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Sec. 2. The supervisor, treasurer, town clerk, assess- oficers how or, justices of the peace, constables and overseer of the chosen poor, in each township, shall be chosen by ballot. All other officers not otherwise provided by law, shall be chosen either by yeas and nays, or by dividing the electors as the electors may determine.

SEC. 2. That section one (1) of article seven (7) of said Act be amended to read as follows: Sec. 1. Whenever any town shall fail to elect the

Vacancies how proper

number of town officers to which such town may filled be entitled by law, or when any person elected to a town office shall fail to qualify as such, or whenever any vacancy shall happen in any town office, from death, resigpation, removal from the town, or other cause, it shall be lawful for the justices of the peace of the town, together with the board of supervisors, or a majority of them, to fill the vacancy or vacancies occasioned or occurring in consequence of any or either of the causes above specified, by appointment, by warrant under their hands, and the persons so appointed shall hold their offices until the next annual town meeting, or until others are chosen or appointed in their places, and shall have the same powers and be subject to the same duties and penalties as if they had been duly chosen by the electors.

Sec. 3. That section four (4) of the same article be amended so as to read as follows:

The board of supervisors of any town may, for sufficient cause shown to them, accept the resignation of any May accept resa town officer in their town, and whenever they shall ac- ignations cept any such resignation, they shall forth with give notice thereof to the town clerk of the town.

Sec. 4. This act shall take effect and be in force from and after its passage.

Approved March 7th, A. D. 1861.

CHAPTER VIII.

An Act to Amend an Act Defining the Duties of Coun

ty Surveyors.

SECTION 1. Amendment to Section 5 of the “ Act defining the duties of County Survey.

ors-per diem of County Surveyors.
2. Amendment to Section 10. Directions for County Surveyors.
3. Amendment of said Act by addition of Sections 11 and 12-repeal of the Act

regulating compensation.
4. Duty of Surveyor in case of original posts destroyed.

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

SECTION 1. That section five of the “act defining the duties of county surveyors," on page one hundred and sixty-seven of the public statutes, be and the same is

hereby amended, by adding at the end thereof the folPer diem of Sur- lowing words : “ for every day engaged in surveying, veyors

laying out, altering or examining roads, or routes for roads, a sum not exceeding three dollars per day, during all the time that he may be so engaged.

SEC. 9. That section ten of said act be and the same

is hereby amended so as to read as follows: "(ninety-two) Directions for Section ten. Whenever a surveyor is required to make Surveyors

a subdivision of a section, as established by the United States survey, he shall proceed as follows, whether the section be fractional or not, excepting on the northern and western tier of sections of those townships whose northern boundary is a 'standard parallel,' or correction line, hereinafter provided for, commencing at either quarter section corner of the section, he shall run direct lines to the opposite quarter section corner of the section, and at the intersection of said lines he shall establish a common centre therefor, at which a post marked "7 S.' on opposite sides, with a suitable instrument, shall be firmly fixed and driven into the ground, and if practicable two bearing trees shall be marked in the same manner, and their course and distance from the said post noted in the plat and field notes.

In those townships whose northern boundary is a 'standard parallel' or correction line, but on which no section posts are established

for the sections adjoining it on the south by the United States surveyors, the county surveyor, whenever required to subdivide such sections, shall establish a quarter post on such standard parallel' or correction line, equi-distant from the section posts established at the intersection of the parallel by the section lines south; such quarter post to be marked only on the side facing the south and (when practicable) two bearing trees marked and their course and distance from such quarter post duly noted; the subdivision of such sections may be proceeded with as hereinbefore directed."

Sec. 3. That said act be and the same is hereby amended by adding the following sections at the end thereof, viz: (ninety-three) Section eleven. Any less Additional secsubdivision than a quarter section shall be made in the tions following manner: If the quarter section be not fractional, as follows: having established the one-eighth section corner at the equi-distant points between the adjacent corners of the quarter section, he shall establish a common centre therefor at the intersection of direct lines between said one-eighth section corners. Any subdivision of the fractional northeast and northwest quarter sections on the north boundary, and of the fractional northwest and southwest quarter sections, on the west boundary of townships, shall be made by ascertaining the distance by measurement from the quarter section posts to the north and west boundaries respectively, and as the distance found is to the original distance returned, according to the United States field notes, so is the proportion of that distance by measurement from the quarter section posts north and west respectively more or less than twenty chains for the required length of the south half of the northeast and northwest, and the east half of the northwest and southwest quarter sections. (Ninetyfour.) Section twelve. The act passed May twenty-third, one thousand eight hundred and fifty-seven, entitled “an Repeal of Act act to regulate the compensation of county surveyors in regulating comthe Territory of Minnesota," and found on page one pensation hundred and sixty-eight of the public statutes, and all acts and parts of acts inconsistent with the provisions of this act be and the same are hereby repealed.

SEO. 4. If the quarter section, or section posts, as originally fixed by the United States survey, be destroyed, it shall be the duty of the surveyor to fix a new post

Duty in case original posts destroyed

on such land as he may be called upon to survey, with similar marks to those placed on like posts by the United States surveyors, graved therein; said posts to be fixed in accordance with the government field notes; but this act shall not affect the legality of any surveyor's proceedings previous to the passage of this act, which shall take effect and be in force from and after the passage thereof.

Approved March second, A. D. 1861.

CHAPTER IX.

An Act to amend " An Act to provide that Copies of

Records in the Office of Register of Deeds, may be admissible in evidence,passed March third, 1855.

SECTION 1. Amendments to the Act passed 3, 55.

2. Patents issued by the Government of the United States allowed to be re

corded. 3. Duplicates of such Patents may be recorded and received in evidence as

original Patents. 4. The word “Investments” stricken out and the word " instruments" inserted

instead.

previous act

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

SECTION 1. That the Act passed by the Legislative Amendment to Assembly of the Territory of Minnesota, March 3, 1855,

entitled “ An Act to provide that copies of Records in the office of Register of Deeds, may be admissible in evidence,” and being published on page six hundred and eighty-eight of the Public Statutes, be amended by adding thereto the following:

Patents issued by the Government of the UniPatents may be

ted States, of land being in this state, shall be allowed to be recorded in the office of the register of deeds, in the county in which the land described in the Patent is situated.

Sec. 3. Duplicates of such Patents from the record thereof, in the general land office of the United States, duly certified to by the commissioner of said office,

recorded

shall be admitted to be recorded in like manner as the Duplicates may original patent, and that the records of such patent or be recorded duplicates when so recorded, and the records of all patents or duplicates heretofore recorded and copies thereof duly certified to, as provided in section one of the Act hereby amended, may be read and received in evidence in all the courts of this State, in like manner and effect as original patents.

SEC. 4. The word "investments," wherever it occurs in said Act, is stricken out, and the word "instru-Change of word ments” inserted instead thereof.

Approved February 15, A. D. 1861.

CHAPTER X.

An Act Amending " An Act Concerning Alienation by

Deed, of the Proof and Recording of Conveyances, and the Cancelling of Mortgages.

SEOTION 1. Amendment to Section 10, Chapter 35 of Public Statutes. Certificate of

clerk or other proper certifying officer to be attached to deeds. 2. Act when to take effect.

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

SECTION 1. That section ten, (10) chapter thirty-five (35) of the Public Statutes be amended so as to read as follows:

Sec. 10. In the cases provided for in the last preceding section, unless the acknowledgment be taken before a commissioner appointed by the governor of this state for that purpose, or before a notary public, or other officer Certificate to be having a seal of office, and the acknowledgment afore-attached to dedis said be certified upon such deed by such officer, and his seal of office be attached to such certificate, such deed shall have attached thereto a certificate of the clerk or other proper certifying officer of a court of record of the county or district within which such acknowledgment was taken, under the seal of his office, that the person

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