The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1901-04-20

be brought to trial by either party; provided,
maj tnas IN an causes in which an appeal shall be
court, such demand for another trial may be
MADE at any time within six months after
wratten notice Of the determination Of such
appeal, and thereupon the action shall be
srled and may be brought to trial by either
party. Provided, that unless such notice Of de-
m thai Tor new trial with proof Of service
tnereof be filed with the clerk of the court in
which Judgment has been shall be recovered
IN such action within two years after the entry
the court Within 81 an veage from no
the date Of filing in the district court remit
s tttur from said supreme court showing the
shall be had of such action hereunder.
Sec Sec. 2 This act shall take effect and be in
September. A. D. 1901.
Approved April 18th. 1901.
CHAPTER 345-H. F. NO. $50.
AN ACT to prohibit the issuing Of summons
or process or service Of the same from courts
OF Justice Of the peace. in cities having a
population OF two hundred thousand GOO oo)
{ inhabitants. Or over, and having a regularly
constituted municipal court
Be 1T enacted by the Legislature Of the State OF
Section l. That no justice OF the peace shall
nave Jurisdiction to issue any summons any
oe oafa process, except executions in any civil
population Of two hundred thousand (2OO OOO)
inhao1tants, or over, having regularly consti-
tuted municipal court, and any service OF any
peace made within such city shall be void.
SEQ = This act shall take effect from and
after April 7, 1901.
Approved April 18th, 1911.
CHAPTER Bach. F. NO. 5e2
AN ACT to determine the descent OF real es-
tate In certain cases and to assign the same
and make record thereof.
Be 1t enacted by the Legislature OF tho State Of
Minnesota:
Section 1. Whenever it shall appear by the
petition Of any person claiming any interest in
real property, to the probate court OF any
county, wherein said real property is situated.
that more than five years have passed since the
death of any person, who died owning said
real property, some interest therein and that
ton granted in this state upon the estate Of
sueh deeedent. it shall be the duty OF the pro
bate court to issue its order for hearing on
such petition, and the same shall be served and
published as provided by law for the service
and publication Of notice for hearing Of petit
lions for final DEGREES in said court. and such
petitions shall be heard in like manner with
petitions for such final DEGREES.
Sec. 2. Such petition shall contain the name
decedent and statement of his last will and
testament. If he left any, and the names and
residences of the heirs and devisees If any,
OF SUCH decedent, all according to the best in
formation Of the petitioner and a description Of
the real property to be affected and the in
terest of the decedent therein: ANY person In,
terested shall have the right to answer said
thereof.
sec. 5. upon the nearing OF such petition, II
1t shall appear that such decedent died testate
his last will and testament shall be admitted
to probate, upon like proofs required ~
law. and in all cases coming within the pro,
visions Of this act. the probate court shall
proceed to bear and Determine the facts upon
5aeh petlton and shall make and enter its
sStitaed 2ioS andsr such s' qsesdsnt. ead sSsR
with any final decree Of the probate court. and
be subject to appeal to the district court in like
may be recorded in the Office Of the register
OF deeds In any. county in this state in which
are situated any Of the lands described In such
reception book the name Of the decedent as
grantor and the names Of the parties to whom
| such lands are assigned and distributed as
grantees. -
Sec. 4. Chapter 157 Of General Laws Of 1897
is hereby repealed, but this act shall not af-
or now pending under the terms Of said chap
ter 157 Of General Laws OF 1897. and all de-
crees heretofore entered or hereafter to be en-
157. General Laws Of 1897, shall have like force
and effect as DEGREES that shall be entered
pursuant to the terms hereof.
Sec. B. This act shall take effect and be In
Approved April Is. 1soi.
CHAPTER BAH. F. NO. 563.
AN ACT to amend section two thousand seven
hundred ninety-seven (279O Of the General
Statutes Of one thousand eight hundred nine
ty-four (1S94), relating to corporations.
Be it enacted by the Legislature of the State Of
Minnesota:
Statutes of 1884, be amended SO as to read as
follows:
shares.-The amount Of capital stock In any
such corporation shall in case be less than
ten thousand dollars and shall be divided into
shares Of not less than one dollar nor more
the capital stock of mutual building and loan
associations may be divided into shares Of two
hundred dollars each. and the capital stock
and number Of shares may be increased at any
regular special meeting Of the stockholders"
Sec. 2. This act shall take effect and be In
Approved April Is. 1901.
CHAPTER BASH. F. NO. 565.
AN ACT to amend the title and section one G)
Of chapter two hundred and ffty-seven (257),
General Laws Of eighteen hundred and nine
ty-nine $500.
Be it enacted by the Legislature of the State of
Minnesota
Section l.. That the title Of chapter two hum
dred and flfty-seven (25D, General Laws Of
eighteen hundred and ninety-nine $780, enti-
tied AN act to prevent the use Of chemical
agents as preservattves in milk, cream, cheese
and butter" shall be amended to read as fol-
lows:
IAN act to prevent the Of chemical agents
preservatives in milk, cream cheese and
butter or food products Of any. nature what
ever"
Sec. 2. That section one ~ Of said act shall
be amended to read follows:
"Any person, firm corporation who shall
sell, or offer for sale, consign, have in his
possession with intent to sell to any person or
persons, any milk. cream or food products of
any nature whatever, butter cheese or any
other dairy products. who shall deliver to
any creamery cheese factory milk or cream
to be manufactured into butter or cheese. to
which has been added any preparation in pow
dsrsa nv or be auia form kS as
Shall be deemed guilty Of msdemeaIDor, and
upon conviction therefor be punished by a fine
Of not less than twenty-five nor more than one
hundred dollars for each and every offense.
This act shall not be construed to prohibit the
use of salt in butter. r''. ..
Sec. g. This act shall take effect and be in
force from and after its passage.
Approved April 10. 1901.
CHAPTER 349-H. F. NO. &c.,
AN ACT to validate certain judgments where
jurisdiction has been obtained by publication
Of summons without filing affidavit before
publication.
Belt enacted by the Legislature Of the State OF
Section 1. That In all cases where Judgment.
or DEGREES have been entered in the district
court Of this state where jurisdiction Of any
defendant has been obtained by publication Of
summons and the affidavit for such publication
has not been filed with the clerk Of court before
the issuance Of the order of court authorizing
such publication or before such publication all
such Judgments or DEGREES, when otherwise
legal and valid, are hereby made valid and
binding upon all such defendants 50 served bv
publication, In like manner II such affidavit
had been filed with the clerk, as required by
law, prior to the issuance Of such order and the
publication Of such service summons
Provided. however. that this act shall not ap-
ply to cases wherein the Judgment and decree
has been entered since the 9Th day Of july.
1887; and provided further that nothing herein
contained shall apply to or affect any actions
OF proceedings now pending in any court Of this
state. za1ssss 1900 = -
SEQ e. This act shall take effect and BE- in
q Approved April 49,. 1901.
CHAPTER 35O-H. B.. No. 57s
AN ACT to amend section 3711 or the