The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1868-04-09
general statutes of Minnesota, is amended so
as to read as follows:

general statutes of Minnesota, is amended SO
as to read as follows:
| Section ia. The plaintiff or his attorney
may thereupon by endorsement in writing up.
| on the affidavit require the sheriff Of the
county where the property claimed may be,
! to take the same from the defendant and de.
| liver it to the plaintiff; and upon the receipt
| of the affidavit, with the endorsement thereon,
together with bond executed to the defen-
dant by the plaintiff, or somo one in his behalf,
with one or more sureties, to be approved by
the Sheriff, in an amount double the value of
the property; conditioned that the property
shall be returned to the defendant, if a return
shall be adjudged, and for the payment to him
Of such sum as for any cause may be recov-
ed against the plaintiff, the sheriff shall forth
with take the property described in the aft.
davit if it be in the possession of the defen-
dant, or his agent, and retain it in his custody
until delivered, as hereinafter provided. He
must also serve on the defendant, without de-
lay, a copy of the affidavit, endorsement and
bond, by delivering the same to him personal
ly, if he can be found or to his agent, from
whose possession the property is taken, or if
neither can be found, by leaving them at the
usual place of abode of either, with some per-
son of suitable age and discretion.
Sec. g. Section one hundred and twenty
seven Q27), of said chapter sixty-six (66), is
amended so as to read as follows:
Section l27. He shall file the affidavit and
endorsement, with his return thereon, with
the clerk of the court in which the action is
pending, within twenty days after taking the
property mentioned therein.
| Sec. 3. Sections one hundred and fifteen
Ql5), one hundred and sixteen Ql6), and
one hundred and seventeen Ql7), are hereby
repealed.
| Sec. 4. This act shall take effect and be in
force from and after its passage.
Approved March 6, 1868.
AN ACT TO amend section two hundred and
four (204) of chapter sixty $685. Of the
General Statutes, relating to postponement
| of trial.
Be 1t enacted By the Legislature Of the State Of
Minnesota:
SECTION l. Section two hundred and four
(2O4), of chapter sixty-six (66), of the general
statutes is hereby amended by adding at the
end thereof as follows, that is to say:
| And if the adverse party thereupon admit,
that such evidence would be given, and that
it be considered as actually given on the trial.
or offered and overrued as improper, the trial
must not be postponed.
Sec. 2. This act shall take effect and be in
force from and after its passage.
! Approved March 4, 1868.
AN ACT to amend chapter sixty-fve of the
general statutes, entitled courts of Justices
of the peace.
Be It enacted by the Legislature Of the State of
| Minnesota:
| SECTION l. Section one hundred aud four
of chapter sixty five of the general statutes is
hereby amended by adding at the end Of said
section the following:
Fourth-The party appealing shall pay to
the Justice his fees for making the return if
demanded by the Justice.
| Sec. 2. Section one hundred and seven of
said chapter is hereby amended so as to read
as follows:
Section (lo7.) Upon an appeal upon ques-
tons of law alone. the action shall be tried in
the district court upon the return of the JUS
tice; upon an appeal taken upon questions of
fact alone, or upon questions of both law and
fact the action shall be tried in the same man.
ner as actions originally commenced in the
district court.
SEC. g. Section one hundred and seven.
teen of said chapter is hereby repealed.
Sec. 4. This act shall take effect and be in
force from and after Its passage.
Approved March 5, 1868.
AN ACT to amend section six (6) of eighty
six (S6,) of the general statutes, relating to
appeals in civil actions.
Be 1t enacted By the Legislature of the State of
Minnesota:
SECTION l. That section six (6) of chapter
eighty-six (s6,) of the general statutes, be and
the same is hereby amended so as to read as
follows:
Section 6. 9 The appeal from. a judgment
heretofore or hereafter rendered, may be taken
within one year after the entry thereof, and
from an order within thirty days after written
notice Of the same
SEC. 2. This act shall take effect and be in
force from and after its passage.
Approved March 6, 1868.
AN ACT to amend section 297, of chapter 66,
of the General Statutes, in relation to judg-
ments.
Be 1t enacted By the Legislature of the State of
Minnesota
SECTION l. That section two hundred and
ninety seven, of chapter sixty-six, page 1872, of
the General Statutes of the State of Mime
sofa, be amended so as to read as follows:
Section 297. If the purchaser of real prop
erty sold on execution, or his successor
in interest is evicted therefrom in consequence
of irregularity in the proceedings concerning
the sale, or of the reversal or the discharge of
the jugdment, he may recover the price paid
with interest from the judgment creditor; such
judgment creditor, if the recovery was in con-
sequence of the irregularity, shall thereupon
be entitled to new execution on the judg-
ment at any time within ten years after such
eviction, for tho price paid on the sale, with
interest; and for that purpose the judgment
shall be deemed valid against the judgment
debtor, his personal representatives, heirs or
devsees; but not against q purchaser in good
faith or an incumbrancer where title or in
cumbrance has accrued before levy on such
new execution.
SEC. 2. This act shall take effect and be in
force from and after its passage.
Approved March 3, 1868.
AN ACT relating to the terms of the district
court of the second judicial district and of