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thereof, proceed to and elect a person to fill such vacancy in the same manner as is herein before provided for the election of a senator for a full term. And if a vacancy shall hap en during any session of the legislature of this state, then, on the second Tuesday after both houses thereof shall have been organized and shall have had notice of such vacancy, the legislature shall in like manner proceed to and elect a person to fill such vacancy. (1869, c. 93, § 5.) *$ 34. President to declare result of election. The person who shall have been elected a senator to congress at the time and place and in the manner provided by this act, shall, immediately after such result shall have been ascertained in joint convention, be declared by the president thereof to have been duly elected a member of the senate of the United States from the state of Minnesota. (Id. § 6.)

*35. Secretary to make record. The secretary of the joint convention shall enter the name of each of the members thereof, the result of the election, and the declaration thereof, upon the journal of the convention. (Id. § 7.)

*$ 36. Certificate of election-how prepared. Upon the election of any senator, as provided by this act, the president and secretary of the joint convention shall immediately make and sign a certificate of such election, specifying the time and place thereof, and the name of the person so elected, which said certificate, within three days after such election, shall, by the president of the convention, be presented to the governor; and immediately upon the presentation thereof to him, the governor shall execute a further certificate of such election, duly certifying the same to the president of the senate of the United States, which certificate shall also be attested by the secretary of state of this state, and have affixed thereto the great seal of the state of Minnesota. (Id. § 8.)

*§ 37. Certificate prima facie evidence. The certificate thus executed by the governor shall be forwarded to the president of the senate of the United States, and shall be held and deemed prima facie evidence that the person named therein as senator has been duly elected, according to law. (Id. § 9.)

$38. (SEC. 24) Vacancy during recess of legislature, how filled. In case a vacancy in the office of United States senator happens, from any cause, during the recess of the legislature of this state, the governor shall appoint some person to fill such vacancy until the session of the legislature next thereafter, and until a successor is elected and qualified.

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§ 1. Rules for construing statutes. In the construction of statutes, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the legislature, or repugnant to the context of the same statute, that is to say :

First. Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in the law, shall be construed according to such peculiar and appropriate meaning; and all clerical and typographical errors shall be disregarded when the intent and meaning are obvious.

Second. Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular, and words importing the masculine gender may be applied to females.

Third. Words purporting to give a joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or persons,

Fourth. The term "folio," when used as a measure for computing fees or compensation, or in any legal proceedings, means one hundred words, counting every figure necessarily used, as a word; and any portion of a folio, when in the whole draft or paper there is not a complete folio, and when there is any excess over the last folio, shall be computed as a folio.

Fifth. The word "highway" may include any road laid out by the authority of the United States or of this state, or of any town or county, and all bridges upon the same.

Sixth. The words "insane person" shall include every idiot, noncompos, lunatic, and distracted person; and the word "spendthrift" shall include every one who is liable to be put under guardianship on account of excessive drinking, gaming, idleness or debauchery.

Seventh. The word "issue," as applied to the descent of estates, shall include all the lawful lineal descendants of the ancestor.

Eighth. The word "land" or "lands," and the word "real estate," shall include lands, tenements, hereditaments, and all rights thereto and interests therein. Ninth. The word "month" shall mean a calendar month, and the word "year" shall be equivalent to the expression "year of our Lord."

Tenth. The word "oath" shall include "affirmation" in all cases where by law an affirmation may be substituted for an "oath;" and in like cases the word "sworn" shall include the word "affirmed."

Eleventh. The word "person" may extend and be applied to bodies politic and corporate.

Twelfth. The words "preceding" and "following," when used by way of reference to any section of these statutes, shall mean the section next preceding or next following that in which such reference is made.

Thirteenth. When the seal of a court, public office or corporation is required by law to be affixed to any paper, the word "seal" shall include an impression of the official seal made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto.

Fourteenth. The word "town" may include cities and districts, unless such construction would be repugnant to the provisions of any act specially relating to such cities or districts.

Fifteenth. The term "will" shall be construed to mean codicils.

Sixteenth. The words "written" and "in writing" may include printing, engraving, lithographing, and any other mode of representing words and letters; but when the written signature of a person is required by law, it shall always be the proper handwriting of such person, or in case he is unable to write, his proper mark.

Seventeenth. The word "State," when applied to the different parts of the United States, shall extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said. district and territories.

Eighteenth. The word "felonious" shall mean criminal, and the word "feloniously" criminally, and the term "infamous crime" shall include every offence punishable with death or imprisonment in the state prison.

12 M. 293

§ 2. When statutes shall take effect. Every statute which does not expressly prescribe

the time when it shall go into operation, shall take effect throughout the state on the thirtieth day next after that on which it is approved by the governor, or otherwise becomes a law; but no general law shall take effect until published.

13 M. 153; 21 M. 22.

§ 3. Effect of repeal. Whenever a law is repealed which repealed a former law, the former law shall not thereby be revived, unless it is so specially provided; nor shall such repeal affect any right which accrued, any duty imposed, any penalty incurred, nor any proceeding commenced, under or by virtue of the law repealed.

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*§ 1. Commissioners of public printing. The secretary of state, state treasurer and state auditor, shall be ex officio commissioners of public printing during their terms of office respectively. (1874 c. 7. § 1.)

*§ 2. Printing to be divided into five classes. The printing of the state is divided into classes, to be let in separate contracts, as follows: The printing and binding of all bills for the two houses of the legislature, together with such resolutions and other matters as may be ordered by the two houses, or either of them, or the officers thereof, other than in pamphlet form, constitute the first class, and shall be let in one contract; the printing and binding of the journals of the senate and house of representatives, and of such reports, communications, and other documents as enter into and make a part of the journals, constitute the second class, and shall be let in one contract; the printing and binding of all reports, communications, and other documents ordered by the legislature, or either branch thereof, or by the executive departments, to be printed in pamphlet form, together with the volumes of executive documents, and the legislative manual, constitute the third class, and shall be let in one contract; the printing and binding of the general and special laws, and joint resolutions, constitute the fourth class, and shall be let in one contract; the printing of all blanks, circulars, and other work necessary for the use of the executive departments, other than such as are printed in pamphlet form, and all printing not included in the foregoing classes, constitute the fifth class, and shall be let in one contract. (Id. § 2, as amended 1875, c. 138, § 1.)

*§ 3. Advertisement for bids for public printing, &c.-maximum prices-requisites of bids. The commissioners of printing shall, during the first week in May, A. D. one An act in relation to the printing and distribution of laws and documents, approved March 9, 1874. (Laws 1874, c. 7.) This act supersedes and repeals Laws 1868, c. 46, which superseded and repealed Gen. St. c. 5.

+An act to provide for the purchase of paper and stationer's supplies for the public printing, and for use in the legislature and state offices, approved March 9, 1874. (Laws 1874, c. 8.)

thousand eight hundred and seventy-five, and every year thereafter, give notice in two newspapers printed in the city of St. Paul, and in such other newspapers in the state, not exceeding four, as they may deem necessary, for thirty days, that sealed proposals will be received at the office of the secretary of state, until a day specified in the said notice, for the execution of the several classes of the state printing, in separate contracts, as specified in section two of this act, for the term of one year from the first day of November next ensuing; said advertisement shall contain the maximum list of prices established by law, and such other information as the said commissioners may deem necessary. The following prices are hereby established as the maximum prices for doing said work:

Composition.-First class, fifty cen's per one thousand ems; second, third and fourth class, seventy cents per one thousand ems for plain matter; fifth class, one dollar per one thousand ems.

Presswork. For the first one hundred impressions of a form, one dollar; for each additional one hundred impressions of the same form, twenty-five cents. In book work the form is hereby determined to consist of eight pages octavo, or twelve pages duodecimo, or fraction thereof, whenever said fraction is made necessary. In all other work, the form shall consist of one side of the sheet upon which the job is printed and delivered.

Folding. When no charge is made for binding, per one hundred sheets of eight pages, or fraction thereof, eight cents.

Stitching.-Including collating. stabbing and cutting, per one hundred copies, one dollar.

Binding. Including folding, collating, stabbing, stitching. sawing, sewing, and trimming brochure covering, for books of eight pages or less, for one hundred copies, one dollar and fifty cents; brochure covering, for each additional eight pages or fraction thereof, per one hundred copies, twenty cents. Quarter binding, per one hundred copies, forty-five dollars; half binding, per one hundred copies, seventy-five dollars; full cloth binding, cut flush, per one hundred copies, fifty-five dollars; full cloth binding, with squares, per one hundred copies, sixty dollars; full roan leather, with squares, per one hundred copies, eighty dollars; full law, per one hundred copies, one hundred and fifty dollars. Each proposal shall be in writing, sealed, and addressed to the secretary of state, and it shall be accompanied by a bond executed in due form, by the bidders, with at least two good and sufficient sureties, satisfactory to the commissioners, in the penal sum of eight thousand dollars, conditioned for the faithful performance, pursuant to this chapter, of such class or classes of the state printing as may be adjudged to him, and for the payment, as liquidated damages, by such bidder to the state, of any excess of cost over the bid or bids of such bidders which the state may be obliged to pay for such work, by reason of the failure of such bidder to complete his contract; said bond to be null and void if no contract is awarded to him. No bid unaccompanied by such bond shall be entertained by the commissioners of printing. The contract shall be let to the person who shall bid to execute the work at the greatest per centum of discount from the maximum prices established by law, such per centum of discount to be uniform on every item of work: provided further.* that all printing and binding for which provision is made in this act, shall be performed within the state of Minnesota. (1874, c.7 §3, as amended 1875, c. 13. § 2.)

*4. Commissioners to act upon bids. The commissioners of printing, or any two of them, shall, within two days after the expiration of the term for receiving proposals as aforesaid, proceed to open in public all such proposals by them received, and they shall award the contract for each class of printing to the lowest bidder

A proviso relating to the printing of the laws of 1875 is omitted as obsolete.

therefor: provided, that nothing herein contained shall be construed so as to prevent the same person from becoming contractor for two or more classes of the printing, if he shall be the lowest bidder therefor. If two or more persons bid the same and the lowest price for any class or classes of the printing, the commissioners shall award the contract to such one or more of them as, in their opinion, will best subserve the interest of the state, having reference, however, to a division of the work, as far as practicable, among the several bidders aforesaid. If any of the aforesaid printing shall be executed without the city of St. Paul, all transportation of paper, copy, proof, or printed sheets, shall be at the expense of the contractor or contractors for such printing. (1874, c. 7, § 4, as amended 1875, c. 138, § 3.)

*§ 5. Bills and resolutions, how printed. The bills and resolutions specified in the first class of printing shall be printed in folio foolscap form on long primer type, each page to contain not less than thirty-two lines of solid matter of forty-five ems in length, with a great primer reglet only in each space between the lines; and in counting the composition on bills and other matter embraced in this class the same shall be measured as solid long primer matter: provided, that any necessary fraction of a page shall be measured as a full page. For all matter in the first class the same rule of measurement shall be adopted as is provided in ection nine relative to the fifth class. (Id. § 5, as amended 1875, c. 138 § 4.)

*§6. Journals, how printed. The journals of the two houses of the legislature specified in the second class shall be printed in medium octavo form, on good long primer type, with at least nineteen hundred ems on a page, without any unne cessary leads, blank or broken lines or pages: provided, that if the journal of either house be printed daily for the use of the legislature, double the contract price may be allowed for composition upon the journals so printed, but nothing shall then be charged or allowed for composition or re-composition of the same matter for the bound journals. (Id. § 6, as amended 1875, c. 138, § 5.)

*$7 Public documents and reports. The volumes of public documents and reports, communications and other matters specified in the third class, shall be printed in medium octavo form, on good long primer type, with at least sixteen hundred and fifty ems in a page: provided, that so much of the annual reports of the officers of the executive department, and of the superintendents of the public institutions, as contains the remarks of those officers, may be single leaded with leads not exceeding in thickness six to pica: provided further, that subordinate reports and appendixes may be printed in brevier, when deemed advisable by the superintendent of printing. The volumes of the public documents shall contain nothing that is to be inserted in the laws and journals of the same year; and the various reports, communications and other documents inserted therein, shall follow each other in as close compact order as is consistent with good workmanship, without intervention of unnecessary blanks or separate title or half title pages; and the paging thereof shall be consecutive, and at the conclusion there shall be an index referring to the particular page at which each separate document commences. In all cases when, by order of the legislature or either branch thereof, any document is printed in pamphlet form by the contractor for the printing of the journals, which shall also be printed in the daily journals, but one charge shall be made or allowed for the composition thereof: provided, the order for the pamphlets is made before the type has been used on the daily journals or distributed. (Id. § 7, as amended 1875, c. 138, § 6.)

*$8 How laws to be printed. The laws specified in the fourth class shall be printed in medium octavo form, on good long primer type, the pages to be of the same size and form as those of the documents specified in the preceding section, with marginal notes to the general laws, in nonpareil type, similar to those heretofore inserted. (Id. § 8.)

*$9 Printing for executive department. The printing embraced in the fifth class shall be

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