The weekly Minnesotian., 1853-03-19
An Act to authorize the exercise of all equity in
risdicticn in the form Of civil actions, and fol
other purpOscS.

purposes.
SEC. l. Be it enacted by the Legislative As
scmbly of the Territory of Minnesota: Tha
all equity and chancerv jurisdiction authorized
by the organic act Of the Territory, shall be cx
ercised, and all suits or proceedings to be insti
| tutcd for that purpose are to be commenced
prosecuted, and conducted to a final decision
and Judgment, by the like process. plcadings
trial. and proceedings as in civil actions. and
shall be called civil actions.
SIC. ?. All suits, applications and proceed
| ings. now authorized by a statute to be com
menced prosecuted, and conducted in chan.
Gerry, or enforced by chanccry jurisdiction, in
cluding the foreclosure and satisfaction OF
mortgages, shall hereafter be commenced. prose
cnted. and conducted to final decision and
Judgment. by the like process, pleadings, trial
and proceedings, as in civil actions.
SEC 5. The district court. or any Judge
thereof may grant writs of ne exeat, and in
junction in all civil actions, on complaint. and
when counter claim Or equities in the nature
OF counter claim are set up i'm an answer
then on such answer, and in such case there
may be annexed to the duly Verified complaint
or answer, ai1idavits of persons other than the
party, tending to show the truth of the facts.
and allegations relied upon for the allowance
of such applications.
SEC. 4. Such writs of ne cXeat and iniunc-
ton may be granted in the progress of any ac-
ton, ut any time before the final decision.
judgment OF decree therein, either by petition
duly verified, Or Oh ahidavits, Or both, provided
that no injunction shall issue to stay proceed
ings in any civil actions before final decision
therein.
SEC. ). All equities existing at the time of
the commencement of any action, in favor of a
defendant therein, Or discovered to exist after
such commencement or intervening before a fl
nal decision, III such action, shall be lntcrpOscd
if at all by way of defence to the action by ans
wcr or supplemental answer in the nature of
counter claim, and issue taken thereon by a re-
ply or supplemental reply thereto and be de-
termned as other issues in said actions.
SEC. 6. In all civil actions commenced after
this act shall take effect, when the party prose
cutcd has equities, claims, or demands which
could heretofore only be enforced by cross ac
ton or cross bill, the same shall be interposcd
by way OF answer in the nature of a counter
claim and the plaintiff may reply thereto. and
put the same in issue. And If the same be ad-
mtted by the plaintiff, or the issue thereon be
determined in favor of the defendant, he shall
be entitled to such relief, equitable or other
wise, as the nature of the case demands, bv
Judgment, or decree or otherwise.
SEC. I. Whenever equity and justice re-
qulrcs discovery which could before this act
took effect be enforced by bill or cross bill.
under the oath of the parties of whom the dis
covery is sought, either by verified COMPLAINT
or answer. setting forth therein specifically the
matters upon which discovery is required
and the party seeking such discovery may have
the answer or reply stricken out for insuffi-
cheney, and compel further answer or reply.
in case such pledge does not contain the mi
and complete discovery sought or give GOOD.
sufficient reason for not making such discov, |
cry.
SEC. .. In al! cases wherein chancery suits
and proceedings were authorized before this
act took effect, and in which bonds. undertake
ngs' or other securities were or might be re-
luired, the same may be hereafter required in
IF this act
SEC. D. In all civil actions wherein receiv-
RS may he necessary, or where in chancery
uits or proceedings they were authorized to
'e appointed previous to this act taking effect,