The daily Minnesota pioneer. [volume] (St. Paul, Minn.) 1854-1855, 1855-05-15
PUBLISHED BY AUTHORITY
Laws Of Minnesota for 1855.
AN ACT

Laws Of Minnesota for 1855.
AN ACT
Prescribing rules and regulations for the execution Of
the trust a, sing under the act Of Congress entitled
for the relief of citizens Of towns upon lands
Of the United States under certain circumstances.
Rel Enacted by the Legislative Assembly Of Minnesota
! Isnito,y:-
| CONTINUED FROM YESTERDAY
| So Upon the trial of any issue joined in such &C.
ton, either party may give in evidence the statement
mentioned in the fourth section Of this act, deposited
by the other by the person under whom he or she
claims, with the corporate authorities or judge or
judges holding the title to the lands in controversy
therein, and the person or persons who shall have
made the first claim and settlement upon such lands
either in person by agent, servant or tenant or
those claiming under him, her them, shall in any
such action be deemed to have the prior and para
mount right to suIh lands, and any rule Of law eq
uity which would prevent determination in accord
ance with such prior right shall be disregarded m
such action. In the parties in such action shall
in person by attorney in writing waive trial by
jury, the may be brought to trial and hearing
before the Judge any time in term vacation upon
days notice thereof to the adverse party and no
postponement of such trial shall be had except for
consent of the parties Upon the trial Of any such
action the evidence Of the witnesses shall lie reduced
| to writing and filed with the papers in the cause.
81. Any party in such action deeming himself or
herself aggrieved by the determination or judgment
therein, may bring writ Vi error or appeal thereon
to the supreme court the same in other cases. In
case Of an appeal from the judgment in such action,
the return thereto from the district shall include
the evidence filed therein, and in such the
preme court shall, if either purity shall require it,
and pass upon the questions and conclusions Of
fact we'll Of law. If in such the Judgment
of the district shall be reversed upon ques-
ton Of fact, and the shall have tried by jury,
the cause shall be RENTED Tor new trial in the dis
trct court. In all other Of appeal in such
tions the judgment Of the supreme court sh, be f.
nal.
SO. In case any controversy between adverse
claimants to any such lands shall not he settled de-
termned by agreement, reference arbitration with
in the time allowed therefor herrnbefore specified,
and shall not be prosecuted within month after
the expiration of such time, if the title to such land
shall be hel0 by any such judge judges, it shall be
the duty Of such judge or judges to summon the ad
verse claimants to appear before HIN them at
time and place TO be mentioned in the summons and
which place shall he within the county in which such
lands shall be situated and make their proof and al
legations in reference to s:,ch adverse claims. At
the time and place Of the return of such the
judge judges shall, if the parties appear, proceed
hear their proof and allegations and shall thereup-
on determine in writing the controversy between
them. Upon such hearing the statements of the par
ties respectively deposited with such Judge or judges
stand for their Peadngs, and either party may in
evidence the statement made by the other, or by the
! person under whom he or che claims. The evidence
Of witnesses upon such trial shall be reduced
| to writing, and any witness WHO shall upon such
hearing wilfully and knowingly testify falsely shall
be deemed guilty Of perjury. Any such judge, or any
justice of the peace may issue subpoena to compel the
attendance Of witnesses upon such hearing, and any
psSson ser7ed with such subpoena and failing to ap-
pear, shall be deemed guilty of contempt Of the said
judge or judges, and may be attached to such
contempt. and to testify in the There sha II be
no postponement Of the hearing in such case except
| for cause. The summons issued by the Judge or
judges and all subp9nas issued in such shall be
directed and served in the same manner as in civil
actions, and the fees of officers and witnesses in such
cases shall be the same for the like services in
civil actions in courts of record.
Either party in any such case may appeal from the
determination OF such judge judges therein to the
supreme court in the same manner that party may
appeal from judgment in civil action in district
court. The Judge or judges shall make return TO
such appeal, and such return shall consist Of the
statements standing for the pIeadings in the case, the
evidence and the deter mnation Of the judge judges
in writing, and the proceedings thereon in the
Preme shall be the same AZ are specified in the cases
Of appeal mentioned in the seventh section of this
act. In case any party lawfully summoned appear
before such judge or judges as mentioned in this Sec
tion shall fail to appear a, the time and place men,
toned in the summons, he shal be deemed to have
waived and renquished all right, title and interest
and estate in the lands in controversy, and each
and every piece, parcel and share thereof, and shall
be forever barred the right OF asserting or claiming
| any right, title, interest or estate therein.
-. II In case mentioned in section eight of this
the title to any such land shall be held by the
corporate authorities Of any town, such corporate
horties may bring action in the district court Of
the judicial district ia the county in which the lands
in controversy shall be situated, against the adverse
claimants thereto, to settle and determine such
troversy. The complaint in such shall be in the
nature Of bill Of inerpleader in court Of equity,
and shall set forth description OF the lands thus
claimed by adverse claimants, and the character and
extent OF the right Of interest estate therein claim
| ed by each, as the shall appear by the state
ments deposited with such authorities pursuant to
section three Of this act, and shall pray that the
eral adverse claimants may be required to appear in
such court and prosecute their claims or be forever
barred thereof
Any party to such action who shall fail to appear
| and answer such complaint and thus prosecute his
claim to the land described in such complaint, pursu
ant to the summons in such and the practice Of
the district COURT shall be forever barred Of the right
TO assert any claim or title to such lands, adverse to
the other claimants elsewhere or in any court hat
soever. 1.-THE adverse claimants to the lands descri
bed in the complaint in such shall appear, they
shall respectively answer such complaint and either
dscaim any light, tile, interest estate in the lands
therein described, set forth the NATURE character
and extent Of the title, interest estate which he,
or she, or they respectively claim therein. Issues
between such adverse claimants, made by their
swers to such complaint, may be brought hearing
and shall be determined and such determination may
be reviewed by the supreme court in the same
ner and by the Same rules OF law and evidence is
sues in the mentioned in sections five, six and
seven Of this act
CONCLUDED FROM Yesterday
From the South Side Democrat.
A Beautiful Sentiment.