CHAPTER 475-H. F. No. 539.

An act to amend Section 2635, General Statutes, Minnesota, 1913, relating to rates of speed of motor-vehicles on public highways.

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

Section 1. New rates of speed for motor vehicles in congested districts. That section 2635, General Statutes, Minnesota, 1913, be and the same is hereby amended so as to read as follows:

2635. No person shall drive a motor-vehicle upon any public highway of this state at a speed greater than is reasonable and proper, having regard to the traffic and use of the highway, or so as to endanger the life or limb or injure the property of any person. If the rate of speed of any motor-vehicle, operated on any public highway in this state, where the same passes through the closely built up portions of any incorporated city, town or village, or where the traffic is more or less congested, exceeds ten (10) miles an hour for a distance of one-tenth of a mile, or if the rate of speed of any motor vehicle, operated on any public highway of this state, where the same passes through the residence portions of any city, town or village, exceeds fifteen (15) miles an hour for a distance of one-tenth of a mile, or if the rate of speed of any motor-vehicle operated on any public highway in this state, outside the closely built up business portions, and the residence portions of any incorporated city; town or village, exceeds twenty-five (25) miles an hour for a distance of one-quarter of a mile, such rates of speed shall be prima facie evidence that the person operating such motor-vehicle is running at a rate of speed greater than is reasonable and proper, having regard to the traffic and use of the way, or so as to endanger the life or limb or injure the property of any person.

If the rate of speed of a motor-vehicle, operated on any public highway in this state, in going around a corner or curve in a highway, where the operator's view of the road traffic is obstructed, exceeds six (6) miles per hour, such rate of speed shall be prima facie evidence that the person operating such motorvehicle is running at a rate of speed greater than is reasonable and proper, having regard to the traffic and the use of the way, or so as to endanger the life or limb or injure the property of

any person,

If a licensed physician shall have his motor-vehicle stopped for exceeding the speed limit, while he is in the act of responding to an emergency call, the registration number of the vehicle, and the driver's license number may be inspected and noted, and the physician shall then be allowed to proceed in the vehicle to his

destination, and subsequently such proceedings shall be taken as would have been proper had the person violating the provisions as to speed not been a physician.

Approved April 20, 1917.

CHAPTER 476-H. F. No. 652.

An act to allow deputy clerk hire for clerks of the district court in certain counties of the State of Minnesota Be it enacted by the Legislature of the State of Minnesota :

Section 1. Deputy clerk hire in certain counties of Minnesota. In all counties of the state of Minnesota having a population of less than forty-five thousand (45,000) inhabitants the clerks of the district court of such counties shall be allowed deputy clerk hire to be paid out of the county treasury upon the warrant of the county auditor, the clerk of the district court having first certified to the county auditor that such services have been rendered and are reasonably worth the sum charged, and no allowance for such deputy clerk hire shall be made or received in any case except for services actually rendered: provided that this section shall not apply to any county wherein deputy clerk. hire is now fixed by special law.

Sec. 2. Classification of counties. For the purpose of fixing the amount of deputy clerk hire to be allowed the clerks of the district court the several counties of the state of Minnesota having a population of less than forty-five thousand (45,000) inhabitants are hereby classed as follows:

Such counties having a population of less than seven thousand (7,000) shall be known as class "A"; those counties having a population of seven thousand (7,000) and less than twelve. thousand (12,000) shall be known as class "B"; those counties having a population of twelve thousand (12,000) and less than eighteen thousand (18,000) shall be known as class "C"; those counties having a population of eighteen thousand (18,000) and less than thirty thousand (30,000) shall be known as class “D”;· those counties having a population of thirty thousand (30,000) and less than forty-five thousand (45,000) inhabitants shall be known as class "E".

The county auditor in determining the population of any county for the purpose of ascertaining the amount of deputy clerk hire to be allowed to the clerk of the district court of such county as herein provided, shall take the census of the

year 1910, or any census taken thereafter by the United States or by the state of Minnesota, and add two per cent to the population as shown by the census last taken for each year expiring after the year in which such census was last taken.

Sec. 3. How clerk hire is to be fixed.-The several clerks of the district court shall be allowed an amount of deputy clerk hire for each year, payable from time to time as such services may be rendered and payment therefor be due, from the treasurer of the county out of the revenue fund upon the warrant of the county auditor, as follows: In counties of class "A" the sum of two hundred dollars ($200.00); in class "B" the sum of three hundred dollars ($300.00); in class "C" the sum of four hundred dollars ($400.00); in class "D" the sum of five hundred dollars ($500.00); in class "E" the sum of six hundred dollars ($600.00). Provided, that the judge of the district court of any county in the classes herein set out, may by order, a copy of which to be filed with the county auditor, allow the clerk of the district court of the county such additional sums for deputy clerk hire as may under the circumstances arising seem necessary, just and reasonable.

Sec. 4. Inconsistent acts repealed. All acts and parts of acts, except those wherein deputy clerk hire for clerks of district court is now fixed by special law, inconsistent herewith are hereby repealed.

Approved April 20, 1917.

CHAPTER 477-H. F. No. 833.

An act to amend Section 1231, General Statutes, 1913, relating to the separation from villages or boroughs of unplatted agricultural lands, included within the corporate limits of such villages or boroughs in certain cases.

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

Section 1. Detachment of territory from villages of more than forty acres authorized. That section. 1231, General Statutes, 1913, be and the same is hereby amended so as to read as follows:

1231. The owner of any unplatted tract of land containing not less than forty acres occupied and used solely for agricultural purposes, situated within the corporate limits of any village in this state and not within 20 rods of the platted portion of said village, may petition the board of county commissioners of the county in which said tract of land is situated, for an order detaching said tract from said village. Upon the filing of said petition in the office of the county auditor of said county the board of county commissioners thereof shall, at their next meeting thereafter, fix a time and place for the hearing of such petition, which time shall not be less than thirty days thereafter, and shall direct a notice of such hearing to be issued and signed by the county auditor of said county on behalf of such board,

which said notice shall state the name of such petitioner, describe the tract of land sought to be detached, and the time and place of such hearing, which said notice said petitioner shall cause to be served upon the president of the village council of such village, or the recorder thereof, at least twenty days before the day of hearing, and by posting three copies of such notice in three of the n.st public places in said village, or in lieu of such posting said notice shall be published in the official paper of such village for two successive weeks, once in each week, in case there shall be a legal newspaper printed and published in said village. Upon the hearing of said petition at the time and place so fixed, if the board of county commissioners shall find that said land is owned by the petitioner and is used solely for agricultural purposes and that the same may be so detached from said village without unreasonably affecting the symmetry of the settled portion thereof, and that the same is so conditioned as not properly to be subjected to village government or is not necessary for the reasonable exercise of the police powers or other powers or functions of such village, such board of county commissioners shall make an order detaching such land from said village and thereupon said tract of land shall become detached therefrom, and shall thereafter form a part of the township in which it was originally situated, and shall in all things be subject to the town government of such township, and not in any manner under the jurisdiction of such village, and such order shall be filed in the office of the county auditor of such county and a duplicate thereof shall be filed in the office of the village recorder of such village within five days after the same shall have been made. Provided, that this act shall apply only to villages containing more than twelve hundred and eighty acres of land.

Approved April 20, 1917.

CHAPTER 478-H. F. No. 957.

An act to amend Section 4835, General Statutes, 1913, relating to the taking and catching of game fish and rough fish, by set lines, in the waters of the St. Croix river, including that part thereof known as Lake St. Croix, the waters of the Mississippi river, below the mouth of the St. Croix river, including that part thereof known as Lake Pepin.

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

Section 1. Licensing for catching rough fish and set line not to contain more than 300 hooks.-That section 4835, General Statutes 1913, be and the same is hereby amended so as to read as follows:

Section 4835. Any person duly licensed so to do may take and catch rough fish during the open season for game fish by means of a set line. No set line shall have more than three hundred hooks thereon and such hooks shall not be baited with frogs, minnows, or live bait. No person shall use or set more than one set line.

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

Approved April 20, 1917.

CHAPTER 479-H. F. No. 976.

An act to amend Section 2543, General Statutes, 1913, relating to town roads.

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

Section 1. Wagon bridge to island authorized constructed at expense of owner, but to be approved by town board.-That section 2543, General Statutes 1913, be and the same hereby is amended so as to read as follows:

2543. One or more owners may dedicate land for a road or cartway by making application therefor, in writing, to the town board, describing the land and the purpose of its dedication, and filing such application with the clerk. The clerk shall present the same to the town board which, within ten days after such filing, may make an order declaring the land described to be a public road or cartway. When so declared, such land shall be deemed duly dedicated for the purpose expressed in the application, and no damages shall be assessed therefor. Any person owning land to exceed forty acres constituting part of an island within any meandered lake may, at his own expense, erect a wagon bridge across such portion of the lake as may separate his land from the nearest town road on shore, provided such structure shall not interfere with the use of that part of the lake for the passage of such water craft as would otherwise pass that point, but before proceeding with the construction of such bridge, proper plans and specifications therefor shall be prepared and submitted to and approved by the town board of the township in which such bridge is to be constructed.

Upon the completion of any bridge constructed in accordance with the provisions of the preceding paragraph, the town board shall examine and approve the same and shall indorse such approval upon the plans and specifications therefor, and thereupon the same shall be filed in the office of the town clerk of the township in which such bridge is located and such bridge shall thereupon become a part of such town road and open to the use of the public as such.