The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-03-31
and claim such surplus, the same shall be paid to
the treasurer of the county in which such sale is

and claim such surplus. the same shall be paid to
the treasurer of the county in which such sale is
made, s',-.- 2 ID ...,3,,.f u.r..5,.yt 40 ~
Sec. Q. The county treasurer shall after de.
Quoting two per cent. for his fees, pay such sur.
Plus money Il claimed within one year after the
distress, TO the owner Of such beasts, If not
claimed within that time, to the school fund Of
that town in which the beasts were distrained.
Sec. 10. In case the owner or occupant oflands
shall not distrain the, beasts doing damage "a
provided In this act, then the owner Of such
damages done by such beasts during the night
time, without, regard to the suficiency of the
fences on the lands in which damage is done.
pee: II: II any person, without the authority
costs, shall take such beasts after being dis
trained, out of the possession of the person max.
distress or out of the possession of the sher-
be, without their consent, then such person shall
De deemed to have committed misdemeanOr,
and shall be punished therefor by fine, not ex.
ceeding one hundred dollars, or by imprisonment
not exceeding three months, and shall besides be
liaole IN double the amount of damages COM
thereby.
Sec: II. All acts and parts of acts inconsistent
with this act, are hereby repealed.
Sec. ID. This act shall take effect and be In force
ON and after the first day of June, A. d. 1865.
Approved March 2, 1865.
An Act to Provide for the Sale and Conveyance
or any Interest in Real Estate belonging to
BE f" enacted BY the Legislature Of the State of
SECTION i. Any lunatic seized of any real es-
tate entitled to any term for years in lands, or
having any tenancy BY the curtesy, or any tenan-
cy by the curtesy initiate, may, by guardian duly
appointed, or If such lunatic is married woman
having any real estate held by her as her sepa-
rate estate, or having any dover admeasured, OF
right of dover, or inchoate right Of dover IN any
se
the district in which such real estate, or some
part thereof, is situate, or If such lunatic pc
band resd e for the sale or disposition Of the
same, in the manner hereinafter directed.
Sec. 2. On such application said guardian or
said husband shall give bond to the judge OF pro-
S a4 ta ne Ssnet q saS ns in
to any bond given on appointment as guardian),
TO Be fled with the Judge Of said probate court, in
sosm as ths said district court shall direct, CON
ditioned for the faithful OF the trust
reposed, for the paying over, Investing and &C.
such guardian or husband, according to the order
of any court having authority to give directions
in the premises, and for the observance of the or
ders and directions of the court In relation to the
Sec. 3. If such bond DO forfeited, the court
shall direct it to be prosecuted for the benefit of
Sec. T., Upon the fling of such bond, the court
may proceed in summary manner, by reference
TO referee, to inquire into the merits of such APP
plication. .e .: ... =.
Sec. S. whenever it shall appear satisfactorily
o2
years, or of q TENANCY by the curtesy, or tenancy
BY the curtesy initiate in any real estate, OF a
disposition OF any real estate or OF her interest in
matte, held by her as her separate estate, or of
any dover admeasured, or right of dover, or in
choate right of dover Of married woman who
Is a lunatic, Is necessary and proper, either for
the support any maintenance Of such lunatic, OF
for his education: or that the interest of such q
lunatic requires or will be substantially promot-
such property being exposed to waste and dilap-
idation or on account Of its being wholly unpro-
ductive, or when the same has been contracted
to o. s ee
peculiar reasons or circumstances, the court may
order the letting for term of years, or the sale
OF other disposition OF such real estate or
married woman who is q lunatic, in such manner
and with such restrictions as shall be deemed ex-
pedisnt, or may order the fulfilment of said con.
tract by conveyance by such guardian or husband
according to the terms of the contract.
Sec.6 8. But no real estate, or term of years, or
any interest in real estate hereinbefore named,
shall be sold, leased or disposed of In any man.
ucT dS0luSl Luc pfONlSlOuo VI 8uy ldSG Will, VI Vi
any conveyance by which such estate or term or
interest was devised or granted to such lunatic.
'Sec.7. Upon an agreement for the sale leas
ing or other disposition of such property being
made, or upon any conveyance in fulflment Of
der, the same shall be reported to the court on
the oath of the guardian or husband making or
executing the same, and, Except in the case of
confirmed, conveyance shall be executed under
the directions of the court. -. ....
Sec. 8. All sales, leases dispositions and con-
veyances, made in good faith by such guardian
valid and effectual as if made by such lunatic
when of sound mind.
Sec. 9. The court shall make order for the ap-
plication and disposition of the proceeds of such
property, and for the investment of the surplus
belonging to such lunatic so as to secure the
same for the benefit of such lunatic, and shall d.
rect the ascertainment of the value of any such
tenancy by the curtesy, or tenancy by the curtesy
right of dover, and shall direct a return of such
investment and disposition to be made on oath,
as soon as may be, and shall require accounts to
9th person Who may BE- entrusted with the dis.
position of the income of such proceeds.
Sec. 10. No sale made as aforesaid of the real
to such lunatic any other or greater interest or
estate in the proceeds of such sale than such lu
matte had In the estate so sold; but the said pro-
ceeds shall be deemed re al estate of the same
ture as the property sold, or the interest therein
of the said lunatic and the court shall make or.
der for the preservation of the same.
Sec. IL. II the real estate of any lunatic or
any psrt of it, shalibe subject to dover or other
life estate, and the person entitled thereto shall
consent, in writing, to accept gross sum in lieu
of such dover or other life estate, or the perma
nent Investment of reasonable sum, in such
manner as that the interest thereof be made pay
able to the person entitled to such dover or life
estate, during life the court may direct the pay.
ment OF such sum in gross, or the investment of
such sum as shall be deemed reasonable and shall
be acceptable to the person entitled to the said
dover or other life estate, or right therein, &C
tual or contingent, In manner aforesaid.
Sec. IL. Before any such sum shall be paid or
such investment made, the court shall be salts
fed that efectual release of such right of dover
or other life estate, actual or contingent, has
been executed.
Sec. 13. This act shall take effect Immediately.
Approved March 2, 1865.