The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1864-03-18

AN ACT to prevent the importation, running
at large, and sale of diseased Sheep.
BE it enacted by the Legislature Of the State of
Minnesota:
SECTION /. That any person being the owner
of sheep or having the same in charge. who
shall import or drive into this State, or shall
turn out or suffer to run at large upon any
common, highway or unenclosed lands any
Sheep having any contagious disease, or who
shall sell, let or dispose of any such sheep,
knowing the same to be SO diseased, without
first apprising the purchaser thereof. or per-
son taking them, of such disease, shall be
deemed guilty OF q mlsdem eanOr, and shall be
punished by fine in sum not less than fifty
dollars nor more than one hundred dollars
Sec. 2. Nothing in this act shall be so con.
strued as to prevent the recovery of damages
in civil actions, against any person or persons
who shall import or drive such diseased sheep
INTO this State, or who shall sell or allow such
diseased sheep to run at large.
Sec. 3. This act shall take effect and be in
force from and after its passage.
Approved March 4, 1864.
AN ACT to amend section ten of chapter sew
enty of the General Laws of 1861 in relation
to garnishee process.
BE 1t enacted by the Legislature Of the State of
Minnesota:
SECTION 1. That section ten of chapter sew
enty of the General Laws Of 1860, entitled IAN
Act to Authorize and Regulate Garnishee Pro-
ceedings," be amended by adding at the end of
said section, the following that is to say:
Provided, That when the defendant shall not
appear at the time and place specified in the
summons for the appearance of the garnishee,
on filing an affidavit stating that the defendant
is not resident of this State and that the aft
ant has reason to believe and does believe that
the defendant is not within this State, it shall
not be necessary to serve upon the defendant
of;o
to the defendant of such action in any court !;
and the examination shall proceed in like man.
ner as if the defendant had been duly served
with such copy and notice or had appeared at
the time and place specified in the summons
for the appearance of the garnishee.
Sec. 2. This act shall take effect and be in
force from and after its passage.
Approved March 4, 1864.
AN ACT to amend Section 81, So and Sc of
Chapter GO, of the Compiled Statutes, to
provide for the publication Of summons in
certain cases.
BE Il enacted By tie Legislature Of the State of
Minnesota:
SECTION 1. That section fifty-four (5;) of
chapter sixty (60), of the Compiled Statutes of
Minnesota be amended 80 as to read as follows:
When the plaintiff, his agent or attorney
shall file an affidavit or affidavits stating that
the defendant is not a resident of this State
that the affiant has made diligent inquiry for
him and has reason to believe and does believe
that such defendant is not therein, and that a
cause OF action exists against such defendant
or that he is a proper party to the action re-
iatng to real property in this State, the service
may be made by the publication of a summons
in either of the following cases:
LIST, Where the defendant is foreign cor
pOration.
I'd, Where the defendant, being resident of
Mate xx;fI, int,
to defraud his creditors, or to avoid the service
of summons, or shall keep himself concealed
therein with like intent.
Sd; Where the defendant is not q resident of
the State, but has his property therein, and the
action arises on obligation and the Court has
jurisdiction of the subject of the action.
4th, Where the action is for divorce in the
cases prescribed by law.
9th, Where the subject of the action is real
or personal property in this State, and the de.
fendant has or claims lien, actual or contin-
gent therein, or the relief demanded consists
wholly or partly in excluding the defendant
from any interest or lien therein.
SEC. 2. That section fifty-five (55) of said
chapter be, and is hereby amended SO as to
read as follows:
Section S. The publication shall be made in
newspaper published in the county where the
action is brought, and if there be no newspa-
per published in the county, then in newspa-
State, once in each week for six consecutive
weeks, and the service of the summons shall
be deemed complete at the expiration of the
time prescribed for publication as aforesaid.
SEC. 8. That section fifty-six (56) of said
chapter be and is hereby amended so as to read
as follows:
Section &C. In cases provided for in the last
two sections, except in an action for divorce,
the defendant or his representative, ON applica-
ton and sufficient cause shown, may be allowed
to defend within one year after Judgment, on
such terms as may be just and if the defend
ant be successful and the judgment, or any
part thereof has been collected or otherwise
enforced, such restitution therefor shall be
made as the Court may direct.
SEC. 4. That said original sections 81, 80 and
56 OF said chapter 80, of the Compiled Stat
utes, and all acts and parts of acts inconsistent
with this act, be and the same are hereby re-
pealed. Prorided, however. that all proceed
ings commenced under said original sections.
may be continued and completed in accordance
Herewith.
SEC. 5. This act shall take effect and be in
force from and after its passage.
Approved March 5, 1864.
AN ACT to protect purchasers of real estate
at Executive, Administrators or Guardians
Sales
Be 1t enacted by the legislature of the .Stae cf
SECTION 1. That whenever the sale of any
real estate which has heretofore been, or shall
hereafter be made by any Executor, Admins
traitor or Guardian of the estate of any deceased
person, minor or ward shall for any cause
whatever be void or irregular, and the pur-
chaser at such sale shall be purchaser in good
faith, and for valuable consideration, such
purchaser his assigns, legal representatives or
grantees, shall have lien on the real estate
so sold by such Executor, Administrator or
Guardian, for the amount of the purchase
money and the taxes on said real estate paid bv
said purchaser, with interest from date of pay
ment; and such purchaser, his assigns, rep
resentatives or grantees may apply to the |
Probate Court having jurisdiction of the estate |
of such deceased person, minor or ward, for a |
resale of said real estate; and for that pur- |
pose may file his petition with such Probate
Court, setting forth the facts of the case, duly
verified, and thereupon the said Probate Court |
shall make an order fixing the time and place for
hearing said petition, and give notice of such
hearing to all persons interested in such es.
tate by causing such order and notice to be |
served upon ali persons interested in said es.
tate or to be published for three weeks, or
both. and in such manner as such Probate |
Court shall direct, and if upon the hearing of |
said petition, and upon the Inspection and ex-
animation of all the records and proceedings in |
such case, the Probate Court shall adiudge and |
decide that such sale is valid, legal and regu-