The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1868-04-02

PENDANT in actions arising on contract for the
payment of money only; the plaintiff, upon
filing with the clerk proof of such service,
and that no answer has been received within
the time allowed by law, together with the
security hereinafter mentioned, shall be
entitled to Judgment in the same
manner as if the summons had been
served upon the defendant personally; in
other actions, upon filing the like proof tho
plaintiff may apply for Judgment and the court
shall the:eupon require proof to be made of
the demand set forth in tho complaint, and
may render Judgment for the plaintiff for such
amount, or such relief as he is entitled to re-
cover
In all cases where the summons has not
been served personally, tho plaintiff, before
Judgment is entered, must file, or cause to be
filed, satisfactory security to abide the order
Of the court touching the restoration of any
money OF property collected or received I'M
der or by virtue of the Judgment in case the
defendant or his representatives shall thereaf:
ter apply and be admitted to defend the action,
and shall succeed in the defense.
Prooaded, That when service of the sum-
mons is made by leaving a copy thereof at the
house of the usual abode Of the defendant, and
tho officer or person making such service shall
return that he left such copy with some person
OF suitable age or discretion, then resident
therein, it shall be deemed personal service,
and in such cases judgment may be entered
without filing the security herein provided
for.
Sec. 2. This act shall take effect and be in
full force from and after it's passage.
Approved, March 8, 1868.
AN ACT to authorize the District Court on any
judge thereof, in actions now or hereafter
pending therein, to bring parties into court
to defend such actions by order.
Be 1t enacted By the Legislature Of the State of
SECTION l Whenever the plaintiff his agent
or attorney in any action now or hereafter
pending in any of the district courts of this
State, shall discover that any party ought, in
order to full and just determination of such
action, to have been made defendant therein,
and shall make an affidavit stating the tendency
OF such action and the reasons why such party
ought to have been made defendant therein,
and present the same to said court or to
judge thereof the said court or judge shall, if
such reasons are deemed sufficient, grant an
order, reciting the summons by which the
action was commenced, and requiring the said
party to appear and answer the complaint in
said summons named within twenty days after
the service of such order upon him, exclusive
OF the day Of such service, and in default
thereof, the jugdment or relief demanded in said
complaint will be rendered against him, in all
respects as though he had been made party
to such action in the first instance
Sec. g.. The order shall be served upon the
party in the manner now provided by law for
the service Of summons in said court, in CIV
il actions.
SEC. 3. The said court or Judge may upon
application of the plaintiff at the time of ap-
plying for the order in the first section of this
act named or at any time thereafter, make an: or
der staying all further proceedings in said &C.
ton, for such time as may be necessary to en-
able the plaintiff to have the said party in said
section named, brought into court to defend in
said action.
Sec 4. After party has been brought in
to court under the provisions Of this act, the
action shall proceed against all the parties
thereto in the same manner as though they
had all been originally made defendants there
in.
Sec. 5. This act shall take effect and be
in full force from and after its passage.
Approved February ~, 1868
AN ACT to provide for the compensation of
the officers and members of the Legislature.
Be 1t enacted By the Legislature of the State of
MINNESOTA:
SECTION !. That the compensation OF the
officers and members Of the Legislature shall
be as follows
The per diem of the President of the Senate
and Speaker of the House of Representatives
shall be ten dollars ($l0).
OF the Secretary of the Senate and Chief
Clerk of the House shall be seven dollars $50.
Ut the Assistant Secretary of the Senate and
Assistant Clerk Of the House, six dollars ($6).
Of the Senators and Representatives and
Chaplain, five dollars 49,.
Ut the Enrolling and Engrossing Clerks, five
dollars (S5).
OFT Sergeant-at-Arms and Fireman, FIVE
dollars (S5).
Of the Messengers, two dollars (S2).
Sec. 2. The President of the Senate, Speak
er of the House, and members of the two
Houses shall receive mileage at the rate of
fifteen cents (.l5) per mile for the distance
necessarily travelled in going to and returning
from the sessions of the Legislature.
SEC. ;. 1t shall be the duty of the Secreta.
ry of the Senate, and Chief Clerk of the House,
to issue certificates for mileage and per diem
to the presiding officers, and members of their
respective Houses, and certificates for per
diem to the officers of the same, as provided |
for by this act; upon the presentation of such
certllcate, signed by the presiding officer and
clerk, Of the House to which the member, or
officer, presenting the same belongs, to the
State Auditor, he shall issue his warrant upon
the Treasurer for the sum therein named, |
which amount shall be paid on presentation,
out of any money in the treasury appropriated
for that purpose.
Sec 4. All acts or paris of acts inconsist-
ent with the provisions Of this act are hereby
repealed.
SEC: s. This act shall take effect and be in
force from and after its passage.
Approved Feb. s, 1863
AN ACT for an act to amend an act entitled
an act for the establishment and location of |
a Hospital for the insane in the State of
Minnesota. and to provide rules for the reg
ulation of the same, approved March I'd,
1866: and to repeal Chap. IL of the session
laws of 1857, approved March 9th, 1867.
Re R7 of SNofo