The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-07-29
PUBLISHED BY AUTHORITY.

AN ACT providing for the Transfer of the
Records Of the late Territorial Courts TO the
State Courts.
Be it enacted by the Legislature Of the State of
Minnesota:
SECTION |. That all cases and proceedings
pending IN the late Supreme Court OF the Ter
Titory, together with the records and flies
thereof not transferred by any law Of the Uni.
ted States TO any court or tribunal VI the United
States, and which are not cognizable In the
Courts Of the United States, shall be and are
hereby transferred TO the Supreme Court OF
the State OF Minnesota, to be proceeded and
finished or decided ia the manner provided by
law; and the said Supreme Court OF the state
shall take cognlzance OF all such cases, and
shall proceed TO hear and determine the same,
and the mandates and all writs necessary to
the exercise ot the jurisdiction Of the Supreme
Court OF the State IN such cases; and the carry
ing into effect the judgments, orders and de-
crees thereon shall be directed TO the District
Court Of the State and County IN which said
case or cases originated, aud said District
Courts OF the State shall cause the same to be
duly executed aud obeyed. The said supreme
Court Of the State shall also execute the man.
dates and wrts OF the Supreme Court Ut the
United States in all cases Of actions removed
to that Court from said late Supreme Court OF
the Territory rs fully in all respects rs the Su.
preme Court Of the Territory could have exc
cuted the same had II not been superseded by
the state Court.
SIC. 2. That all and singular the records and
files In the cases and proceedings pending IN
the several District Courts OF the Territory Of
Minnesota, except such as are exclusively cog
nixuble in the Circuit or District Courts Of the
United states, and all and singular the records
OF the proceedings IN the several cases IN which
judgments OF DEGREES have been ordered ia
said Courts, shall, from and after the passage
Vi tins Act, be transferred to and deposited IA
the District Courts vi the State of Minnesota,
IN the counties respectively IN which said ac.
tons OF proceedings originated.
SIC. ). That whenever the records OF the
proceedings IN any action or proceeding now
pending and undetermined in any vi the Dis
rict Courts vi the Territory shall be transferred
to and deposited IN the District Courts OF the
state pursuant to the provisions OF this Act,
the District Court OF the state to which the
saIne has been 30 transferred shall theme Ia
be deemed 10 have jurisdiction Of such action
or proceeding, and shaii take cognilance there.
Of aud proceed TO hear and determine the
same; and from judgments OF DEGREES render.
ed therein writ of error may be sued out or All
appeal may he taken 10 the supreme ,ourt vi
the state Of Minnesota, which shall determine
the cause IN the same manner as u such Iudg
ment or decree had been rendered in the District
Court Of the State Of Minnesota and the man.
uhtes ahu al WiHb W cAttS1se VI
the appellate jurisdiction vi the said Supreme
Court IN such case shall be directed to the Dis
trict Court VI the State from which the said ap.
peal was taken or to which the said writ Of or.
ror was directed, and the said District Cour,
shall cause the same to be duly executed and
obeyed.
SIC. l. 1t shall b. the duty of each clerk Of
the District Court OF each county Of the state
immediately after the passage OF this act, upon
the order OF the Judge Of his district, 10 de-
mand Of the clerk OF the District Court Of the
Territory OF his county, or other person or OIL
Ger having in his custody or Possession records
Of the proceedings referred to in the preceding
section-the delivery Vi the said records to be
deposited a. ia and by the preceding section oi
this act required and IL such clerk or other
person shall refuse 10 comply with such de.
mand, such refusal shall be deemed contemp,
Of court, and the said Judge making such order
il hereby authorized and required ~ compel the
delivery Of said rec ords, by attachment or 9th
erwise, according To law.
sEc. o. That any unfinished business or pro-
ceedings now remaining or pending before the
late Supreme Court Judges Of the Territory ol
Minnesota. or either OF them, as Judge OF
Judges Of the District Court Of said Territory
! or otherwise under any general law OF the Uni
ted states OF Of the Territory Of Mime sofa, OF
both, or under any other act or acts granting
special powers OF imposing special duties VI
trusts upon said Judge or Judges, be and the
same ia hereby transferred TO the District Judge
Of the State Of the district in which such bust
ness or proceedings originated or the subject oil
the trust is situated, 10 be proceeded In, fin
ished, decided or executed, Ia the same manner
provided for by the law; and the said Distric,
Judge Of the state shall have, exercise and
possess the same rights powers and duties
which have been possessed or exercised by the
said judges Of the said Territory, 30 far as may
be necessary to enable him to determine exc.
cute and finish sach matter, business trust OF
proceeding 40 pending and Une xecuted. or I'm
determined a. aforesaid--any Law Of sad Tern
tory ~ the contrary Notwithstanding.
SIC 6. This act shall take effect and be IA
fore from and after it, passage.
GEORGE BRADLEY.
speaker House Of Represe natives
WIN. IIOLCOMBE,
President of the Senate.
Approved July the twentieth. eighteen hundred
and ffiy.eight. HENRY ". SHELLEY.
STATE ~ AJssEsoTA.
Once OF Secretary Of state.
] certify the above TO be . true and correct
copy Of An Act providing for the transfer Of
the Records Of the late Territorial Courts 70 the
state Courts, a. appears from the original on
Tile in this Office.
In witness whereof have hereunto se'
my hand and affixed the Great Sea OF the
l.. =. State Of Minnesota, at ~. Paul, this 2ls'
day OF July, A. u. l.s-.
J. J. MCCULLOUGH,
Assistant Secretary Of state.
MIXER Il CHA RK,
STORAGE, FORWARDING
.