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

AN ACT to amend section 49, title 9, chap
ter &C, of the General Statutes entitled AT.
tachment''
Be 1t enacted by the Legislature of the State Of
| Minnesota:
SECTION l. That section l43, title 9, chap
ter 66 of the general statutes be amended to
read as follows:
| Section l43. Whenever any real estate has
been attached by virtue of any writ of attach.
ment such real estate shall be bound and the
attachment shall be lien thereon from the
time that certified copy Of the attachment,
with the description of the real estate, has
been delivered for record in the Office of the
register of deeds in the county where the
same is situated, and not otherwise. Every
register of deeds shall note the day, hour and
minute when he receives such certified copy
and Shall record and index the same in the
books kept for the recording and indexing of
mortgages. Such real estate may be discharg-
cd and released of record from such attach
ment in the following manner, to wit:
First-By filing for record in the Office of
the register of deeds of the county wherein
| such real estate is situated, a certified copy of
the order discharging or vacating said attach
| mant.
Secondly filing for record with such reg
| lister of deeds, satisfaction of Judgment render
| ed in such action.
Thirdly Judgment being rendered in the
action in favor Of the defendant against whom
the attachment is issued, upon filing for re.
cord in tho Office of said register of deeds a
| transcript of such judgment.
Fourth-By filing for record in the Office of
such register of deeds satisfaction and dis
| charge of such attachment executed by the
plaintiff in said action in the same manner as
is required by law for the execution of con.
veyances of real estate.
Sec. 2. All acts or parts of acts inconsis-
! tent with the provisions of this act are hereby
repealed.
Sec. 3. This act shall take effect and DO in
force from and after its passage.
Approved March 6, 1868.
AN ACT to amend section seven CD, of chap
ter seventy-three (73), of the General Stat
utes in relation to witnesses.
Be 1t enacted by the Legislature Of the State OF
| Minnesota:
sEcpoN l. That section seven (7), of chap
ter seventy three. (73) of the general statutes,
be amended so as to read as follows: "All
persons, except as hereinafter provided, hay
ing the power and faculty to perceive and
make known their perceptions to others, may
be Witnesses; neither parties nor other per-
sons who have an interest in the event of an
| action are included, nor those who have
been convicted Of crime, nor persons on &C.
| count of their religious opinions or belief; al
| though in every case the credbility of the
| witness may be drawn in question. 4 md in the
trial OF all indictments, complaints and other
proceedings against persons charged with the
! commission of crimes or offenses, the person
so charged shall, at his request but not other
| wise, be deemed competent. witness; nor
shall the neglect or refusal to testify create
any presumption against the defendant nor
shall such neglect be alluded to or commented
upon by the prosecuting attorney or by the
courts
Approved March 6, 1868.
AN ACT to compel attendance of witnesses in
certain cases.
Be 1t enacted by the Legislature of the State OF
Minnesota:
SECTION J. Whenever the attorney general,
or the county attorney of the county in which
any prosecution for a fee is pending for felony,
shall make out and file in the court in which
the trial upon such prosecution is to be had,
an affidavit setting forth that any person is 1.
material witness ON the part of the State in
such prosecution pending in such court, and
that he has good reason to believe that such
person will leave the State before the trial of
such prosecution, and not return or be present
at the time of such trial, such court or Judge
thereof in term time, or in vacation, may or
der such person to be brought before the court,
or the judge thereof, and if in the judgment of
the court, or judge, the circumstances of the
case or the interests of the State warrant such
proceeding, may require such person to enter
into recognizance, with or without suret;es,
as said court may direct, and in such sum as
col c1a11 for hon
ance at such trial, and if such person shall re-
fuse or neglect to enter into such recognizance,
said conrt shall order him or her committed to
the common jail of such county until such
trial shall be had, or he or she shall be thence
discharged according to law.
SEC. 2. This act shall take effect and be in
force from and after its passage.
Approved March S, 1868.
AN ACT to provide for the filing or service of
undertakings in lieu of bonds in certain
Be 1t enacted by the Legislature of the State of
Minnesota:
SECTION l. That in all cases of appeal
from the board of county commissioners to the
district court upon the allowance or disalow-
ance of any account or Indebtedness. and in all
actions brought before justices of the peace,
and in all cases of an appeal from a justice
court or probate court to the district court,
! and in all actions commenced in the district
court, and in all cases of appeal or writ Of
error to remove cause or proceeding therein
to the supreme court, and in all cases of special
or equitable proceedings in either the district or
supreme courts filing or service or both, as
maybe required by law or the practice of the
court, of an undertaking signed by a surety or
sureties, as the law may require, containing a
condition substantially the same as that requir-
ed by law, to be contained in the various bonds
now required by law in such cases, with like sur
tiles, qualifications and Qualifications, and
without any acknowledgment and without the
seal or signatures or the persons or parties
taking such proceeding, shall be deemed a suf
ticient compliance with the law to sustain
any such action, appeal or proceeding, and
every such undertaking shall be
construed in any proceedings taken or