Sec. 3. To serve without pay, but to be allowed expenses.— The members of said commission shall serve without pay for their services, but shall be allowed and paid their actual traveling and all other expenses necessarily incurred in the performance of said duties, not to exceed the sum of five hundred dollars in all. The game and fish commissioner through his office, without additional expense to the state, shall perform all the clerical work in connection with the work of said commission. Payment hereunder shall be made from time to time by the state treasurer upon warrants of the state auditor issued upon receipt of vouchers of said commissioners. Sec. 4. This act shall take effect and be in force from and after its passage. Approved April 19, 1917. CHAPTER 462-H. F. No. 1221. An act prescribing the manner of payment of all fees and other receipts of the several officers, boards, departments and institutions of the state into the state treasury. Be it enacted by the Legislature of the State of Minnesota: Section 1. Fees and receipts of several state departments to be paid into state treasury daily. All fees and other receipts of the several officers, boards and departments of the state and which is the property of the state shall be paid into the state treasury daily, unless such receipts are under $50.00, in which event payment may be deferred until they aggregate such sum. The several state institutions shall make payments under this act on the first business day of each week; provided, that the provisions of this act shall not apply to the state agricultural society. Not later than the fifth of each month such officer, board, department or institution shall render to the state auditor an account for the preceding month of all moneys so received and paid over, specifying the items and sources thereof in detail. Sec. 2. Section 111, general statutes 1913, and all other inconsistent acts are hereby repealed. Approved April 20, 1917. CHAPTER 463-H. F. No. 1270. An act making it unlawful to interfere with or discourage the enlistment of men in the military or naval forces of the United States or of the state of Minnesota, and providing punishment therefor. Be it enacted by the Legislature of the State of Minnesota: Section 1. Interfering with enlistment unlawful.—It shall be unlawful from and after the passage of this act for any person to print, publish or circulate in any manner whatsoever any book, pamphlet, or written or printed matter that advocates or attempts to advocate that men should not enlist in the military or naval forces of the United States or the state of Minnesota. Sec. 2. Speaking by word of mouth against enlistment unlawful. It shall be unlawful for any person in any public place, or at any meeting where more than five persons are assembled, to advocate or teach by word of mouth or otherwise that men should not enlist in the military or naval forces of the United States or the state of Minnesota. Sec. 3. Teaching or advocating by written or printed matters against enlistment unlawful. It shall be unlawful for any person to teach or advocate by any written or printed matter whatsoever, or by oral speech, that the citizens of this state should not aid or assist the United States in prosecuting or carrying on war with the public enemies of the United States. Sec. 4. "Citizen" defined.—A citizen of this state for the purposes of this act is hereby defined to be any person within the confines of the state. Sec. 5. Violating a gross misdemeanor.-Any person violating any provisions of this act is hereby declared to be guilty of gross misdemeanor and shall be punished therefor by a fine of not less than one hundred dollars, ($100.00) nor more than five hundred dollars, ($500.00), or by imprisonment in the county jail for not less than three months nor more than one year, or by both. Sec. 6. Officers given right to arrest.-Any police or peace officer of this state, or any regularly commissioned officer in the army or navy of the United States or of the national guard or organized militia of the state of Minnesota is hereby authorized to summarily arrest any person violating any provisions of this act. Sec. 7. This act shall take effect and be in force from and after its passage. Approved April 20, 1917. CHAPTER 464-H. F. No. 1283. An act to authorize the sale of bonds owned by the state trust funds at a sum below cost, if necessary, by the state board of investment, providing a method for reimbursing said funds for any loss which may accrue by reason of such sale, and appropriating money to carry out the provisions of this act. Whereas, it is desirable and for the best interests of the state that the bonds of other states now held in the state's trust funds be sold as soon as financial conditions will justify such sale, and that the proceeds of the sale of said bonds be invested in municipal bonds of this state; therefore, Be it enacted by the Legislature of the State of Minnesota : Section 1. Bonds held in state trust funds may be sold at less than cost. That the state board of investment is hereby authorized to sell the bonds of other states, or any part thereof, now held in the trust funds of the state, for a sum less than the cost to such funds, should the board of investment deem it for the best interests of the state to make such disposition of said bonds. In order that the principal of such funds, as derived from the sales, or other disposition of said lands, or other property, granted or intrusted in this state for educational purposes. purposes of internal improvement, shall not be impaired. the said board of investment is hereby authorized to make up any deficit, or loss, which may accrue by reason of the sale of said bonds, from the fund hereinafter created, or from the profit derived from former sales of bonds of said trust funds, as shown upon the books of the state auditor, or partly from the said fund and partly from said profits. Sec. 2. Creation of fund by board of investment.--The board of investment is hereby authorized to create a fund to meet any prospective loss arising from the sale of such bonds, or any portion thereof, by charging a bonus upon the bonds of municipalities of the state purchased by said investment board, not exceeding one-fourth of one per cent per annum for the period for which the loan is to run. Such bonus shall be deducted from the amount of such loan when made and credited to such fund. The board of investment may, in its discretion, exempt loans to school districts from the provisions of this section. Municipalities making application to the state for loans under this act are hereby authorized to pay such bonus upon approval by the governing board of such municipalities. Sec. 3. Payment of loss as a result of sale of bonds.-Whenever the board of investment shall sell any of said bonds and a loss to the trust funds shall accrue therefrom, the amount of such loss shall be paid from the fund provided for by section 2, if said fund is created by the board of investment, if the amount in said fund, or the anticipated receipts thereto, be sufficient to meet such loss; if insufficient the deficiency shall be paid from the profits of former sale of bonds of said trust funds. Sec. 4. Anticipating receipts by board of investment.--The board of investment may anticipate the receipts to accrue to the fund authorized by section 2. For the purpose of tempor arily providing for any loss in the sale of said bonds, pending the collection of the bonus provided for herein, the auditor and treasurer are hereby authorized to transfer from the revenue fund, upon a certificate of the state board of investment, a sum sufficient to cover such loss. When there are sufficient funds the amount of such transfer shall be repaid to the revenue fund. Sec. 5. $100,000 appropriated.-There is hereby appropriated from the revenue fund such sum as may be necessary to carry out the provisions of this act, not to exceed $100,000; and there is also appropriated from the profits of the former sale of bonds, as shown upon the books of the state auditor, such sum as the board of investment may deem necessary to expend for the purposes of this act. Approved April 20, 1917. CHAPTER 465-H. F. No. 853. An act to make uniform the law of sales of goods. PART I. FORMATION OF THE CONTRACT. Section 1. Contracts to sell and sales.-(1) A contract to sell goods is a contract whereby the seller agrees to transfer the property in goods to the buyer for a consideration called the price. (2) A sale of goods is an agreement whereby the seller transfers the property in goods to the buyer for a consideration called the price. (3) A contract to sell or a sale may be absolute or conditional. (4) There may be a contract to sell or a sale between one part owner and another. Sec. 2. Capacity-liabilities for necessaries.-Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property. Where necessaries are sold and delivered to an infant, or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price therefor. Necessaries in this section mean goods suitable to the condition in life of such infant or other person, and to his actual requirements at the time of delivery. FORMALITIES OF THE CONTRACT. Sec. 3. Form of contract or sale.-Subject to the provisions of this act and of any statute in that behalf, a contract to sell or a sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be inferred from the conduct of the parties. Sec. 4. Statute of frauds.-(1) A contract to sell or a sale of any goods or choses in action of the value of fifty dollars or upwards shall not be enforceable by action unless the buyer shall accept part of the goods or choses in action so contracted. to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf. (2) The provisions of this section apply to every such contract or sale, notwithstanding that the goods may be intended to be delivered at some future time or may not at the time of such contract or sale be actually made, procured. or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery; but if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller's business, the provisions of this section shall not apply. (3) There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods. SUBJECT MATTER OF CONTRACT. Sec. 5. Existing and future goods. (1) The goods which form the subject of a contract to sell may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of the contract to sell, in this act called "future goods." (2) There may be a contract to sell goods, the acquisition of which by the seller depends upon a contingency which may or may not happen. (3) Where the parties purport to effect a present sale of future goods, the agreement operates as a contract to sell the goods. Sec. 6. Undivided shares.--(1) There may be a contract to sell or a sale of an undivided share of goods. If the parties intend to effect a present sale, the buyer, by force of the agree 1 |