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

ApPeiate Court; but in case no such appeal
y aken, tne decision and order of the Probate
CCgrs sneIsin snail be final and conclusive
evidence OF the legality and validity of such
sale, and OF the title Hereunder acquired or e
on the other hand, said Probate Cont nnon
such hearing and the examination of tho .o
cords and the proceedings of the case sboII cd
judge and decide that such sale was irregular il
leSai OF Volo, ne snail order resale of the real
estate SO improperly sold, and for that mrnose
shall order and direct the Sheriff of the county
in which such real estate is situated. to re-sail
the same, complying with the Statutes regu-
lating the sale of the real estate of deceased
persons, minor and ward, by Executors, Adj
ministratOrs or Guardians SO far as applicable
in all respects; and said Sheriff and his sureties
shall be liable on his official bond for the faith
full performance of such duty, and upon such
resale the said real estate shall be sold to the
highest bidder for cash. and the Sheriff shall,
out of the money arising from such sale, retain
for the use OF the parties entitled thereto the
expenses OF such proceeding and sale, and
from the balance remaining, shall in the first
instance, pay over to the original purchaser,
his assigns, representatives or grantees, an
amount (f so much he has, equal to the
original purchase money, and taxes paid on
said real estate, with interest thereon, from
the date OF the payment of the same; and the
residue, if any, shall be paid into the Probate
Court granting the order of resale. for the use
"
ward, taking the receipts of all persons to
whom such money is paid; and for the proper
disposition and payment of the money paid
said Judge OF Probate and his sureties shall be
liable on his official bond. The Sheriff shall
make full report of his proceeding upon the
sale, and if said sale has been in all respects
fairly and honestly conducted and the same
tirmed by the order of the Probate Court,
and shall be con if such order shall not be
appealed from to the District Court as pro
vided by law, the sale shall be held final
and conclusive, and the deedof the Sher-
iii made in pursuance thereof, shall pass and
convey to the purchaser, q full complete
and perfect title to the real estate so sold.
Sec. 2. That in all cases when Probate
Court shall hereafter make an order ratifying
| and confirming sale of the real estate of any
deceased person, minor or ward made by any
| Executor, Administrator or Guardian, no pro-
| ceedings shall be had to set aside or vacate
such sale after the expiration OF two years from
| the date and entry OF such order of confirma-
ton of said sale, and if said order of cOnfrma-
| ton has been heretofore made, no proceedings
| shall be had to set aside and vacate said sale
| after the expiration of two years from the pas
| age of this act; and the conveyances of the
| Executor, Administrator or Guardian made in
| pursuance OF any such sale, shall not after the
expiration of two years be welded by any court,
for ary irregularity or omission in the proceed
ings before the sale, unless it shall appear that
there was fraud in the acts of the Judge of
Probate, Executor, Administrator or Guardian
or purchaser, either or all, whereby injury re-
suits to the estate of such deceased person,
minor or ward.
SEC. 8. This act shall take effect and he
in force from and after its passage
Approved, March 8, 1864
AN ACT in relation to COnstables fees Tor
travel in serving process.
BE it enacted by the Legislature Of the State Of
Minnesota:
SECTION 1. Constablcs for serving any pro-
cess or paper authorized to be served by them,
shall be entitled to charge and receive for
travel ten cents per mile, both going TO and
returning from the place OF service.
Sec. 2. All laws inconsistent with this act
are hereby repealed.
SEC. 8. This act shall take effect and be in
force from and after its passage.
Approved February "a, 1864.
AN ACT TO repeal Chapter % of Session Laws of
1862, relating to the filing orders and pleadings
Minnesota:
SECTION /. That chapter twenty-three t2a) of the
Session Laws of 1862, be and the same is hereby
amended 70 as to read as follows:
Sec. l. The various undertakings required to b..
given by this statute and the afidavits and other
written proceedings in action must be filed or en-
tercu III court or WIN Ine cierk tnereO unless the
court expressly provide for different disposition
thereof except that the undertaking provided for by
this chapter, or the claim and delivery Of personal
property must after the justification of the suretes
be delivered by the Sheriff to the parties respectively
for whose benefit they are taken the summons and
several peadngs in an action must be filed with the
clerk within ten days after the service thereof re-
spectively, or the adverse party, on proof of the
omission, is entitled, without notice. to an order
from Judge that the same be filed within term
specified in the Oider, or be deemed abandoned.
Sec 2. This act shall take effect and be in force
from and after its passage.
Approved March 8, 1864.
A JOINT RESOLUTION to extend the pro-
visions of a Joint Resolution. approved
March 9Th, 1868, entitled Joint Resolution,
for the appointment of additional commits
siOners to receive soldiers votes"
Resolved, By tie Legislature of the State Of Mn
nesOtG:
That the provisions of the Joint Resolution,
approved March 9Th, 1868, entitled Joint
Resolution for the appointment of additional
commissioners to receive soldiers votes be
and the same are hereby extended for the pc
Rod of one year.
Approved February "a 1894.
A Washington dispatch says it is I'M
l. LIT A. IL A.