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

the treasurer of the county tn which such sale is
made, + ,Frs- "a .ri,,,,A ps,is5ses, ls.fe ~
SEQ. .. The county treasurer shall, after de.
Quoting two Per cent; for bis fees, pay such sur
g;us money claimed within ~ one after ne
that town in which the beasts were distrsined. =
Sec. 10. In case the owner or OCCUPANT oflands
shall not distrain the, beasts doing damage as
beasts shall be liable In an action at law for al
damages done by such beasts during the NIGHT
Time, without, regard to the sufhciency Of the
fences on the lands in which damage is done.
sec. II. III any person, without the authority
OF law, and without first paying the damages and
costs, shall take such beasts after being dis
trained out OF the possession of the person max.
be, without their consent, then such person shall
De deemed to have committed misdemeanor,
ana shall be punished therefor by fne,. not ex.
ceedng one hundred dollars, or by imprisonment
not exceeding three months, and shalt besides be
liable In double the amount of damages COM
thereby.
with this act, are hereby repealed.
Sec. 49, This act shall take effect and be in force
ON and after the first day of June, A. d. 1865.
Approved March 2, 1866.
|. % f-..,s .a
An Act to Provide for the Sale and Conveyance
fanny Interest in Real Estate belonging to
Lunatics.
Be It enacted By the Legislature of the State of
SECTION i. Any lunatic seized of any real es-
tate or entitled to any term for years in lands or
having any tenancy BY the curtesy, or any tenan-
The s ss s nn
having sny real estate held by her ss her sepa.
rate estate, or having any dover admeasufed, OF
right Ct or inShoste rgas S n SoWs
or BY her husband, apply to the district court Of
the district In which such real estate, OF some
part thereof, is situate, or sacn .ahsM0 HS s,
band resides. for the sale or disposition Of the
same, in the manner hereinafter directed. Il.
see e. On such Application said guardian Hs no, Or
said husband shall give 6ond 70 tne Jaogs ot pro,
S S:te for eSe Ssnst such Snse
TO any bond given on appointment as guardian),
to be fled with the Judge OF sag pfo1ats court, N
form rs the said district court shall direct, CON
dtioned for the faithful performance of the trust
for the Rng Ss hnS
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 be 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. -sGsga cf 15g->a OF l.,
Sec. s. whenever it shall appear satisfactorily
anaRS %
years, or ola tenanoy By the ourtesy, or tenancy
by the curtesy initiate In any real estate, or q
disposition ofany real estate or Of her interest in
q term of years Of q married woman who Is lu.
matte, held by her as her separate estate, or of
any dover admeasured, or right Of dover, or in
choate right of dover of a married woman who
sRao anac OF
for his education: or that the interest of such Q
lunAtic requires, or will be substantially promot
ed p such disPositon on account Of any Part Of
idation lor on account Of its being wholly unpro
ductive, or when the same has been contracted
to be sold and conveyance thereof cannot be
peculiar reasons or circumstances, the court may
order the letting for term of years, or the sale
or other disposition Of such real estate interest
married woman who Is q lunatic, in such manner
and with such restrictions as shall be deemed ex-
pedisnt, or may order the falflment of said con-
tract BY conveyance by such guardian or husband
according to the terms of the contract.
Sec, 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.
ner against the provisions of any last will, or of
any conveyance by which such estate or term or
interest was devised or granted to such lunatic.
= tSec.7.. Upon an agreement for the sale leas.
ingo other disposition of such property being
made, or upon any conveyance in fulflment of
contract being executed in pursuance Of such or
the oath of the guardian or husband making or
executing the same, and, Except in the case of a
conveyance to fulfl contract if the report be
confirmed, conveyance shall be executed under
the directions of the court. 4... r... Fl. ..r
Sec. 8. All sales, leases, dispositions and con-
veyances, made in good faith BY such guardian
or husband, In pursuanc of such orders, shall be
when of sound mind.
Sec. 9. The court shall make order for the ap-
pllcation and disposition of the proceeds Of such
property, and for the Investment of the surplus
belonging to such lu9atS 80 az to secure the
rect the ascertainment of the value of any such
tenancy by the curtesy, or tenancy BY the crrtesy
Initiate, Or dover, Or right Of dover OF inchoate
investment and disposition to be made on oath,
as soon as may be, and shall require accounts to
be rendered periodically BY. any committee or
position Of the income Of such proceeds. '' -,
Sec. 10. No sale made as aforesaid Of the real
estate interest therein of any lunatic shall give
to such lunatic any other or greater interest or
matte had in the estate sold; but the said pro-
ceeds shall be deemed re al estate of the same ma
tIre as the property sold or the interest therein
der for the preservation of the same.
Sec. H. II the real estate of any hnatic, or
any psrt of it, shaIibe subject to dover or other
life estate and the person entitled thereto shah
consent, TN 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, ac
tual or contingent, in manner aforesaid.
+ Sec r. 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, 1866.
A. A "a Aunond Acf entitled an Acf Pro