The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1885-03-26

when such vaiue exceeds $500, 1000; and in ad-
d1tlon such executor, administrator or guardian
snail pay all sums necessarily expended in serV.
Ing or publishing notices required by law.
There shall be no discrimination made be-
tween resident and nonresident executors, ad-
illustrators or guardians or the estate Of resi-
dents or non-residents Of the State. No other or
different sum shall be required to be paid by
any party asking the aid Of such probate court,
SEC. 2 This act shall take effect and be in
force from and after its passage. save that
estates now pending shall be required to pay
no more than the law in force OF which this is
amendatory requires.
Approved March 8. 1885.
AN ACT to amend chapter five ~ General Laws
OF the State OF Minnesota, passed at extra ses-
sion 1851, entitled, AN act to amend title
nine ~ OF charter sixty-hve (60 Of General
plevin in justices courts"
Be 1t enacted By the Legislature ofthe State
of Minnie. ytA:
SECTION |. That section one ~ o. chapter
five 10? OF General Laws passed at extra session
one Thousand eight hundred and eighty -one
nS8D be amended so as to read as follows
The plaintiff shall also execute bond to the
defendant, with sufficient s,lretes. to beapproved
by the Justice, in a penalty ar least donble the
value OF the property sought, as appears by the
a1ndaVlt fed, conditioned that he will appear
on the return day of the writ and prosecute his
action to Judgment. and return the property to
the defendant. If u return thereof is ordered by
! the COURT and also pay all costs and damages
that may be adjudged against him. The bend
shall be filed with the justice for the use OF any
person injured by the proceedings, and an action
may be ma ntatned on such bond to recover the
| amount OF any judgment rendered on dismissal
OF the action for want OF jurisdiction, or any
other cause, or Tor failure to abide by any such
Judgment Or TO return the property when or
dcred by the court upon such dismissal
SIC. That section two ~ Of chapter five
~ OF General Laws passed at extra session
1881, be amended to read follows: Upon
the approval and filing by the justice of the bond
required by section one ~ OF this act, the Justice
shall issue writ directed to the sheriff Or any
constable OF the county in which the action may
be brought. commanding him to take the prop
erty described therein. and deliver the same 10
the plaintiff, and summon the defendant to ap-
mentioned in the writ"
SEC. 3. That section three ~ of chapter five
~ ct General Laws passed at extra session of
1881 be amended so as to read as follows: I'm
obedience to such writ, the officer receiving such
writ shall forthwith take possession of the prop
erty mentioned 10 the writ, if the same is in the
which purpose he may break open any dwelling
house or other enclosure, having first demanded
entrance, and exhibited his authority, if re-
CURED, and shall return the writ Immediately
after the service thereof, and state in his return
fully in what manner he served and executed the
same.
SEC. T. That section four az Of chapter five
~ OF General Laws passed at the extra session
0d 1881 be amended so as to read follows:
II the property sought be not obtained, the
plaintiff, if he establishes his right thereto, shall
recover the value OF that right; whether OBJ
tanned or not, he shall recover the damages and
costs ne has sustained in consequence of the
Illegal detention, or the taking or Withholding
thereof, and upon the entry Of any such judg-
ment the justice shall, at the expiration of ten
days thereafter. if no appeal be taken from said
Judgment. issue execution for the costs and
damages awarded to said plaintiff. together with
the amount due plaintiff as the value of the
property not obtained and to which plaintiff is
entitled.
SEC. 5. That section five 81 Of chapter 1--WE 81
OF General Laws passed at extra session OF L S1
oe amended SO as to read as follows: II the
plaintiff fails to ablish his right to the prop
erty, or the action js dismissed by the justice for
want OF jurisdiction,o other cause, the action
is dismissed by the pain6iff, the defendant shall
circumstances he shows himself entitled and in
addition thereto may have Judgment for the re-
turn OF the property or the value thereof if the
same snail have been taken out Of his possession
or delivered to the plaintiff.
SEC =. All laws or parts Of laws heretofore
passed, and inconsistent with the provisions of
this act, are hereby repealed.
SEC. z. This act shall take effect and be in
force from and after its passage
Approved March 5. 1885.
AN ACT to amend sections thirteen Q3), four
teen u4. seventeen %, eighteen l8) and
nineteen (l9l, OF chapter tifty-hlne (59). OF the
General Statutes Of 1873, relating to guar
Be i snaeied b. the Legislator. of tn. State
SECTION l. That sections thirteen (13), four
teen Il 4, seventeen az, eighteen Il 81 and nine
teen 90, of chapter ifty-n1ne go of the Gen.
era) Statutes of 1875. be amended to read as fol-
lows:
Section 10. That when any person has been
or hereafter 1s appointed guardian OF any person,
she passage of this act if already appointed and
within three months after his appointment il
hereafter appointed. make and file in the pro-
bate court by which the appointment is made
schedule of all the property belonging to tho
| estate of such person.
Section IA: Upon the fling of such schedule
hot hall
ing time and place when and where he will
hear, examine and allow claims against the es-
tate OF such person which have vested at and
prior to the appointment of such guardian,
which time shall be not less than six 81 nor
more than twelve months from the time Of max
ing said order in the first instance, and shall
next OF kin OF such person by posting it in four
public places In said county and publication
thereof for period OF four weeks in some news
paper printed and published in the county where
such person resides, or by personal service of the
said order uron them at least ten (1O) days be-
fore the day appointed for such examination, as
Section II. Every person having q claim
against any person proper to be allowed as here
inbcfore provided, who shall not after the pub
llcation OF notice as herein before required pre-
sent his claim to the court within the time lin
tied by the court for that purpose, shall be for
ever barred from recovering such demand or
ever.
Section 10. Nc action shall be instituted
against az the guardian OF any person except
possession of personal property, nor any
attachment or execution be issued against the
estate OF any person under guardianship until
after the expiration of the time allowed for the
payment by the guardian of claims allowed by
the court. as aforesaid.
Section 49, The right to appeal the time for
the payment of claims allowed by the court and
contingent claims and the distribution Of assets
among the creditors of any person under
guardianship shall be governed. by the same
tiS<oyN iSn
OF debts OF deceased person, substituting the
probate court for the commissioners and the
guardian for the executor and administrator:
Provided. that the provisions of said sections
fourteen l1D, seventeen %, eighteen (lS) and
nineteen shall not apply to minors under guard
ianship
SEC: 2 This act shall take effect and be in
force from and from its passage.
Approved March 8, 1885.
AN ACT to amend sections l, 81 and As of chap
ter one ~. General Statutes 1873, relating to
elections.
Be 1t enacted bs the Legislature Of tho State
sEcr1oN !. That section one ~, chapter one
u9 General Statutes ls7s be and is hereby
Section l. On the first Tuesday after the first
Monday of November, in each even-numbered
year, an election shall be held in the several cleo
tion districts of the State, which shall be known
as the biennial election, and the several State
and county officers, judges Of the supreme and
district courts members Of the legislature and
representatives in congress of the United States
shalt be elected at the biennial election next
preceding the expiration OF the term Of each of
the said officers respectively, and on the year
when a president and vice president of the
United States are to be chosen, number of
electors OF president and vice president of the
United States equal to the number OF senators
ana representatives to which this State is en-
titled in the congress- Of the United States shall
be elected at said election.
SEC 2 That the proviso at tho end of section
thirty -seven go OF said chapter he amended by
striking out the word annual" where IT. occurs
therein and inserting in lieu THEREOF the word
SEC. 3: That section forty-five (45) Of said
chapter be amended 30 as to read rs follows:
SectioO IL IAe reeuiar Of otiica 80 oil