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


act, and all continuances and notice now made
or taken to the District Court of said county.
shall be deemed to be made or taken to the
next term thereof, as fixed by this act
Sec g. That so much of the act approved
February twenty-ninth (29), one thousand
of holding said Court in said Dakota county,
be and the same is hereby repealed.
Sec 4. This act shall take effect and be in
force from and after its passage.
Approved, March g. 1864.
AN ACT to prevent Fraud in Warehousemen
and others.
BE It enacted by the Legislature Of the State of
Minnesota:
SEcTIoN 1. That no warehouseman, wharfin-
ger, or other person, shall issue any receipt or
other voucher for any goods, wares, merchan-
disc grain or other produce or commodity, to
any person or persons, purpOrting to be the
owner or owners thereof, unless such goods.
wares merchandise, or other produce OF COM
modify, shall have been bona fde received into
store BY such waTehOuseman or wharfinger.
or other person, and shall be in store and un,
der his control at the time Of ISSUING such re-
ceipt.
SEC. 2. That no warehouseman, wharfnger
or other person, shall issue any receipt or other
voucher. upon any goods, wares, merchandise
grain or other produce or commodity, to any
person or persons, as security for any money
lOlned, or other Indebtedness, unless such
goods, wares, merchandise, grain or other
produce or commodity, shall be, at the time of
issuing such receipt, the property of such
warehOuseman or wharfnger, or other person.
and shall be in store and under his control at
the time of issuing such receipt or other
voucher as aforesaid.
Sec. 3. That no warehOuseman, Wharfinger
or other person, shall issue any second receipt
for any goods, wares, merchandise, grain or
| other commodity, while any former receipt for
any such goods or chattels as aforesaid, or any
part thereof, shall be outstanding and uncan-
celled.
SEC. 4. That no warehOuseman, wharfin-
ger or other person, shall sell or cucumber,
ship, transfer or in any manner remove beyond
his hmm ediate control, any goods, wares, mer-
chandise, grain Or other produce or commOd-
| ity, for which a receipt shall have been given
as aforesaid, without the written assent Of the
person or persons holding such receipt.
SEC. D. ANY warehOuseman, wharfnger OF
other person, who shall violate any of the fore
going provisions of this act, shall be deemed
to be guilty of crime and subject to indict
ment, and, upon conviction, shall be fined in
| any sum not exceeding one thousand dollars,
ana imprisoned in the penitentiary of this State
| not exceeding five years, nor less than one
year and all and every person agrieved by the
violation of any of the provisions of this act,
may have and maintain an action against the
| person or persons violating any of the fOregO-
ing provisions OF this act, to recover all DANA
ages, immediate or consequential, which he or
they may have sustained by reason of any such
violation as aforesaid. before any court of COM
petent jurisdiction, whether such person shall
have been convicted as a cheat under this act
| or not.
Approved. March 4, 1864
AN ACT to amend section one OF chapter six
ty five of the Compiled Statutes, relating to
the partition of real property.
BE 1t enacted by the Legislature of tie State of
| Minnesota:
| SECTION 1. That section one Q) of chapter
sixty-five (65) of the Compiled Statutes, rela-
ting to the partition of real property, be
| amended so as to read as follows:
| When two or more persons are interested in
real property as joint tenants, or as tenants in
| common, in which one or more of them have
an estate of inheritance or for life or wears. an
action may be brought by one or more of such
persons against the others, in the District
| Court of the proper county, for a partition
| thereof, according to the respective rights and
| interests of the persons interested therein, and
for sale OF such property, or part of it if it
appear that partition cannot be had without
great prejudice to the owners.
Sec. 2. This act shall take effect and be in
| force from and after its passage
| Approved. March 1864.
| AN ACT to amend section ninety. of chapter
eighty-fOur of the Compiled Statutes in re-
relation to evidence.
| BE it enacted by the Legislature Of the state of
| Minnesota:
| SECTION L. That section ninety of chapter
| eighty-four of the Compiled Statutes be, and
the same is hereby amended so as to read as
| follows, to wit:
i S. 80. All plats of SURVEYS of public
lands in this State certified by the Register of
| the Land office of the district in which such
| land is situated, to be q true or correct copy
OF the certified copy on file in his office of the
original plat OF such surveys, and all certiti-
Gates by the Register of such Land Office, of
the surveys of, and of the entry and location
Of and ofOther facts in relation to, such lands,
taken from the books of such land office, or
| from the certificate endorsed on the copy of
the original plat OF lille in such land Office shall
entltle such certified copy or certificate to be
| used in evidence in any court in this State: and
shall be prima facie evidence of the facts there
in stated.
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 of Chapter 81 of
the Compiled Statutes, relating to trial by
Referees.
BE 1t enacted by the Legislature of the State of
Minnesota:
SECTION l. That section fifty-two (52) of
chapter sixty-one CD page 563, of the Com.
piled Statutes of Minnesota, be and the same is
hereby amended to read rs follows, to-wit:
Section 80. A reference may be ordered to
any person or persons, not exceeding three
agreed upon by the parties, or if the parties do
not agree, the Court or Judge must appoint
one or more persons. not exceeding three, who
may be residents of any county of this State.
having the qualification of electors.
SEC. 2. That all acts or parts of acts in con-
flict with said section as hereby amended. be
and the same are hereby repealed.
Sec 3. That this act shall take effect and be
in force from and after its passage.
Approved March 3, 1864.
AN ACT to amend chapter one hundred and
four of the Compiled Statutes, relating to
Grand Jurors.
BE 1t enacted by the Lgestature of the State Of
Minnesota:
SECTION l. That section 80 of CHAPTER 1O4 of
the public statutes of the State of Minnesota.
page 752, as amended by chapter 20 of the gem
eral laws of the State of Minnesota. for the Wear
1868, be so amended as to read as follows:
Section 80. Upon such inquiry. if from the
avidpnce the Grand .Jnrv hal;e,,o or, ,,orso,,