pay over fines, etc. —The clerk
shall receive all fines, deposits, penalties, and other moneys paid
into court, and keep detailed accounts thereof. Upon filing the
weekly reports provided for in § 182.08, he shall pay to the treasurer
all sums then in his hands, except such fees as he is entitled to
retain as part of his compensation. (488.13)
182.07. Clerk —Compensation in certain villages. —In all vil-
lages having a population in excess of 2,600 and an assessed valu-
ation of $3,000,000 or more the clerk of the municipal court shall
be paid such compensation as may be fixed by the council or gov-
erning body of such village; provided, such compensation shall not
be diminished during the term for which such clerk is appointed,
(488.17)
182.08. Weekly report of clerk. —On Monday of each week the
clerk shall file with the treasurer of the city or village a verified
report, showing:
1. The names of all persons convicted in such court during
the preceding week, and the nature of the offense.
2. The fine or other punishment imposed upon each.
3. The amount paid by each, and the amount of cash de-
posited in lieu of bail, since his last report.
4. The total amount of money received from all sources dur-
ing the same period.
5. The names of all persons discharged from jail by order of
the court. (488.12)
182.09. Court officers. —In cities and villages of less than five
thousand (5,000) population, the constable, marshal or chief of
police shall act as officer of the municipal court, serve all papers
thereof placed in his hands, and receive the same fees as are
allowed to constables by law. In cities and villages of five thou-
sand (5,000) population or more, the mayor or president shall
431
MUNICIPAL COURT
appoint one or more (not exceeding three) court officers, who shall
also have the power and authority of policemen, receive the same
pay as other policemen, and shall give bond to the city or village,
for the use of all persons interested, to be approved by the council
of such city or village and conditioned for the faithful performance
of their duties as such. Their fees shall be collected by the clerk
and ,paid into the treasury of the city or village, except where no
salary is allowed them. Court officers shall attend the sessions of
the court and perform all duties in connection therewith, when
ordered by the court. (488.14)
182.10. Reporter —Duties —Fees, etc. —In cities of the second
class, and elsewhere when the appointment and compensation of
a reporter is provided for by resolution of the council, the judge
may employ a shorthand reporter of its proceedings, and may dis-
miss him at pleasure. When requested by a party, the reporter
shall make and furnish a transcript in longhand of the whole or
any part of the testimony taken, or of any proceeding in court,
upon being paid therefor such sum per folio as the court, by its
rules, shall prescribe. And when so directed by the judge, he shall
furnish such copy for the judge's use, and act as a referee to take
and report testimony, without compensation other than his salary.
(488.15)
182.11. Powers and duties —Practice —Rules —Fees. —Except as
otherwise provided by this chapter, the municipal court and the
judges and clerks thereof, shall have in matters within its juris-
diction, all the powers and duties of judges and clerks of the dis-
trict court in like cases, and the procedure and practice therein
shall be the same. In garnishment, however, the nunimum of in-
debtedness and recovery shall be the same as in the justices' courts.
The court may make and alter rules for the conduct of its business,
and prescribe therein forms of process and procedure, conformably
to the law. The fees of the clerk of each municipal court and of
officers serving process and papers therein, shall be the same as
are allowed by law to the like officers of the district court of
the same county. If such officers are paid a salary in lieu of
fees, they shall nevertheless collect such fees and pay the same
into the city or village treasury, and shall be responsible for such
collection. Where, in any county of this state there are two or
more municipal courts having jurisdictions throughout said county,
whether they be created or established under chapter five (5),
Revised Laws of Minnesota for 1905, or by any other general or
apecial law, the defendant in any civil action begun in any one
of said courts may have a change of venue therefrom to the mu-
nicipal court in said county nearest his place of residence, by filing
with the clerk of the municipal court, in which such action may
be begun, an affidavit, by himself, his agent or attorney, stating
definitely his place of residence, and the location of the nearest
municipal court thereto in said county, accompa.nied by a demand
for such change of venue, not less than three (3) days before the
opening day of the term of such municipal court at which such
action may be noticed for trial. (488.16)
182.12. Oaths and bonds. —The oaths, and bonds when required,
after their approval, of all judges and clerks of municipal courts,
432
BUILDING REGULATION
whether organized under special or general law, shall hereafter be
filed with the secretary of state. They shall be in such form as the
attorney general shall prescribe. (488.02)
IV. —BUILDING REGULATION -PLANNING
Note: Town Zoning see §1.16, etc.
184.00. Village may regulate location, size, etc., of buildings. —
For the purpose of promoting health, safety, order, convenience,
prosperity, and general welfare, any city of the third, or fourth
class or any village in this state, acting by or through its gov-
erning body, may by ordinance regulate the location, size, use
and height of buildings, the arrangement of buildings on lots, and
the density of population within such city or village; may make
different regulations for different districts thereof; and may ac-
quire or prepare and adopt a comprehensive plan for the future
physical development and improvement of such city or village, in
accordance with the regulations made as aforesaid, and may there-
after alter said regulations or plan, such alterations, however,
to be made only by a two-thirds vote of all the members of the
governing body of such city or village. Provided that after the
adoption of an ordinance hereunder and within ten days after its
publication such ordinance may be suspended in effect upon the
filing of a petition signed by resident freeholders of the munici-
pality in a number equal to not less than ten per cent of the
legal voters of the municipality requesting that the question of
permitting the council to zone the city to be submitted to the
electors at a general or special election, and the said ordinances
shall not again become effective until a majority of the electors
voting on the question approve the proposition permitting the
governing body to zone the municipality. (462.01)
184.01. Village Ordinances. —The governing body of any such
city or village is hereby authorized to pass ordinances for the en-
forcement of the provisions of this act and of the regulations of the
governing body under this act, and to provide, in and by such
ordinances, penalties for the violation thereof. Such governing body
is also hereby authorized to enforce its regulations under this act
by mandamus, injunction, or any other appropriate remedy in any
court having jurisdiction thereof. (462.02)
184.02. Planning commission. —In any such city or village hav-
ing a planning commission, the provisions of this act shall be con-
strued as an addition to existing powers and not as an amendment
to or a repeal thereof, and the governing body may adopt a plan
or plans prepared by such planning commission. (462.03)
Chapter 367, Laws 1937, provides that any city or village may
by ordinance prescribe rules and regulations for materials, con-
struction and inspection of high pressure steam fitting.
Chapter 370, Laws 1937, provides that in cities or villages now
or hereafter having 5,000 or more population the State Board of
Health shall prescribe by regulation minimum standards for all
new plumbing installation including additions, extensions, alterations
and replacement. The law is long and amends Chapter 349, Laws
1933 in many respects. License is required.
See Index —"Zoning".
185.00. Licensing plumbers. —Any city or village having a system
433
BUILDING REGULATION
of water works or sewerage, may, by ordinance, adopt local regula-
tions providing for plumbing permits, bonds, approval of plans,
and inspections of plumbing, which regulations are not in conflict
with the plumbing standards on the same subject prescribed by the
State Board of Health. But no city or village shall prohibit plumb-
ers licensed by the State Board of Health from engaging in or
working at the business, except cities and villages which prior to
April 21, 1933, by ordinance required the licensing of plumbers.
(326.38)
185.01. Same. —In any city or village now or hereafter having
5,000 or more population, according to the last federal or state
census, and having a system of water works or sewerage, no
person, firm or corporation shall engage in or work at the busi-
ness of a master plumber or journeyman plumber unless licensed
to do so by the State Board of Health. A master plumber may
also work as a journeyman plumber. Provided, that anyone not
so licensed may do plumbing work which complies with the pro-
visions of the minimum standard prescribed by the State Board
of Health on premises or that part of premises owned and actually
occupied by him as his residence, unless otherwise forbidden to
do so by a local ordinance.
In any such city or village no person, firm or corporation
shall engage in the business of installing plumbing nor install
plumbing In connection with the dealing in and selling of plumb-
ing material and supplies unless at all times a licensed master
plumber, who shall be responsible for proper installation, is in
charge of the plumbing work of such persons, firm or corporation.
(326.40)
185.02. Joint exercise of powers. —Two or more governmental
units, by agreement entered into through action of their governing
bodies, may jointly or cooperatively exercise any power common
to the contracting parties of any similar powers, including those
which are the same except for the territorial limits within which
they may be exercised. The term "governmental unit" as used in
this section includes every city, village, borough, county, town,
school district, and other political subdivision.
Such agreement shall state the purpose of the agreementor
the power to be exercised and it shall provide for the method by
which the purpose sought shall be accomplished or the manner
in which the power shall be exercised.
The parties to such agreement may provide for disbursements
from public funds to carry out the purposes of the agreement.
Funds may be paid to and disbursed by such agency as may be
agreed upon, but the method of disbursement shall agree as far
as practicable with the method provided by law for the disburse-
ment of funds by the parties to the agreement. Strict account-
ability of all funds and report of all receipts and disbursements
shall be provided for.
Such agreement may be continued for a definite term or until
rescinded or terminated in accordance with its terms.
Such agreement shall provide for the disposition of any
property acquired as the result of such joint or cooperative
exercise of powers, and the return of any surplus moneys in pro-
434
BUILDING REGULATION
portion to contributions of the several contracting parties after
the purpose of the agreement has been completed.
Residence requirements for holding office in any governmental
unit shall not apply to any officer appointed to carry out any
such agreement.
This section does not dispense with procedure requirements
of any other act providing for the joint or cooperative exercise
of any governmental power. (471.59)
435
CHAPTER XXIII.
PUBLIC PLAYGROUNDS, RECREATION AND MISCELLANEOUS
186.01. May operate. —Any city, or any village, borough, town,
county, school district, or any board thereof, or any incorporated
part of the American Legion or any other incorporated veterans
organization may operate a program of public recreation and play-
grounds; acquire, equip and maintain land, buildings or other
recreational facilities including an outdoor or indoor swimming
pool; and expend funds for the operation of such program pursuant
to the provisions of 471.15-.19. Any such city, village, borough town,
county or school district may issue bonds pursuant to Minnesota
Statutes, Chapter 475 for the purpose of carrying out the powers
granted by this section. (471.15)
186.02. May operate in cooperation. —Any city, however organ-
ized, or any village, borough, town, county, school district, or any
board thereof, or any incorporated post of the American Legion or
any other incorporated veterans' organization, may operate such a
program independently, or they may cooperate in its conduct and
in any manner in which they may mutually agree; or they may
delegate the operation of the program to a recreation board created
by one or more of them, and appropriate money voted for this
purpose to such board. In the case of school districts the right to
enter into such agreements with any other public corporation,
board, or body, or the right to delegate power to a board for op-
erating a program of recreation, shall be authorized only by a
majority vote cast at an annual school election. (471.16)
186.03. Authority to conduct activities. —Any corporation,
board, or body hereinbefore designated, given charge of the recrea-
tion program is authorized to conduct its activities on
(1) property under its custody and management;
(2) other public property under the custody of any other
public corporation, body, or board, with the consent of such corpor-
ations, bodies, or boards;
(3) private property, with the consent of its owners; and
(4) shall have authority to accept gifts and bequests for the
benefit of the recreational service and employ directors and in-
structors of recreational work. (471.17)
186.04. State board shall establish. —In all cases where school
funds or property are utilized, the state board of education shall:
(1) Establish minimum qualifications of local recreational
directors and instructors;
(2) Prepare or cause to be prepared, published and distribut-
ed adequate and appropriate manuals and other materials as it nay
deem necessary or suitable to carry out the provisions of this act.
(471.18)
186.05. Facilities of school district. —The facilities of any
school district, operating a recreation program pursuant to the pro-
visions of this act, shall be used primarily for the purpose of con-
ducting the regular school curriculum and related activities, and
the use of school facilities for recreation purposes authorized by
this act shall be secondary. (471.19)
436
CHAPTER XXIV. - PUBLIC EMPLOYEES
I RETIREMENT
190.00. Definitions.—Subd. 1. Words, terms, and phrases. Un-
less the language or context clearly indicates that a different
meaning is intended, the following words, terms, and phrases, for
the purposes of this chapter, shall be given the meanings sub-
joined to them.
Subd. 2. Public employee. "Public employee" means any
person performing personal services for a governmental subdivi-
sion as an officer or employee, whose salary is paid, in whole or
in part, through taxation, or by fees, assessments, or other reve-
nue accruing to such governmental subdivision. The term "public
employee" shall also mean any person serving as an elected mem-
ber of the legislature of the State of Minnesota, or any person
serving as the chief clerk of the house of representatives or
secretary of the senate of the state of Minnesota and any officer or
employee of the public employees retirement association or any
employee of the league of Minnesota Municipalities.
(2) "Public employee" does not mean
(a) persons employed for professional services where
such service is incidental to regular professional
duties and whose compensation is paid or a par diem
basis;
(b) election officers;
(c) persons engaged in public work for the governmental
subdivision but employed by contractors where the
performance of such contract is authorized by com-
petent authority;
(d) patient and inmate help in governmental subdivision
charitable, penal and correctional institutions;
(e) members of boards, commissions, volunteer fire de-
partments, bands and others who serve the govern-
mental subdivisions intermittently and are paid on a
per diem per meeting or per fire basis;
(f) temporary, emergency and seasonal employees as de-
fined by rules prescribed by the retirement board;
(g) public employees who by virtue of their employment
are required to contribute to any other pension relief
or retirement fund established for the benefit of
officers and employees of a governmental subdivision.
Subd. 3. Head of department. "Head of department" means
the head of any department, institution, office, or branch of service
of any governmental subdivision which directly pays salaries out
of its revenue or is empowered to authorize the payment of such
salaries.
Subd. 4. Accumulated deductions. "Accumulated deductions"
means the total of the amounts deducted from the salary of a mem-
ber and the total amount of assessments paid by a member in lieu
of such deductions and credited to his individual account in the re-
tirement fund, without interest.
437
PUBLIC EMPLOYEES' RETIREMENT
Subd. 5. The retirement fund. "The retirement fund" means
and includes the aggregate of all accumulated deductions from the
salaries of members of the retirement association, all assessments
paid by such members in lieu of such deductions, and all other
moneys paid into the state treasury or received by the retirement
board pursuant to the provisions of this chapter, together with all
income and profits therefrom and interest thereon.
Subd. 6. Governmental subdivision. "Governmental subdivi-
sion" means a county, city, village, borough, town or a school dis-
trict within this state.
Subd. 7. "Member" means a member of the public employees
retirement association and "membership" means membership
therein.
Subd. 10. Salary. "Salary" means the periodical compensation
of any public employee and also means "wages" and, in case of
officers elected to a fee office, includes the term "fees."
Subd. 11. "Public service" means service as an officer or em-
ployee of the state or of a governmental subdivision.
Subd. 14. "Actuarial equivalent" means the annual amount
determined by calculations based on mortality tables, purchasable
with a given amount at a stated age.
Subd. 15. "Dependent child" means any natural or adopted
child of a deceased member under the age of 18, unmarried and
actually dependent for his support upon such member.
Subd. 16. "Allowable service" means:
(1) Any service rendered by a public employee for which on or
before June 30, 1958 he received credit to his account in the re-
tirement fund by reason of employee contributions in the form
of deductions from salary or otherwise as authorized by Minnesota
Statutes 1953, Chapter 353, as amended by Laws 1955, Chapter
815, or
(2) Any service rendered by a public employee for which on
or before June 30, 1958, he elected to obtain credit for service by
making payments to the fund pursuant to Minnesota Stautes
1953, Chapter 353, as amended by Laws 1955, Chapter 815 in the
manner agreed upon with the retirement board or
(3) Any service rendered by a public employee after July 1,
1957 for any calendar month when the member receives salary the
member receives salary from which deductions are made, deposited
and credited in the fund, or
(4) Any service rendered by a person after July 1, 1957 for
any calendar month where payments in lieu of salary deductions
are made, deposited and credited into the fund, as provided in sec-
tion 20.
Subd. 17. "Approved actuary" means any actuary who is a
fellow of the society of actuaries or who has at least 15 years of
service to major public employee funds or any firm retaining such
an actuary on its staff. (353.01)
190.01. Retirement association continued.
Subd. 1. The public employee retirement association created
by Laws 1931, Chapter 307 as amended by is confirmed and con-
tinued. The credited allowable service in the association shall con-
438
PUBLIC EMPLOYEES' RETIREMENT
sist only of public employees. Except as provided in this subdivision,
any person who was a member of the association on June 30, 1957
shall continue his membership with the association. Any member
over 60 years of age on June 30, 1957 with less than six years of
membership is ineligible for further membership. The retirement
board shall refund to such person his accumulated deductions on
deposit with the fund after retaining for payment to the federal
government such employee's share of the social security taxes
retroactive to January 1956 if any.
Subd. 2. Eligible to membership. Except as provided in this
subdivision, every new public employee after June 30, 1957, en-
tering the service of any governmental subdivision, except per-
sons specially excluded, shall become a member of the association
by the acceptance of such employment. Acceptance of employment
is deemed consent to have deductions made from salary for deposit
to the credit of the members account in the fund. Any new public
employee over the age of 55 shall not be eligible to become a mem-
ber unless he has accmulated deductions on deposit with the fund
for a number of prior years equal to the number of years his age is
greater than 55.
Subd. 3. Option. Any elected public officer or any person
appointed to fill a vacancy in an elective office within any govern-
mental subdivision shall have the right to exercise an option to
become a member, but such option, once exercised, may not be
withdrawn during the incumbency of such person in office. Such
person may exercise this option by filing a request with the retire-
ment board within six months from the date he took office. (353.02)
Subd. 4. Employees of all government subdivisions. Any pub-
lic employee made ineligible for membership in the association by
the terms of this section, shall be eligible for membership after
January 1, 1958, if on that date, such employee is not covered by
the provisions of the federal social security act as a governmental
employee. In that event, membership shall be retroactive to July 1,
1957.
Such public employee shall pay to the fund an amount equal to
six percent of his monthly salary as a public employee not exceed-
ing $400 per month for such retroactive coverage. He shall also
repay to the fund any refundments paid to him pursuant to sub-
division 1. In addition to these payments, he shall pay interest at
the rate of four percent per annum compounded annually. The
matching employer contribution and additional contribution shall
be paid by the governmental subdivision employing such person.
(325.26)
190.02. Board of Directors. —The management of the public
employees' retirement fund is hereby vested in a board of twelve
members who shall be known as the public employees' retirement
board. The board shall consist of the state auditor, the state
insurance commissioner, the state treasurer, and nine other persons
who shall be elected from the membership by the members of the
retirement association at a time and in a manner to be fixed by the
retirement board. The members of the board so elected shall hold
office for a term of three years and until their successors are
elected and qualifled. Present members of the retirement board
shall serve for the terms for which they were elected. The members
of the retirement board, members of any authorized committee of
439
PUBLIC EMPLOYES RETIREMENT
the association shall serve without compensation, but shall be
reimbursed out of the retirement fund for expenses actually and
necessarily paid or incurred in the performance of their duties,
and shall suffer no loss of salary or wages through service on the
board or on any authorized committee of said retirement associa-
tion. The board shall elect a chairman and appoint a secretary
and such other employees as may be necessary and fix their
compensation. The board shall from time to time, subject to the
limitations of this chapter and of the law, establish rules and
regulations for the administration of the retirement and other
provisions of this chapter and for the transaction of its business.
The legal custodian of public buildings within the state shall as
soon as practicable make provision for suitable office space in
the state capitol or other state office buildings for the use of the
retirement board and its secretary. (353.03)
190.03. Retirement fund. —Subdivision 1. There is a special
fund known as the "Public Employees Retirement Fund." In that
fund there shall be deposited employee contributions, employers'
contributions and other amounts authorized by law including
amounts in the fund when this act takes effect. From this fund
there is appropriated the payments authorized by this chapter in
the amounts, in the manner and at such time, provided herein.
Subd. 2. The employee contribution to the fund shall be an
amount equal to six percent of the salary of every member. This
contribution shall be made by deduction from salary in the man-
ner provided in subdivision 4. No deduction shall be made from
any salary in excess of $4,800 in any calendar year. Where any
portion of a member's salary is paid from other than public
funds, such member's employee contribution shall be based on
the entire salary received limited to $4,800 in any calendar year.
Subd. 3. The employer contribution to the fund shall be an
amount equal to four percent of the salary of each member not ex-
ceeding $4,800 in any calendar year for the period commencing
July 1, 1956 to June 30, 1957, five percent for the following 12
month period and six percent thereafter. This contribution shall be
made in the manner provided in section 8.
Subd. 4. The head of each department of the various govern-
mental subdivisions is hereby directed to cause employee con-
tributions to be deducted at least once each month from the salary
of each member and to issue or approve one voucher payable to
the state treasurer for the aggregate amount so deducted from
such salaries and to cause the same to be remitted within 15
days thereafter to the secretary of the retirement board together
with a statement showing the amount of each of such deductions,
the amount of salaries from which such deductions have been made
and the names of the public employees on whose accounts the
same have been made. Such statement may be furnished in the
form of a carbon or duplicate copy of departmental payroll
abstracts and if not submitted in such form, the head of each de-
partment is hereby required to furnish the secretary of the re-
tirement board with a carbon or duplicate copy of his departmental
payroll abstract for the first pay period during the months of
January and July, respectively, in each year and it shall be the
duty of said secretary to check the copies of all such payroll ab-
stracts against the membership records so as to ascertain whether
440
PUBLIC EMPLOYEES' RETIREMENT
or not any ommissions have been made by the several department
heads in the reporting of any new public employees, as required
by section 353.07. Upon notice from the secretary of omission of a
deduction from the salary of a public employee, the head of the
department shall deduct the amount of the omitted salary deduc-
tion from the next salary of the public employee and forthwth
remit it to the secretary. All remittances so received by the sec-
retary of the retirement board shall be promptly deposited with
the state treasurer. Deductions from the salary of a district court
reporter in a judicial district consisting of two or more counties
shall be made by the auditor of the county in which the bond and
official oath of such district court reporter are filed from the por-
tion of his salary paid by such county.
Subd. 5. An additional •contribution shall be made to the fund
based on two and one-half percent of the salary of each member
not to exceed $4,800 in any calendar year for the purpose of
amortizing the deficit in the fund. This contribution shall be made
from funds available to the employing subdivision in the manner
provided in section 8. This subdivision takes effect July 1, 1959.
Subd. 6. All contributions shall be credited to a fund and all
interest and other income from the association shall be credited to
said fund. The retirement fund shall be disbursed only for the
purposes herein provided. The expenses of said association and
the annuities herein provided upon retirement shall be paid only
from said fund.
Subd. 7. (1) Any deductions taken from the salary of an em-
ployee for the retirement fund in error shall, upon discovery
and verification by the department malting the deduction, be
refunded to the employee.
(2) In the event a salary warrant or check from which a de-
duction for the retirement fund was taken has been canceled or
the amount of the warrant or check returned to the funds of
the department making the payment, a refundment of the sum so
deducted, or any portion of it as is required to adjust the deduc-
tions, shall bemade to the department or institution provided
application for it is made on a form furnished by the retirement
board. The department's payments shall be refunded to the depart-
ment if the amount of the required adjustment is more than $1.00.
(353.27)
190.04. Contributions to retirement fund. —Subdivision 1. After
July 1, 1957, each governmental subdivision shall secure its em-
ployer contributions and its contributions to amortize the deficit in
the retirement fund from the sources and by the means provided
in this section. Each governmental subdivision shall pay these
taxes or other revenue of the government subdivision as its obliga-
contributions to the retirement fund out of moneys collected from
tion for all members employed by such subdivision and these con-
tributions shall be charged as administrative costs.
.Subd. 2. Not later than September 30 of each year beginning
with 1957 the total amount due from each governmental subdivision
shall be determined by the retirement board and certified by the
secretary or an authorized officer of the 'board to each govern-
mental subdivision affected by this sectiond. This certification
covers a period of 12 months ending on June 30 immediately pre-
441
PUBLIC EMPLOYEES' RETIREMENT
ceding. A duplicate copy of the certification shall be forwarded to
the county auditor.
Subd. 3. If the governmental subdivision fails to include the
amount so certified in its levy for the year in which the certifica-
tion is required to be made, the county auditor shall levy in that
year upon all taxable property within the governmental subdivision
a tax in the amount so certified, which is to be added to the levy
of the governmental subdivision. This tax shall be levied, collected
and apportioned in the manner other taxes are levied, collected,
and apportioned. The proceeds of any taxes levied under this sub-
division shall be remitted directly to the association.
Subd. 4. The association shall deposit these proceeds in the
retirement fund to the credit of the governmental subdivision.
When payments are to be made by a governmental subdivision
from revenues other than revenues derived from taxes, the govern-
mental subdivision shall notify the county auditor of that fact and
the county auditor shall thereupon reduce the levy accordingly.
For the express purposes of this section, the payment of all such
contributory share of retirement cost is hereby made an obligation
of the governmental subdivision concerned in the proportion and
to the extent provided.
Subd. 5. In the event any governmental subdivision fails or
neglects to pay into the retirement fund in full the amount proper-
ly certified by the board, through failure to collect the full amount,
the deficiency shall be added to the next levy made by the govern-
mental subdivision but no interest shall accure on the delinquent
payment.
Subd. 6. If the taxes authorized to be levied under this section
cause the total amount of taxes levied to exceed any limitation
upon the power of a county, city, village, borough, town, or school
district to levy taxes, the governmental subdivision concerned may
levy taxes in excess of the limitation in such amount as is neces-
sary to meet its obligations under this section. The expenditures
authorized to be made under this chapter by any municipality are
not included in computing the cost of government as deflned in
any home rule charter of any muncipality affected by this chapter.
Subd. 7. The governing body of any governmental subdivision
affected by this chapter may make contributions to the retirement
fund of the retirement association from moneys derived from
revenues other than general taxes. The use of these contributions
by the retirement association may be limited to certain spcific
purposes and these limitations are binding upon the retirement
association. The retirement board may refuse to accept any con-
ditional contribution.
Subd. 8. For the purposes of this section only, the state of
Minnesota is considered a governmental subdivision and assumes
a liability with respect to legislative officers who are members for
any year for which a certification may be made pursuant to the
provisions of this section. The certification in such case shall be
made to the state auditor who shall include the same as an item
in the budget of his offce for presentation to the legislature for
appropriate action at the next succeeding biennial session. (353.28)
190.06. Retirement benefits after separation from services. —
Subdivision 1. After separation from public service any person who
4t2
PUBLIC EMPLOYEES' RETIREMENT
has attained the age of at least 65 years and who received credit
for not less than ten years allowable service as a member of the
association, or any person who has attained the age of at least 58
years and who received credit for of less than 20 years allowable
service of which at least ten years are as a member of the associa-
tion, is entitled upon application to a retirement benefit.
Subd. 2. The retirement annuity hereunder shall be computed
in aocordance with the applicable provisions of the formula stated
in subdivision 3, hereof, on the basis of each member's average
salary for the period of his allowable service.
(a) For years prior to July 1, 1957, "average salary" for the
purpose of determining a member's retirement annuity means the
amount equivalent to the average of his highest salary upon which
deductions were based for any five consecutive years prior to that
date;
(b) For each year subsequent to June 30, 1957, "average sal-
ary" of a member for the purpose of determnng his retirement an-
nuity means his salary not exceeding in any one year $4,800 and
for which he had made contribution to the retirement fund by pay-
roll deduction.
Subd. 3. The average salary, as defined in subdivision 2 (a)
and (b), of any member multiplied by the applicable percentages
indicated below shall determine the amount of the annuity to
which the member qualifying therefor is entitled:
Years of Allowable Service:
(a) First ten years
(b) Second ten years or complet-
ed months of service less
than such period
(c) Third ten years or completed
months of service less than
such period
(d) Subsequent years or com-
pleted months of service less
than such period
Percentages at the Rate of:
1 per cent per year of service
2 per cent per year of service
2% per cent per year of service
3 per cent per year of service
Subd. 4. Retirement may be made upon application of the
member or of some one acting in his behalf, or in the case of an
employee In active service, upon the application of the head of the
department in which the member is employed.
Subd. 5. Each member shall fix in his application for an
annuity a date for retirement under this act. This date cannot be
less than 30 days nor more than 60 days after filing said applica-
tion. Such application may be filed in the office of the association
not less than 30 days nor more than 60 days prior to the last day
for which the member will receive salary. In no event shall an ap-
plication for an annuity be filed prior to the time the member is
eligible to retire by reason of both age and service requirements
of this act. Upon proof in the form of a certificate signed by a
licensed medical practioner certifying to the satisfaction of the
board that a member is no longer able to continue in state service
because of physical or mental disability, the retirement board shall
waive the 30-day waiting period for fixing the date of retirement.
Nothing in this subdivision alters any requirements relative to the
443
PUBLIC EMPLOYEES' RETIREMENT
effective date of an election to take an annuity which provides for
payments to a surviving spouse.
If application for the retirement benefit is received at the
office of the association within 30 days from the date salary ceases,
the first payment shall be prorated for any fraction of a calendar
month elapsing after the date salary ceases, but no retirement
allowance shall commence prior to the date through which the
member is paid for any accumulation leave, whether payment is
made in a lump sum or otherwise. A retirement benefit shall cease
upon the last payment received by the retired employee during his
lifetime unless the retired employee elected an optional annuity.
(353.29)
190.06. Annuities upon retirement. —Subdivision 1. Where any
member retires prior to age 65, he shall be paid an annuity which
is the acturial equivalent of the annuity provided at age 65, sec-
tion 9. The retirement board shall determine the amount of such
annuity by submitting the qualifications of such person to an
approved actuary and receiving a written recommendation from
the actuary. This recommendation and the board's determination
shall be a part of the permanent records of the board.
Subd. 2. Where any member retires after age 65, he shall be
paid an annuity determined in a manner provided in section 9.
(¢190.05 above)
Subd. 3. The retirement board shall establish optional an-
nuities at retirement which shall take the form of an annuity pay-
able for a period certain and for life thereafter; or as a joint and
survivor annuity. Such optional forms shall be actuarially equiv-
alent to the forms provided in section 9 and 10 (¢190.06). In
establishing those optional forms the board shall obtain the written
recommendation of an approved actuary and those recommenda-
tions shall be a part of the permanent records of the board.
(353.30)
190.07. Surviving spouse and children beneflts.—Subdivision 1.
Upon the death of a member before retirement who has had at
least 18 months of credited allowable service, his surviving spouse
and dependent children under the age of 18 shall receive the
monthly benefit provided below.
(a) Surviving spouse, $65 per month.
(b) Each dependent child, $45 per month.
In addition to the amounts provided in (a) and (b) hereof,
$20 per month shall be paid to be divided equally among the de-
pendent children. Payments for the benefit of any dependent child
under the age of 18 years shall be made to the surviving parent, or
if there be none, to the legal guardian of such child. The maximum
benefit shall not exceed $200 for any one family. The surviving
spouse benefit shall terminate upon his or her remarriage, and
the dependent children's benefit shall be reduced pro tanto when
any child is no longer dependent.
Subd. 2. Upon the death of a member before retirement who
has had at least 20 years of credited allowable service, his surviv-
ing spouse shall be paid a deferred annuity in an amount equal
to 75 percent of the members .annuity computed on the basis pro-
vided in sections 9 and 10 not to exceed $150 per month. This an-
nuity shall be paid when such surviving spouse reaches the age
444
PUBLIC EMPLOYEES' RETIREMENT
of 62 and shall terminate upon remarriage. The surviving spouse
has the option, if qualified, to receive the benefits provided in sub-
divisions 1 or 2 but not both.
Subd. 3. Where an annuitant dies after his retirement or after
he has qualified for disability benefits, there shall be paid to his
beneficiary or legal representative as the case may be, an amount
equal to the annuity for the entire month in which death occurs
plus a lamp sum of $250, if no optional or reversionaty annuity
was designated by the member. (353.31)
190.08. Refundment to beneficiary. —Sec. 12. Subdivision 1.
Where a member dies before retirement and no survivors benefit,
optional annuity, or reversionary annuity is payable as provided
here -in, a refundment shall be paid to his beneficiary in an amount
equal to his accumulated deductions plus interest thereon at the
rate of two percent per annum compounded annually.
Subd. 2. If a member or former member dies without having
designated a beneficiary or if the beneficiary should die before
making application for refundment and if there is no surviving
spouse, and if the legal representative of such member or former
member does not apply for refundment within five years from the
date of death of the member or former member, the accumulated
deductions to his credit at the time of death shall be credited to
and become a part of the retirement fund.
Subd. 3. If a member or former member dies without having
designated a beneficiary, or if the beneficiary should die before
making application for refundment of the sum to the credit of
such deceased member or former member, and the amount of the
refundment is $500 or less, the retirement board may 90 days
after the date of death of the member or former member in the
absence of probate proceedings make payment to the surviving
spouse of the deceased member or former member, or, if none, to
the next of kin under the laws of descent of the state of Minne-
sota and such payment shall be a bar to recovery by any other
person or persons. Any retirement allowance or annuity which
shall have accrued at the time of death of an annuity may be paid
in like manner.
Subd. 3. The beneficiary or surviving spouse of any deceased
member or former member entitled to receive a refundment as
provided in this act shall have the option of having the amount
due him paid in monthly installments in such amounts as may
be agreed upon with the retirement board. (353.32)
190.09. Permanent disability benefits. —Subdivision 1. Where
any member becomes totally and permanently disabled after 10
years of credited allowable service or after age 50 whichever is
sooner he shall be entitled to a disability benefit in an amount
provided in subdivision 2. If such disabled person's public service
has terminated at any time, at least five of the required ten years
of credited allowable service must have been rendered after last
becoming a member. If a disabled person receives disability bene-
fits under the provisions of the federal Social Security Act, his
benefits computed under subdivision 2 of this act shall be reduced
by the amount of disability benefits paid under the federal act. A
total and permanent disability for the purposes of this act is one
which results from some impairment of mind or body that sub-
445
PUBLIC EMPLOYEES' RETIREMENT
stantially precludes a person from performing with reasonable
regularity the substantial and material parts of any gainful
work or occupation that he would be competent to perform were it
not for that impairment, whose impairment is founded upon condi-
tions which render it reasonably certain that it will continue
indefinitely.
Subd. 2. If written application for disability benefit has not
been filed with the board within 90 days from the commencement
of disability, the annuity shall begin to accrue as of the day 30
days prior to the receipt of such application. If salary is being re-
ceived for either annual or sick leave during said 30-day period;
payments shall accrue from the date salary ceases. This benefit
shall begin to accrue upon the expiration of 90 days following the
commencement of disability unless the member is receiving salary
for either annual or sick leave for a period of more than 90 days
in which event payment shall accrue from the date salary ceased.
This disability benefit is an amount equal to the normal annuity
based on his age when disabled provided in sections 9 and 10 plus
a supplementary annuity computed in accordance with the follow-
ing table:
Age when Supplementary
Disabled Annuity
Under 56 $50
56 45
57 40
58 35
59 30
60 25
61 20
62 15
63 10
64 5
Subd. 3. A member shall be considered totally and permanent-
ly disabled after the board has received written certification by
at least two licensed physicians selected by the board, that the
member is totally and likely to be permanently disabled for the
further performance of the duties of any assigned position in the
service of the employer, and upon consideration of the report of
such physicians and such other evidence as shall have been pre-
sented to it by the member or others interested therein, the board
finds the member to be totally and permanently disabled, it shall
grant him a disability allowance upon written certification from
the employer that the member has been separated from the serv-
ice of the employer because of total disability of such nature as to
reasonably prevent further service for the employer, and as a
consequence is not entitled to compensation from the employer.
The fact an employee is placed on leave of absence without com-
pensation because of disability shall not bar him from receiving a
disability allowance. Any person receiving a disability benefit shall
not be required to undergo a medical examination after reaching
the age of 65.
Subd. 4. The disability benefit shall be reduced by any
amounts received or receivable by a member from the employer
under applicable workman's laws.
Subd. 5. At least once each year during the first five years
446
PUBLIC EMPLOYEES' RETIREMENT
following the allowance of a disability annuity to any member,
and at least once in every three-year period thereafter, the board
shall require the disability annuitant to undergo a medical ex-
amination to be made at the place of residence of the annuitant, or
at any other place mutually agreed upon, by a physician or
physicians engaged by the board. If any examination indicates that
he is no longer physically or mentally incapacitated for service,
or that he is engaged or is able to engage in a gainful 000upation,
payments of the disability benefit by the fund shall be discontinued
as soon as he is reinstated to the payroll following sick leave, but
in no case shall payment be made for more than 60 days after
physicians engaged by the board find the annuitant is no longer in-
capacitated for service.
Subd. 6. Should such disabled annuitant resume a gainful oc-
cupation and his earnings are less than his salary at the date of
disability or the salary currently paid for similar positions, the
board shall continue the disability benefit in an amount which
when added to such earnings does not exceed his salary at the date
of disability or the salary currently paid for similar positions
whichever is lower.
Subd. 7. Should any such disabled annuitant refuse to submit
to a medical examination as herein provided, payments by the
fund shall be discontinued, and all rights of the member In any
disability annuity shall be revoked by the board.
Subd. 8. Any disabled annuitant who is restored to active
service shall have deductions taken for the retirement fund and
upon subsequent retirement have his retirement allowance based
upon all allowable service including that upon which the disability
allowance was based. No person shall be entitled to receive dis-
ability benefits and retirement benefits at the same time. (353.33)
190.10. Terminating public service. —Subdivision 1. Any mem-
ber who ceases to be a public employee by reason of termination
of public service, shall be entitled to a refundment provided in
subdivision 2, or a deferred retirement annuity as provided in sub-
division 3. Application for refundment may be made no sooner than
90 days after the termination of public service if the applicant has
not again become a public employee.
Subd. 2. Except as provided in subdivision 1, any person who
ceases to be a public employee shall receive a refundment in an
amount equal to his accumulated deduction without interest.
Subd. 3. Any person with more than ten years of credited
allowable service when such termination occurs may at his option
leave his accumulated deductions in the fund and thereby be en-
titled to a deferred retirement annuity commencing at age 65. This
annuity shall be computed in the manner provided in section 9 on
the basis of allowable service prior to termination of service.
Application for the accumulated deduction left on deposit with the
fund may be made at any time after 90 days following the date
of his termination of service.
Subd. 4. Former members who hold numbered certificates of
deferred annuity and who again become members of the retirement
association shall surrender such certificates and shall be entitled
to full credit for the service covered by the surrendered certi-
ficates. Former members who hold numbered certificats of de-
447
PUBLIC EMPLOYEES' RETIREMENT
ferred annuity may surrender them at any time prior to receiving
an annuity and receive a refundment of their accmulated deduc-
tions upon application. Membership in the retirement association
of any person shall terminate upon his ceasing to be a "public
employee" whether by resignation, dismissal or termination of
temporary or provisional appointment.
Subd. 5. The right of refundment provided in this act is not
restricted as to time unless specifically provided and the statute
of limitation does not apply thereto. (353.34)
190.11. Restoration of rights and benefits. —When any member
accepts a refundment provided in section 14, all existing service
credits and all rights and benefits to which the member was en-
titled prior to the acceptance of such refundment shall terminate
and shall not again be restored until the former member acquires
not less than five years allowable service credit subsequent to
taking his last refundment. In that event he may repay all refund-
ment taken plus interest at four percent per annum compounded
annually. If more than one refundment has been taken, all refund-
ments must be repaid with interest at four percent per annum
compounded annually. (353.35)
190.12. Payment in lieu of salary deductions. .Subdivision 1.
After June 30, 1958, no member shall be entitled to make payments
in lieu of salary deductions to the retirement board to receive
credit for any period of service prior to that date for which em-
ployee contributions were not deducted from his salary. Prior to
that date credit for such service may be received in the manner
provided in this section. After that date credit can only be received
for services rendered for which employee contributions are made
as a deduction from salary, except as provided in section 20.
Subd. 2. From July 1, 1957 until June 30, 1958, any member
may make payments to receive credit in any case where these pay-
ments were authorized by Minnesota Statutes 1953, Chapter 353,
as amended by Laws 1955, Chapter 815. The amount of these
payments however, shall be six percent of the average salary for
each year for which credit is sought. The member shall pay in
addition interest at the rate of four percent per annum compounded
annually from the year of service purchased to the date
payment is made. The retirement board may make any agreement
with the member it deems proper, providing for installment pay-
ments if the member can not pay the amount due before the cut-
off date. The employing governmental subdivision shall match all
payments made pursuant to this subdivision. Any governmental
subdivision which desires to make the employer contribution here-
in provided, is hereby authorized to appropriate money for such
purpose. These installment payments shall be paid in full within
five years.
Subd. 3. Before July 1, 1957, any member may make payments
to the retirement board to receive credit in any case where the
payments were authorized by Minnesota Statutes 1553, Chapter
353, as amended by Laws 1955, Chapter 815. The retirement board
may make any agreement with the member it deems proper,
providing for installment payments if the member cannot pay the
amount due before the cut-off date. The amount of payment and
interest rate charged to the member shall be as provided in Minne-
448
PUBLIC EMPLOYTES' ES' RETIREMENT
sota Stautes 1953, Chapter 353, as amended by Laws 1955, Chapter
815.
Subd. 4. Service credits as provided in this section may not
be purchased in excess of ten years. (353.36)
190.13. Limitations on eligibility for retirement benefits. —A
person otherwise eligible for retirement benefits under this chapter
may not receive or be paid an annuity if he (a) re-enters public
service as an officer or employee of a political subdivision, or be-
comes a state employee as defined in Chapter 352 if such service
exceeds 60 days in any 12 consecutive months, or (b) he is receiv-
ing any other retirement benefit or pension authorized by law
for public employees or state employees, if contributions therefor
had been required from that person and if any period of public
service required for benefits under this chapter was requisite in es-
tablishing eligibility for this other retirement benefit or pension.
The monthly annuity payment is suspended during ineligibility of
any person by reason of this subdivision. Payment for a full month
is suspended for any portion of a month in which this ineligibility
exists. Upon proper showing by an annuitant that this ineligibility
no longer exists the retirement board shall order that the monthly
annuity payments be resumed. Public service performed by any
annuitant subsequent to his application for a retirement annuity
under this chapter does not increase or decrease any benefit when
payments thereof are resumed. The annuitant is not required to
make any further contributions to the retirement fund by reason
of this subsequent public service. Provided, however, that the fore-
going shall not apply to any benefits authorized by federal law to
which any public employee and public official may be entitled.
(353.37)
190.14. Rights limited. —Nothing done under the terms of this
chapter shall create or give any contract rights to any person,
except the right to receive back upon withdrawal from the asso-
ciation through separation from the public service, the accmulated
deductions, as by law defined, standing to his credit on the books
of the association. (353.38)
190.15. Leave of absence, return to service. —Any employee
given a leave of absence to enter military service and who returns
to public service upon discharge from military service as provided
in Minnesota Statutes, Section 192.262 shall obtain credit for his
period of military service, but he shall not receive credit for any
voluntary extension of military service at the instance of the mem-
ber beyond the initial period of enlistment, induction or call to
active duty. Such member shall obtain such credit by paying into
the fund an employee contribution based upon his salary at the
date of return from military service. The amount of this contribu-
tion shall be six percent of his salary not to exceed $4,800 in any
fiscal year plus interest at four percent per annum compounded
annually. In such oases the matching employer contribution and
additional contribution provided in section 7 shall be paid by the
department employing such member upon his return to public
service and the governmental subdivision involved is hereby au-
thorized to appropriate money therefor and such contributions
shall be made at the time and in the manner provided in section
7. (see §190.04 above) (353.39)
419
PUBLIC EMPLOYEES RETIREMENT
190.15. Annual leave. —Any person whose service with any
governmental subdivision has terminated and who has been paid
for any unused portion of his annual leave allowance, the unused
portion of his annual leave for which he was so paid shall be
deemed allowable service if no refundment is taken. If application
for refundment is made, the last working day is deemed the date
public service terminates and credit for such service. ceases on
that date. (353.40)
190.16. Year allowable service. —Year of allowable service is
deemed any 12 calendar months not necessarily consecutive in
which a member received compensation from the governmental
subdivision or was eligible to credit for service. It also means 12
months credit each year for employees who are paid on a yearly
basis and who may or may not receive compensation in every cal-
endar month in the year. (353.42)
190.17. Salary for calendar month. —Any salary paid for a
fractional part of any calendar month is deemed compensation for
the entire calendar month unless state service has terminated.
(353.42)
190.18. Limitation for payment of refund. —If a former mem-
ber of the association does not apply for refundment within five
years after the last deduction was taken from his salary for the
retirement fund, and the total amount of his accumulated deduc-
tions is not over $25, such accumulated deductions shall be credited
to and become a part of the retirement fund. In the event the
former member should return to public service the amount so
credited to the retirement fund shall be restored to his individual
account. (353.43)
190.19. Retirement allowance. —Subdivision 1. Any retirement
allowance or annuity which is payable after the death of an annuit-
ant shall be paid to the beneficiary whom the annuitant had last
designated. If no beneficiary has been so designated, or, if the
designated beneficiary should die before making claim for pay-
ment of such retirement allowance or annuity, and if there is no
surviving spouse, and if the legal representative of such annuitant
does not make such claim within five years, the amount of the
retirement allowance or annuity payable to him at the time of his
death shall be credited to and become a part of the retirement
fund.
Subd. 2. If a member or former member dies without having
designated a beneficiary or if the beneficiary should die without
having made application for benefits and if the legal representa-
tive of such member or for former member does not apply for
benefits with in five years from the date of death of the member
or former member, the accumulated deductions to his credit shall
be credited to and become a part of the fund. (353.44)
190.20. Payment to minor. —If a member or former member
dies having named as his beneficiary a person who is a minor
at the time of the application for benefit, and the amount of the
benefit does not exceed $500, the retirement board in the absence
of guardianship or probate proceedings may make payment to the
natural guardian having custody of such minor beneficiary, for the
450
PUBLIC EMPLOYEES' RETIREMENT
benefit of such child. Any retirement allowance or annuity payable
at the time of death of an annuitant, which is payable to a bene-
ficiary who is a minor, may be paid in the same manner and such
payment shall be a bar to recovery by any other person or persons.
(353.45)
190.21. Options. —Subdivision 1. Any person who on July 1,
1957 has ten or more years of allowable service as a member and
whose deductions from salary continues at the rate in effect under
the act shall have the option when he retires to receive the retire-
ment benefits computed under Minnesota Statutes 1953, Chapter
353, as amended by Laws 1955, Chapter 815, or the benefits com-
puted under this act.
Subd. 2. Any person who ceased to be a public employee prior
to July 1, 1957 and who left his accumulated deductions in the
fund for the purpose of receiving, when eligible, a retirement
annuity or allowance in accordance with the law in effect at the
date public service terminated, shall have his annuity or retire-
ment allowance computed in accordance with the law in effect on
the date he ceased to be a public employee.
Subd. 3. Any survivor benefits selected by a member prior to
July 1, 1957 pursuant to Laws 1955, Chapter 815, Section 10, shall
continue in effect until the member retires. Such survivor shall
have the option of receiving the payments provided under such
election or the survivor benefits provided in this act. (353.46)
Repealer. —Sec. 27. Minnesota Statutes 1953, Sections 353.01,
Subdivisions 8, 9; 353.02, as amended by Laws 1955, Chapter 815,
Sections 1, 2; 353.04, 353.09, 353.10, as amended by Laws 1955,
Chapter 815, Section 3; 353.11, as amended by Laws 1955, Chapter
815, Sections 4 to 7; 353.12, as amended by Laws 1955, Chapter 815,
Section 8; 353.21, as amended by Laws 1955, Chapter 815, Section
10; 465.58, Subdivision 2, are repealed.
Sec. 28. This act takes effect July 1, 1957.
190.22. Annuities payable monthly. —All annuities granted
under the provisions of this chapter shall commence with the first
day of the first calendar month next succeeding the date of ter-
mination of public service for the purpose of retirement and paid
in equal monthly installments commencing one month thereafter
and continuing only during the life time of the annuitant, and
shall not be increased, decreased, or revoked except as provided
in this chapter. No annuity payment shall be made retroactive
beyond the first day of the calendar month in which application
therefor shall be filed. (353.13)
190.23. Annuities exempt from process. —No money, annuity,
benefit provided for in this chapter is assignable or subject to
execution, levy, attachment, garnishment, or legal process, or to
any state income tax or state inheritance tax. (353.15)
190.24. Regulations. —All matters and administrative details
not specifically provided for in this chapter shall be governed by
rules and regulations issued and promulgated by the retirement
board. The final power to determine the status of any individual in
the employ of any governmental subdivision, for the purposes of this
chapter, is hereby vested in the board. (353.18)
451
PUBLIC EMPLOYEES' RETIREMENT
190.25. Penalties for false information. —Any person who shall
give any false information to the retirement board of any officer
or agent of the retirement association for the purpose of obtaining
membership in such association, or any person, who shall wilfully
fail or refuse to perform or discharge any duty prescribed by this
chapter, shall, upon conviction thereof, be guilty of a misdemeanor.
(353.19)
PUBLIC EMPLOYEES
I1. WAGES AT DEATH
190.30. For the purposes of this section the word "employer"
includes every person, firm, partnership, corporation, the State of
Minnesota, all political subdivisions, and all municipal corporations.
If at the time of the death of any person, his employer is in-
debted to him for work, labor, or services performed, and no ex-
ecutor or administrator of his estate has been appointed, such em-
ployer shall, upon the request of the surviving spouse, forthwith
pay this indebtedness, in such an amount as may be due, not ex-
ceeding the sum of $1,000, to the surviving spouse. The employer
may in the same manner provide for payment to the surviving
spouse of accumulated credits under the vacation or overtime plan
or system maintained by the employer. The employer shall re-
quire proof of claimant's relationship to decedent by affidavit, and
require claimant to acknowledge receipt of such payment in writ-
ing. Any payments made by the employer pursuant to the provi-
sions of this section shall operate as a full and complete discharge
of the employer's indebtedness to the extent of the payment, and
no employer shall thereafter be liable therefor to the decedent's
estate of the decedent's executor or administrator thereafter ap-
pointed. Any amounts so received by a spouse shall be considered
in diminution of the allowance to the spouse under section 525.12.
(181.58)
III. SOCIAL SECURITY
190.31. Declaration of policy. —In order to extend to Em-
ployees of the state and its political subdivisions and to dependents
and survivor of such employees, the basic protection accorded to
others by the Old Age and Survivors' Insurance system embodied
in the Social Security Act, it is hereby declared to be the policy of
the legislature . that such steps be taken as to provide such
protection to employees of the state and its political subdivisions
on as broad a basis as Is authorized by the legislature in the future
and is permitted under the Social Security Act. (269.07) (Laws
1955, Chapter 665, Sec. 1)
Note: By Chapter 919, Laws 1957, the Legislature provided for the
coverage under the Old Age and Survivors' insurance provision of
Title II of the Social Security Act, of certain Employees of the State
and its political subdivisions who by reason of state legislative action
prior to January 1, 1958 are or will be without coverage of any state
retirement system. Certain employees were without coverage by rea-
son of legislative action in 1957. See Section 190.33 below.
190.32. Definitions. —Subdivision 1. For the purposes of this
act the terms defined in this section have the meanings ascribed to
them.
452
PUBLIC EMPLOYEES RETIREMENT
Subd. 2. "Enabling act" means the act entitled "an Act to
provide for the coverage of certain officers and employees of the
state and local governments under the old age and survivors in-
surance provisions of Title II of the Federal Social Security Act, as
amended, and appropriating money therefor," being Laws 1955,
Chapter 665.
Subd. 3. "Wages" means all remuneration for employment as
defined herein, including the cash value of all remuneration paid in
any medium other than cash, except that such term shall not in-
clude that part of such remuneration which, even if it were for
"employment" within the meaning of the Federal Insurance Con-
tributions Act, would not constitute "wages" within the meaning
of that act.
Subd. 4. "Employment" means any service performed by an
employee in the employ of the state, or any political subdivision
thereof, for such employer, who by reason of state legislative
action taken prior to January 1, 1958, is or will be without cover-
age of any state retirement system, except (1) service which in the
absence of an agreement entered into under the enabling act would
constitute "employment" as defined in the Social Security Act; or
(2) service which under the Social Security Act may not be in-
cluded in an agreement between the state and the Secretary of
Health, Education, and Welfare entered into under the enabling
act. Service which under the Social Security Act may be included
in an agreement only upon certification by the Governor in accord-
ance with Section 218 (d) (3) of that act shall be included in the
term "employment" if and when the Governor issues, with respect
to such service, ;a certificate to the Secretary of Health, Education,
and Welfare.
Subd. 5. "State Retirement System" means the State Em-
ployees Retirement Fun (Association), Public Employees Retire-
ment Fund (Association), and Teachers Retirement Fund, as the
case may be, established by Laws of Minnesota, Chapters 352, 353,
and 135, respectively.
Subd. 6. (a) "Employee" has the same meaning ascribed
thereto by Laws 1955, Chapter 665.
(b) "Noncoverage employee" means any employee of the state
and its political subdivisions who by reason of state legislative ac-
tion prior to January 1, 1958, is or will be without coverage of any
state retirement system.
Subd. 7. "State agency" means the Commissioner of Admin-
istration.
Subd. 8. "Secretary of Health Education, and Welfare" in-
cludes any individual to whom the Secretary of Health, Education,
and Welfare has delegated any functions under the Social Security
Act with respect to coverage under such act of employees of
states and their political subdivisions.
Subd. 9. "Political subdivision" includes an instrumentality of
the state, of one or more of its political subdivisions or of the
state and one or more of its political subdivisions, but only if such
instrumentality is a juristic entity which is legally separate and
distinct from the state or subdivision and only if its employees are
not by virtue of their relation to such juristic entity employees of
the state or subdivision.
453
PUBLIC EMPLOYEES RETIREMENT
Subd. 10. "Social Security Act" means the Act of Congress ap-
proved August 14, 1935, Chapter 531, 49 Stat. 620, officially cited
as the "Social Security Act," as such act has been and may from
time to time be amended (including regulations and requirements
issued pursuant thereto).
Subd. 11. "Federal Insurance Contributions Act" means Sub-
chapter A and B of Chapter 21 of the Federal Internal Revenue
Code of 1954, as such Code has been and may from time to time
be amended; and the term "employee tax" means the tax imposed
by Section 3101 of such Code of 1954.
Subd. 12. "Contribution fund" means the fund established un-
der Section 5 of the enabling act. (269.31)
Note: Duties of the State Agency, payments into contribution fund,
reports, tax levies to pay obligations, payments into contribution
fund, etc. are the subject of MSA 269.32 to 269.37.
190.33. Declaration of policy. —In conformity with the policy
of the Congress of the United States as set forth in Section 218 (e)
(2) and (q) of the Social Security Act, and to implement the policy
of the State of Minnesota as set forth in Laws 19.55, Chapter 665,
Section 1, (see §190.31 above), it is hereby declared that the pro-
tection afforded noncoverage employees, as herein defined, in
positions covered by the State Employees Retirement Fund (As-
sociation), the Public Employees Retirement Fund (Association),
or the Teachers Retirement Fund, as the case may be, on the date
the state agreement is made applicable to services performed in
such positions, or receiving periodic benefits under such retirement
systems at such time, shall not be impaired as a result of making
the agreement so applicable or as a result of legislative or execu-
tive action taken in anticipation or in consequence thereof. (269.38)
(See §190.31 above).
190.34. Effective date. —This act shall become effective coin-
cident with the effective date of federal legislation amending the
Social Security Act authorizing a modification of the agreement
between the State and the Secretary of Health, Education, and
Welfare so as to provide Social Security coverage for employees
who by reason of state legislative action taken prior to January 1,
1958, are or will be excluded from coverage by a state retirement
system. (269.381)
454
CHAPTER XXV.
PROHIBITION OF STRIKES
191.00. Strikes by Public Employees Prohibited. —No per-
son holding a position by appointment or employment in the
government of the State of Minnesota, or in the government of any
one or more of the political subdivisions thereof, or in the service
of the public schools, or of the State University, or in the service
of any authority, commission, or board, or any other branch of the
public service, hereinafter called a "public employee" shall strike,
or participate in a strike. As used in this act the word "strike"
shall mean the failure to report for duty, the wilful absence from
one's position, the stoppage of work, or the abstinence in whole or
in part from the full, faithful and proper performance of the duties
of employment, for the purpose of inducing, influencing or coercing
a change in the conditions or compensation or the rights, privileges
or obligations of employment. (179.51)
191.01. Right of Complaint not Limited. Right to Join Union. —
Nothing contained in sections 179.51-.58 shall be construed to limit,
impair or affect the right of any public employee or his or her
representative to the expression or communication of a view, griev-
ance, complaint or opinion on any matter related to the conditions
or compensation of public employment or their betterment, so long
as the same is not designed to and does not interfere with the full,
faithful and proper performance of the duties of employment; nor
shall it be construed to require any public employee to perform
labor or service against his will.
Public employees shall have the right to form and join labor
organizations. Public employees shall have the right to designate
representatives for the purpose of meeting with the governmental
agency with respect to grievances and conditions of employment.
It shall be unlawful to discharge or otherwise discriminate against
an employee for the exercise of such rights, and the governmental
agency shall be required to meet with the representatives of the
employees at reasonable times in connection with such grievances
and conditions of employment. It shall be unlawful for any person
or group of persons, either directly or indirectly, to intimidate or
coerce any public employee to join, or to refrain from joining, a
labor organization.
When a question concerning the representative of employees
is raised by the governmetal agency, labor organization, or em-
ployees, the labor conciliator or any person designated by him
shall, at the request of any of the parties, investigate such con-
troversy and certify to the parties in writing, the name or names
of the representatives that have been designated or selected. In
any such invstigation, the labor conciliator may provide for an
appropriate hearing, and shall take a secret ballot of employees
to ascertain such representatives. (179.52)
191.02. Submission of Grievance. — No person exercising
any authority, supervision or direction over any public employee
shall have the power to authorize, approve or consent to a strike by
one or more public employees and such person shall not authorize,
approve or consent to such strike, nor shall any person discharge,
455
PROHIBITION OF STRIKES
demote, or cause any public employee to be discharged, or demoted,
or separated from his employment because of participation in the
submission of a grievance. (179.53)
191.03. Violation, Penalty. —Notwithstanding any other pro-
vision of law, any public employee who violates the provisions of
this act shall thereby abandon and terminate his appointment or
employment and shall no longer hold such position, or be entitled
to any of the rights or emoluments thereof, except if appointed or
reappointed as hereinafter provided. (179.54)
194.04. Re-employment of Striking Employee. — Notwith-
standing any other provision of law, a person knowingly vio•
lating the provisions of this act may, subsequent to such violations,
be appointed, or reappointed, employed or reemployed, as a public
employee but only upon the following conditions: (a) his compen-
sation shall in no event exceed that received by him immediately
prior to such violation, (b) the compensation of such person shall
not be increased until after the expiration of one year from such
appointment or reappointment, employment or reemployment, and
(c) the said person shall be on probation for two years with respect
to such civil service status, tenure of employment, or contract of
employment, as he may have theretofore been entitled. (179.55)
191.06. Employee entitled to establish fact of no violation. —
Any public employee, upon request, shall be entitled, as here-
inafter provided, to establish that he did not violate the pro-
visions of this act. Such request must be filed in writing with the
officer or body having the power to remove such employee, within
ten days after regular compensation of such employee has ceased,
whereupon such officer, or body, shall within ten days commence a
proceeding at which such person shall be entitled to be heard for
the purpose of determining whether the provisions of this act have
been violated by such public employee, and if there be laws and
regulations establishing proceedings to remove such public em-
ployee, the hearing shall be conducted in accordance therewith.
Such proceedings shall be undertaken without unnecessary delay.
(179.56)
191.06. Adjustment Panel. — In order to avoid or min-
imize any possible controversies by making available full and ade-
quate governmental facilities for the adjustment of grievances, the
governmental agency involved, at the request of the public em-
ployees, shall set up a panel of three member, one to be selected by
the employees, one by the governments' agency, and the two so
selected to select a third member. Provided, that if after five days,
the two members cannot agree upon the third member, the senior
or presiding judge of the District Court of the County wherein the
dispute has arisen may appoint such third member upon application
by either of the appointed members in writing by giving five days'
notice thereof in writing to the other member. The members of
the panel shall be compensated for all necessary expenses by the
State, or the political subdivision thereof, or the authority involved.
The panel shall meet within fifteen days. If the grievance can be
adjusted through negotiation and informal conferences between the
various parties, it shall be so adjusted; If the results of the con-
ference negotiations are not satisfactory to all parties concerned,
the panel shall afford the public employees and the governmental
456
PROHIBITION OF STRIKES
agency a full hearing after which the panel shall make their find-
ings, a copy of which shall be sent to the Governor, to the Legis-
lature, and to the head of the agency, or political subdivision in-
volved, and to the employees. (179.57)
191.07. Sections 185.07 to 185.18 Not Applicable. — Min-
nesota Statutes 1949, Sections 185.07 to 185.18 inclusive, shall not
be held to apply to any governmental employee, or any other public
official, affected by this act.
457
PART SECOND
FOK11S AND INSTRUCTIO\S
FOR TOWNSHIP OFFICERS IN THEIR VARIOUS DUTIES
UNDER THE STATUTES.
MOST OF THE FORMS FOR TRANSACTING THE BUSINESS
OF THE TOWN ARE CARRIED IN STOCK BY THE PUBLISHERS
OF THIS MANUAL. A CATALOG WILL BE SENT FOR THE
ASKING. ADDRESS WALTER S. BOOTH & SON, 716 SECOND
AVE. SO., MINNEAPOLIS, MINN.
State of Minnesota
Note: This brace of lines: County of )}
Town of
is called a "venue" and should be inserted wherever the word
(Venue) is expressed in forms given.
The certificate at the end of a certificate, affidavit, or other paper,
expressed by the words, "Subscribed and sworn to before me this
day of , 19.... J.P." is called a "jurat," and should be
inserted wherever the word (Jurant) is expressed in forms given.
CHAPTER I.- ELECTION FORMS.
1.—Affidavit of Challenged Elector.
STATE OF MINNESOTA. ee.
County of
I, J. A., do swear (affirm) that I am a citizen of the United
States; that I am twenty-one years of age, and have been a resident
of this state for six months immediately preceding this election, and
an actual resident of this election district for thirty days immedi-
ately preceding this election; that I have not voted at this election,
and am a qualified voter in this election district. J. A.
Subscribed and sworn to before me this... day of ...A. D
19 T. S., Justice of the Peace.
Order Booth Form No. 613,. See Manual Sec. 6.75.
458
CHAPTER II. -TOWNSHIP FORMS.
2.—Petition to be Organized as a Town.
To the board of county commissioners of the county of ...Minn.:
The undersigned, a majority of the legal resident free-
holders, who are voters of congressional township number
north, of range west, in said county, containing not less
than twenty-five such legal voters, hereby petition your honor-
able board to be organized as a new town under the township or-
ganization law, and respectfully ask that you forthwith proceed to
fix and determine the boundaries of such new town, and to name
the same, (giving the proposed names). (Dated, and signed by a
majority of all the legal voters in the town.)
See Manual Sec. 1.01.
3.—Commissioners' Report Organizing New Town.
STATE OF MINNESOTA, Ss.
County of
Upon receiving a petition of a majority of the resident
freeholders, who are legal voters of congressional township num-
ber north, of range number west, in
said county, asking that the same be organized as a new town under
the township organization law, to be named we, the county
commissioners of said county did, on the ... day of ..., A. D.
19...., proceed to fix and determine the boundaries of such new
town, and to name the same in accordance with the said
petition, and designated as the place for holding the first
town meeting in such town, to be held on 19... The bound-
aries of said town of , as fixed and established by us, are
as follows: (Beginning at the southwest corner of section
town .... north, of range .... west, thence west on the township
line , to the southwest corner of section...., town and range
as aforesaid, thence north, etc., giving the boundary line com-
plete). (Dated and signed officially by the chairman, and attested
by the auditor, with seal.)
See Manual Sec. 1.04.
4.—Petition to Alter or Divide Township.
To the board of county commissioners of the county of .. ., Minn.:
The undersigned, a majority and not less. than twenty (or two-
thirds) of the legal voters residing in the following territory in the
township of .... to -wit: (naming the sections to be affected), here-
by petition your honorable board to detach the following sections
from the said town of .... and annex the same to the town of .. -
(naming the sections), for the following reasons (giving them) :
(or to divide the township of .... into two towns, as follows: or,
as the case may be). Dated, and signed by a majority (or two-
thirds) of all the legal voters residing in the fraction, or part to
be affected thereby.
Note. The affidavit of a legal voter residing in the fraction
or part affected, and having knowledge of the fact, satisfactorily
proving that a majority (or two-thirds when the statute requires it)
of the legal voters residing therein signed the petition, must ac-
company this petition to the commissioners.
See Manual Sec. 1.02.
459
FORMS AND INSTRUCTIONS
5.—Commissioner's Notice to Chairman of Supervisors.
To D. H. P., chairman of the board of supervisors of the town of
...., county of , and state of Minnesota:
Take notice, that the board of county commissioners of said
county, at their session to be held at.... in said county, on the
....day of...., 19.... will take into consideration, hear and de-
termine a certain petition signed (as appears by affidavit) by at
least twenty, a majority (or at least two-thirds) of all the legal
voters residing therein (or to be affected thereby), praying that the
following territory, to -wit: Sections number (naming them) be de-
tached from the township of .... and annexed to the adjoining
township of .... (or to divide the township of .... into two towns,
as follows: or, as the case may be). Given under our hand this
day, etc. (Dated, and signed officially by the chairman, and
attested by the auditor, with seal.)
This notice to be accompanied by a copy of the petition. all to
be served on the clerk of such towns affected.
See Manual Sec. 1.03.
6.—Notice for the First Town Meeting.
First Town Meeting.
The citizens of the town of ...., embracing the following area:
All of township number ....north, of range number .... west, :n
the county of ., and state of Minnesota, who are qualified to
vote at general elections, are hereby notified that the first town
meeting for said town will be held at ...., in said town, on the
....day of...., 19...., between the hours of 9 and 10 o'clock in
the forenoon, to elect three supervisors, to -wit: One for the term
of three years, one for the term of two years, and one for the term
of one year; also, one town clerk, one treasurer, one assessor, two
justices of the peace, two constables, and one town school superin-
tendent, and to do any other business proper to be done at said
meeting, when convened. Given under our hand this day of
A. D. 19.... Signed officially by the chairman, and attested
by the auditor, with seal.
See Manual Sec. 1.32.
7.—Form of Notice for the Annual Town Meeting.
The citizens of the town of ...., in the county of .... and state
of Minnesota, who are qualified to vote at General Elections, are
hereby notified that the annual town meeting for said town will
be held at , in said town, on Tuesday, the ....day of March,
19...., between the hours of ....o'clock in the forenoon, and ....
o'clock in the afternoon for the following purposes:
To elect one supervisor for the term of three years, to fill the
place of whose term expires; one town clerk, one treasurer,
one assessor, ., justice of the peace, . constable, one town
school superintendent and to do any other business proper to
be done at said meeting when convened.
Given under my hand, this ....day of ...., 19.....
• Town Clerk.
Order Booth Form No. 6. See Manual Seo, 1.33.
4C0
FORMS AND INSTRUCTIONS
8.—Statement for Special Town Meeting.
STATE OF MINNESOTA,
County of }es.
Township of
We, the undersigned town officers, and (twelve) other freehold-
ers of said town hereby declare and file our written statement with
the town clerk of said town, that a special town meeting is neces-
sary to the interests of said town, for the purpose of (determining
whether horses, cattle, mules and asses shall be permitted to run
at large in said town, in the day time, between the 1st of April and
15th day of October in each year; or whatever else is the object of
the meeting must be specifically set forth). Witness our hands
this day of A. D. 19.... (Signed officially by the super-
visors, town clerk, justices of the peace, or any two of them, and at
least twelve other freeholders of the town besides the officers.)
See Manual Sec. 1.34.
9.—Form of Notice for a Special Town Meeting.
The citizens of the town of ...., in the county of ...., and state
of Minnesota, who are qualified to vote at general elections, are
hereby notified that a special town meeting will be held at ...., in
said town, on ...., the .... day of .... next, at .... o'clock in
the . noon, for the following purposes: (here specifically set
forth the subjects to be acted on at the meeting, as contained in
the statement filed with the town clerk) ; the supervisors, town
clerk. justice of the peace and (twelve) other freeholders of the
town having filed in my office a written statement that such special
town meeting was necessary to the interest of the town. Given
under my hand, etc.
T. R. S., Town Clerk.
Note. If a newspaper be published In the town, one week's
published notice shall also be given.
Order Booth Form No. 11. See Manual Sec. 1.34, 1.35, 6.9243.
10.—Form of Election Register and Tally List.
Election register kept by the town clerk at the annual (special)
town meeting held at...., in the town of...., in the county of....,
and state of Minnesota, on the....day of...., 19...., on which
is entered the name of each person voting at said election.
POLL LIST AND ELECTION REGISTER
NO.
2
3
NAMES OF VOTERS
NO.
A. B. S.,
C. B. D.,
L. S. M.,
37
38
39
NAMES OF VOTERS
NO.
NAMES OF VOTERS
R. S. B.,
J. C. L.,
M. L. O.,
73
74
75
L. E. T..
F. W. H.,
N. W. P.,
TALLY BOOKS AND RETURNS
No.
1
2
3
Office
Candidates
Total
No.
461
FORMS AND INSTRUCTbONS
Order Booth Form No. 8 or 8E, Poll List and Election Register,
according to the approximate number of voters. Order Booth
Form No. 8T, Tally Books and Returns. See Manual Sec. 1.43.
11.—Oath of Town Meeting Officer.
(To be indorsed on the Poll List.)
STATE OF MINNESOTA,
County of . }ss.
Township of
I, A. B., do solemnly swear that I will perform the duties of judge
(or clerk, or moderator, as the case may be) of this town meeting
according to law and the best of my ability; and will studiously
endeavor to prevent fraud, deceit and abuse in conducting this elec-
tion. So help me God. A. B.
Subscribed and sworn to before me this .... day of ...., A. D.
19 • • - .. T. S., Justice of the Peace.
Order Booth Form No. 88E. See Manual Sec. 1.36, 1.37.
12.—Minutes of the Proceedings of the Annual Town Meeting.
At the annual town meeting, held in the town of ...., in the
county of ...., and state of Minnesota, at .... on the .... day of
March, 19...., was called to order by , and was then
chosen to preside as moderator of the meeting.
The moderator, at the opening of the meeting, stated the busi-
ness to b.e transacted and the order of same, as follows: To de-
termine by resolution whether to increase or decrease the compen-
sation of any town officer for the ensuing year and then to proceed
to elect one supervisor for the term of three years, to fill the
place of , whose term expires; one town clerk, one treasurer,
one assessor, justice of the peace, constable, one town
school superintendent
Also to determine by ballot .., and to do any other business
proper to be done at said meeting.
That said business would be entertained in the following order:
1st. The fixing of compensation of town officers; 2nd. The elec-
tion by ballot of town officers; the voting by ballot whether (state
subjects to be voted on); the polls to be kept open throughout the
day. 3rd. The general business of the town to be taken up and
proceeded with until disposed of.
It was then, on motion, Resolved, that the compensation of town
officers elected at this meeting shall be (give the proposed com-
pensation for each officer).
The moderator then stated that the following by-law had been
proposed to be voted on by ballot: "Resolved That," etc. That
the ballots for such purpose must be in these words, viz.: (give in
full, stating exactly how ballot must read) ; and must be placed in
the same ballot box with the votes cast for town officers, and to be
canvassed in the same manner as the ballots for town officers.
Proclamation of opening the polls was then made by the mod-
erator, and the polls opened and the election of town officers pro-
ceeded.
By yea and nay vote was elected poundmaster of said town.
On motion, Ordered, that a pound for impounding animals be es-
tablished at ...., within .... days from this date, not to exceed in
462
FORMS AND INSTRUCTIONS
cost the sum of .... dollars, to be under the care and direction of
the poundmaster.
The following three places were determined and designated by
the voters present as the most public places in said town for the
posting up of legal notices, and suitable posts for such purposes
were ordered to be erected, or maintained, by the supervisors at
each of said places, viz., (describe places.)
The supervisors submitted to the electors a report of all the
places at which guide posts are erected and maintained within
the town, and all places at which, in their opinion, they ought to be
erected and maintained. Thereupon it was ordered that guide posts
be erected and maintained at the following places, viz.: (describe
the places).
The town clerk read publicly the report of the board of auditors,
including a statement of the fiscal concerns of the town and an esti-
mate of the sums necessary for the current and incidental expenses
of the town for the ensuing year.
The Supervisors rendered to the meeting a report in writing,
stating the amount of road taxes levied, and the amount collected
during the year ending March 19...., also all money paid
into the road and bridge fund from all other sources; a statement
of the improvements needed on roads, cartways, and bridges, for
the ensuing year, and an estimate of the probable expenses of mak-
ing such improvements; also a statement in writing of all expenses
and damages occasioned by establishing, altering or vacating roads;
and of all sums expended for machinery, implements, stone, gravel
and other materials during the year, with an estimate of the
amount required for the ensuing year.
On motion, it was Ordered, that the following sums of money
be raised by tax upon the taxable property in said Town for the
following purposes for the current year:
For (enter each item carefully) $
On motion, it was Resolved to raise by taxation for road and
bridge purposes during the current year a tax of .... mills per dol-
lar on all the real and personal property of the Town liable to
taxation, other than "monies and credits."
On motion, it was resolved, etc. (set forth in order each resolu-
tion or order as It transpires).
The next annual town meeting was ordered to be held at (nam-
ing the place), and the same place was designated for holding the
next general election in the town.
At five o'clock the polls were closed, proclamation thereof being
made by the moderator. The judges then proceeded to publicly can-
vass the votes, and the persons having the greatest number of
votes for the respective offices voted for, were declared elected.
Order Booth Form No. 9. See Manual Sec. 1.37 and 1.38.
13.—Statement of Result of Canvass.
(To be read publicly by the Clerk.)
The following is a statement of the result of the canvass of votes
for the election of officers and for the various propositions sub-
mitted at the annual town meeting in the town of county of
...., and state of Minnesota, March , 19...., as publicly can-
vassed by the judges at said meeting:
463
r
FORMS AND INSTRUCTIONS
received votes for supervisor, term of 3 years.
received votes for supervisor, term of 3 years.
received votes for supervisor, term of 3 years.
was declared elected supervisor for term of 3 years to
fill the place of , whose term expires (and so on, giving
a statement of votes cast for each officer and proposition voted on
by ballot).
On motion, meeting adjourned without day.
Attest: , Clerk.
Order Booth Form No. 26A. See Manual Sec. 1.46.
Judges
14.—Minutes of Proceedings of Special Town Meeting.
At a special town meeting, held in the town of...., in the coun-
ty of ...., and state of Minnesota, at ...., on the .... day of ....
19...., the meeting was called to order by R. G., town clerk, and
M. J. H. was chosen to preside as moderator of the meeting.
The moderator at the opening of the meeting read the notice of
said special meeting, which had been duly posted and published as
required by law, and which specified the purpose for which said
special town meeting was to be held, and he stated that such busi-
ness would be entertained in order as follows: 1st. To elect ....
(state the officers, if any, to be elected) ; to determine by ballot,
etc., and to do any other business proper to be done at said meet-
ing. 2d. At .... o'clock .... m., the following business of the town
specified in said notice would be taken up and proceeded with until
disposed of, viz.: (state each subject to be voted on separately).
Proclamation of opening the polls was then made by the mod-
erator, and the polls opened and the election proceeded.
The hour of .... o'clock ....m., having arrived, and the specified
business of the town being now in order:
On motion, it was resolved (state the motion in exact terms, and
the yeas and nays might be stated also).
On motion, it was resolved, etc. (state each resolution, or by-
laws, or subject voted on, and the result).
(Or if, instead of the foregoing, the only business specified was
to vote upon the question of issuing bonds for any specified pur-
pose, the moderator would state instead: "To vote by ballot upon
the question of issuing bonds for the purpose of (state the pur-
pose) in said township —the ballots for such purpose to read:
`Shall the township of.... issue bonds for (state the purpose)?
Yes.' 'Shall the township of .... issue bonds for (state the pur-
pose)? No.'." (or give the exact words of the ballot as prescribed
in the law). Proclamation of opening the polls was then made by
the moderator, and the polls opened and the election proceeded).
At ....o'clock.... m., the polls were closed, proclamation there
of being made by the moderator. The judges then proceeded to
publicly canvass the votes, and the statement of the result was pub-
licly read by the town clerk to the meeting.
The following is a statement of the result of the canvass of votes
at the special town meeting of the town of ...., county of ....
464
—
v6 171
r
—
;.•
FORMS AND INSTRUCTIONS
and state of Minnesota, ...., 19...., as publicly canvassed by the
judges of said meeting.
H. G., received .... votes for (if any officers were elected). L.
M. received .... votes for (if any officers were elected).
ballots were cast in favor of (state the exact words). .... ballots
were cast against (state the exact words).
On motion, the meeting adjourned without day.
(Signed by the judges and clerk, the minutes to be filed with
the clerk, and finally recorded by him in the book of records of the
town).
See Manual Sec. 1.37.
15.—Notice of Election or Appointment. (General Election Law)
(General Election Law)
To D. H. P., of the town of ...., in the county of ...., and state of
Minnesota:
You are hereby notified that on the .... day of .... A. D., 19..
you were duly elected (or appointed) to the office of in and
for said town (at the annual town meeting of said town, held ov
that day; or, by the town board of said town, by warrant under
their hand; or, by the board of county commissioners, by warrant
under their hand, filed in my office.) Given under my hand thin
-... day of .., A. D. 19.... A. B., Town Clerk.
Order Booth Form No. 13. See Manual Sec. 6.9263.
16.—Q of Town officer (General Election Law)
STATE OF MINNESOTA,
County of lss.
Town of
I, J. A., do solemnly swear (or affirm) that I will support the con-
stitution of the United States and of the state of Minnesota, and
faithfully discharge the duties of the office of ...., of the town of
in the county of .... and state of Minnesota, to the best of
my judgment and ability. So help me God. J. A.
Subscribed and sworn to before me this .... day of .... A. D.
19..... T. S., Justice of the Peace.
Order Booth Form No. 16. See Manual Sec. 6.9265.
17.—Appointment of Road Overseer.
STATE OF MINNESOTA,
County of ss.
Town of
We, the supervisors of said town of .... hereby appoint....
overseer of roads in and for said town, who shall have authority
to appoint one or more competent assistants subject to the ap-
proval of the undersigned
Given under our hands this day of A D.,.19.....
Supervisors
Order Booth Form No. 20. See Manual Sec. 9.55.
465
FORMS AND INSTRUCTIONS
18.—Appointment of Assistant Road Overseer.
STATE OF MINNESOTA,
County of ) Be.
Township of
I, the undersigned, town road overseer of said town of .... do
hereby appoint . assistant overseer of roads in and for said
town, who shall have authority, under the direction of the under-
signed, to assist in the construction of town roads, and the main-
tenance of town and county roads in said town
Given under my hand this day of A D., 19.....
Town Road Overseer
See Manual Sec. 9.55.
19.—Notice of Acceptance of Town Road Overseer.
To A. B., town clerk of the town of county .... and state of
Minnesota:
Sir: —Having been appointed Town Road Overseer of said
town, on the day of A D. 19.... I hereby notify you that
I accept said office. Witness my hand this day of , A. D.
19.....
G. G. P.
Order Booth Form No. 18. See Manual Sec. 6.9266.
21.—Official Bond of Town Road Overseer.
Know all men by these presents, that we, R. S., as principal, and
B. S. and J. E., as sureties, all of the county of , and state
of Minnesota, are held and firmly bound unto the town of...., in
the county of .. ., and state of Minnesota, in the sum of two hun-
dred and fifty dollars, lawful money of the United States, to be paid
to said town, its successors, or assigns, for which payment well and
truly to be made, we jointly and severally bind ourselves, and each
of our heirs, executors and administrators, firmly by these presents.
Sealed with our seals and dated this....day of...., A. D. 19.....
The condition of the above obligation is such that, whereas the
above bounden R. S. was, on the .... day of .., 19...., duly
appointed town road overseer .... in and for the town of ...., in
said county, for the term of .., and is about to enter upon the
duties of said office; Now, therefore, if the said R. S. shall, will and
does faithfully discharge all his duties and shall return to the town
all the property of the town which may come into his custody, as
such town road overseer in and for said town, then this obligation
to be void; otherwise to remain in full force and effect.
In testimony whereof we have hereunto set our hands and seals
this day of , 19.....
Signed, sealed and delivered in
presence of J. B.
G. J. [Witnesses.]
R. S. [Seal.]
B. S. [Seal.]
J. E. [Seal.]
Order Booth Form No. 171/4B. See Manual Sec. 1.57, 6.9265, 9.55.
466
FORMS AND INSTRUC'PlONS
22.—Official Bond of Town Officer.
Know all men by these presents, that we, R. S., as principal, and
B. S. and J. E., as sureties, all of the county of ...., and state
of Minnesota, are held and firmly bound unto the town of .. ., in
the county of ...., and state of Minnesota, in the sum of (five hun-
dred) dollars, lawful money of the United States, to be paid to said
town, its successors, or assigns, ror which payment well and truly
to be made, we jointly and severally bind ourselves, and each of
our heirs, executors and administrators, firmly by these presents.
Sealed with our seals and dated this day of A D. 19.....
The condition of the above obligation is such that, whereas the
above bounden R. S. was, on the .... day of ...., 19...., duly
elected (or appointed) in and for the town of , in
said county, for the term of ., and is about to enter upon the
duties of said office; Now, therefore, if the said R. S. shall, will and
does faithfully discharge all his duties as such .... in and for said
town, then this obligation to be void; otherwise to remain in full
force and effect.
In testimony whereof we have hereunto set our hands and seals
this day of , 19.....
Signed, sealed and delivered in
presence of J. B.
G. J. [Witnesses.]
R. S. [Seal.]
B. S. [Seal.]
J. E. [Seal.]
Acknowledgment of Bond.
(Venue as in form 18.)
On this day of 19...., before me, a justice of the
peace within and for said county, personally appeared R. S., B. S.,
and J. El., to me known to be the persons described in and who
executed the foregoing bond, and acknowledged that they executed
the same as their free act and deed. ..J. P., Justice of the Peace.
(Jurat as in form 16.)
Form of Approval of Bond.
(After folding the instrument the approving officer must indorse
on its back the following words: "I hereby approve the within
bond and the sureties therein, this day of , 19.. ")
(Signed officially by the approving officer.)
Justification of Sureties to Bond.
(Venue as in form 18.)
B. S. and J. E., being duly sworn, say each for himself, that he
is surety on the within bond; that he is a resident and freeholder
of the State of Minnesota, and that he is worth the sum of (one
thousand) dollars above his debts and other liabilities, and exclusive
of his property exempt from execution.
B. S.
J. E.
Filing Indorsed on Bond
(Under the approval the filing officer should indorse: "Filed in
this office the day of , 19...." (Signed officially.) (After
467
FORMS AND INSTRUCTIONS
the filing it would be well to note this memorandum): "The post -
office address of this officer is" (giving it, and the county and
state.)
Order Booth Form No. 17. See Manual Sec. 1.57, 6.9265.
23.—Officers' Resignation and Supervisor's Acceptance.
To the board of supervisors of the town of , in the county of
and state of Minnesota:
I hereby resign the office of (chairman of supervisors) in and
for said town, for the following reasons: (state the cause, which
should be a sufficient one), and request that my resignation be
accepted. P. A. P.
Dated 19.....
The board of supervisors of the town of , in the county of
, and state of Minnesota, being satisfied that sufficient cause
exists for the resignation of P. A. P. (chairman of supervisors) of
said town, do hereby accept the same. Witness our hands this
day of , A. D. 19....
S. S. W.
Supervisors.
Order Booth Form No. 62. See Manual Sec. 1.58.
24.—Notice to Town Clerk of Acceptance of Resignation.
To T. A. L., town clerk of the town of county, Minne-
sota:
You are hereby notified that the board of supervisors of said
town have accepted the resignation of P. A. P., of the office of
(chairman of supervisors) for said town, and that said office is now
vacant. Dated this day of A. D. 19.... (Signed by at
least two supervisors.)
See Manual Sec. 1.58.
25.—Warrant of Board of Appointment Filling a Vacancy.
(Venue.)
Whereas, a vacancy exists in the office of (Chairman of Super-
visors) of said town by reason of P. A. P., the former incumbent,
resigning his said office, and the board of supervisors having ac-
cepted his resignation for sufficient cause shown, and notified the
town clerk of the vacancy, (or if the vacancy exists for other rea-
sons, state them) :
Now, therefore, we. the town board of said town, do hereby
appoint O. A. T. as (chairman of supervisors) in and for said town,
to hold his said office until the next annual town meeting, and until
a successor is elected, or appointed, and qualified in his place; hav-
ing the same powers and being subject to the same duties and
penalties as if he had been duly elected thereto. Given under our
hands, the day of , A. D. 19.... (Signed by at least
two of the town board.)
Order Booth Form No. 63. See Manual See. 1.58.
26.—Notice When Annual Town Meeting Fails.
Notice of Town Meeting.
The undersigned, freeholders of the town of county of
and state of Minnesota, do hereby call a town meeting to be held
468
FORMS AND INSTRUCTIONS
at , in said town, on the day of next, between nine
o'clock in the forenoon and five o'clock in the afternoon of that day,
to elect (state the officers to be elected as in the notice of the an-
nual town meeting) ; the said town having neglected to organize
and elect town officers at the time fixed by law for holding the
annual town meeting. Dated...., ....A. D. 19.... (Signed by at
least twelve freeholders of the town.)
See Manual Sec. 1.50.
27.—Freeholders' Affidavit of No Town Election.
(Venue as in form 18.)
J. R., being duly sworn, deposes and says that he is a freeholder
of the town of...., in said county; that said town neglected (or
refused for thirty days) to organize and elect town officers on the
day of March last, the time fixed by law for holding the annual
town meeting; that no notice of any town meeting to organize and
elect such town officers has been given within thirty days after said
time for holding the annual town meeting; that this affidavit is
made under Section 212.19, Mason's Minnesota Statutes, to enable
the board of county commissioners of said county, at their next
session, to appoint the necessary town officers for said town.
J. R.
(Jurat as in form 16.)
See Manual Sec. 1.50.
28.—Warrant of Appointment by County Board.
Whereas, it appears by the affidavit of J. R., a freeholder of the
town of. , filed in the ofii 'e of the county auditor of the county
of...., and state of Minnesota, on the....clay of...., 19...., that
the said town of , in said county, neglected to organize and
elect town officers on the day of March, 19...., the time fixed
by law for holding the annual town meeting; and that no notice of
any town meeting to organize and elect such town officers has been
given within thirty days after said time for holding the annual
town meeting; now, therefore, we, the county commissioners of
said county, do here)y appoint (state each officer and office sepa-
rately) for said town, to hold their respective offices until others are
elected and qualified in their places. Given under our hand this
....day of , A. D. 19.... (Signed officially by the chairman
of the board of county commissioners, and attested by the county
auditor, with seal).
Note. The auditor should transmit this warrant to the town
clerk, who must file it and immediately pro( eed to notify the ap-
pointees as per form No. 15.
See Manual Sec. 1.50.
29.—Oath by Town Clerk to Affiant.
"You do solemnly swear that the contents of this affidavit (or
paper) by you subscribed are true, as therein stated. So help you
God."
Note. This oath tl be administered to a person making affidavit
should be said to him standing with uplifted right hand. When the
person is religiously scrupulous of swearing or taking the oath in the
usual form, the "affirmation" may be substituted. At the end of an
169
FORMS AND INSTRUCTIONS
affidavit the town clerk should insert the "jurat" which is ex-
pressed by the words "subscribed and sworn to," etc.
See Manual Sec. 1.95.
30.—Affirmation by Clerk to Affiant.
"You do solemnly affirm that the contents of this affidavit by you
subscribed are true, as therein stated, and this you do under the
pains and penalties of perjury?"
See Manual Sec. 1.97.
31.—Jurat of Town Clerk to Affidavit.
A. B., being duly sworn, says (here follows the affidavit). At
the end write. "Subscribed and sworn to (or affirmed) before me
this day of , A. D. 19 A. B., Town Clerk."
See Manual Sec. 1.95.
32.—Acknowledgment Before Town Clerk.
STATE OF MINNESOTA,'
County of ss.
Township of
On this day of , A. D. 19...., before me, a town clerk
within and for said township, county and state, personally appeared
R. W. and S. W. (his wife), to me known to be the person(s) de-
scribed in and who executed the foregoing instrument, and acknowl-
edged that (they) executed the same as (their) free act and deed -
A. J. A., Town Clerk.
See Manual Sec. 1.94
33.—Certificate of Copy by Town Clerk.
(Venue as in form 18.)
I hereby certify that I have compared the within instrument
with the original instrument No. , now on file (or with the
original records) in my office, and that it is a true and correct
copy of the same, and of the whole thereof, and that the above is a
true copy of the filing thereon.
(Dated and signed officially by the town clerk.)
See Manual Sec. 1.63, 1.92.
34.—Appointment of Deputy Town Clerk.
(Venue as in form 18.)
I, A. B., town clerk of the town of , in said county, do hereby
appoint J. C. deputy town clerk of said town.
(Dated and signed officially by the town clerk.)
See Manual Sec. 1.91.
35.—Notice to Clerk of Court of Election of Justice.
(Venue as in form 18.)
To H. A. B., clerk of the district court of the county of
Minnesota:
You are hereby notified that at the town meeting held in
470
FORMS AND INSTRUCTIONS
the town , in the county of , and state of Minnesota, on
the day of March, A. D. 19...., P. E. C. was duly elected to
the office of justice of the peace for the term of two years. (If
elected to fill a vacancy, state who was the last incumbent.) Given
under my hand this day of March, A. D. 19.....
A. R., Town Clerk.
Postoffice address of justice _P. O., Co., Minn.
Order Booth Form No. 14. See Manual Sec. 1.92.
36.—Notice to Clerk of Court of Qualification of Constable.
(Venue as in form 18.)
To A. D. M., clerk of the district court of the county of
Minnesota.
You are hereby notified that G. K. S. was elected (or appointed)
constable of the town of , county of , and state of Minne-
sota, on the day of , A. D. 19...., and has qualified ac-
cording to law. Given under my hand this day of , A. D.
19.....
P. O. address of constable. A. R., Town Clerk
Order Booth Form No. 15. See Manual Sec. 1.92.
37.—Copy of By -Laws for Posting.
Notice of By -Laws.
(Venue as in form 18.)
I hereby certify that the following is a true copy of the By -Law
adopted by a majority of the legal voters of said town at the annual
(special) town meeting held on the day of , A. D. 19
IT IS HEREBY ORDERED AND DETERMINED:
1. That it shall be unlawful for any person or persons to allow
any cattle, horses, mules, asses, sheep, or swine owned by them, on
public highways, or upon the land of any other person, during anY
season of the year, In the town of , unless carefully herded.
2. The owner or occupant of any lands 1n said town of....may
distrain any and all beasts doing damage thereon, without regard to
the sufficiency of the fences thereon, or the existence of any fence
whatever. And when any such distress shall be made, the damages
may be appraised, and the beast or beasts disposed of, and such ac-
tion taken in the premises as is provided in the general statutes for
dtstral.ning beasts doing damage.
3. (Prescribe penalties, and for impounding animals running at
large, and give mode of procedure in case of impounding.)
(Dated and signed officially by the town clerk.)
See Manual Sea. 1.92.
38.—Itemized and Verified Account Against Town.
The Town of
19
County, Minnesota
To Dr.
April..I•.. 19 To one day's service viewing route for hlghwayl $1
May....... 19 To one day's service locating highway 1
June....... 19 To two days' service board of review 3
I I Total. $4
(Verification to be attached, form 89.)
The board of auditors should indorse on the back of every ac-
count presented, whether it was allowed or disallowed, in whole or in
471
FORMS AND INSTRUCTIONS
part, and may further state the amount and how paid (In town order
No._..... ..... and date and sign the indorsement by the town clerk.
Order Booth Form No. 66-1. See Manual Sec. 2.46.
39.—Verification to Account.
The undersigned states that he is (here insert title of
office and name of firm if claim is by a firm or corporation) the
claimant; and I declare under the penalties of law that this account,
claim or demand is just and correct and that no part of it has been
paid.
(Signature of claimant)
The effect of this verification shall be the same as if subscribed
and sworn to under oath.
Order Booth Form No. 66-1. See Manual Sec. 2.461.
40.—Town Clerk's Certificate to County Auditor —
Official Standing of Treasurer.
(Venue as in form 18.)
I, L. B. H., town clerk of said town of , in said county,
uo hereby certify that at the annual (special) town meeting held
(or at a meeting of the board of appointment of said town on the
....day of , 19...., S. H. was duly elected (appointed) treas-
urer of said town; that he has qualified and given bond according
to law and that he is the present treasurer of said town. (Dated
and signed officially by the town clerk.)
Order Booth Form No. 6334. See Manual Sec. 1.47, 1.93.
41.—Town Treasurer's Notice of Funds to Pay Town Order.
(Venue as in form 18.)
Office of Town Treasurer.
To Dated , 19....
You are hereby notified that there is now in the treasury of....
township, money to pay town order No. ...., issued , 19...
and presented for payment...., 19...., and that the same will bear
no interest after....days from this....day of...., 19
S. H., Treasurer Township.
Postoffice address, , Minn.
See Manual Sec. 2.00, 2.03.
42.—Town Clerk's Register of Town Orders.
WHOSE FAVOR
DRAWN
No. of
Order
ON WHAT FUND.
DATH OF OHDRR
Amount
Month
Day
Year
See Manual Sec. 2.00
472
FORMS AND INSTRUCTIONS
43.—Town Board of Audit's Annual Report.
Report of the board of audit for the town of , county of
, and state of Minnesota, for the year ending March ...., A. D.
19.....
YItems
Year
Month
Day
NAME OF PERSON
and Nature
of Account
Amount
Claimed
Amount
Allowed
$
$
$
$
The board of auditors estimate that the following sums are
necessary for the ensuing year to meet the expense of the town.
Current expenses $
Other incidental expenses $
Total $
(The board should write out below a statement of the fiscal
concerns of the town, and at the end of the report date and sign
each of their names officially.)
Order Booth Form No. 2. See Manual Sec. 1.86.
45.—Annual Statement of Town Treasurer.
Annual statement of S. H., treasurer of the town of...., county
of , and state of Minnesota, of the moneys received by him
into the town treasury from the county treasurer, and from all
other officers and persons; and also of all moneys paid out by him
as such treasurer for the year ending March , A. D. 19... .
YEA R
MONTH
DAY
TO WHOM PAID
ON WHAT ACCOUNT
AMOUNT
YEAR
MONTH
DAY
OF WHOM RECEIVED
ON WHAT ACCOUNT 'AMOUNT
STATE OF MINNESOTA,
County of .ss.
Township of
I hereby certify that the foregoing statement is a true account
of all moneys received by me into the town treasury of said town
from the county treasurer and from all other officers and persons;
and, also, of all moneys paid out by me as treasurer of said town
for the year ending , 19...., and that the sum of $...., is re-
maining in my hands as treasurer.
that guide posts are erected and maintained in the places following
Given under my hand this.... (dated and signed officially by
the treasurer.)
Order Booth Form No. 3 or 36. See Manual Sec. 2.00.
46.—Supervisor's Report on Guide Posts.
(Venue as in form 18.)
The supervisors of the said town of respectfully report
473
FORMS AND INSTRUCTIONS
and none other in said town, viz: (Give particular description of
each place). The supervisors are of the opinion that guide poste
ought to be erected and maintained in the following places in said
town, and that there are no other places where such posts will be
necessary or convenient. (Give particular description of the pro-
posed places.) (Dated and signed officially by the supervisors.)
See Manual Sec. 9.50.
47.—Notice—Town Board of Review.
Notice is hereby given that the board of supervisors of the town
of , in county, Minnesota, will meet at the office of the
town clerk in said town, on Monday, the....day of June, 19....
(being the fourth Monday in June), for the purpose of reviewing
and correcting the assessment of said town for the year 19.... All
persons considering themselves aggrieved by said assessment, are
hereby notified to appear at said meeting and show cause, and have
such assessment reviewed. No complaint that another person is
assessed too low will be acted upon until the person so assessed,
or his agent, shall have been notified of such complaint, if a resi-
dent of the county. (Dated and signed officially by the clerk of
the town.)
See Manual Sec. 7.89.
48.—Notice of Review of Assessment.
(Venue as in form 18.)
C. W.—You are hereby notified that complaint has been made
to the board of review of said town that your property is assessed
too low; and that on next, June , at ....o'clock,....m.,
your said assessment will be reviewed by said board. Dated
June , 19.....
L. E., Town Clerk.
Note. This notice may be served by an officer or any other
person, or notice may be given in such other manner as the board
thinks best. Full instructions for the guidance of the assessor and
the town board of review are printed on the books and blanks fur-
nished the assessor by the county auditor.
See Manual Sec. 7.88.
49.—Supervisor's Statement of Taxes Voted at
Annual Town Meeting.
STATE OF MINNESOTA,
County of ss.
Town of
Whereas, at the last annual town meeting of said town, held on
March 19....• the electors thereof determined and voted the
amount of money to be raised by taxation for general township
purposes, and for road and bridge purposes, for the current year,
and for
Now, therefore, it is found that the amounts so voted to be
raised are as follows, and for the following purposes, viz.:
For general township purposes, $
For road and bridge purposes, $
For support of the Poor,
For
For $
For $
For $
474
FORMS AND INSTRUCTIONS
For $
For $
at such rate on each dollar's worth of real estate and personal
property liable to taxation in said town as will be sufficient to raise
said amounts. And the town clerk is hereby directed to certify
to the county auditor the foregoing taxes so voted.
Given under our hands this....day of , A. D. 19.....
Supervisors.
See Manual Sec. 8.01, 8.02.
50.—Supervisor's Emergency Tax Levy for Roads and Bridges.
STATE OF MINNESOTA,
County of ss.
Town of
At a meeting of the supervisors of the town of at the
town clerk's office in said town, on the day of , 19....,
the said supervisors have ascertained and do declare that an
emergency exists in said town, resulting from the condition of a
certain road therein, described as follows •
The condition of said road created the emergency, being as fol-
lows, viz.:
And it being further ascertained and found by the supervisors
that the tax voted at the annual town meeting of said town for
road and bridge purposes is insufficient to provide for the repair
of said road above described, therefore, pursuant to 163.05, M.S.A.,
we do hereby levy tax for road and bridge purposes of (not more
than 5) mills on each dollar of the assessed value of the property
in said town, in addition to the tax voted at the annual town
meeting for road and bridge purposes, to be used for the repair
of said road.
The town clerk shall forthwith certify this emergency levy to
the county auditor for extension and collection.
Given under our hands this day of A D. 19.....
Supervisors.
See Manual Sec. 2.12, 9.53.
51.—Certificate of Sums Voted for Taxation.
STATE OF MINNESOTA,
County of . as.
Township of
I, J. M., town clerk of said town of ., hereby certify that the
following resolution and order was passed at the annual town meet-
ing held in said town, March , 19...., by a majority of the
electors present and voting thereat:
"On motion, it was ordered that the following sums of money
be raised by tax upon the taxable property in said town for the
following purposes, for the current year." For general township
475
FORMS AND INSTRUCTIONS
purposes $.... For .... $.... (give specific amounts voted and
for what purpose):
And I further certify that I have compared the foregoing with
the original entry of the minutes of proceedings of the annual town
meeting, held March , 19 as the same are recorded in the
book of records of said town, and that the same is a correct tran-
script therefrom. Given under my hand this .... day of ....,
A. D. 19.....
J. M., Town Clerk.
Order Booth Form No. 64. See Manual Sec. 1.92, 8.02.
52.—Oath of Outgoing Officer.
"You do solemnly swear (or affirm) that you have delivered to
A. B. (name of successor) all the records, books and papers in your
possession, or in your control, belonging to the office of (naming
the office) lately held by you. So help you God."
See Manual Sec. 1.62.
53.—Township Bond.
$ No.
Know all men by these presents; That the township of .. ., in
the county of ., and state of Minnesota, is, for value received,
justly held and firmly bound unto A. B., or bearer, in the sum of
.... dollars, which said sum of money said township is duly and
regularly obliged to pay, on or before the .... day of ...., A. D.
19...., with interest at the rate of....per cent. per annum, until
fully paid; said interest being payable .... annually at ...., on
presentation of the proper interest coupon, hereto attached; said
coupons being respectively numbered from one to ., inclusive,
each being for the sum of .... dollars and all bearing even date
herewith.
This bond is duly and regularly issued by the said township of
...., for the purpose of ...., under and in accordance with the
law in such cases made and provided.
Countersigned this day of A D. 19.....
Township Clerk.
In testimony whereof, the chairman of the Board of Supervisors
has hereunto set his hand this day of , A. D. 19.....
Chairman of the Board of Supervisors
of the Township of
Interest Coupon.
Bond No. Coupon No.
19....
The township of county, will pay to the
bearer, dollars, on the day of , 19...., at
being the annual interest on Bond No.
Countersigned: Chairman of Board of Supervisors.
, Township Clerk.
See Manual Sec. 4.04, 4.05.
FORMS AND INSTRUCTIONS
54.—Contract for Building a Bridge (or Constructing a Road)
This contract, made and entered into this....day of...., 19...,
between A. B., C. D. & E. F., as supervisors of the town of ....
in the county of .... and state of Minnesota, of the one part, and
G. H., of.... of the other part, Witnesseth: That the said G. H.,
for the consideration hereinafter mentioned, hereby promises and
agrees to and with the said supervisors and their successors in
office, that he, the said G. H., shall and will, within the space of
days next after the date hereof, furnish all materials for the
bridge (construction or repairs of the road) hereinafter mentioned,
and in a good, substantial and workmanlike manner erect, build
(construct or repair), finish and complete to the satisfaction of the
said supervisors and their successors in office, a bridge over the
river (or creek) on the highway leading from .... to .... (a
certain road in said town leading from —describe the location of the
road with reasonable certainty, giving the points between which
such construction or repair is to be made) in said town, according
to following (annexed) plans and specifications (giving the same
in detail).
In consideration whereof the said supervisors, in behalf of said
town, promise and agree to and with the said G. H. that the said
town shall and will well and truly pay, or cause to be paid unto
the said G. H., or his assigns, the sum of . dollars as soon as
the said work is completed and accepted by the supervisors. And
it is hereby agreed by and between the parties hereto that the
foregoing contract shall be binding upon the parties hereto, first
parties, successors in office, and second parties, heirs, executors,
administrators and assigns.
In testimony whereof, the said parties have hereunto set their
hands and seal this day of 19.....
A. B., C. D., E. F., Supervisors of the town of .... G. H. [Seal.]
Order Booth Form No. 310. See Manual Sec. 9.91.
55.—Advertisement for Bids.
Notice is hereby given, that the Board of County Commis-
sioners of County, Minnesota, will attend at their of-
fice on the day of 19...., at....o'clock
M. and then and there receive sealed bids on proposals for
the furnishing to the county of the following work and labor, mer-
chandise, or other property, to -wit:
Bidders may obtain upon request from the County Board,
full particulars and specifications as *o the wnrk and labor to be
performed, or materials, merchandise or other property to be
furnished.
This Notice will be published two weeks in a newspaper of
said County prior to said date of acceptance of bid of lowest re-
sponsible bidder.
Board of County Commissioners
County of
By
Dated at this day of 19.
See Manual Sec. 9.91.
Chairman
477
FORMS AND INSTRUCTIONS
56.—Advertisement for Bids.
Notice is hereby given, that the Board of County Commis-
sioners of County, Minnesota, will attend at their office
on the day of , 19.... at ....o'clock
.M;., and then and there receive sealed bids or proposals for
the construction and/or repair of certain roads, bridges, or build-
ings of the County, located and in the respects as hereinafter par-
ticularly set forth, to -wit:
The contract or contracts therefor in writing will then and
there, or at such other time and place to which said meeting shall
be adjourned, be awarded to the lowest responsible bidder, upon
the execution and delivery to the Board by such bidder of a suf-
ficient bond for its performance.
Bidders may obtain, upon request from the County Board,
full particulars and specifications as to the constructions and/or
repairs required.
Three weeks publication shall be given of this Notice and
fifteen days posted notice thereof in the Town where the con-
struction or repair is to be done.
Board of County Commissioners
County of
By
Chairman
Dated at this day of , 19....
See Manual Sec. 9.91.
478
CHAPTER III.- ROAD FORMS.
65.—Supervisor's Account to Annual Town Meeting.
(Venue as in form 51.)
Annual account of the supervisors of the town of , county
of ...., and state of Minnesota, for the year ending March ....,
19
1. The amount of road tax levied for the year ending March
, was $.....
The amount of road tax collected for the year ending March
, was $
There has been paid into the road and bridge fund from all
other sources under the laws relating to roads, the sum of $....,
itemized as follows:
2. The improvements needed to be made on the roads, cartways
and bridges in said town, for the ensuing year, and the probable
expense of making such improvements are as follows:
3. The expenses and damages occasioned by establishing, alter-
ing or vacating roads and of all sums expended for machinery,
implements, tools, stone, gravel and other materials during the year
ending as aforesaid amount to the sum of dollars, as shown
below:
It is estimated that (here state amount of materials and kind of
machinery required) will be required for the ensuing year.
For establishing road from....to....(describing it) expenses.$
Damages
For altering road from....to....(describing it) f
Damages
For discontinuing road from....to....(describing It) $
Dated at.... ...., this day of March, A. D. 19.....
U. R. S.,
C. H. R.,
H. C. D.,
Supervisors.
Order Booth Form No. 5. See Manual Sec. 1.85, 1.86.
66.—Road Petition for Town Road.
To the supervisors of the town of in the county of
and state of Minnesota:
The undersigned legal voters who own real estate, or who oc-
cupy real estate under the homestead or pre-emption laws of the
United States, or under contract from the state of Minnesota,
within three miles of the road proposed to be laid out (or altered,
or vacated) hereby petition you to lay out a new road (or alter, or
vacate) a road as follows:
479
FORMS AND INSTRUCTIONS
Beginning (give a description of the road and what part thereof
is to be altered or vacated, or if a new road give the point at
which it is to commence, its general course and its termination).
The description of the lands over which the said (new) road
passes, and the names of the owners thereof, which are known, as
well as the lands the names of whose owners are unknown, are as
follows: (Give the owners of the lands that are known, and de-
scribe the lands whose owners are unknown).
And your petitioners pray that you will proceed to lay out said
new road and cause the same to be opened (or alter, or vacate said
road) according to law. (Dated and signed by at least eight legal
voters of the town, who own real estate, or who occupy real estate
under the homestead or pre-emption laws or under contract with
the state within three miles of the road proposed to be established
(altered or vacated).
Note. This petition is not to be posted, but filed with the town
clerk, who shall forthwith present it to the town board, which shall
within thirty days make their order for hearing; which order is to
be served on the occupants of the lands to be taken for the road.
Also cause ten days' posted notice thereof to be given.
Order Booth Form No. 40. See Manual Sec. 9.74.
67.—Supervisors' Notice of Hearing
Notice is hereby given that the supervisors of the town of
in the county of....and state of Minnesota, will meet on the
day of , A. D. 19...., at....o'clock,in the....noon, at....,In
said town, for the purpose of personally examining the route named
below, proposed for a new (or altering, or vacating a) road, and
for hearing all reasons for or against said proposed laying out (or
altering or discontinuance) and to act upon said petition. Said
proposed new road (or alteration, or vacating) as described in the
petition, is as follows: (Here give the description of the route as
described in the petition).
The several tracts of land through which the said road will pass
(passes) and the occupants thereof, as nearly as we can determine
the same are as follows: (Give a description of the lands and the
names of the occupants, and if any have no occupants and the
owners are unknown, state that fact). (Dated and signed officially
by the supervisors.)
Order Booth Form No. 41. See Manual Sec. 9.74.
68.—Proof of Posting and Service of Notices.
STATE OF MINNESOTA.
County of. ss.
Township of
D. S., being sworn, says that on the....day of...., A. D. 19....,
he served the within order and notice upon each of the occupants
personally, of the land through which the within described road
may pass, by leaving copies as follows: To A. B. personally: to
C. D. at his usual place of abode with E. F., a person of suitable
age and discretion, then resident therein (describing each service).
That, also, on the....day of , A. D. 19...., he posted copies
of the within notice in three of the most public places in said town,
to -wit: At (naming the places).
Subscribed and sworn to before me this....day of...., 19....
A. B., Town Clerk.
Order Booth Form No. 41. See Manual Sec. 9.74.
480
FORMS AND INSTRUCTIONS
69.—Supervisor's Road Order.
(Venue as in form 68.)
Whereas, upon the petition of (eight) legal voters, who own real
estate, or who occupy real estate under the homestead or pre-
emption laws of the United States or under contract from the state
of Minnesota within three miles of the road proposed in said peti-
tion to be laid out (altered or vacated) ; which said petition was
filed with the town clerk, who forthwith presented it to us for
action thereon, and which proposed new road (alteration or vaca-
tion) is set forth and described in said petition as follows, viz.:
Beginning, etc. (Set forth the road as given in the petition.)
And whereas, upon receiving said petition, we did, within thirty
days thereafter, make out an order or notice of hearing and fix
therein a time and place at which we would meet and act upon such
petition, to -wit: On the....day of...., A. D., 19...., at...., caus-
ing copies of such notice to be posted in three public places in said
town, at least ten days before such meeting; and having met at
such time and place as above named in said notice, and being
satisfied that the petitioners had, at least ten days previous to said
time, caused said notice of time and place of hearing to be given to
all the occupants of the land through which such highway might
pass, by serving the same personally upon each of said occupants,
proof of which was shown by affidavit, we proceeded to examine
personally such highway and heard any and all reasons for or
against the laying out (altering or vacating) the same, and being of
the opinion that such laying out (or altering or vacating) was
necessary and proper, and that the public interest would be nro-
moted thereby, we granted the prayer of said petitioners and deter-
mined to lay out (alter or vacate) said road (a), and caused a
survey thereof to be made according to the report and plat here-
with accompanying the description of which as so laid out (altered
or vacated) is as follows, to -wit: Beginning, etc. (set forth with
accuracy and certainty a complete description of the road), the
description of which was so laid out is as follows, to -wit: Be-
ginning, etc. (b).
It is therefore ordered and determined, that a road be and the
same is hereby laid out (or altered, or vacated) according to the
description last aforesaid (c), and the report and plat herewith
accompanying, which is hereby made a part of this order, and it is
declared to be a public highway, four rods wide, and said descrip-
tion above given being the center of said road. Given under our
hands this, etc. (Dated and signed officially by the supervisors.)
Note. In case of a survey and a report with plat being made,
here insert: "and cause a survey thereof to be made according to the
report and plat herewith accompanying." In case the supervisors
determine to "vacate" a road when so petitioned, the order should
stop at this point (a) and merely add: "and the same is hereby
vacated." (b) Set forth with accuracy and certainty a complete
description of the road. (c) In case of survey and plat, here say:
"and the report and plat herewith accompanying," which is hereby
made a part of this order.
Order Booth Form No. 42. See Manual Sec. 9.74.
70.—Supervisor's Refusal.
(Endorse on the back of the petition as follows) :
(Venue as in form 68.)
We, the supervisors of said town, having duly and properly
examined into the matter proposed In the within petition, do deter-
481
FORMS AND INSTRUCTIONS
mine not to lay out, or alter or vacate) the road therein described,
and the within petition is hereby denied. Given under our hands
this (dated and signed officially by the supervisors).
See Manual Sec. 9.74.
71.—Surveyor's Report and Plat.
To the board of supervisors of the town of , county of
and state of Minnesota:
The undersigned, having been duly employed by you to make a
survey of a road in said town, would report that the following is a
correct survey of the line thereof as made by me, under your
directions, to -wit: Beginning at (the center of) section , town-
ship , range , thence running as follows, with a variation
of degrees and minutes.
Station
Bearing
Distance
Remarks
0.
West
17 c.
1.
N.65° 30'W.
15 c. 40 1.
Note points where center of road
2.
S. 51° W.
3 c. 20 1.
intersects section lines, and dis-
3.
S. 61° W.
6 c. 54 1, etc.
tance of such points from the
most convenient section or other
established corner.
And that below (or attached) is a correct plat of said road ac-
cording to said survey. Dated this day of ., A. D. 19....
Surveyor.
Order Booth Form No. 43. See Manual Sec. 9.74.
72.—Award of Damages.
STATE OF MINNESOTA)
County of ss.
Township of
Whereas, a road was laid out (or altered or vacated) on the
....day of...., A. D. 19...., by us, the supervisors of the said town
of , on the petition of eight legal voters who own real estate,
or occupy real estate under the homestead or pre-emption laws of
the United States, or under contract from the state of Minnesota,
within three miles of said road; which said road (or alteration, or
vacation) is set forth and described in the foregoing supervisors'
order made by us. And whereas, a part of the damages sustained
by reason of the laying out (or altering, or vacation) of said road
has been ascertained by the agreement of the owners of the lands
throughout which said road passes with us, and a part of the own-
ers of the said lands have, in writing, released all claims to dam-
ages; but not being able to agree with the owners of the following
described lands, claiming damages by reasons of said highway pass-
ing through, and the owners of some of the said lands being un-
known, we have assessed the damages to each of such individual
claimants with whom we could not agree, and awarded damages
to the owners of such lands through which such highway passes
as are unknown, at what we deemed just and right; taking into
account and estimating the benefits the road will confer on the
claimants and owners, as well as the disadvantages. We have
assessed and awarded damages as follows:
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FORMS AND INSTRUCTIONS
(Here give a particular description of each tract of land and its
owner, if known; but if not known, state that fact also; and dam-
ages:
And in case of the following lands and claimants for damages,
we estimate that the advantages and benefits said road will confer
on them are equal to all damages sustained by them by reason of
laying out (or altering, or vacating) said road, to -wit: (Set forth
lands and owners as far as known; and describe the unknown
lands, stating that the owners are unknown). (Dated and signed
by the supervisors.)
Note. After the expiration of thirty days from the filing of the
road order and no appeal being taken. the supervisors should issue
and deposit with the town clerk an amount of town orders equal to
the damages assessed to each individual, to be delivered to each
upon demand, before any road can be opened or notice given for the
removal of fences.
Order Booth Form No. 46. See Manual Sec. 9.74.
73.—Notice to, and Receipt from County Auditor.
(After recording the road order the town clerk should transmit
the order and award of damages to the county auditor with accom-
panying notice similar to the following) :
To A. B. County Auditor of the County of , and state of Min-
nesota:
Sir: I herewith transmit Road Order No , and award of
damages made by the supervisors of the town of , in said
county, on the....day of 19 , to be filed and preserved in
your office, and your receipt to be sent to me therefor.
Dated , 19.... C. D., Town Clerk.
(County Auditor's Receipt.)
OFFICE OF COUNTY AUDITOR,
County of , Minn.
Received of C. D., town clerk of the town of...., in the county
of , and state of Minnesota, Road Order No....., and award of
damages made by the supervisors of said town on the day of
, 19...., to be filed and preserved in this office.
A. B., County Auditor.
Dated , 19.... (To be entered in the said record.)
See Manual Sec. 9.74.
74.—Release of Damages.
(Venue as in form 72.)
Whereas, a road was laid out (altered, or vacated) on the....
day of...., A. D. 19...., by the supervisors of the said town of....
on the petition of (eight) legal voters, who own real estate, or who
occupy real estate under the homestead or pre-emption laws of the
United States, or under contract from the state of Minnesota, within
three miles, (or eight legal voters, freeholders and residents of the
town within three miles) of said road, which said roaa for altera-
tion, or discontinuance) is set forth and described in the super-
visors' order as follows, viz.: Beginning (describe the road as in
the order laying it out) which said road passes through certain
lands owned by us as described below:
Now, therefore, know all men by these presents, that we, the
owners of the lands described below for value received, do hereby
release all claims to damages sustained by us by reason of the
laying out (or altering, or vacating) and opening said road through
433
FORMS AND INSTRUCTIONS
our lands, viz.: (Here give a description of the lands and their
owners' names.)*
In witness whereof, we have hereunto set our hands and seals
this day of , A. D. 19.... (Signed, sealed and delivered
in presence of two witnesses.)
Order Booth Form No. 44. See Manual Sec. 9.74.
75.—Agreement as to Damages.
(Use form 74 to the * then substitute to the next • as follows)
do hereby * agree to and with the said supervisors that the damages
sustained by us by reason of laying out (or altering, or vacating)
said road be ascertained and fixed, and the same are hereby
ascertained and agreed upon as follows: (Describe the lands, give
the owner's names, and the amounts agreed upon and conclude as
in form 74.)
Order Booth Form No. 45. See Manual Sec. 9.74.
76.—Notice to Remove Fences.
(Venue as in form 72.)
To D. S.:
Sir: —Take notice, that the supervisors of the town of in
the (or the county commissioners of the) county of...., and state
of Minnesota, have laid out (or altered) a public road, by an order
filed with the town clerk of said town (auditor of said county), on
the....day of...., A. D. 19 • which road passes through certain
inclosed cultivated or improved lands owned (or occupied) by you,
viz.: (describing them) : and said order has not been appealed
from. You are, therefore, hereby notified and required to remove
your fences from within the limits of said road, within twenty days
from the date of service of this notice upon you, or said supervisors
will cause the same to be removed as provided by law. (Dated and
signed by the supervisors officially.)
Order Booth Form No. 56. See Manual Sec. 9.90.
77.—Petition for Public Cartway.
To the supervisors of the town of , in the county of , and
state of Minnesota:
The undersigned (five or more) voters, freeholders of the town
of ...., in said county, respectfully petition you to locate and lay
out a public cartway in said town, two rods wide, commencing at
(give point of commencement, general course, distance, and point
of termination, as well as each tract of land through or upon which
the cartway may pass, and the name of its owner if known.
Dated this day of , 19.... (Signatures.)
Note. public eartways are to be petitioned for, notices of hear-
ing served, a hearing and final determination and road orders made,
and damages assessed, and paid by the town in the same manner as
in cases of other roads; except that the petition need be signed by
only "five voters, freeholders of said town desiring the same," the
road to be, if temporary. not less than one, and if permanent, not
less than two nor more than three rods wide, and the damages for
right of way paid by the town, such persons being designated in
the supervisors' assessment of damages. (Modify and use form 07
to 76, for both public cartways and town line roads.)
Land dedicated for a cartway, if not less than 80 feet wide. is
legal. (Sec. 497)
Order Booth Form No. 40. See Manual Sec. 9.78.
484
FORMS AND INSTRUCTIONS
78.—Petition for Cartway far Access.
To the Supervisors of the Town of in the County of
and State of Minnesota:
The undersigned is owner of a tract of land of not less than
five acres in area situated In said town, and has no access there-
to except over the lands of others; and hereby petitions your
honorable body to establish a cartway of rods (not more
than two rods) in width connecting with a public road, said
land described as follows viz: (Here describe land and state
desired points of beginning and terminus of Cartway.) (IS
owner desires at his own expense to fence) such cartway, add
the following: and also the right of the undersigned and his
heirs and assigns to fence and keep fenced said cartway when
constructed. Dated this (Signature)
See Manual Sec. 9.78.
79.—Notice of Road Appeal to District Court.
To B. E. M., chairman of the board of supervisors of the town of
....in (or county commissioners of) the county of ...., and
state of Minnesota:
Take notice that I, C. D., have appealed to the district court in
and for said county, from the order and determination made by
your board bearing date the day of , 19...., and flied in
the .... office, laying out, etc. (or altering or discontinuing) a cer-
tain road in said ., as follows (describing it) ; which said road
passes through lands owned by me, viz.: (aescribing them).
The grounds upon which this appeal is brought are: (Give the
grounds, whether laying out, or altering or vacating a road, or in
the award or refusal to award damages.) (Dated and signed by
the appellant.)
See Manual Sec. 9.82.
80.—Proof of Service of Notice.
(Venue.)
R. R., being duly sworn, says, that at the town of...., in said
county, on the....day of...., 19...., he served the within notice
of appeal upon B. E. M., chairman of supervisors named therein,
by delivering a copy thereof to him personally (or by leaving a
copy thereof at his residence with A. B., a person of suitable age
and discretion)„ then resident therein. C. D.
(Jurat.)
Note. This proof of service Is to be indorsed on the notice.
The bond is to be approved by the judge, court commissioner, or
county auditor (the latter office is usually the most convenient for
this purpose), and then, together with the application, and notice
with proofs of service indorsed thereon, filed with the clerk of the
district court. Certified copies of all the other papers in the case
(to be paid for in the first instance by the appellant) should be
transmitted by the town clerk (or by the county auditor, if a county
road) to the clerk of the district court to be used on trial.
See Manual Sec. 9.82.
81.—Order Laying Out Highways After Decisions on Appeal.
(Venue as in form 85.)
Whereas, the undersigned, supervisors of the town of .., in
the county of ...., by their determination duly filed on the ....
485
FORMS AND INSTRUCTIONS
day of...., 19...., refused to establish (alter, or vacate) a road
from .... to .... which was set forth and described in the petition
therefor of C. D., and others, dated....19...., as follows: (describe
as in petition) ; and appeal having been duly taken to....from
the determination so made as aforesaid, such proceedings were
thereupon had, that the same was reversed (or, altered), as by
the record of such proceedings in the office of....will more fully
appear:
Now, therefore, in conformity with the decision of such appeal,
it is hereby ordered and determined, that a road shall be and hereby
is laid out, etc. (as in form 69).
See Manual Sec. 9.82.
82.—Audit of Expenses and Damages.
STATE OF MINNESOTA,
County ss.
Township of
To the town clerk of said town of
We, the undersigned supervisors of said town, do hereby certify
that we have this day audited and allowed the following sums for
damages and charges by reason of the laying out (or, etc.) of a
road from....to...., by our order duly filed in your office on
the day of , 19...., to -wit:
To on (describe land), for damages agreed upon, etc.. $
To on (describe land), for damages assessed, etc. ....$......
To for services as
To for, etc. $
(Dated and signed by the supervisors.)
Note. If the damages and expenses pertain to a county road, this
form should be modified to fit the county board instead of town board.
See Manual Sec. 9.82.
83.—Complaint for Obstructing Highways.
(Venue as in form 82.)
The complaint of B. W., one of the board of supervisors of the
said town of...., made before B. W. P., Esq., one of the justices
of the peace in and for said county, who being duly sworn, on his
oath says, that on the day of , A. D. 19...., at the town
of...., in said county, one J. S. did obstruct the public highway
with intent to prevent the free use thereof by the public, at that
place where the public highway passes along and over (the south
line of the southwest quarter of the southeast quarter of section
twenty-one, in township one hundred and one north, of range twenty
west), in said county, by then and there unlawfully building and
placing a fence in and along the said highway; (or by plowing
along and upon said highway without permission of the overseer.
of the district in which said highway is situated, or by digging a
hole therein, or by removing dirt, sand or clay therefrom) ; con-
trary to the form of the statute in such case made and provided,
and against the peace and dignity of the state of Minnesota, and
prays that the said J. S. may be arrested and dealt with according
to law C. W.
Subscribed and sworn to before me this day of 19.....
B. W. P., Justice of the Peace....
See Manual Sec. 12.09.
4R6
FORMS AND INSTRUCTIONS.
84.—Overseer's Affidavit for Draining Highways.
(Venue as in form 82.)
J. M., on oath says, that he is town road overseer for said
town; that the road running from (the southeast corner of section
thirty-five to the northeast corner of section twenty-three,) in said
road district, runs into or passes through a swamp (bog, pond, or
low land) on the (northeast quarter of section twenty-six) ; that it
is necessary and expedient that a ditch (or ditches) about (six)
feet wide, (four) feet deep and of the probable length of (eighty)
rods should be opened as follows: (give the point of beginning,
general course. and the point near which it should terminate),
through lands owned as follows, (give owners of land, if known, and
description); and that the road at said point cannot be made
passable without extraordinary expense unless such ditch (or
ditches) are laid out and opened. J. M.
(Jurat as in form 83.)
See Manual Sec. 10.00.
85.—Bond for Appeal in Drainage of Highway.
Appeal from the decision of the town board in road drainage cases
is to the District Court and as bond must be approved by the judge
or the county auditor, it would be well to consult them as to its
form.
See Manual Sec. 10.00.
48
CHAPTER IV. -BOARD OF HEALTH, ETC. FORMS.
90.—Order of Local Board of Health.
STATE OF MINNESOTA,
County of �as
Township of J
To A. B.:
Whereas (state the nuisance, source o1 filth, or probable cause
of sickness, has been found on your premises, or private property
(particularly describing it); (or, Whereas the board of health are
of the opinion that the cleansing and disinfecting of that certain
house, building or vessel —describing it particularly —belonging to
you, and of the articles therein likely to contain infection would
tend to prevent or check infectious disease); (or, Whereas —stat-
ing any matter dangerous to the public health or requiring quaran-
tine, such as contagious diseases, etc., which are proper subjects
of restraining orders from the local board of health); You are
hereby ordered to remove the said nuisance, etc. (or to cleanse and
disinfect the above described building and the articles therein con-
tained), (or, to do any act —specifically naming it —necessary for
the public health) within (twenty-four hours after the service of
this order upon you. Hereof fail not, under penalty of the law.
Given under our hands this... ..day of , A. D. 19.....
By order of the board of health S. F., Health Officer.
See Manual Sec. 19.05.
91.—Complaint of Health Officer.
(Venue as in form 90.)
E. L., of the town of...., on oath, complains and says that he
is a member of the board of health in and for the town of...., in
said county; that said board, on the day of , A. D. 19....
believing it necessary for the preservation of the health of the
inhabitants of said town, did attempt to enter (describe building or
vessel, and give name of owner if known), situate or being in said
town, for the purpose of (state object), which then and there
existed, and that said board of health and each member thereof
then present, was by J. B. refused such entry and prevented from
entering such (building or vessel), against the form of the statute in
such case made and provided, and against the peace and dignity
of the state of Minnesota, and prays that a warrant issue as pre-
scribed by law. E. L.
Subscribed and sworn to before me this....day of...., 19.....
J. P., Justice of the Peace.
See Manual Sec. 19.06.
92.—Health Officer's Order to Remove Nuisance.
(Venue as in form 90.)
To
Whereas a nuisance, source of filth, or cause of sickness (as
case may be) has been found to exist upon your property at
to -wit: (Describing and locating the nuisance.) Therefore you
488
Ckt: PAA:
q '3° - TIZA -c13
If y t :JO
FORMS AND INSTRUCTIONS
are hereby ordered to (abate said nuisance), (remove said source
or filth or cause of sickness) as case may be, at your expense
within days (not more than 10) from the date or service of
this order upon you.
Dated 19....
Health Officer Town.
Note: If owner of property is unknown or absent the serving
officer shall post a written or printed notice on the premises, that
unless said nuisance is abated or other filth is abated or removed
within 10 days, the officer will cause same to be abated or removed
at the expense of said owner.
See Manual Sec. 19.19.
CHAPTER V.-PARTITION FENCE FORMS.
96.—Notice of Supervisors to Examine Partition Fence.
STATE OF MINNESOTA
County of �ss,
Township of
To A. B.:
Complaint having been made by C. D., to us, the supervisors of
said town, that the portion of partition fence between lands inclosed
with fences occupied by him and yourself, in said town, which you
of right ought to maintain, is materially out of repair, and has
been so out of repair since the day of ,.19...., and that
you have since that time neglected (or that you refuse) to repair
the same, said fence being on the line between (state location of
fence with reasonable certainty).
You are hereby notified that we will, on the....day of....,
19 , at the hour of. .o'clock in the noon, proceed to ex-
amine said fence and determine as to the sufficiency thereof, when
and where you can be heard on the subject if you desire. (Dated
and signed officially by the supervisors.)
See Manual Sec. 100.03.
97.—Direction of Supervisors to Repair Partition Fence.
(Venue as in form 96.)
To A. B.:
Whereas, we, the supervisors of said town, upon complaint made
to us by C. D., and after due notice to you, did on the....day of
19...., examine the partition fence between lands inclosed
with fences, and occupied each by you, the said C. D., in said town,
being on the line, etc. (as in the notice), and have determined the
portion thereof which of right you ought to maintain, being the
south half of the same (or as the case may be), is insufficient.
You are, therefore, directed to repair (or rebuild) your said por-
tion of said partititon fence within (here state such time as is rea-
sonable) days from this date. (Dated and signed officially by the
supervisors.)
See Manual Sec. 100.03, 100.11.
98.—Certificate of Value of Repairs.
(Venue as in form 96.)
Complaint having been made to us, the supervisors of the said
town, by C. D., that the portion of partition fence between lands
inclosed with fences and occupied by said C. D. and A. B., which
said A. B. of right ought to maintain, was materially out of repair,
and that said A. B. has neglected (or refused) to repair the same,
said fence being on the line between (describe the fence as in the
notice), we did, upon due notice to each party, proceed, on the....
day of , 19...., to examine said fence, and did thereupon de-
termine, that the portion thereof, which said A. B. of right ought to
maintain, being the (south half of the same; or, as the case may
be) was insufficient, and did direct said A. B. to repair (or rebuild)
said portion of said partition fence within days thereafter.
and whereas, said A. B. did not repair (or rebuild) the said portion
490
FORMS AND INSTRUCTIONS
of said partition fence as directed by us, but after the time limited
for repairing (or rebuilding) the same by the said A. B., the said
C. D. did repair (or rebuild) that portion of said fence which said
A. B. of right ought to maintain, we the said supervisors (or two of
the supervisors, as the case may be), did after giving the occupant
(or occupants) reasonable notice thereof, and an opportunity to be
heard on the day of 19...., proceed and examine that
portion of said partition fence so repaired (or rebuilt) by said C. D.,
and ascertained the expense thereof, and to adjudge the same to
be sufficient as repaired (or rebuilt) by said C. D., and do certify that
the expense of such repairing (or rebuilding) is (forty) dollars,
and that our fees in the case are (four) dollars. (Dated and
signed officially by the supervisors.)
Note. The complainant may demand of the owner or occupant
of the land double the amount of the ascertained expenses, together
with the fees of the viewers. (§s 950-952)
See Manual Sec. 100.04.
99.—Notice of Assigning Share of Partition Fence.
(Venue as in form 96.)
To C. D.:
A controversy having arisen about the rights of A. B. and C. D.,
occupants of adjoining lands in a certain partition fence (or their
obligation to maintain a certain partition fence) between their
lands, being (describe location of fence). And application having
been made to us, the supervisors of the town of...., wherein said
lands lie, for our action in the premises;
You are hereby notified, that we shall, on the....day of....,
19...., at the hour of....o'clock in the.... noon, be present on the
line of said fence, and then and there proceed and assign to each
his share of said partition fence, and direct the time within which
each party shall build (or repair) his share thereof, when and
where you can be heard on the sabject if you desire. (Dated and
signed officially by the supervisors.)
See Manual Sec. 100.05.
100.—Supervisor's Assignment of Partition Fence.
(Venue as in form 96.)
A controversy having arisen between A. B. and C. D., adjoining
occupants of lands in said town of...., about their rights in a cer-
tain partition fence (or their obligation to build or maintain a cer-
tain partition fence) between their lands, being (describe location
of fence as in notice) ; upon the application of the said A. B., and
due notice to the parties, we, the supervisors, or majority of the
supervisors) of said town did, on the....day of...., 19...., proceed
and assign to each party his share of said partition fence as follows:
To the said A. B. we assign as his share (state the part).
To the said C. D. we assign as his share( state his part).
And we hereby direct that each party shall erect (or repair)
his share of said fence as above assigned to him within (a reason-
able time) days from the date hereof. (Dated and signed officially
by the supervisors.)
See Manual Sec. 100.07.
101.—Agreement of Owners Concerning Partition Fence.
This agreement, made this....day of...., 19...., between A.
B., of the town of...., in the county of...., and state of Minne-
491
FORMS AND INSTRUCTIONS
rota, of the one part, and C. D., of the same town, of the other part.
Witnesseth, that whereas, the said A. B. has heretofore erected
a fence on the division line between his lands and the lands of the
said C. D., which said fence commences at (describe the location
of the fence). And whereas, after the erection of said fence the
said C. D. inclosed a field on the (east) side of said division line,
so that (sixty) rods of said fence, commencing at the, etc.( describe
the location of said portion of fence), has become and now is a
partition fence between the fields of the said A. B. and C. D.; and
whereas, the said C. D. has paid to the said A. B. (forty) dollars,
being in full for one-half of the value of said (sixty) rods of fence.
It is therefore agreed between the parties hereto that the
(thirty) rods of fence on the (north) part of said (sixty) rods shall
be well and sufficiently maintained and kept in repair by the said
A. B., and remainder of said (sixty) rods shall be kept in like
repair by the said C. D.
In witness whereof, the said parties have hereunto set their
hands and seals the day and year first above written. (To be
signed and sealed by the parties, witnessed by two witnesses,
acknowledged before an officer authorized to take acknowledgments
and recorded with the register of deeds.)
See Manual Sec. 100.02, 100.12.
102.—Notice of Intention to Remove Partition Fence.
(Venue as in form 96.)
To C. D.:
You are hereby notified that I have determined not to improve
any of my lands, and about to open my inclosure adjoining the
partition fence between lands occupied by us in the town of...., in
the county of...., and state of Minnesota, viz.: (describe the
location of the fence), being the same fence divided according to
law (or by agreement, etc.) by E. F. and G. H., two of the super-
visors of said town, in writing, bearing date the....day of....,
19.... (Dated and signed.)
See Manual Sec. 100.02.
103.—Determination of Value of Partition Fence.
(Venue as in form 96.)
Whereas, it appears that A. B. and C. D. have heretofore been
adjoining occupants of inclosed lands, the lands of said A. B. being
described as follows: (Describe his inclosed lands), and the lands
of the said C. D. being described as follows: (Describe his in-
closed lands), that the said A. B. has opened his said inclosure,
and that he owns one-half of the partition fence between their said
inclosed lands;
Now, therefore, we, the supervisors (or majority of the super-
visors) of said town of , being duly called upon for that pur-
pose, and having considered the premises, do determine the value
of said partition fence belonging to the said A. B. to be (thirty)
dollars, and our fees and costs of ascertaining the same are (four)
dollars. (Dated and signed officially by the supervisors.)
See Manual Sec. 100.04.
492
CHAPTER VI.-ESTRAY, CATTLE AND POUND
FORMS.
104.—Form of Estray Notice.
Estray Notice.
STRAYED upon lands owned (or occupied) by me, described as
(here give government subdivision of land), in the town of
county of , and state of Minnesota, where I reside, one yoke of
working oxen about eight years old, of a. dark red color, with a
white spot in the forehead of each, and the left hind foot of each
white; having brass buttons on their horns, and a notch cut out
of the right ear of one. They were found and taken up as estrays
by me, on the....day of...., 19 and are of the value of forty
dollars each, and the owner thereof is unknown to me. (Dated
and signed.)
P. F., residing on Sec. 20, in said town.
Note. Horses and mules may be taken up found anywhere In the
town, even by a non-resident, but proceedings must be had as in the
other cases.
See Manual Sec. 110.01.
105.—Certiflcate of Appraisal by Justice.
STATE OF MINNESOTAI
County of ). ss.
Township of
Whereas, P. F., a resident of said town, has made application to
the undersigned, a justice of the peace of said town, to appraise
one yoke of dark red oxen, about eight years old, found and
taken up by him as estrays: Now, therefore, I hereby certify that
having viewed the said oxen, I do appraise them to be of the value
of forty dollars each.
Fee, for certificate of appraisement $0.50
Travel (ten) miles at six cents per mile .60
Received of P. F., in full my fees $1.10
(Dated and signed officially by the justice.)
Note. If the owner is known, he must be notified within seven
days; if unknown, notice above must be filed with town clerk within
ten days.
See Manual Sec. 110.02.
106.—Notice of Settlement of Estray Charges.
(Venue as in form 105.)
To P. F.:
Take notice, that I have applied to S. L. S., a justice of the
peace of said town, to settle and fix the amount due to you (me),
by reason of the keeping and use of the estrays taken up by you
(me) about the....day of , 19 and claimed by me (you);
and that said justice will hear and decide upon said matter at
his office in said town, on the....day of...., 19.... at....o'clock
..m., where you can be present and be heard in the premises.
(Dated and signed by the party making the application.)
493
FORMS AND INSTRUCTIONS
Note. This notice may be a verbal one, but had better be in writ-
ing. Unless the opposite party appears, the justice ought to require
proof that the party had been duly notified, or postpone the hearing
until he has been so notified, before hearing and deciding the matter.
See Manual Sec. 110.03.
107.—Justice's Settlement of Estray Charges.
(Venue as in form 105.)
Whereas, a disagreement has arisen between J. S. and P. F.,
concerning the reasonable and lawful charges incurred in relation
to the keeping and use of the following estrays: (describing them)
found and taken up by the said P. F., on or about...., 19...., and
kept by said P. F., from said time, and which are now claimed by
the said J. S.
Now, therefore, I, the undersigned, a justice of the peace of the
said town, do hereby certify that I have ascertained and do hereby
settle and fix the amount due to the said P. F., over the value of
the use of such estrays, to be (eighteen) dollars, together with my
costs amounting to (one dollar and fifty cents). (Dated and signed
officially by the justice.)
See Manual Sec. 110.03.
108.—Constable's Notice of Sale of Unclaimed Estray.
Notice of Estray Sale.
(Venue as in form 105.)
Whereas, on or about the....day of...., 19..., P. F., a resident
of said town, did find and take up on lands owned (or occupied) by
him, the following estrays, viz.: (describing them as in the notice
filed with the clerk), which said estrays were, on the....day of....,
19...., by J. P., a justice of the peace of said town, appraised at
more than ten dollars, to -wit: (name the sum), and more than one
year having elapsed since the filing of the estray notice, and said
estray not having been redeemed by the owner thereof; Now,
therefore, notice is hereby given, that in pursuance of the statute
In such case made and provided, and at the request of said P. F.,
I shall expose the same for sale at public auction to the highest
bidder, on the....day of...., 19.... at....o'clock...m., at the resi-
dence of said P. F., in said town of..... (Dated and signed officially
by the constable.)
Note. The sale must be made between nine o'clock in the morning
and sunset, within the county and within view of the property and be
sold in such parcels as are likely to bring the higheet price. The
constable's fees are: posting each notice, fifteen cents; necessary
travel to post up notices, ten cents per mile each way; on all sums
made from sale and paid over, five per cent, fees.
See Manual Sec. 110.04.
109.—Statement of Charges by Finder.
STATE OF MINNESOTA,
County of gg,
Township of
P. F., of the
oath, says that
charges by him
scribing them),
day of...., 19..
town of in said county, being duly sworn, on
the following is a true statement of the lawful
incurred in relation to a certain yoke of oxen (de -
found and duly taken up by him as estrays, on the
.. ,to -wit:
494
FORMS AND INSTRUCTIONS
For keeping said oxen....months $
For filing notice with town clerk and posting same, $
For justice's fees on appraisement
For town clerk's fees $
For register of deed's fees
Constable's fees on making sale $
(Other items, specifying) $
Total $
P. F.
Subscribed and sworn to before me this.... day of...., 19.....
J. C., Justice of the Peace.
Note. The constable's notice of sale, his report thereof and this
statement, should be filed with the county treasurer by the finder, at
the time he deposits the remainder of the money with him, and he
should take the county treasurer's receipt therefor.
See Manual Sec. 110.04.
110.—Constable's Report of Estray Sale.
(Venue as in form 105.)
I hereby certify and return that on the....day of...., 19 , I
gave public notice in writing that the estray described in the
annexed notice would be sold at public auction, by posting up in
three of the most public places in said town of...., three notices
describing said estray, and giving notice of the time and place
when and where the same would be exposed for sale; that at the
time so appointed, viz.: (state the day and hour), I attended at the
place mentioned in said notice, viz.: (name and place where), and
then and there exposed the said estray to sale at public auction to
the highest bidder; and sold the said estray to (name the pur-
chaser), for $ (giving the price paid for each estray), he
being the highest bidder therefor; that I have retained $ , my
fees and disbursements from said amount, and have paid over
$ , the remainder of the money, together with said written
statement P. F., and a statement of the costs of sale, with the
county treasurer, taking his receipt therefor. (Dated and signed
officially by the constable.)
See Manual Sec. 110.04.
111.—Notice to Owner of Beasts Doing Damage.
(Venue as in form 105.)
To C. E. N.:
Sir: Take notice, that on the....day of...., 19...., at my
residence (on the east half of the southwest quarter of section....)
in said town, the following beasts owned by you (describing them
and giving their number), were distrained by me for doing damage
upon my lands (or lands occupied by me) in the sections and town
aforesaid, and are now detained and kept at (state where). That
on the....day of...., 19 , at. ...o'clock....m., he will apply
to K. X., a justice of the peace of said county, at his office in the
town (or village) of , for the appointment of appraisers to ap-
praise the damages committed by said beasts. (Dated and signed.)
See Manual Sec. 110.08.
495
FORMS AND INSTRUCTIONS
112.—Application for Appraisers of Damages by Beasts.
(Venue as in form 105.)
To J. V. L., a justice of the peace for said town:
The undersigned, H. G., of said town, hereby makes application
to you to appoint three disinterested freeholders of said town to
appraise the damages done by (four) cows (describing them),
upon my lands (or lands occupied by me, describing them) ; the
said cows being distrained by me (a) within twenty-four hours of
the date of this application, and are now kept by me in a secure
place (on my premises, on section , in said town). (Dated,
etc.) H. G.
Note. In case the distraining is made in those counties or parts of
counties that may by resolution or by-law allow beasts to run at
large in the day -time, between April 1st and October l5th, the fol-
lowing words should be inserted at (a), "doing damage on my said
lands in night-time, to -wit: between the hours of eight o'clock In the
evening of the....day of , 19 and sunrise of the next
morning and "(concluding as in form 107.)
See Manual Sec. 110.08.
113.—Appointment of Appraisers.
(Venue as in form 105.)
To C. S., H. W. and J. R., of said town:
You are hereby appointed appraisers to appraise the damage
sustained by H. G., by reason of four cows (b) doing damage, on
the....day of...., 19...., upon his lands (or lands occupied by
him), (on the east half of the southwest quarter of section ....), in
said town; and upon first being duly sworn, you are to immediately
repair to the place stated in the annexed application to H. G., and
view the damages done, and you may take the evidence of any com-
petent witness of the facts and circumstances necessary to enable
you to ascertain the extent of such damage, and for which purpose
you are authorized by law to administer an oath to every such
witness, and ascertain and certify under your hands the amount of
such damage, with fees for your services, not exceeding one dollar
per day. (Given under my hand, etc.) (Dated and signed official-
ly by the justice.)
See Manual Sec. 110.08.
114.—Oath to Appraisers.
(Indorse on the back of the order of appointment of appraisers,
or attach to it the following) :
(Venue as in form 105.)
I do solemnly swear (or affirm) that I will faithfully and fairly
ascertain and appraise the damages sustained by H. G., by beasts
doing damage upon his lands on the. ...day of...., 192...., and
make a just and true certificate thereof according to the best of
my understanding and ability, so help me God. (Signed by the
appraisers.)
(Jurat as in form 106.)
See Manual Sec. 110.09.
115.—Certificate of Appraisers.
STATE OF MINNESOTA,
County of ss.
Township of
We, the appraisers duly appointed by J. V. L., a justice of the
496
FORMS AND INSTRUCTIONS
peace of said town, to appraise the damages done by four cows (de-
scribing them), upon the....day of...., 19...., on the lands of
H. G. (on the east half of the southwest quarter of section
etc.), in said town, do hereby certify that immediately after our
said appointment, upon first being duly sworn, we repaired to the
place aforesaid, and after viewing the said damages done on the
lands of the said H. G. (and taxing the evidence of J. E), we do
hereby certify that the amount of said damage is the sum
of $......
Our fees (two days and mileage)
Total $
(Dated, etc.) (Signed by all the annraisers.)
See Manual Sec. 110.09.
116.—Poundmaster's Notice of Sale —Distraint.
Poundmaster's Sale.
(Venue as in form 115.)
Take notice, that on the....day of , 19...., at the public
pound in the said town of , in the county of , and state of
Minnesota, at....o'clock in the....noon, I will sell at public ven-
due (describing the beasts), or so many of them as may be neces-
sary, to pay the damages certified to have been done by said beasts,
on the lands of H. G., upon the day of , 19...., together
with the fees and costs authorized by law. (Dated and signed of-
ficially by the poundmaster.)
Note. Unless the beasts are redeemed and the amount of appraisal
and all costs paid within six days, they shall be sold, or so many
thereof as may be necessary to pay damages, costs and fees, upon
three days' posted notice of such sale one of said notices is to be
posted at the Pound. See 3 978.
See Manual Sec. 110.12.
117.—Sale of Beasts by Sheriff or Constable —Distraint.
Sheriff's (Constable's) Sale.
(Venue as in form 115.)
Take notice, that on the....day of...., 19...., at (naming the
place), in said town of...., county of...., and state of Minne-
sota, at....o'clock in the....noon, I will sell at public vendue (de-
scribe the beasts), or as many of them as may be necessary to pay
the damages certified to have been done by said beasts, together
with the fees and costs authorized by law; subject to redemption
by the owner at any time within two months from the day of sale
as provided by law. (Dated and signed officially by the sheriff or
constable making the sale.)
See Manual Sec. 110.13.
118.—Report of Sale by Poundmaster, Sheriff or Constable —
Distraint.
(Venue as in form 116.)
I hereby certify, that pursuant to the annexed notice, copies of
which were duly posted at three of the most public places (and at
the public pound) within said town, at least three days before
the day of the sale named therein, I did, on the said....day of
, 19 at....o'clock....m., at the place in said notice men-
497
FORMS AND INSTRUCTIONS
tioned, sell the said beasts at public vendue to the highest bidder,
for the following price, viz.; (giving the price paid for each ani-
mal), making in all the sum of $ ; that I have retained the
sum of $ for my fees, the cost of keeping said beasts and the
charges of such; and have paid to H. G., the distrainer of the said
beasts, his damages as certified, with the fees of the appraisers,
and of the justice (and poundmaster), amounting in all to $
and the surplus, $ , I have paid to (S. B., the owner of said
beasts, who appeared and claimed such surplus), (or to the town
treasurer of the town aforesaid). (Dated and signed by the pound -
master or officer making the sale.)
See Manual Sec. 110,41.
119.—Poundmaster's Sale, Notice —Impounded Animals.
.Poundmaster's Sale.
(Venue as in form 115.)
Take notice that by virtue of the statute in such case made and
provided, I did, on the....day of 19...., impound the follow-
ing described animals (describing them); and that unless the said
animals are taken away and the fees paid within six days from the
date of this notice, I shall, on theday of , 19...., at (nam-
ing the place (pound is located held), at o'clock in the
noon, expose for sale and sell at public vendue to the
highest bidder for cash, the above described animals or so many
of them as shall be necessary to pay such damages, fees and costs.
(Dated and signed officially by the poundmaster.)
See Manual Sec. 110.12.
120.—Poundmaster's Report of Sale of Impounded Animals.
(Venue as in form 115.)
To the supervisors of the town of
The following is an accurate description of the animals duly
sold by me, as provided by law, at public vendue in the town of...,
in said county, on the....day of...., 19...., and the amount re-
ceived by me for each animal sold, namely:
One gray mare, about six years old, etc., sold for $60.00
One black yearling heifer, with white spot, etc., sold for 10.00
Total ... $70.00
Deduct two per cent of purchase money $1.40
Fees taking into and discharging from pound .20
Keeping of animals (twenty-one days) 8.40
10.00
Balance in my hands $60.00
Dated this....day of...., 19.... Poundmaster.
See Manual Sec. 110.141.
121.—Receipt to Poundmaster (in duplicate)
$60.00.
Received from...., poundmaster of the town of , the sum
of sixty dollars, being amount realized from the sale of impounded
animals by him made on the....day of 19...., after deducting
fees and charges. For an accurate description of animals sold, the
sum received for each, and the fees, etc., reference is made to the
said poundmaster's report of sale, dated , and duly filed with
the town clerk. (Dated and signed officially by town treasurer.)
See Manual Sec. 110.141.
498
CHAPTER VII.-MISCELLANEOUS FORMS.
122.—Notice of Lien for Service Fees.
To Whom It May Concern.
(Venue as in form 123.)
Take Notice. —That the undersigned is the owner of a stallion
(named Napoleon) kept for public service, and hereby claims a
lien under and by virtue of law, upon the offspring resulting from
the service of his said (stallion) upon the following described ani-
mal viz.: (Here give accurate description of each female
bred, color, supposed age, and any other description necessary for
identification.) That such service was performed by said (stal-
lion) upon said...., on the...., day of...., 19...., at.... That
the amount due for the said service of such (stallion) is the sum o1
(twenty-five) dollars, and that sum is the value of such service,
and that it has not been paid, nor any part thereof. This notice is
given to claim and preserve a lien upon the offspring for said sum.
Witness my hand this.... day of A. D. 19.....
Residence of owner, section...., township...., R.... R. P.
Order Booth Form No. 309. See Manual Sec. 120.09-.11.
123.—Application for License to Sell Non -Intoxicating
Malt Liquor —County.
To the County Board of the County of State of Minnesota.
whose name and address are subscribed hereto,
hereby make application for an " sale" (off -sale) license to
sell non -intoxicating malt liquors on those certain premises in the
Town of , County of , State of Minnesota, known
and described as follows • in connection with the
business there now and heretofore conducted by said applicant
since 19 .....
Applicant states and represents:
(a —if an individual or partnership) That..he..(Is a, they are)
citizen..of the United States of America, who (is, are) of good
moral character and repute and has attained the age of twenty-
one years and who (is, are) proprietor.. of the establishment for
which this license is applied.
(b—if a corporation) That it is a corporation organized under
the laws of That said corporation is....an affiliate or sub-
sidiary of (directors, officers).
That the application is made on behalf of said corporation by
the undersigned of said corporation.
(c—if a club) That it is a bona fide club and is an organization
for social or business purposes —or for intellectual improvement —
or for the promotion of sports — (delete inapplicable reference)
where the serving of such non -intoxicating malt liquor is inci-
dental and not the major purpose of the club.
The applicant represents that no manufacturer or wholesaler
of non -intoxicating malt liquor has any ownership, in whole or In
part, in the business of applicant.
499
FORMS AND INSTRUCTIONS
Applicant herein agrees to abide by and be governed by all
rules and regulations of the County Board and the laws of the state
pertaining to the sale of non -intoxicating malt liquors.
Address
Address
STATE OF MINNESOTA,
County of
being duly sworn, on oath say that he the
person.. who made and signed the foregoing application, that he
ha read said application and knows the contents thereof, and
that the same is true of own knowledge.
Subscribed and sworn to before me this
day of , 19....
CONSENT OF TOWN BOARD
At a meeting of the Town Board of the Town of
County of , Minnesota, held at on the day of
19...., a quorum of the board being present, the follow-
ing resolution was adopted, viz:
"Application having been made by of to the
County Board of this county for ' sale' license to sell non -in-
toxicating malt liquors at in the Town of ,
"Resolved that the County Board of County be and it
hereby is authorized to issue such ' sale' license to
for the sale of non -intoxicating malt liquors at within this
town."
A true copy:
Dated , 19....
Town Clerk.
RECOMMENDATION OF COUNTY ATTORNEY AND SHERIFF
The undersigned, County Attorney of County,
Minnesota, and , Sheriff of said County, do hereby recom-
mend that the foregoing application for license to sell non -intoxi-
cating malt liquor be granted by the County Board of said county.
We hereby certify that, to the best of our knowledge the appli-
cant therein has not, within a period of five years prior to the date
of such application, violated any law relating to the sale of non -
intoxicating malt liquor or of intoxicating liquor, and that in our
judgment the applicant will comply with the laws and regulations
relating to the conduct of said business in the event said license is
issued or renewed.
Dated , 19....
County Attorney
Sheriff
Order Booth Form No. 801. See Manual Sec. 40.00.
500
FORMS AND INSTRUCTIONS
124.—Town Treasurer's Request for Designation of Depository.
To the Town Board of
County, Minnesota:
Gentlemen: I request that you designate one or more state or
national banks as depositories of the funds of this town.
Respectfully,
Dated , 19....
Town Treasurer.
See Manual Sec. 2.07.
125.—Resolution Designating Depository for Town Funds.
RESOLUTION DESIGNATING DEPOSITORY FOR TOWN
MONEYS BELONGING TO THE TOWN OF
COUNTY, MINN.
BE IT RESOLVED, That we, the town board of the Town of
County, Minnesota, at a meeting held this
day of 19...., do hereby designate the
Bank as a depository for town moneys of this town for a period
of months beginning the day of 19.... ; in total
that said depository shall immediately furnish bond according to
law, in the penal sum of Dollars and/or deposit with the
town treasurer of said town acceptable securities as collateral of
a total market value of Dollars.
This designation is subject to the rights of said town board to
modify, vacate and revoke the same at any time.
A copy of these resolutions shall be delivered to the depository
designated.
Attest:
Clerk Chairman Town Board.
See Manual Sec. 2.07.
126.—Application for Cigarette License.
STATE OF MINNESOTA,
County of ss.
The undersigned, residing at....in the (city) (village) (borough)
(town) of said County, hereby requests the issuance by said
municipality to applicant of a license to sell at retail, cigarettes,
cigarette paper and cigarette wrappers within said of ;
and hereby tenders to the governing body the proper license fee
therefor. License to take effect...., 19.... and to expire....19....
Dated , 19.... Applicant
Place of business
TO
The governing body of the (city) (village) (borough) (town)
of
Order Booth Form No. 1001. See Manual Sec. 2.06.
127—Certificate of qualification for apportionment of cigarette
taxes.
CERTIFICATE BY TOWN BOARD
We, the undersigned, chairman and clerk of the town board, of
501
r
FORMS AND INSTRUCTIONS
the Town of /Name/ in the County of /Name/, State of Minnesota,
do hereby certify that on /date/ the said Township of /Name/ had
/Either platted portions on which reside 1,200 or more people or
platted area within 20 miles of the city hall of a city of the first
class having over 200,000 population/.
This certificate is made for the purpose of advising the Secre-
tary of State of the facts herein recited, and to qualify said Town
of /Name/ to participate in the apportionment of the cigarette tax
under the provisions of MSA 297.13, Subd. 1, as amended by L. 1955,
Ch. 376.
Dated
Chairman
Clerk
of the Town Board of /Name/
See Note following Section 8.13. The secretary of state has the
responsibility of preparing lists of muncipalities that qualify for ap-
portionment of cigarette taxes. However, since all towns do not
qualify the above form will aid those towns that do qualify to inform
the secretary of state of their status.
502
GENERAL INDEX
(The references are to Sections unless otherwise indicated)
ABSENT VOTER
May vote by mail 6 37
Includes voters ill or physically disabled 6 37
ACCOUNTS
Examination by comptroller 170.10
Supervision by state 2 58-2.66
ACTIONS
By or against towns, procedure 2 44-2.46
Electors may direct 115
For fines, etc. 170.20
Garnishment 2 53
Judgment against 2 47
Levy of tax to pay judgment 2 48
Of town board 1 04
On official town bonds 1 70
Upon bonds, duties of town board 1 70
Upon bond by private person 170.16
Upon town orders, etc. 2 46
ACTUARY —See Cemeteries
ADULTERATION
Of food, penalties 20.43
AFFIRMATION
In lieu of oath, when 1 97
AGRICULTURAL PRODUCTS
Assessment of 717
AIRPORTS
Adjoining state may establish 2 57
ALMSHOUSES
Regulation as to health 19.02
ALTERATION
Of township boundaries 102
ANIMALS
Doing damage 110.07-110.15
Impounding, fees 110.34
Injury by dogs 110.17
Restraint of, by-laws regarding 115
Running at large 110.32
Running at large in village 110.32-110.36
With contagious disease, quarantine, etc. 20.52-20.66
ANTH RAX
Death from vaccination 20.54
APPEALS
In hedge and tree cutting 12.02
In road matters 9 82
In tax matters before tax commission 7 96
APPORTIONMENT
Of funds in case of division of towns 1 06
Of tax funds by county treasurer 810
503
GENERAL INDEX
APPRAISEMENT
Of beasts doing damage 110.09
Of estrays 110.02
ARMORIES —
City and village armory commission $ 181.00
Expenditures 181.01
State Armory Commission
Construction of Armories 181.022
Definitions 181.021
Municipality may provide site 181.023
ASSESSMENTS
Before State Tax commission 7 96
ASSESSMENT BOOKS
How furnished —entries 7 09
ASSESSORS —See Taxation, Taxes, Personal Property,
Real Property
Appointment of, to fill vacancy 1 61
Bond and oath of 711
Compensation of 1 63, 7.09-7.10
Delivery of papers, to successor 1 62
Deputies, appointment and duties 712
Duties 7 09, 7.16, 7.13-7.22
Duties of, as to correction of assessments 7 95
Duties of, in odd -numbered years 718
Duties of, upon failure to list property 7 87
ASSIGNEE
Property in hands of, how taxed 7 47
ATTACHMENT
Township employee salaries 2 631
AUDIT —See Accounts, Board of Audit
AUSTRALIAN BALLOT
Elections to be by 129
AUTOMOBILES —SEE Motor Vehicles, License and Tax
Compensation for use by officer 1 64
BANKS —See Depositories
List of stockholders 7 82
Stock of, how taxed 7 81
BATHING BEACHES
Regulation by towns 1 84
BEAR
Bounty for killing 140.07-140.08
BEASTS DOING DAMAGE
Appraisement 110.09
Notice to owner 110.08
Proceeds of sale 110.141
Redemption after sale 110.14
Sale of, time of, notice 110.12
Sale of, when no pound within town 110.13
Taking distrained beast without paying damages, penalty 110.15
Tender of damages, effect 110.10
When to be impounded 110.11
Who may distrain 110.07
504
GENERAL INDEX
BEER —See Malt Liquors
BILLIARD TABLES
License of 167, 1.69
BIRTHS —See Vital Statistics
BICYCLES
Traffic regulations 17.05
BLACKBIRDS
Bounties for killing 140.09-140.10
BOARD OF AUDIT
Duties 1 86
Report posted and read at town meeting 1 87
Town board to act as, meetings 1 85
BOARD OF HEALTH —See Livestock Sanitation,
Public Health, Town Board, Rabies
BOARD OF REVIEW
Duties, meetings, returns 7 88-7.90
BOARS
Liens for service of 120.09-120.11
Running at large 110.25-110.31
BONDS —See Public Indebtedness
Action upon 170.11-170.16
Approved by whom 170.07
Defaced, duplicates, how issued 416
Depository may substitute collateral 170.24
Exemption from taxation 7 02
Filing, place 170.08
For forest fire prevention 80.00-80.08
For issuance of duplicate warrant 4 16
For paving, by towns 9 52
For public indebtedness, how issued 4 08-4.19
For purchase of dynamite 2 82
For sewage disposal 4 25
For town halls, road and bridges, how issued 4 00-4.25
General requirements 170.00-170.22
Justification 170.01
Loans from state board of investment 4 20
Lost, indemnity 417
Of constable 1 56
Of depository, of funds 170.24
Of depository, filed with county auditor 170.24
Of justice of the peace 1 55
Of officers, prosecution of 170
Of public contractor 170.13
Of town clerk 189
Of town officers 157
Of town treasurer 199
Official security to whom 170.00-170.02, 170.03
State board of investment may buy in open market 4 20
Surety 170.00-170.22
Undertaking in lieu of 170.04
BOOKS —See Accounts, Examination of Accounts
BOUNDARIES OF TOWNS
Alteration by county board 1.02-1.04
505
GENERAL INDEX
Fixed 1 11
Report to state auditor 1 05
BOUNTIES AND AWARDS
For growing of timber 140.00-140.04
For killing bear 140.07-140.08
For killing of gophers, crows, etc. 140.09-140.10
For killing of wolves, foxes, lynx, bobcat 140.05-140.06
BOWLING ALLEYS
Licensing of 1 67, 1.69
BOXING EXHIBITIONS
Consent of town board 1 83
BRIDGES
Beyond boundaries 9 07
Bonds for, by towns 4 00-4.25
Contracts for 917
Expenditure for 12.00
Highway over railroad 9 05
Interstate 14.07
Maintenance 12.
Over ditches 913-918
Over lake 13.15
Reconstruction 14.11-14-12
Repairs 14.12
Railway over highway 14.05
Strength of 14.03
Toll bridges, securing free use 14.09
Tolls, etc. 14.07
Width of 14.04
BULLS
Liens for service of 120.09-120.11
Running at large 110.25-110.31
BURIAL GROUND —See Cemeteries, Cemetery Associations
BY-LAWS
By town meetings 115
To be posted 122
Town clerk to post, etc. 192
CAMPING GROUNDS
Towns may establish and maintain 124
CANDIDATE
For office, filing 130
CAPITAL STOCK
How taxed 7 35
CARNIVALS
Defined 1 82
Not to be licensed, when 179
CARTWAYS
Upkeep 13.08-13.11
CASTRATION
Of animals, running at large, stallions, bulls, rams, boars 110.28
CATTLE GUARDS
To be erected by railroads at 14.10-14.12
506
GENERAL INDEX
CEMETERIES —See Cemetery Associations
Acquisition, control by town 115, 2.67
Appropriation for private 90.481
Damage, discharge of firearms 90.38
Deposit, interest, investment of funds 2 73-2.79
Fund for care and improvement 2 71-2.79
Gifts to 2 72
How acquired by towns 2 67
Location of by boards of health 19.02
Permanent fund 2 70, 90.39-90.47
Private cemeteries 90.00-90.06
Purchase of land, by towns 115
Sale of lots in 2 68
Tax for purchase 1 15
Title to vest in town, when 2 69
Town and village may co-operate 2 80, 90.48
CEMETERY ASSOCIATIONS —See Cemeteries
Actuary —duties 90.08, 90.09
Alienation 90.18
Assessments revert to, when 90.31
Descent of title to lot 90.19
Disposal of lot 90.11, 90.20
General provisions 90.07-90.20
Incorporation 90.07
Land, how acquired 90.10
Permanent care and improvement
fund 90.21-90.29, 90.30, 90-39-90.47
Reorganization 90.34 - 90.37
Sale of real estate 90.33
Taxation, exemption 90.17
Unused cemetery 90.071
Wilful damage 90.38
CIGARETTE LICENSES
Receipts from fees 2 06
Form Forms §127
CIRCUSES, SHOWS, ETC.
Licenses for by town board 1 69
CLAIMS
Against towns, fraudulent, penalty 1 88
Against towns, statement to be filed 2 46
Filing with town clerk 2 46
For expenses of board of health, how allowed 19.08
For growing timber, how filed 140.01
For killing wolves and foxes, how made 140.06
Itemization 2 461
CLASSIFICATION
Of property for assessment 717
CLERKS —See Town Clerk
Of election, how chosen 6 57
Of election, vacancy filled 6 61
COLLEGES
Property of, exempt from taxation 7 01
COMMUNITY HALL
Aid in construction, authorization 115
507
GENERAL INDEX
COMMODITY STAMP
General provisions 30.40
COMPENSATION
For accidents, etc., of town employees 117
Of town officers 1 63
Certain townships 1 631
COMPLAINTS
Impassable roads 12.00
COMPTROLLER
Refusal or obstruction of, in duties 2 60
To examine accounts, on petition or request 2 61-2.66
To have supervision of accounts 2 59
CONDEMNATION
By Town 2 19
Of gravel beds 12.06
CONSTABLES
As fire wardens 80.13
Bond and qualification of 156
CONSTRUCTION
Of statutes rules 130.18
Words and phrases 130.18, 130.19
CONTAGIOUS DISEASES
Among animals 20.51-20.60
Exposing persons, penalty 20.48
Quarantine 19.02
CONTRACTOR
Bond 170.13
CONTRACTS
For seed grain, liens 120.05-120.08
For roads and bridges 9 07, 9.17, 10.03, 11.04
In excess of taxes void 8 08
To be let to lowest bidder 2 27
Town officers not to be party to 2 26
Commodity stamps 30.40
CONVEYANCES
By town, how authorized 115
Of real estate, by town 1 21
To towns, of real and personal property 114
CORPORATIONS
Property of, how listed for taxation 7 80
COUNTIES
Relief of poor by 30.00-30.16
COUNTY ROADS
Establishment, etc. 9 70
CREAMERY COMPANIES
Eminent domain 19.10
CREDITS
Taxation of 7 60-7.71
CROSSINGS
Dangerous 15.07-15.08
Failure by railroads to fence, etc., penalty 15.11
Farm, railroads to construct 15.09
508
GENERAL INDEX
Fences and cattle guards 15.1..0, 15.12, 15.13
Grade, change of 16.02
Of roads, railroads to construct signs 15.00
Of railroads, railroads to maintain gates 15.14
Railroad companies to construct sidewalks at crossings15.061
Stops at, by vehicles
Under and across railroads, at expense of owner,
how regulated 15.14.15.15
When grade is changed
CROWS
Bounties for killing
CULVERTS —See Bridges
Construction by town boards
DAMAGES
By animals 110.07-110.15
To growing crops by destruction of weeds 70.08
2 24
15.02-15.06
140.09-140.10
12.05
Work on supposed roan, towns to pay
DANCE HALLS
Application —permit to be posted 60.03
Certain dances prohibited 60.05
Dance halls must be lighted 60.06
r Definition 60.00
Disposition of fees 60.10
Hours of dances regulated 60.09
Not to admit certain persons 60.07
Officers must attend all public dances 60.08
Permits may be revoked 60.11
Proprietors must obtain permits 60.01
Violations a misdemeanor 60.12
Who may make application 60.04
Who shall issue permit 60.02
DEATHS —See Vital Statistics
DEBT —See Public Indebtedness 106
Apportionment, on division of towns
Of town, limit 2 33, 4.02
DEDICATION
Of land for road 9 77-9.85
DEFINITIONS
Of words and phrases in statutes 130.18
Of words and phrases 130.18, 130.19
DEPOSITORIES
Bond 2 09, 170.24
Collateral in lieu of bond 170.24, 2.09
Limitation 210
Selection by town board 1 67, 2.07
DETOURS 995
In road construction
DISCONTINUING TOWN ORGANIZATION
Procedure 3 06-3.10
DISEASES
Contagious, control, records 19.05
In livestock 20.51-20.63
DISSOLUTION
Of towns
8 06-8.10
509
r
GENERAL INDEX
DISTRAINT -See Beasts Doing Damage
Proceedings 110.07-110.15
DISTRESSED TOWNSHIPS
Relief provided for 311
DOCKS
Towns and villages may combine to build 2 91
DOGS
Keeping of, fine 110.18
Licensing 110.16
Owner of not known, complaint, judgment 110.21-110.23
Owner, liable 110.17
Rabies, control of 20.64-20.66
When a nuisance, killing of 110.20
Worrying sheep, may be killed 110.19
DRAINAGE
Act liberally construed 150.35
Appeal to district court -jury trial 150.12
Appeal to supreme court 150.14
Appointment of other engineers 150.29
Assessments -town treasurer 150.26
Attorney -at -law 150.06
Authority to enter lands for survey 150.11
Benefits and damages 150.08
Bond and contract 150.17
Certificate of completion 150.21
Collection of assessments -interest 150.24
Compensation of members of board, etc. 150.33
Costs and expenses 150.09
Damages -payment of 150.20
Definitions 150.00
Ditches -how designated 150.02
Duty of railroads -penalty 150.30
Engineer 150.05
Extension of time 150.15
Failure of contractors 150.19
Hearing 150.04
Judgment upon appeal 150.13
Meeting of board -how called 150.28
Modification of plans 150.18
Notice 150.03
Obstructions -penalties 150.32
Of roads 918-9.20
Order and notices 150.37
Parties not affected cannot question proceedings 150.34
Petition 150.01
Place of filing 150.27
Record as evidence 150.36
Recording of statement and summary 150.23
Repairs 150.31
Roads benefited -liability of municipalities 150.25
Sale of job -contractor's bond 150.16
Securities may be required 150.10
Statement and summary 150.22
Town road drainage tax 9 60
View -final order 150.07
510
GENERAL INDEX
DRAGGING ROADS
Town fund and tax 9 54
DRUGS
Adulteration of, penalties 20.43
DUPLICATE WARRANTS
When issued, procedure 2 49
DYNAMITE FOR CLEARING
Application for 2 83
Bonds for purchase of 2 82
Certain towns may purchase explosives 2 81
Disposition of 2 83
Mortgages upon land for 2 83
Towns may furnish for stump blowing and other purposes 2.81
Use for other purposes a misdemeanor 2 831
ELECTIONS
Affidavit of candidacy
Australian ballot
Ballot
6
64-6.67, 6.78,
Compensation
Challengers and challenges
Contest
Conduct of elections
Date of general election
Date of village election
Districts, how constituted
Duties of clerk-
6.39, 6.57, 6.61, 6.62, 6.920, 6.921, 6.9235, 6.9236, 6.9240
Duties of Judges-
6.921, 6.922, 6.9230, 6.9240, 6.56-6.63, 6.67, 6.69, 6.86-6.88, 6.920
Flag displayed 6 47
Notice of, to be posted
Penalties
Persons entitled to vote
6 02
6 03
6.83, 6.86, 6.9230, 6.9233-6.9239
6 9240
670-6.72, 6.74-6.75
6 92391
6 24-6.36
601
621
6 41, 6.42
6 40
6 05-6.19
6 00
Polling places 6 43-6.55, 6.73, 6.89, 6.90
Registration, false 6 05
Special village elections 6 23
Terms of officers 6 20
Time of voting 6 65
Town meetings 6 9241-6.9267
Voters, absentee 6 37-6.38
Voters, certificate 6 76
Voters, canvassing 6 22, 6.920, 6.921, 6.9240
Voters, conduct 6 51
Voting 6 77-6.85, 6.89, 6.90
ELECTRIC LIGHT COMPANIES
Where taxed
7 43
ELECTRICAL SYSTEM
Certain towns may operate 1 711
EMERGENCY VEHICLES
Operation of 17.04
EMINENT DOMAIN
By creamery companies 19.10
By towns 219
511
GENERAL INDEX
EMPLOYES
Entitled to time to vote 6 85
Liability insurance may be furnished 1 18
May be granted vacations 1 66
Of towns —workmen's compensation 1.17
Retirement 190.00
Social Security 190.31
Strike 191.00
Unions 191.01
Widows, wages 190.30
ESTATES
Of decedents, how taxed 7 45
ESTRAYS
Appraisement 110.02
Charges for keeping 110.03
Finder to give notice, penalty 110.01
Money from sale, how disposed of 110.05
Removal, neglect to give notice 110.06
Sale 110.04
Who may take up 110.00
EXAMINATION OF ACCOUNTS
By public examiner 2 58
By public examiner on petition or request 2 61
By town board 170.10
Petition by freeholders 2 61
Requests by town board 2 62
Tax levy to pay cost 2 66
EXPENDITURES
Of township in year, limit 2 33
FAILURE
To list property for taxation 784-7.87
FAIRS
Restaurants, exempt 1 82n
FEDERAL COMMODITY STAMP PLAN 30.40
FEES
For filing liens, etc. 120.02
For filing for town office 6 03
Of pound masters 1 65
Of town clerk 1 63
Of town treasurer 2 05
FENCES
Controversies, how settled 100.05
Divisions by viewers 100.07-100.18
Erection and maintenance of 100.02-100.06
Legal, what are 100.01
On railroad line 15.10-15.15
Removal from public road 9 90
Repairs by complainant 100.03-100.04
Viewers of 100.00-100.18
FINES
How disposed of 10.05-170.21
FIRE APPARATUS
Adjacent towns may own jointly 3 02
512
GENERAL 1NDEX
Exempt from taxation 7 01
Purchase by towns 3 00-3.05
FIRE BREAKS
Tax levy 2 55
FIRE FUND
Tax levy for 3 01
FIREMEN'S RELIEF ASSOCIATION
Constituted, powers, etc. 180.01-180.06
Sick and injured 180.03
FIRE PROTECTION
Agreement with township mutual company 2 98
Certain towns may provide 2 93
Towns may provide 3 00-3.05
FIREWORKS
Traffic is prohibited 2 56
FIRST AID EQUIPMENT
Provided in patrol cars 1 712
FOLIO
Definition of 130.19
FOOD
Adulteration of, penalties 20.43
Frozen foods (note) 20.44
Regulation of manufacture of 19.02
FOREST FIRES
Prevention and abatement 80.00-80.03
FOREST PRODUCTS
Liens on 120.50
FORESTRY AND FIRE PROTECTION
Definitions 80.10
Disposition of fines 80.16
Fire breaks, construction 80.02
Forester may appoint wardens 80.13
Indebtedness for 80.00-80.08
Municipal forests 80.17
Penalties 80.15, 80.14, 80.16
Road overseer's duties 80.12
Town fire apparatus 3 01
Tax levy 80.11
FORMATION
Of new town from territory of others 1 01
FOXES
Bounty for killing 140.05-140.06
FRANCHISE
What persons entitled to 6 00
FRATERNAL ASSOCIATIONS
Property of exempt from taxation 7 01
FRAUDULENT CLAIMS
Against town, a felony 1 88
FUNDS
Distribution by county 810-8.13
Dragging fund 9 54
Investment of 172.10
513
GENERAL INDEX
Fire fund 80.11
Transfer of, by town board 1 72
Revocation of licenses 217
GAMBLING
License revoked 50.081
GARBAGE 20.47
GARNISHMENT
Of town office or employee 2 53
GAS COMPANIES
Property of, where taxed 7 42
GATES
At farm crossing to be maintained by railroads 15.14
GLANDERS
Animals afflicted with, how killed 20.55
Animals afflicted with, not to run at large or be sold 20.62
GOPHERS
Bounties for killing 140.09-140.10
GRAIN ELEVATORS
How taxed 7 39
GRANTS
From U. S. or Minnesota 214
GRAVEL BEDS
Cartway to 12.06
Condemnation of 12.06
GROUND SQUIRRELS
Bounty for killing 140.09-140.10
GUIDE -POSTS
To be erected by towns 2 22
HAWKERS AND PEDDLERS
Not to apply to service men 1 78
HEADLIGHTS
On motor vehicles 17.98
HEALTH OFFICERS
Village councils, county boards and town boards
authorized to employ public health nurses 19.30
Willful obstruction of, penalty 20.41
HEDGES
On highways 12.02
HIGHWAY ENGINEER
County highway engineer 9 33
H I GH WAYS —See Roads
Agreements 11.09
Apportionment 11.02-11.08
County State -Aid 11 - 11.02
Commissioner of 10.n
Crossing by logging railroad 12.12
Definition of 9 02
Grade 10.02
Hedges and trees, cutting, notice, appeal 9 22
Interstate 10.
Lighting by town 1 73
Markings at request town board 914
511
GENERAL INDEX
Patrolmen 10.04
Municipal State -Aid 11.03
Public highways act 9 00
Report by town clerk to auditor 9 51
Seeding along 9 28
HISTORY
Levy for publication 2 131
HOLIDAYS —
What days are 130.19
HOMESTEADS
Classification of property 717
HORSES
Liens against for shoeing 120.12-120.23
HOSPITALS
Contract with, by town board 1 76
Control of state board of health 19.01
HOUSEHOLD GOODS
Assessment 7 17
Exemption from taxation 7 01
Where listed for taxation 7 34
INDEBTEDNESS —See Public Indebtedness
INDIGENT SICK
Care of in hospitals 1 76
INJURY
Insurance of employes 117
To highways, etc. 13.00-12.09
INSURANCE
Liability 1 18-1.20
Township mutuals 2 98, 2.99
INSECT PESTS
Appropriation for control of 3 30
Certificates of indebtedness 3 32
Deposit of proceeds 3 33
INTEREST
Upon taxes, how used 813
INVESTMENT OF FUNDS
General provisions 172.10
Deposit of securities 172.11
Securities not covered by bonds 172.12
IRON ORE
Assessment 7 17
JUDGMENT
Against towns, collection and payment of 2 47, 2.49
JUDGES OF ELECTION
At elections 6 27, 6.38, 6.45, 6.56
At town meeting 6 9248
Vacancies, how filled 6 58
JUSTICES OF THE PEACE
Bond and qualification of 1 55
LAKES —See Waters
LEGAL COUNSEL
To be furnished police officers 2 116
515
GENERAL INDEX
LESSEES
Property of, how listed for taxation 7 20
LEVY
For fire fund 80.11
Limitations 2 36, 2.37
Of taxes 8 01, 8.05
Town taxes 2 28
Township employee salaries 2 531
LICENSES
Chauffeurs, by veteran 18.471
Fair restaurants 1 82n
For carnivals, etc., near cities forbidden 1 67, 1.79
Of billiard tables 1 67, 1.69
Of bowling alleys 1 67, 1.69
Of circuses, shows, etc. 169
Of pool tables 1 67, 1.69
Of public dances 60.00-60.12
Operation, without 1 81
No license for service men 1 78
Void when illegally issued 1 80
LIENS
Corn picking 120.30, 120.31
Fees for filing 120.01-120.04
For wages 120.40-120.42
For service of breeding animals 120A9-120.11
Motor vehicles 120.32-120.36
Of owners of breeding animals 120.11
Of contracts for seed grain 120.05-120.08
Of taxes upon personal property 8 21
Of taxes upon real estate 8 20
Threshers 120.30, 120.31
Upon animals for shoeing 120.12-120.23
Upon land for dynamite 2 83
Upon logs, timber, etc 120.50
Upon personal property 120.60-120.64
Where filed 120.01-120.04
LIGHTS
On horse-drawn vehicles 17.90
On motor vehicles 17.95-18.03
LIMITATIONS
On expenditures 2 33-2.34
Upon amount of indebtedness 4 02, 2.36, 2.37
Upon amount of taxation —towns 2 36
LINE FENCES —See Fences
LISTING FOR ASSESSMENT —See Taxation
Offenses and penalties 20.60
Paratuberculosis, killing of animal 20.56
Reporting contagious diseases 20.53
Sheep, diseased 20.61
Town board to assist 20.51
Tuberculosis, killing of animal 20.55
LIVE STOCK
Assessment of 717
LIVE STOCK SANITATION
Anthrax, death from vaccination 20.54
516
GENERAL INDEX
Appraisals 20.56
Authority of town board 20.52
Disposal of carcasses 20.63
Expenses defrayed by state 20.57
Expenses defrayed by town 20.58
Glandered animals 20.62
Glanders, killing of animal 20.55
Indemnities paid and exceptions 20.56
Tax levy 3 31
Words and phrases 3 34
LOANS —See Public Indebtedness
LOGGING RAILROAD
Crossing highway 12.12
LOST ORDER OR WARRANT
Duplicate may be issued 2 49-2.52
MAGISTRATES
Records of violation of highway traffic act 18.40
MANUFACTURERS
Property of, listing for taxation 7 32, 7.36
MATERIALS
For roads, special railroad rates 12.0E
MERCHANTS
Property of, listing for taxation 7 31, 7.36
MILEAGE
For town officers 1 63
Town officers, automobile 1 64
MINERALS
Assessment and taxation 7 04, 7.17
MISAPPROPRIATION OF PUBLIC FUNDS
Penalty 1 661
MORTGAGES
Given to town for dynamite 2 83
MOSQUITO ABATEMENT ACT
General provisions 19.21
MOTOR BUSSES
Parking on highway 17.66
MOTOR VEHICLES, LICENSE AND TAXATION
Definitions 16.00
Vehicles exempt from license 16.01
Motor vehicles taxes 16.03
Violation —penalties 16.04, 16.05, 16.06, 16.051
Certain Sunday traffic prohibitions 16.09
Operation of vehicles by army, navy 16.15
Rate of gasoline tax 16.13
Registered owner's rights 16.150
Tax, violations 16.03, 16.04
Wheelage tax 16.151
MUNICIPALITIES
May have band (note) 2 23
Municipal forests (note) 80.17
517
GENERAL INDEX
NAMES OF TOWNS
Change of, upon petition 1 09, 1.10
Of towns, how fixed 100
When conflicting, how changed 107
NATIONAL FLAG
To be raised over polling places 6 47
NEW TOWN
Organization 100, 1.01, 1.98
NON INTOXICATING MALT LIQUORS
Municipalities may issue licenses 40.00
Division of fees 40.000
a. "On sale" —privilege and fee
b. "Off sale" licenses, privileges —fee.
c. "On sale" license to railroad companies issued by
liquor control commissioner —privilege —fee.
Manufacturer without license may sell to licensed
dealers hoIding either "on sale" or "off sale".
May deliver direct to consumers at homes.
d. Licenses issued only to citizens of good moral
character who are citizens of II. S.
Federal stamps 40.02
Hours of sale 40.03
Sale to persons under 21 years of age 40.04
License issued for one year 40.05
Penalty for violation of act 40.06
Act does not apply to non -intoxicating malt liquor
of less than one-half of 1% by volume 40.07
Refund portion of license fee 40.13
Sale of food, tobaccos, etc., with malt beverages 40.09
Fermented malt beverages defined 40.10
Samples for analysis 40.11
Violation a misdemeanor 40.12
NOTICE
Animals running at large 110.26
Concerning noxious weeds 70.09
Of change of polling place 6 46
Of closing of polls at election 6 91
Of contagious disease in animals 20.59
Of distraining of beasts doing damage 110.08
Of division of towns into election districts 6 41
Of election, when and by whom given 6 40
Of hearing on formation of towns 1 03
Of hearing, petition for town ditch 150.03
Of meeting, town board of review 7 89
Of proposition to be voted on 1 48
Of resignation of town officer 1 58
Of sale of beasts doing damage 110.12
Of sale of estrays 110.04
Of annual meeting 133
Of special town meetings 1 35
Publication of, definition 130.20
Tax commission, of hearing 7 96
To owners of estrays 110.01
To town officers of election 6 9263
518
GENERAL INDEX
NOXIOUS WEEDS
Australian field cress 70.11
Commissioner of agriculture to administer, etc. 70.00
Cutting of growing crops 70.08
Cutting on highways, streets, and roads 70.04
Definitions 70.01
Destruction 10.15-70.17
Duties of local weed inspectors 70.07
Employees 70.13
Expenses, lien against land 70.09
Inspector's annual report 70.081
Local weed inspectors 70.06, 70.07
Notices 70.09
Occupant or owner of land to destroy 70.02
Railroad companies to destroy 70.03
Threshing machines and rigs to be cleaned before moving 70.05
Trespass 70.18
Violation, penalty 70.10
Work and field operations of commissioners 70.06
NUISANCES
Abatement of 19.19
Defined 20.40
Dogs, when a nuisance 110.20
Remedies against 19.18
NURSES
Public health nurses 19.30-19.36
OATHS —See Election Laws.
By whom and how administered 1 95
Administered by commissioned officers 196
Of town clerk 189
Of town officers 157
OBSTRUCTION
On highways, etc. 12.09, 13.00
OCCUPATIONAL TAX
Classification of property 717
OFFICIAL BONDS —See Bonds
ORDERS —See Warrants
ORDINANCES
Traffic regulation, conformity with State Law 17.06
Penalties, traffic regulation 17.06
ORGANIZATION
Of new town 1 00, 1.01
Town clerk to deliver papers 1 98
PARATUBERCULOSIS
In cattle, etc. 20.56
PARKING ON HIGHWAY
Regulations 17.66-17.69
PARKS
Purchase and maintenance, authorization 115
519
GENERAL INDEX
PARTITION FENCES —See Fences
Viewers and proceedings 100.00-100.18
PAVEMENT MARKINGS
On township highways 2 115
PAVING
Town bonds for 9 52
PAYMENTS
Final on road contract 9 92
PENALTIES
For violation of by-laws on orders 1 15
Peddlers 2 21
PER DIEM
Of town officers 1 63
PERSON
Defined 130.19
PERSONAL PROPERTY
Definition of for taxation 7 05
Listing for taxation 7 30-7.50
What exempt from taxation 7 01
PESTS
Control 3 30-3.34
PETITION
For examination of accounts 2 61
For formation or alteration of towns 1 02
PLAYGROUNDS
Town may operate 186.01-186.04
PLUMBERS
Regulation by certain towns 3 051
PLATS
Authorized 3 20
County Board 3 24
Dedication 3 22
Planning, zoning commission 3 24
Recording 3 23
Survey 3 21
POLICE PROTECTION
Certain towns may provide 2 93-2.97
In certain townships 215
POLLING PLACES
Hours of opening and closing 6 65
POOL TABLES
Licensing of .1.67, 1.69
POOR —See Relief of Poor
POOR HOUSES
How established and maintained 30.23
POPULATION
Defined 130.19
POULTRY
Unwholesome, sale of prohibited 20.44
520
GENERAL INDEX
POUNDS
Maintenance and control of 2 221
Placing of animals doing damage in 110.11
Poundmaster, fees and duties 165
POUNDMASTER
Fees and duties 1 65
POWERS
Joint exercise 177, 185.02
PROPERTY
Sale, by town 121
PUBLIC DANCE HALLS —See Dance Halls
Regulation 60.00-60.12
PUBLIC EXAMINER —See Comptroller
PUBLIC EMPLOYES
Retirement 190.00
PUBLIC HEALTH —See Vital Statistics, Live Stock Sanitation
Adulteration of foods 20.43
Board of health, town 19.04-19.09
Contagious diseases —records, etc. 19.05
Creamery, sewers 19.10
Depositing unwholesome substances 20.46
Disallowance of claims for expenses, appeal from 19.09
Entry by town board for inspection 19.06
Employment of medical and other help 19.07
Expenses, how allowed and paid 19.08
Exposing person with contagious disease 20.48
Garbage, tin cans, etc. 20.47
Health laws, violations 20.42
Impure water 20.49
Local boards of health 19.04-19.09
Meat, protection 20.45
Mosquito abatement act 19.21
Nuisance, defined 20.40
Nuisance, abatement 19.19
Nurses 19.30-19.36
Obstructing health officer 20.41
Offensive trades prohibited 19.12-19.15
Pollution of water 19.16-19.18
Source of filth or sickness 19.19-19.20
State board of health 19.00-19.03
Town board constituted board of health 19.04-19.05
Unwholesome poultry, sale 20.44
Vital statistics 20.00-20.02
PUBLIC INDEBTEDNESS
Advertising for bids 4 08
Application made to the state 4 20
Auditor's levy 411
Bonded indebtedness to be equally divided among
divided towns 415
Bonds, vote in different municipalities 4 06
Bonds, how issued 412
Bonds may be registered 410, 4.18
Bridges, bonds for 4 01
521
GENERAL INDEX
Contents of bond 4 04
Defaced bonds, duplicates of 416
Definitions 4 00
Division between township and village 4 15
Duties of clerk, notice of special election 6 23
Evidences of indebtedness, sold by popular subscription...4.08
Exemptions from taxation 7 01, 7.02
For forest fire prevention 80.00-80.08
For poor relief 30.38
For sewage disposal 4 25
For town halls, roads and bridges 4 01
Funded debt limit 4 24
General provisions 4 01
Limit, debt 4 02
Lost bonds, replacement of 417
Obligations payable serially 4 03
Paving bonds of town 9 52
Penalty 4 19
Purchase of bonds by state, how effected 4 20
Rate of interest 4 05
Refunding bonds 414
Registration 4 10
Report by clerk to county auditor 4 23
Roads, bonds for 4 01
Sale of bonds 4 08
Sale of bonds, how advertised 4 08
Sale of bonds to state, method of 4 20
Sewage, disposal bonds 4 25
Sinking fund 413
Election 4 05-4.07
Surplus in sinking fund may be invested 4 13
Tax must be levied for payment 4 09
Town halls, bonds for 4 01
Vote of electors required 4 06
PUBLIC MONEYS
Public records —presentation 130.21
PUBLIC NUISANCE
Definition 20.40
PUBLIC PLACES
Designation 2 25
PUBLIC PROPERTY
Exempt from taxation 7 01
PUBLIC RECORDS
Defined 130.21
PUBLISHED NOTICE
Definition 130.20
RABIES
Control of 20.64-20.66
RAILROADS
Crossings 15.02
Failure to erect fences and cattle guards 15.11-15.12
Farm crossings and drains 15.14
522
GENERAL INDEX
Gates at farm crossings 15.14
Logging 9 24
To construct farm crossings 15.09
To construct fences and cattle guards 15.10
To erect fences between railroads and roads 15.13
To construct sidewalks 15.01
To erect signs on road crossings 15.00
RANGE MUNICIPALITIES
Dues
ASSOCIATION
1 68
RAMS
Liens for service of 120.09, 120.10, 120.11
Running at large 110.25-110.31
REAL PROPERTY
Conveyance to state 211
Conveyance for public use 2 111 - 2.112
Definition 7 03
For town hall, purchase 115
Homestead 7 17
Joint acquisition 2 20
Listing and assessment 7 08-7.22
Sale of, by town 1 21
RECORDS -See Accounts, Examination of Accounts
Preservation of public 130.19, 130.21
Of contagious diseases 19.05
Of cost of public works 2 29-2.31
Of public indebtedness, by county auditor 4 23
Roads, furnished 10.01
REGULATION -See Motor Vehicles
RELIEF OF THE POOR
Allowance to towns on change from county systems 30.25
Bringing poor into state, penalty 30.13
Care of minors by town board 30.22
Change from county to town system
Change of system, vote thereon
30.31-30.35
30.06
Claim against estate for relief furnished 30.03-30.04
Commitment by county commissioners 30.14
Conveyance to another county 30.16
Conveyance to county farm 30.15
County liability 30.26
County poor house, connection with town system 30.23
County system 30.05
Federal commodity stamp plan 30.40
Hospitals, village council may contract with 2 99
Liability of counties and towns 30.27-30.30, 30.02
Liability of relatives 30.00, 30.01
Members of board not to be interested in contracts 30.21
Municipalities may borrow funds for 30.38
Poor fund 30.33
Powers and duties of board 30.22
Property of indigent person 30.37
Settlement and residence 30.07
Settlement, disputed, how determined 30.08-30.11
State board of control, to cooperate 30.36
523
GENERAL INDEX
Taxes, how levied 30.24
Temporary care in disputed cases 30.12
Town board to be superintendents under town system 30.20
REPORT
Of township highways, by clerk 13.03
Of public indebtedness, by clerk 4 23
To state auditor 1 05
RESIDENCE
Of voter, how determined 6 74
RESIGNATIONS
Of town officers 158
RETIREMENT
Public employees 190.00
REVENUE
Of towns 8 01-8.05
RIGHT OF WAY
For vehicles 17.45-17.50
RIVERS —See Waters
ROADS —See Railroads, use of Highways, Town Roads,
Traffic Regulations
Access 9 08-10.02
Alteration 9 09-13.06
Appeals 13.07
Appropriation of towns, village, borough or city for
expenditure outside 9 07
Authority defined 9 02
Bond, limitation 11.10
Bridges 14.01
Bridges on county and town roads 13.13
Bridges over ditches 13.13
Cattle guards at railway crossings 15.10-15.12
Cartways 13.08-13.09
Commissioner of highways 10n
Condemnation, of gravel beds 911
Condemnation, for roads 11.03
CONSTRUCTION
Construction and maintenance of trunk highways
in cities and villages 10.03
Contracts for bridges and roads 917-10.03
CONTRACTS
Bids 9 17
Payment 9 17
Certificate 9 17
Misdemeanor 9 17
Limitation 11.04-11.10
Controlled access 9 08
County State Aid 11, 12
County aid to towns, villages, etc. 11., 11.10, 12
County highway engineer 11.01-11.02
County roads 12.
Crossing by logging railroad 9 24
Crossings, railway 15.00-15.15
Culverts 9 18
Dedication of land for road 9 05-13.15
524
GENERAL INDEX
Definition 9 02
Designation, state aid roads, revocation 12.01
Detours 9 16
Drainage of roads 918-9.20
Drainage tax, vote 13.05
Drainage of town roads 9 20-13.05
Established roads 9 00-11.00
Establishment, alteration or vacation by town boards13.07
Field notes, plat, etc. 10.01
Final payment on contracts 917
Hedges and trees, cutting, notice, appeal 9 22
Impassable roads —complaint by freeholders 12.02
Injuring highways 9 27-15.001
Lighting of highways 913
MARKING BOUNDARIES
Notice 9 14
Hearing 9 14
Appeal 9 14
Materials, acquisition, sale of 911
Misdemeanors 9 27
Moving buildings over roads 9 26
,Municipal State -Aid 11.03
On mineral lands 910
Overseer eliminated 1 44n
Power of town board 13.02
Powers of commissioner of highways 10n
Powers of county board 11.00
Railroad crossings, etc. 15.00-15.15
Removing snow 9 21
Report to town meeting 13.03
Seeding along highways 9 28
Snow fences 9 211-13.18
Snow removal 9 21-11.09
State aid —how paid 11.02
Strength of bridges 14.03
Taxation for road purposes by towns 212-13.04
Temporary 9 12
Town boards may appropriate 13.03
Town boards may establish 13.02
Town line roads 13.12-13.14
Township line roads, expense 13.13
Trees, hedges 9 22
Trail 9 06
Tunnels under roads 9 25
Vacation of 9 09-9.76
Warning signs by contractor 916
Weeds 9 23
Width of roads 9 04
ROADS AND BRIDGES
Bonds, how issued 4 01
Money for repair and construction 1 15
ROAD SUPERVISORS
Appointment 13.02
To extinguish fires 80.12
SAILORS —SOLDIERS
No license 178
525
GENERAL INDEX
SALES
Of beasts doing damage 110.12-110.14
Of estrays pursuant to notice 110.04
SEAL
Defined 130.19
SEED GRAIN CONTRACTS
Filing, duration of lien, etc. 120.05-120.08
SEPARATION
Of town from village 108
SERVICE MEN
Preference 1 78
SEWERS
Creamery sewers 19.10
SHEEP
Diseased not to run at large 20.61
Worried by dogs, dogs to be killed 110.19
SHERIFF
Defined 130.19
SIGNS
Warnings, by contractor 9 93
SMALLPDX
Prevention of by vaccination 19.02
SNOW
Removal from roads 9 21
Removal agreements 9 21-11.09
Snow fences, erection, maintenance 9 22-13.18
Snow fences, planting as 9 22
SOCIAL SECURITY
Policy, declaration 190.31, 1940.33
SPEED
Of motor vehicles 17.27-17.30
STALLIONS
Liens for service of 120.09-120.11
Running at large 110.25-110.31
STAMP COMMODITIES 30.40
STANDARDS
Of time 130.17
Of weights and measures 130.00-130.16
STATE BOARD OF HEALTH
Appointment, duties, rules, etc. 19.00-19.03
STATE BOARD OF INVESTMENT
May purchase 4 20
STATE FORESTS
Establishment 80.17
STEAMBOATS
How taxed 7 41
STOCKHOLDERS
In banks, how taxed 7 82
STREETS
Naming thereof 214
Repair of village streets 1.71
526
GENERAL INDEX
STREAMS —See Waters
Bounding land, fences along, how constructed 100.9
Prevention of pollution of 19.16-19.18
STRIKES
Adjustment Panel 191.06
Complaint by Employee, Right Not Limited 191.01
Employee Entitled to Establish Fact of No Violation 191.05
Grievance, Right of Employee to Submit 191.02
Public Employees Prohibited From 191.00
Re -Employment of Striking Employee 191.04
Union 191.01
Violation, Penalty 191.03
SUNDAY
Traffic prohibited 10.09
SUNDAY SCHOOLS
Property exempt from taxation 7 01
SUPERVISORS —See Town Board, Town Officers
Compensation 1 63
Duties 1 67
.fudges of election 6 9249
SURETY BONDS
Cost of —by whom paid 170.06
TAXATION —See Assessors, Personal Property,
Real Property, Taxes
Accounting and distribution 810-8.13
Appeal from tax commission 7 99
Assessment —duties of assessor 7 08-7.87-7.16
Bank stocks —national 7 81
Board of review 7 88
Classification 7 17
Definition of personal property 7 05
Definition of real property 7 03
Definition of terms used in tax laws 7 06
Exemptions 7 01, 7.02
Failure to list property 7 84-7.87
For town road purposes 212-13.04
Homestead —rate 7 17
Levy and extension 8 01-8.07
Limitation 2 93, 8.08
Listing and assessment, personal property 7 30-7.51
Listing and assessment, real property 7 08
Listing by corporations, banks, etc. 7 80-7.83
Listing by person sick or absent 7 93
Motor vehicles 16.03
Neglect to list 7 22
Omitted property 7 94
Proceedings before state tax commission 7 96-7.994
Property exempt 7 01, 7.02, 7.19
Property subject 7 00
Rate of levy 8 04
Refinery, Property Used For 7 171
Review and correction of assessments 7 88-7.95
School district 8 09
Town purposes 8 04
Transient merchants 7 51
527
GENERAL INDEX
Valuation 715, 7.16
Veterans' bonus 7 170
TAXES
Cancellation of taxes in certain cases 8.22
Cemetery purchase 1 67
Certified to County Auditor 8 02
Correction in previous levy 2 13
Distribution 8 10 - 8.13
How levied 8 01-8.05
Levy and extension 8 01-8.07
Levy and fire apparatus 3 01
Limit of levy for town 2 36, 2.37, 2.38-2.43, 8.05-8.07-13.04
Miscellaneous provisions 8 20-8.22
Occupational 7 17
Rates for township purposes 1 20
Relief of poor, how levied 30.24
To pay for cemeteries, parks 1 67
To pay judgment against town 2 48
Town fire fund 80.11
Town road drainage tax 13.05
Town road taxes 13.04
TELEPHONE SYSTEMS
Town boards may construct, etc. 2 832-2.90
On roads 9 27
TIMBER
Bounties for growing of 140.00-140.04
TIME
How computed 130.19
Standard 130.17
TOURIST CAMPS
Towns may establish and maintain 1 24-1.27
TOWNS —POWERS AND LIABILITIES
Acceptance of grant 214
Accounts, supervision 2 58-2.66
Adjacent may pool funds for fire protection 3 02
Altering boundaries 102
Cemeteries 2 67-2.79
Contracts —supplies or equipment 2 27
Corporation powers 112
Dissolution 3 06-3.10
Dynamite for stump blowing 2 81-2.831
Fire protection, apparatus 3 00-3.05
Forestry and fire prevention 80.00-80.08
Guide posts 2 22
Hospitals, contracts with 176
Investment of surplus funds 172.10
Joint exercise of powers 1 77
Judgments 2 47
Liability insurance in towns 1 17
Licenses 169, 1.79
Limit of debts and expenditures 2 33, 2.34
Limit of tax levy 2 38
Limitation of powers 113
May convey to state 211
528
GENERAL INDEX
May convey for use of public 2 111
May levy a tax to support a band 2 23
May pay dues to association 1 68
New, organization 101, 1.02
Party in tax appeals 7 96
Pounds 115, 2.221
Power to sell real estate 115
Powers at town meetings 116
Public places 2 25
Sale or lease of realty 1 21
To adopt by-laws 115
To levy tax for town buildings 1 15
To receive conveyances of land 114
Tourist camps 124-1.27
Town charges 2 23
Water from contiguous city 2 92
Workmen's compensation liability 117
TOWN BOARDS —See Supervisors, Towns
As board of health 19.04-19.09
Bathing beaches, regulation 1 84
Cemeteries, control, management 2 67
Compensation of town officers and employes....1.63, 1.65, 1.64
Consent to boxing exhibitions 1 83
Consent to malt liquor license application 40.00
Contract with village for fire protection 3 03
Contracts with hospitals 1 76
Duties as fence viewers 100.00-100.18
Duties as to care of poor 30.20-30.36
Licenses for carnivals, near cities, not to issue 179
Lighting of highways 1 73
May construct tunnels under roads 12.03
May appropriate for roads outside town 9.58
May provide tourist camps 124-1.27
May receive property from indigent person 30.37
Motor vehicles, ordinances concerning speed —
highway act 17.27
Organization, quorum 167
Roads, care and supervision of 13.02
Roads, restricting traffic on 18.28, 18.33, 17.07
Snow fences, erection 9 86
To act on resignation of town officers 1 58
To assist live stock sanitary board 20.51, 20.52
To be board of audit 185-1.88
To be fence viewers 1 74, 1.75
To designate depositories 2 07
To employ public health nurses 19.30-19.36
To fill vacancies in town offices 1 59
To fix amount of officers' bond 1 57
To prosecute official bonds 170
TOWN BUILDINGS —See Town Hall
Purchase, authorization 115
Tax levy for 1 15
TOWN CHARGES
General, what are 2 23
TOWN CEMETERIES —See Cemeteries
Purchase, authorization 115
529
GENERAL INDEX
TOWN CLERK —See Accounts
As fire warden 2 64
Bond and oath 189
Clerk to report the election of town officers
to county auditor 193
Compensation 1 63
Duties as to wolf bounties 140.05
General duties —special duties 192, 3.05
Liability on road payments 917
May appoint deputy 191
May hold office in villages, when 1.90
May take acknowledgments 1 94
Record of duplicate warrants issued 2 49
Record election result 146
Report to county auditor of indebtedness 4 23
To deliver all papers to new towns 1 98
TOWN ELECTIONS —See Elections
TOWN DRAINAGE —See Drainage
TOWN FUNDS —See Town Treasurer
TOWN HALLS —See Town Buildings
Authorization 1 15
Bonds for, how issued 4 04-4.25
Erection of, tax levy for 1 15
Purchase of 115
Taxation 1 23
TOWN LINES
Fences thereon. viewers 100.13
Roads thereon, procedure 9 81
TOWN MEETINGS —See Elections, Town Elections
Adjournment 1 42
Annual, notice 1.33
Business at 138
Canvass and count of votes 1 44, 1.45
Failure to elect 143
First, proceedings at 1 32
Officers of 136
Officers to be elected 144
Organization meeting 1 50
Poll list 1 43
Poll hours 141
Powers of electors at 115
Public places for posting to be designated 2 25
Report to county auditor 1 47
Special, how called and held 134
Special questions, notice of 135
Town board to designate 151
Town clerk to be clerk of 137
Voters at 139
TOWN OFFICERS —See Assessor, Constables, Justices
of the Peace, Poundmasters, Road Overseers, Supervisors,
Town Clerk, Town Treasurer
As fire wardens 2 54
Compensation —mileage 1 63
Compensation, Certain Towns 1 631
530
GENERAL INDEX
Compensation for use of automobiles 1 64
Fees of poundmasters 1 65
Garnishment 2 53
How elected 144
Interest in town contracts 2 26, 2.27
Oath, bond 145
Qualification of, oath, bond 1 57
Resignation 1.58
To receive records from predecessors 1 62
Town clerk, qualification, duties, powers 1 89-1.95
Town superintendent 153-1.54
Town treasurer, qualifications, duties, fees 1 99-2.05
Vacancies, how filled 159
TOWN ROADS —See Roads, Traffic Regulation, Highways
TOWNSHIPS, DISTRESSED
Relief provided for 311
TOWN TAXES —See Taxation, Taxes
Levy for town taxes 2 34, 2.37, 8.04, 8.05
TOWN TELEPHONE SYSTEMS
Town board may construct, etc. 2 832-2.90
TOWN TREASURER —See Accounts
Banks as depositories 2 07
Bond 1 99
Cigarette licenses —receipts from fees 2 06
Compensation 2 05
General duties 2 00
Manner of payments of accounts 2 03
Reimbursement of funds in closed bank 2 08
To pay audited accounts, when and how 2 03
Violation of law, by penalty 2 02
TRAFFIC REGULATION —See Traffic Regulation Act
Arrest for violation 18.32-18.39
Definitions 17.00
Slow moving traffic 17.28
Soliciting rides on highway 17.55
Special permits 18.28
TRAFFIC REGULATION —Highway Traffic Regulation Act
Article 1—Words and phrases defined 17.01
Motor vehicles on highways 17.01
Acts forbidden or required 17.02
Fail or refuse to comply 17.03
Drivers of emergency vehicles —duties 17.04
Riding bicycle, animal or driving animal drawing vehicle17.05
Uniformity 17.06
State highways within corporate limits of municipality17.07
Owner of real estate may prohibit use 17.08
Manual and uniform system 17.09
Traffic control devices 17.10
Place and maintenance of control devices 17.11
Obedience to control devices 17.12
Traffic control signals 17.13
Signals for vehicular traffic 17.14
Unlawful sign, marking, etc. 17.15
531
GENERAL INDEX
Not to remove any device 17.16
Must stop after accident 17.17
Failing to stop, a misdemeanor 17.18
Must give reasonable assistance 17.19
Notify driver and report to police officer 17.20
Notify owner 17.21
Written report to be Sled 17.22
Publish statistics 17.23
Criminal negligence 17.24
Drunken driving -punishment 17.25
Reckless driving -punishment 17.26
Liquor in automobiles 17.261
Speed regulations 17.27
Slow speed 17.28
Speed over bridges 17.29
Speed of emergency vehicles 17.30
Drivers shall keep to right 17.31
Keep to right when meeting 17.32
Overtaking another vehicle 17.33
When one may pass on the right 17.34
Pass to left only when road is visible 17.35
One-way traffic 17.36
Three -lane traffic 17.37
Distance between vehicles 17.38
Intervening space 17.381
Drivers signals -starting, stopping, etc. 17.39
Turning on highway 17.40
Starting parked vehicle 17.41
Give warning of turning -proper signals 17.42
Signal devices 17.43
Signal by hand and arm 17.44
When to yield right-of-way 17.45
Within an intersection 17.46
Stop at thru highway 17.47
Entering from private road 17.4S
Yielding right-of-way to emergency vehicle 17.49
Funeral procession 17.50
Duties of pedestrians 17.51
Pedestrians crossing roadway 17.52
Pedestrian to yield right-of-way 17.53
Pedestrian must move 17.54
Soliciting ride 17.55
Walk near left side of roadway 17.56
Bicycle regulations 17.561
When to pass on left of street car 17.57
Driver overtaking street car must stop 17.58
Safety zone 17.59
Stops at railroad crossings 17.60
Designation of dangerous crossings 17.61
Certain drivers must stop at railroad crossings 17.62
Tractors, steam shovels, etc. crossing railroad 17.63
Designation of thru highways 17.64
Emerging from an alley 17.65
Parking upon highway 17.66
Must move vehicle when ordered 17.67
When and where unlawful parking is permitted 17.68
Parallel parking 17.69
532
GENERAL INDEX
Local ordinances 17.691
Must set brakes 17.70
Must not obstruct driver's view 17.71
Driving through defiles or canyons 17.72
Coasting down grade 17.73
Following fire apparatus 17.74
Driving over fire hose 17.75
Depositing glass, nails, etc. upon highway 17.76
Gate or loading rack on truck 17.77
Hanging tail -gate 17.78
Meeting school bus 17.79
Color of school buses 17.80
Sleds, bicycles, etc. 17.81
Vehicle in unsafe condition 17.82
Television 17.821
Display lights 17.83
Lights required 17.84
Rear light 17.85
Proper lights on vehicles for hire 17.86
Loads extending over rear of vehicle 17.87
Lights on parked vehicles 17.88
Lights on bicycles 17.89
Lights on all vehicles 17.90
Spot lights and auxiliary lights 17.91
Signal light or devices 17.92
Fire equipment lights 17.921
Identification lights 17.93
Cowl, fender, courtesy, and back-up lights 17.94
Driving lamps, requirements and limitations 17.95
Proper distribution of head light or beam 17.96
Lights on vehicles manufactured prior to January 1, 193817.97
Two headlights required 17.98
Other illuminating devices -color required 17.99
Amount, color and direction of light 18.00
Light must be approved by commissioner 18.01
Commissioner authorized to approve 18.02
Commissioner to test and approve or disapprove devices18.03
Brakes 18.04
Service brakes 18.05
Horn 18.06
Muffler 18.07
Mirror 18.08
Windshield 18.09
Tires 18.10
Bumpers 18.11
Flaps 18.110
Safety glass 18.12
Flares required 18.13
Transporting explosives 18.14
Official stations for adjusting lamps 18.15
Testing stations 18.16
Vehicles must be registered 18.17
Size of plates 18.18
Equipment in Lieu of Fenders 18.181
Unlawful to operate vehicle of excessive size or weight...18.19
Width 18.20
Passenger car carrying load 18.21
533
GENERAL INDEX
Height and length, including motor trains 18.23
How to load 18.24
Weights of vehicles 18.25
Weight upon highway bridges 18.26
Officers may weigh vehicles 18.27
Authorities may give permit to move over -size vehicle18.28
Local authorities may prohibit 18.29
Damage to highway 15, 18.30
Violations -penalties 18.31
Persons guilty 18.32
Driving contrary to law 18.33
Person arrested 18.34
Arrested person given notice to appear 18.35
Person not appearing 18.36
Arrest without warrant 18.37
Record not admissible 18.38
Conviction not to impair credibility 18.39
Records of cases kept 18.40
Uniformity 18.41
Title of act 18.42
Excerpt from Chap. 185, G. L. 1935, regulating
motor buses 18.43
Tampering with or damaging vehicles, etc. 18.44
Taking and removing automobiles without
consent of owner 18.45
Use of automobile without permission declared
a felony -auto stealing a felony 18.46
TRANSIENT MERCHANTS
Taxation 7 51
TREES
Bounties for growing 140.00
On highways 12.02
TRUCKS -See Traffic Regulation Act
Truck -tractor defined 16.00
TRUNK HIGHWAYS -See Highways, Roads
Police patrol (note) 9 06
TUBERCULOSIS
Animals afflicted with, how killed 20.55
TUNNELS
Under roads 9 25
UNWHOLESOME SUBSTANCES
Deposit of 20.46
VACANCIES
In town office, how filled 1 59
Persons ineligible 160
VACCINATION
Anthrax, domestic animals 20.54
Regulation of 19.02
VALUATION
Of property, how assessed 715
VEHICLES -See Motor Vehicles Highway Traffic Act
Horse drawn 17.90
534
GENERAL INDEX
VETERANS
Preference 1 78
VIEWERS
Of fences 100.00-100.18
Fences on town line 1 74
Who constitute 175
VILLAGE
Roads, bridges, ferries 15.20 etc.
VITAL STATISTICS
Definitions 20.00
Division of vital statistics 20.01
Registration districts —local registrars —
sub -registrars 20.02
VOTERS
Absent or disabled 6 37
Qualifications 6 00
WAGES AT DEATH
Widows of employees 190.30
WARNING SIGNS
By contractor on highways 916
WARRANTS
Interest 2 04
Issuance by certain towns 2 42
Mutilated, lost or stolen 2 49-2.52
WATER
City may furnish to contiguous town 2 92
Companies, listing for assessment 7 42
Deposit of unwholesome substances in, penalty 19.16-20.46
Improvement 2 16
Prevention of pollution 19.18
Supply of permitted to become impure, penalty 20.49
Water works, in certain towns 2 93-2.97
WATERS
Improvement 2 16
WEEDS
Destruction along roads 9 23-13.16
Noxious, destruction 70.00-70.18
WEIGHTS AND MEASURES
Standards 130.00-130.16
WIDOWS
Wages at death 190.30
WOLVES
Bounties for killing 140.05-140.06
WORKMEN'S COMPENSATION
WRITING
Defined 130.19
Includes employes of towns 117
ZONING REGULATIONS IN TOWNS and RESTRICTIONS
Commission —plats 3 24
Restrictions 1 161
Restrictions, Village 3 40
535
BOOTH'S TOWNSHIP MANUAL 1959, MINNESOTA
THE
TOWNSHIP MANUAL
FOR THE
STATE OF MINNESOTA
I
A COMPLETE GUIDE FOR TOWN OFFICERS IN THEIR
VARIOUS DUTIES UNDER THE LAWS OF MINNESOTA
FORTY-SIXTH EDITION
•
1
LycU
e677- -0-1/67*--141