The Minnesotian. [volume] (St. Paul, Minn. Territory) 1851-1852, 1852-04-24

the action shall proceed plaintiff person
and the court may compel them to inerplead.
Co. Section thryx of said chapter, page 42l amended
as to read as follows
src &c. No person the jurisdiction
this territory unless he appear the court be found within the
roy with process therein resident thereof have
property therein and then only to the extent Of such property
in cases where it is otherwise expressly provided by
o. Section ory-eig of said chapter 1922 is amended
Sec 49, In all actions in the district court
CURED to the plaintiffs complaint days after
mons has been legally served him. except herein otherwise
vded and such made twenty days
Of the service Of the such further allowed
defendant according the provisions the pro-
vded But defendant who has appeared without answering
mnd writing damages the which the
entie to and ereupon such shall be
had such asceaned in such the
application direct and entered by the clerk for the
amount so assessed or ascertained
o. The Following section shall added the said
chapter eghty-two, page 422:
Sec. 49, The provisions Of the revised statutes. a the
applicable shall apply to suits and proceedings pending the
to the matter and without regard such
and but all judicial acts proceedings hd
ed to that though conformity said statutes, shall
not be nvadd thereby the subsequent proceedings therein
thereof eectua obtain the benefit of the be had
ken prosecuted such form necessary
may s be compliance with the provisions Of statutes
where the without difficulty be conormed such pro-
visions.
pRocEED1NGs
g. Section of chapter eighty three page 1926
amended read as follows:
nal in cases manaus except in cases where such writ
directed of the judges of the said district court in bis official
paciy and the said shall proceed upon all such the
same manner as in civil action except hereinafter otherwise
vided.
64 Section eighteen said chapter page
SEC. 49, Writs of prohibition shall only be issued out Of the
motion the court judge thereof vacation
wrts mndamus and the shown shall appear
commad the and party officer to whom shall be directed
desis and refrain from further proceedings in the
her order of the court theron and show the next
said day to be named in the the option
the court if issued in term tme why they should not be absolute
restrained from further proceeding in such
65 Section nineteen of said chapter 1926 amended
to read as follows:
Sec 49, Such writ shall be served the court and party Of
ce TO whom shall be directed in the of
damus and shall like be made thereto such
or officer, which may be enforced by attachment.
g. Section twenty-five Of said chapter page 425, amended
SEC o. The after hearing the proofs and allegations of the
parties shall render Judgment either that prohibition absolute,
anng the said and party officer from proceeding in such
NATTER do ISSUE writ of consultation authorizing the
and party officer proceed in the suit question and
make and enforce such order relation and charges
g. Subdivision of section thirty three Of said chapter page
427 is amended so to read as follows:
or under his and he have not Whether he has had the pary
his custody under his power restraint and what time
prior subsequent to the date OF the writ
6s Section sxsix of said chapter page 43 amended
| to read as follows
Sec &C., Ws of hbeas only be served elector
county within this terrioy and the service thereof shall
before the officer issuing the unless the party serving the
shall tender the person whose custody the such
be sheriff. constable marshall the fees allowed by
law for bringing such proner unless he shall also bond
to the sheriff. constable marshall the be-
penalty double the of the for which such prisoner
detained he be detained for specific sum and not
then such the officer granting the writ shall direct not
eedng thousand dollars conditioned that such shall the
charges of carrying back such prisoner if he shall be rcmanded and
that such will by the either going
turning the which he to be ken but such fees be
paid security rendered the officer to whom the writ
make thereto the required by section
this chapter and teeupon the officer court granting
the writ may prisoner be brought up Notwithstanding
proceed as ii he before him.
&c. The following section added at the end of chapter
ghty-fve, page 437: ~
SEC. 90 The party foreng mortgage by advertisement shall
entitled dollars besides fees of officers and disbursements
| out of the proceeds Of sale. !,
TO- Section of chapter 44o is amended
| SO read as follows
Sec Justice the peace shall have authority inquire
hereinafter directed we'll against those who make unlawful
oe lands other and detaln the
who having lawful and peaceful entry into lands
possessions unawuy and orcby detan the
and if be found such inquiry that unlawful or focb
hath been made that said lands tenements other
unawy detained by force and strong hand that the a
ter lawful entry held detained unlawfuy then such JUS
ce shall the party complaining to have restitution thereof
H. of said chapter, AL amended