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premises, without permission or authority, shall be deemed guilty of trespass, and, upon conviction thereof, shall pay a fine of not less than five dollars nor more than twenty dollars for each offence, and, in default of payment thereof, to be imprisoned to [in] the county jail not less than ten nor more than thirty days. (1875, c. 135. § 4.)

*§ 28. Jurisdiction of justice of peace. Justices of the peace shall have jurisdiction to hear, try and determine all cases arising under this act, except when the damages claimed exceed one hundred dollars. (Id. § 5.)

* 29. Fish-ways to be constructed where waters are artificially obstructed. Every artificial obstruction built upon and across any river, stream or watercourse in this state, before the building of which fish were in the habit of passing from the waters below to the waters above the location of such artificial obstruction, shall be provided by the owner and occupant of such obstruction with a durable and suitable fish-way for the passage of fish, of such form and capacity, and in such location, as may be determined by the fish commissioners of this state, who, when they shall have determined upon the form, capacity and location of any such fish-way, shall give written notice thereof to one or more owners or occupants of the obstructions over which such fish-way is to be built, and require the same to be built within a time to be therein specified: providing that this act shall not apply to streams the beds and banks of which are owned by the person causing such artificial obstruction. (1878, c. 89, § 1.) *$ 30. Fishways to be kept open and in repair. After the completion of any fish-way to the satisfaction of the fish commissioners, the owners and occupants shall alter and keep it in repair and open and free from obstructions to the passage of fish, in such manner and during such period as the fish commissioners shall require; and if no period shall be specified by such commissioners, it shall be kept open and free from the first day of April to the first day of October in each year; and every person who shall neglect to comply with any of the provisions of this section shall be fined not less than five nor more than twentyfive dollars for each day of such neglect. (Id. § 2.)

*§ 31. Penalties for not building fishway. If such fish-way is not built and completed to the satisfaction of the fish commissioners within the time specified by them, the owner or occupant shall be fined not less than five dollars nor more than twenty-five dollars for every day between the first day of April and the first day of October during which such fish-way shall remain incomplete after the expiration of the time fixed by such notice. (Id. § 3.)

*$ 32. Penalty for fishing near fishways. Every person who shall take any fish within four hundred feet of any fish-way shall be fined not less than twenty-five dollars, nor more than one hundred dollars. (Id. § 4.)

*$ 33. Fines, how disposed of. All fines collected under the provisions of this act shall be paid into the state treasury, to be expended by the fish commissioners in the propagation and preservation of fish in this state. (Id. § 5.)

*§ 34. Olmsted county exempted. Chapter one hundred and twenty-five of the session laws of one thousand eight hundred and seventy-five, entitled an act for the preservation and protection of fish, is hereby repealed: provided, the county of Olmsted shall be exempted from the provisions of this act. (Id. § 6.)

NOTE. The following acts, printed among the general laws, regulate the taking of fish in the places named therein.

Hennepin, Ramsey and Washington counties.
Watonwan county.

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Watonwan county.

c. 43.

Rice, Scott and Dakota counties.

1875, c. 127.

Meeker county.

c. 128.

Isanti and Chisago counties.

c. 130.

Carver county.

c. 131.

Freeborn county.

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The following acts, printed among the special laws, relate to the same subject.

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The following special acts regulate the pursuit of game in certain counties.

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1. Standard weights and measures, what are. The standard weights and measures received from the secretary of state of the United States, and all scale-beams, weights and measures owned by this state, shall be deposited in the office of the state treasurer, who shall receive and preserve the same.

2. State treasurer to be sealer of weights and measures for state. The state treasurer shall be the sealer of weights and measures for the state. He shall try and prove by said standards all weights and measures, scales or beams sent or brought to him for that purpose by any county sealer, and shall seal such, when found to be accurate, by stamping upon them the letters "Min." with a seal he shall have and keep for that purpose.

§3. Treasurer to be sealer of each county. The treasurer of each county shall be the sealer of weights and measures for the county. He shall procure, at the expense of the county, (if not already provided,) a full set of weights and measures, scales and beams, which he shall cause to be tried, proved and sealed by the state standard, and certified by the state treasurer; and the county treasurer for the time being, once in every five years from the first day of January, eighteen hundred and sixty-five, shall cause the standards in his keeping to be tried, proved and sealed by the state standards, under the direction of the state treasurer. Such weights and measures, when so sealed and certified, shall be deposited in the office of the county treasurer as the county standards, by which he shall try and prove all scale-beams, steelyards, weights and measures brought to him for that purpose, and shall seal such, when found to be accurate, by stamping upon them the letters "Min." with a seal he shall have and keep for that purpose. And for each trying and proving, whether sealed or not, he shall receive a fee of five cents for every scale-beam, steelyard, weight

or measure.

§ 4. Power of county treasurer to appoint deputy sealers. The county treasurer of each organized county shall have power to appoint in writing a deputy sealer of weights and measures for each railroad station and wheat market in his county, each of which appointments shall be recorded in the office of register of deeds, and thereupon each of said deputies shall have all the powers, and shall be competent to perform all the duties, of such office, and shall, in case of wilful neglect or refusal to faithfully discharge the duties required of him by law, be punished in accordance with the provisions of this act relating to the office of sealer of weights and measures. (As amended 1874, c. 76, § 1.)

85. (SEC. 6.) Dimensions of measures for selling charcoal. Every basket or other measure by which charcoal is sold shall not be less in its average diameter than twenty inches, and of sufficient depth to contain four thousand eight hundred and thirty-nine cubic inches, which shall be accounted two bushels.

86. (SEC. 7.) Same-for selling meal, etc. All measures by which meal, fruit, and other commodities are usually sold by heaped measure, excepting charcoal, shall be of the following dimensions: The bushel not less in its inside diameter than eighteen and a half inches, the half bushel not less in its inside diameter than thirteen and three-quarter inches, the peck not less in its inside diameter than ten and three-quarter inches, and the half-peck not less in its inside diameter than nine inches, which shall be heaped as high as may be without special effort or design.

87. (SEC. 8.) Same-for selling milk. The standard measure by which milk is sold, shall be two hundred and eighty-two cubic inches to the gallon, and its subdivisions in the same proportion.

§ 8. (SEC. 9.) Commodities-how weighed. When any commodity is sold by the hundred-weight, it shall be understood to mean the net weight of one hundred pounds avoirdupois, and all contracts concerning goods or commodities shall be construed accordingly, unless such construction is manifestly inconsistent with the special agreement of the parties contracting.

§ 9. (SEC. 10.) Measurement of wheat, rye, etc. Whenever wheat, rye, indian corn, oats, barley, potatoes, clover seed, buckwheat, dried apples or dried peaches are sold by the bushel, and no special agreement as to the measure or weight thereof is made by the parties, the measure shall be ascertained by weight as follows: Sixty pounds for a bushel of wheat, clover seed or potatoes; fiftysix pounds for a bushel of rye or indian corn; thirty-two pounds for a bushel of oats; forty-eight pounds for a bushel of barley; forty-two pounds for a bushel of buckwheat; and twenty-eight pounds for a bushel of dried apples or dried peaches.

*§ 10. Measurement for lime. That whenever any lime shall be sold by the bushel or barrel, and no special agreement as to the weight or measure thereof is made

by the parties, the measure shall be ascertained by weight as follows: Eighty pounds for a bushel, and two hundred pounds for a barrel of lime: and when sold by measurement, the standard bushel shall contain twenty-six hundred and eighty-eight cubic inches. (1875, c. 87, § 1.)

§ 11. Weights and measures to be sealed-Penalty for failure-disposition of fines. All persons engaged in any business, trade or occupation, requiring the use of weights or measures, shall, on or before the first day of June annually, cause to be tried, proved and sealed by the sealer of weights and measures in their respective counties, all scale-beams, steelyards, weights or measures, used by them in buying or selling any goods, wares, merchandise, grain, or other commodities. If, after the expiration of three months from the passage of this act, any person shall buy, sell or dispose of any goods, wares, merchandise, grain, or other commodities, by any scale-beams, steelyard, weight or measure, not proved and sealed in accordance with the provisions of the law to which this is amendatory, or shall fraudulently buy, sell or dispose of any goods or commodities, wares, grain or merchandise, by any scale-beam, steelyard, weight or measure that has been sealed, but is unjust, shall be deemed guilty of a misdemeanor, and, upon conviction thereof by any court having competent jurisdiction, shall be fined not less than five, nor more than one hundred dollars; and upon neglect or refusal to pay such fine and the costs of prosecution, the court before whom the accused shall have been tried shall commit him to the county jail until such fine and costs are paid, or he is discharged by due course of law. And for the purpose of enforcing the law, it shall be the duty of the sealer of weights and measures, or his deputy, upon the written request of any aggrieved person, and upon the payment to him in advance by such person the sum of one dollar, and the further sum of twenty cents per mile for going and returning, as travelling expenses, to examine and test any weights or measures used within his county, whether the same shall have been before tested, proved and sealed or not, at any time when called upon, and without previous notice to the person or party complaimed of. And, if such sealer of weights and measures, or any deputy sealer of weights and measures, shall directly or indirectly give previous notice or information to the party complained of, of such examination, in any manner whatever, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by fine not less than fifty nor more than one hundred dollars, or by imprisonment in the county jail for not less than thirty nor more than ninety days, or by both fine and imprisonment in the discretion of the court. All fines collected under the provisions of this act shall be paid over to the county treasurer for the benefit of the school fund of the county where the action is brought. (As amended 1874, c. 76, § 3.)

§12. Penalty for neglect of sealer to procure weights, etc. If the treasurer of any county, or the sealer of weights and measures for any township, neglects to procure, not already provided) a set of weights and measures for such county or township, in compliance with the provisions of this chapter, he shall, upon conviction thereof by any court of competent jurisdiction, forfeit a sum not exceeding one hundred dollars to the use of the county.

§13. Action against sealer, how instituted. No action shall be commenced against any county or township sealer, for neglecting to procure the sets of weights and measures as required by law, until the person proposing to bring such action gives such sealer notice in writing of his intention to commence such action, at least twenty days prior thereto. And if such weights and measures are provided in accordance with the requirements of law, within twenty days from such notice, then such action shall not be commenced.

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SECTION.

CHAPTER XXII.

OFFICIAL SEALS.

1. Great seal-to remain a public record. 2. Device on official seals-size of same.

SECTION.

3. Judge may authorize use of temporary seal, 4. Seal of notaries public.

§1. Great seal to be deposited with secretary of state. The seal heretofore used as the seal of this state, shall be the seal thereof; and a description in writing of the same shall be deposited and recorded in the office of the secretary of state, and remain a public record.

§2. Device on official seals-size of same. Upon every seal of a court or officer authorized or required to have a seal, there shall be engraved the same device that is engraved on the great seal of the state, together with the name of the court or office in which the seal is to be used; and all such seals shall be one inch and five-eighths of an inch in diameter.

§ 3. (SEC. 4.) Judge may authorize use of temporary seal. When any court of record is unprovided with a seal, the judge of said court may authorize the use of any temporary seal, or of any device by way of seal, until the same is provided as aforesaid.

§ 4. (SEC. 5.) Seal of notaries public. Nothing in this chapter shall be construed to prevent notaries public from using their present seal: provided, that if the same does not conform to the provisions of section two of this chapter, it shall not be lawful for any notary public to use the same in case of his reappointment.

CHAPTER XXIII.

OF MONEY, BONDS, BILLS OF EXCHANGE AND PROMISSORY NOTES.

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§1. Rate of interest. Interest for any legal indebtedness shall be at the rate of seven dollars upon one hundred dollars for a year, unless a different rate is contracted for in writing; and all contracts shall bear the same rate of interest after they become due as before, if it clearly appears therefrom that such was the intention of the parties; but no contract for a greater rate of interest than twelve dollars upon one hundred dollars for a year, shall be valid for the excess of interest over twelve per cent.

2 M. 302 (350); 3 M. 238 (339); 246 (347); 15 M. 217; 21 M. 415, 530; 22 M. 19,341; 23 M. 84.

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