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without having the oil inspected, he shall be deemed guilty of a misdemeanor, and he shall be subject to a penalty in any sum not exceeding five hundred dollars, nor less than one hundred dollars, or be imprisoned in the county jail for a term not exceeding six months, or both, at the discretion of the court. (1876, c. 90, § 4.)

§119. Complaints for violation of law. It shall be the duty of the state inspector and of every deputy inspector who shall know of the violation of any of the provisions of this act, to enter complaint before any court of competent jurisdiction against any person so offending; and all justices of the peace within their respective counties shall have power to order any person violating any of the provisions of this act to enter into a recognizance, and with sufficient sureties in such sum as to them may seem proper, for his appearance at the next term of the district court, to answer to such complaint or charges as may be made against him. (Id. § 5, as amended 1878, c. 37, § 1.)

*§ 120. Inspector, etc., not to deal in oil. No inspector or deputy inspector shall, while in office, traffic directly or indirectly in any article which he is appointed to inspect. For the violation of this section he shall be liable to a penalty not exceeding one thousand dollars. (Id. § 6.)

*$121. Penalties for vending or using inferior oil-gas may be used. No person shall fraudulently adulterate, for the purpose of sale or use, any kerosene or coal oils to be used for illuminating purposes; nor shall any person knowingly sell or offer for sale, or knowingly use, any kerosene or coal oils, or any of the products thereof, which, by reason of being adulterated, or for any other reason, will, at the temperature of one hundred and ten (110) degrees of Fahrenheit's thermometer, emit an explosive vapor or gas, or be deficient in quality for illuminating purposes: provided, that the quantity used for tests shall not be less than one-half pint; and provided further, that the gas or vapor from said oils may be used for illuminating purposes, when the oils from which said gas or vapor is generated are contained in reservoirs outside the building illuminated by such gas. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by imprisonment in the county jail not more than one year, or by a fine not exceeding five hundred dollars, or by both fine and imprisonment, in the discretion of the court. (Id. § 7, as amended 1877, c. 71, § 1.)

*$122. Inspection of oils at railroad or river stations. All oils in quantities less than fifty barrels shall be inspected at a railroad or river station, unless the party requesting such inspection shall pay the inspector in advance in addition to the compensation heretofore provided by law, ten cents per mile for each mile necessarily travelled in going [to] and returning from the place where such inspection is to be made, the distance to be computed from the place of residence of such inspector. Said inspector and each of his deputies is also authorized and empowered to enter, during business hours, without being requested so to do, into any store, shop, yard or warehouse, or other place in which he believes oil uninspected or unsafe for illuminating purposes are found, and inspect and test such oils, and to mark in the manner herein before provided the packages or barrels inspected; and in such cases the inspector shall be entitled to demand and receive from the owner or claimant of the oil inspected the same fees and mileage as in other cases herein prescribed. Any person or persons who shall sell or refill an empty cask or barrel having the inspector's brand "approved" thereon, without first erasing the brand, shall be guilty of a misdemeanor, and shall be subject to the penalty provided in the last part of section four (4), of this act. (Id. § 8, as amended 1878, c. 37, § 1.)

*§ 123. Actual test to be marked in plain figures. It shall be the duty of the state inspector to mark in plain figures on each package the actual test of oil contained in each barrel, cask or package inspected by him or his deputies, indi

cating at what temperature of Fahrenheit's thermometer the same would emit an explosive gas or vapor. (1877, c. 71, § 2.)

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*§1. 1. The salary of the governor is hereby fixed at three thousand eight hundred dollars per annum, which shall include house rent. (1878, c. 70, §1.)

2. The salary of the secretary of state is fifteen hundred dollars per annum, and in addition thereto he shall receive the sum of three hundred dollars per annum for superintending the public printing. (1867, c. 101, § 1, as amended 1874, c. 111, §1.)

3. The salary of the state auditor is hereby fixed at two thousand dollars per annum. (1878, c. 70, § 1.)

4. The salary of the state land commissioner is one thousand dollars per annum. (1867, c. 101, § 1, as amended 1871, c. 111, §1.)

5. The salary of the state treasurer is three thonsand five hundred dollars per annum. (1867, c. 101, § 1, as amended 1874, c. 111, §1.)

6. The salary of the attorney general is hereby fixed at two thousand dollars per annum; and, in addition thereto, he shall receive ten dollars per day for each and every day of actual and necessary attendance upon court. (1878, c. 70, §1.)

7. The salary of the adjutant general is fifteen hundred dollars per annum; and, in addition thereto, such sum or sums of money as may be by him necessarily expended in the care and management of the arms and other military equipments belonging to the state. (1867, c. 101, § 1, as amended 1874, c. 111, §1.)

8. The salary of the state librarian is hereby fixed at fifteen hundred dollars. (1878, c. 70, § 1.)

9. From and after the passage of this act the salary of the governor's private secretary shall be one thousand five hundred dollars per annum. (1870, c. 40, § 1.)

10. The salary of assistant secretary of state is one thousand dollars per annum. (1867, c. 101, § 1.)

11. The salary of the chief clerk in the state auditor's office for the year one thousand eight hundred and seventy, and annually thereafter, shall be fifteen hundred dollars. (1870, c. 41, § 1.)

12. That the salary of the deputy state treasurer be fixed at fifteen hundred dollars per annum. (1878, c. 71, § 1.)

13. That the salary of the clerk of the state land office for the year one thousand eight hundred and seventy-seven, and thereafter, be fixed at fifteen hundred dollars per annum. (1877, c. 100, § 1.)

14. The salary of state treasurer's clerk is one thousand dollars per annum. (1867, c. 101, §1.)

15. The salary of adjutant general's clerk is twelve hundred dollars per annum. (1867, c. 101, § 1.)

16. That the salary of the janitor for the year eighteen hundred and seventy-five, and thereafter, be fixed at twelve hundred dollars per annum. (1875, c. 107, § 1.)

17. The salary of night watchman of the capitol is six hundred dollars per annum. (1867, c. 101, § 1.)

18. The judges of the supreme court shall each receive a salary of four thousand dollars per annum. (1875, c. 136, § 1.)

19. The salary of the clerk of the supreme court is hereby fixed at fifteen hundred dollars per annum, to be computed at that rate from and after January first, A. D. eighteen hundred and seventy three. (1873, c. 111, § 1.)

20. The salary of supreme court reporter is six hundred dollars per annum. (1867, c. 101, §1.)

21. The salary of attorney general's clerk is two hundred dollars per annum. (1867, c. 101, §1.)

22. The salary of the insurance commissioner's clerk is hereby fixed at twelve hundred dollars. (1878, c. 70, §1.)

For salary of lieutenant governor see ante, c. 3, § 16.

For salary of the railroad commissioner, and that of his clerk, see ante, c. 6, § 68.

For salary of insurance commissioner, see post, c. 34, tit. 6.

For salary of superintendent of public instruction, and that of his clerk, see post, c. 36 § 51.
For salary of the warden and deputy warden of the state prison, see post, c. 120, § 42.
For salary of the public examiner, see ante, c. 6, § 96.

For salary of the commissioner of statistics, see ante, c. 6, § 88.

For salary of the clerk of the secretary of state, see ante, c. 6, § 12.

TITLE 2.

OF DISTRICT OFFICERS.

*§ 2. Judges of district court. The salary of each of the judges of the district court is two thousand five hundred dollars per annum. (As amended 1867, c. 100, § 1.)

TITLE 3.

OF COUNTY OFFICERS.

§3. Salary of county attorneys. The county attorneys shall receive a salary of not exceeding twelve hundred dollars per annum, to be fixed by the board of county commissioners, and paid quarterly from the treasury of the county, upon the warrant of the county auditor: provided, that any county attorney feeling himself aggrieved by the act of the county commissioners in fixing such salary, may appeal to the district court of the proper county, by filing with the county auditor thereof a notice of such appeal, within thirty days after such salary shall have been so fixed by such board of commissioners, or, in case the same shall have been fixed at any time prior to the passage of this act, then within thirty days after the passage thereof. And the judge of said court, upon such appeal being taken as aforesaid, shall, either in term time or in vacation, upon the application of such attorney, eight days notice thereof being given to the chairman of such board of commissioners or the county auditor, proceed to determine such appeal in a summary manner, and shall

allow such sum for such salary as he shall deem just and reasonable (not exceeding twelve hundred dollars per annum,) and shall make an order therefor, to be filed in the office of the county auditor; and the amount so determined upon shall be the salary of such county attorney, from the time of the fixing of the salary by such county commissioners from which such appeal was taken, to the end of the term for which such salary was so fixed, and for which such county attorney was elected, unless altered or changed by such court or judge, for good cause shown. (As amended 1870, c. 33, § 1.)

§4. County auditor and superintendent. The salary of the county auditor and county superintendent of schools shall be fixed and determined by the board of county commissioners and paid from the county treasury.

For salary of county auditor, see post, c. 8, § 142.

For salary of county treasurer, see post, c. 8, § 172.

For salary of county superintendent, see post, c. 36, § 61.

*§ 5. Judges of probate, salary fixed by population of county. There shall be allowed and paid to the several judges of probate in this state, in lieu of the fees, costs and perquisites heretofore allowed by law, an annual compensation for their services as follows: In counties having a population of one thousand inhabitants or less, the sum of one hundred dollars; and in all other counties the sum of one hundred dollars for the first thousand inhabitants, and an additional sum of fifty dollars for each additional thousand of population or major fraction thereof, to be paid quarter-yearly by the treasurer of the county, upon the warrant of the county auditor: provided, that, in the county of Ramsey, the compensation to be allowed and paid to the probate judge thereof, shall be the sum of two thousand dollars, and the clerk of probate court in said county of Ramsey shall be allowed and paid the sum of twelve hundred dollars, in the manner above provided. (1875, c. 37, § 1, as amended 1877, c. 60, § 1.)

*§ 6. Same population how determined. The auditor, in determining the population of any county, shall take the United States census of eighteen hundred and seventy, or any census hereafter taken by the United States or the state of Minnesota, and add five per cent. of the population, as shown by the last census taken, for each year expiring after the year in which said census was taken. (Id. § 2.)

§ 7. Provision for clerk hire. All probate judges whose salary exceeds the sum of twelve hundred dollars, may receive a further sum, to be annually fixed by the board of county commissioners, not exceeding five hundred dollars in any one year, for clerk hire; and all fees of judges of probate and clerks of probate, except as herein provided, are hereby abolished, and the probate judges in this state are hereby prohibited from taking or recovering either directly or indirectly, any fees whatever for their official services other than for taking acknowledgments of papers and administering oaths outside of the line of probate duties. (Id. §3.)

*§ 8. How county treasury to be reimbursed. For the purpose of reimbursing the county treasury for the salaries provided to be paid in this act to the judge of probate, it shall be the duty of each executor, administrator or guardian to pay or cause to be paid to the county treasurer, for the use and benefit of the county in whose probate court proceedings are to be instituted to settle the estate of any deceased person, the following sums, according to the value of the estate and property of such deceased person, as shown by the inventory and appraisal, that is to say: ten dollars when such value shall exceed one thousand dollars, and shall not exceed five thousand dollars; twenty dollars when the value of such estate shall exceed the sum of five thousand dollars, and shall not exceed the sum of ten thousand dollars; thirty dollars when the value of the estate shall exceed the sum of ten thousand dollars, and shall not exceed the sum of fifteen thousand dollars; fifty dollars when the value of the estate shall exceed *An act to fix the compensation of judges of probate, and provide a fund for payment of the same. Approved March 9, 1875.

fifteen thousand dollars, and shall not exceed twenty thousand dollars; and seventy-five dollars in all cases where the value of the estate shall exceed the sum of twenty thousand dollars; and in addition all sums necessarily expended in serving or publishing notices required by law: provided, that in all cases where application is made for the appointment of any guardian for any minor or minors residing out of this state, but having property therein, or for the admission to probate of any will already probated in some other state, the person making such application shall pay, in lieu of the sums above named, the sum of ten dollars, and no other or different sum shall be required to be paid by any party seeking the aid of such probate court, except as provided above. (1875, c. 37, § 4.)

*$9. Payments to be made to treasurer-receipts. The payments provided for in the foregoing section shall be made to the treasurer of the proper county, who shall execute therefor duplicate receipts, one of which shall be filed with the county auditor, and one with the judge of probate of such county; and no proceedings of any kind shall be had in any cause pending in such probate court for the settlement of any estate, subsequent to the return of the inventory showing the value of such estate, until such receipt has been duly filed with such udge of probate: provided, that in estimating the amount of fees to be paid in proceedings now pending, the amount already paid shall be deducted from the maximum to be paid under provisions of this act: and provided further, that judges of probate shall be allowed to collect all fees due them for serv ices rendered prior to April first, eighteen hundred and seventy-five. (Id. § 5.)

as may

STANDING APPROPRIATIONS FOR SALARIES OF STATE OFFICERS.'

*

*10. Appropriations for salaries. That the following sums of money, or so much thereof be necessary, be and the same are hereby annually appropriated out of any moneys in the treasury belonging to the general revenue fund for the payment of the salaries of the officers of the state government.

1st. For salary of the governor, three thousand eight hundred dollars. (As amended 1878, c. 29, §1.)

2d. For salary of the secretary of state and superintendent of public printing, eighteen hundred dollars.

3d. For salary of the state auditor and land commissioner, three thousan dollars. (As amended 1878, c. 29, §1.)

(As

4th. For salary of the state treasurer, three thousand five hundred dollars. 5th. For salary of the attorney general, two thousand dollars. amended 1878, c. 29, §1.)

6th. For salary of the adjutant general, fifteen hundred dollars.

7th. For salary of the superintendent of public instruction, twenty-five hundred dollars.

8th. For salary of the railroad commissioner, three thousand dollars. 9th. For salary of the insurance commissioner, two thousand dollars.

10th. For salary of the librarian, fifteen hundred dollars. (As amended 1878, c. 29. § 1.)

11th. For salary of janitor, twelve hundred dollars. (As amended, 1877, c. 54. § 1.)

12th. For salaries of the engineers, night watchmen and fireman, eighteen hundred dollars.

13th. For salary of the military store keeper, four hundred dollars. 14th. For salary of the governor's private secretary, fifteen hundred dollars. 15th. For salary of the assistant secretary of state, one thousand dollars. 16th. For salary of the statistician, one thousand dollars.

An act to appropriate money for the payment of the salaries of the officers of the state government." roved March 5, 1874. (Laws 1874, c. 114. § 1.)

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