St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-03-10
Senators Discuss the Cues
ton Of Issuing State Teach
ers' Certificates,
And Generally Round Up a
Batch of Local and Unim-
portant Measures.

liar law In operation i'll the state of
Massachusetts. Senator DonneIly had
the substitute bill and the original bills
made special order for Thursday
morning at 10 o'clock. The Importance
of the proposed legislation by the SEN
ator from Dakota will merit the publ
cation of the substitute. bill which Sen
ator Tawney reported. 1t reads:
section |. When any person has an inter
est III taxable real estate as owner of a mort
gage pond, contract or other conveyance
given To secure the payment of money the
amount OF which is fixed and certain. and
which has been duly recorded as hereinafter
provided. the amount of said persons inter
EST as mortgage or owner of such mortgage,
bond or contract or other conveyance Shall
be assessed as real estate in the city. village
or township or other proper assessment dis
trlct where the land described in such mort
gage Is situated; and the mortgagor shall
BE Assessed Only
foG the full and true value If said real estate.
after deductlug the mortgages interests
therein which have been assessed and taxed
as herein provided When morlgaged prop
erty IS situated III different cities. villages
and townships, the amount of the mort
gagee interest 20 be assessed in each city,
village or Town shall be pToportioned TO the
assessed value i'll the respective cities, vii
lagos or townships, of the estate mortgaged
aiId situated therein, deducting thcrefrUm
the taxable amount of prior mortgages, if
any, OH such real estate.
sec. y Before any mortgage. or any as
SiSnment of any mortgage or other instru-
ment. given 10 secure the payment of money.
shall be recorded in the office OF the register
OF deeds. 1t shall be presented 10 the county
auditor, or other proper officer. who shall
list the same for the purpose of
Taxing the Interests
= 1.
estate security. in the land described therein.
lie shall certify upon such mortgage. or other
instrument, when presented. that the same
has been so listed by him for taxation. and
1t shall be the duty of such county auditor 10
annually enter in the assessment books of
the town. city or village, or other assessment
district in which the real estate described in
such mortgage, or other instrument Is stu
ated, except as hereinafter provided. the in
terest which the owner of such mortgage or
other instrument has therein: any register of
deeds who shall record any mortgage or any
assignment OF mortgage. or record any
other instrument given to secure the pay
ment OF any money without the certificate of
the county auditor herein provided for in
dorsed thereon, shall he deemed guilty Of Il
misdemeanor. and upon conviction thereof
.shaifbc punished by fine of not less than
fifty dollars 500 nor more than one hun
dred dollars 600
See. >. The owner or holder of such mort
gage or other
Real Estate Security.
shall file or cause TO be filed in the office Of
tie county auditor. on or before the Both day
of AprIl, a statement. under oath, of all his
estate liable TO taxation hereunder. including
the full amount remaining unpaid upon said
mortgage and his interest therein, ana if lac
fails so to do the amount stated in the mort
gage or other instrument shall be inclusive as
TO the extent of such interest: provided how
ever. that nothing herein snail be construed
10 allow the taxing of the mortgages inter
est III such real estate TO a greater extent than
the whole assessed value of the land and
structures thereon. or affixed thereto.
Sec 4. Mortgagors and mortgages here
inbeforc referred 10. shall. for the purpose of
taxation under the provisions of this act. De
deemed joint owners, until the mortgage
takes possession under his mortgage, of the
property described therein. If the first mort
gage is in possession lie shall be deemed
The sole Owner,
aul any other MORTGAGE in possession shall
be deemed joint owner with prior mortgages.
For the purpose OF assessing and collecting
taxes under the provisions of this act the
persons appearing of record as owners of
real estate shall be held to be the true owners
thereof, unless the contrary is made to ap-
pear.
See. >. All taxes assessed as herein pro-
Vided shall constitute Il lien upon the land
and structures thereon or affixed thereto.
and the provisions of law now in force re
lating to the collection of taxes upon real es-
tate. and the sale and REDEMPTION of real
estate sold for taxes levied under the pro-
visions of this act. or to the redemption of
real estate sold for such taxes; provided,
however. that any sale of an estate for de-
linquent or
Unpaid faxes
assessed and levied under the provisions of
this act shall be for the whole estate, and no
sale shall be for the undivided interest of
any one or more of the joint owners thereof.
see T. If any part of the taxes duly as
sessed upon real estate or upon any interest
therein under the provisions of this act
shall remain unpaid on the first day of June
next ensuing after the same has been as
sesSed. either party may pay the same, to-
gcther with all costs and penalties due
thereon, and if paid oy any mortgage or
owner OF any mortgage. or other instrument
given 10 secure the payment of money, the
person 50 paying may take from the county
treasurer Il certificate setting forth the
amount of the taxes so paid by him, and
such sum or sums so paid for taxes costs
and penalties other than those assessed
against his interests III the real estate shall
be added to and
Constitute Il Part
OF the principal sum of the mortgage debt.
When taxes SO assessed To any mortgage
have been paid BY the mortgagor or those
claiming under him, he shall have the right
TO deduct the amount 50 paid with interest
lTOll liiC dlilOuilt tltiG tliC iHtItSJSGG
or other person against whose interests in the
real estate SAID taxes were assessed, unless
the parties have agreed otherwise i'll writing;
provided that any person whose taxes shall
have been so paid by another. shalt have The
same right in regard TO recovering back taxes
illegally assessed that he would have had if
the taxes had been paid under a protest by
him in writing.
SEC. l. The amount of any Indebtedness
the amount of which is secured by mort
gage or
Other Instrument
on real estate and taxable as real estate, as
herein provided shall not he listed for the
purposes of taxation, and shall not be as
sessed or taxed as personal properly.
Sec. ) All taxes on real estate assessed
under the provisions OF this act that are iu-
valid Tor Irregularity may be reassessed. and
no sale of such real estate shall defeat such
reasSessment, if made within two years after
the taxes first assessed were returned 20 the
county treasurer for collection.
Sec. 9. The provisions of this act, except so
far as they require all mortgages or other in
strurnents Ia he presented TO. and listed by
the county auditor before recording the
same, and except so tar as they require his
certificate that they have been So listed, and
Impose Penalty
for recording without such certificate. SHAH
not apply 10 amy mortgage or other instru-
ment given to secure debt whore the priu.
cipal of the Indebtedness so secured draws
interest at the rate Of per cent per annIm or
less and mortgages upon real estate, or inter
ests therein. given to secure an Indebtedness,
where the raie of interest which such in
debtedaess draws is per cent per
annum or less shall he exempt
from taxation. either as an interest in real
estate OF as personal property. provided that,
for the purpose OF determining the rate of in
terest which an Indebtedness secured bv such
mortgage or other instrument draws the
owner or holder thereof or his duly author
lZed agent shall, on presenting the same TO
the county auditor Tor listing, as provided by
section two CT of this act. file with such
county auditor Il statement under oath. set
ting forth the amount of
The Principal Due
upon such mortgage. the rate of interest. and
that there is not included in the principal so
secured, either commissions or interest. com
puted on such Indebtedness in advance, but
no mortgage or other instrument shall be ex-
eQpt tEom-taXaii2n when Lbs ali daytt bereius,