The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-19

II every
of titles enters memorial upon a certificate
Of titles, or enters new eertfcate OF
cuted by the registered owner. or by reason
| Of any instrument or proceeding which effect
or devise the title of the registered owner
| against his consent, If the outstanding own
ers duplicate certificate is not presented the
| registrar of titles shall not enter a new GER
tlhcate or make memorial. but the Fersen
| claiming to be entitled thereto may apply by
petition to the court. The court may order
the registered owner or any person withhold
! ing the duplicate certificate to present SIR
| render the same, and direct the entry of
| memorial new certificate upon such presen-
| tation or surrender. If in any case the person
| withholding the duplicate certificate is not
amenable to the process of the court or can
not be found or If for any reason the out
standing awner's duplicate certificate cannot
court may by decree annul the and order
a new certificate of title to be entered Such
new certificate and all duplicates thereof shall
contain memorial of the annulment of the
| outstanding duplicate.
If in any case outstanding mortgages
and lessee's duplicate certificate is not pro
cured or surrendered when the mortgage
lease Is discharged, assigned or otherwise dealt
! with like proceedings may be had to obtain
| registration as in of the owners produce
ton of the owners duplicate certificate
See 49, In all cases where, under the pro
visions of this act. application is made to the
court for any order, or decree, the court may
refer the matter to one of the examiners of
title for nearing and report, in like manner
as is herein provided for the reference of the
| application for registration.
Sec so. Examiners of titles shall, upon the
request of registrar of titles. advise him
upon any act or duty pertaining to the con-
| prepare the form of any memorial to be made
or entered by the registrar of titles.
oS ee Or EyeTy writing lit ft and P S re-
registration shall contain or have Endorsed upon
it the fun name, place of residence and post
office address of the grantee other person
acquiring or claiming any right, title or inter-
est under such instrument Any change in
shall be Endorsed by the registrar of titles in
the original instrument on receiving sworn
| statement N ri opa
addresses shall also be entered on all certif-
Of the provisions of this act by the registrar
Of titles or by the court, after original regis
notified; If a resident Of the State of Mime
| sofa, as summons in civil actions are served,
and proof of such service shall be made as
on the return of summons ALI such notices
shall be sent by mail to the person to be
Minnesota, at his residence and postoffce adj
| dress, stated in the certificate of title OF
claims interest. The certificate of the reg
| istrar of letters or clerk of court that any
as aforesaid, shall be conclusive proof of such
| notice; provided, however, that the court may
in any case order different or further service
| by publication or otherwise.
Sec. 81. Any person claiming any right or
interest in registered land, adverse to the reg
istered owner arising subsequent to the date
of the original registration may, If no other
provision is made in this act for registering
| the same, make a statement in writing, set
ting forth fully Vlis alleged right or interest,
| and how under whom acquired and ref
erence to, the volume and page of the certlf-
description of the land which the right or
interest is claimed The statement shall be
signed and sworn to, and shall state the adj
verse claimants residence, and designate
place at which all notices may be served upon
him This statement shall be entitled to regis
tration as an adverse claim, and the court
upon the petition of any party in interest
shall grant speedy hearing upon the ques
| ton of the validity of such adverse claim, and
shall enter such decree thereon as justice and
If the claim is adjudged to be invalid the
registration shall be cancelled
costs and damages, including reasonable at
torney's fees it may deem just in the
Sec. SO. Upon the original registration of
land under this act, and also upon the entry
owners in heirs or GeVsee there shall be
| paid to the registrar of titles one-tenth of one
tate on the basis of the last assessment for
general taxation, an assurance fund.
Sec. "a. All of money received by the
registrar, as provided for in the last section,
shall be paid by the registrar to the county
treasurer of the county in which the land lies,
for the purpose of an assurance fund, under
the terms of this act; it shall be the duty
Of the county treasurer whenever the amount
| on hand IN said assurance fund is sufficient, to
invest the same, principal and income, and
report annually to the district, court the con:
dttion and income thereof all investment of
the fund any part thereof. shall be made
with the approval Of said court by order en-
tered of record. The said fund shall be in
vested only in bonds or security of the United
! States, or of one of the states of the United
States or counties Or other municipalities of
Sec S.. Any person sustaining loss OF dam
| feasance of the registrar Of titles or of any
examiner Of titles of any deputy, or by the
mistake or nNsfeasance Of the clerk of court
any deputy in the performance of their re-
spective duties under the provisions of this
act, and any person wrongfully deprived of
any land any interest therein through the
bringing Of the same under the provisions Of
this act. or by the registration of any other
| person the of such land,
mistake, omission or misdescriptiom in any
registrar Of titles, or by any cancellation. and
who by the provisions Of this act is barred
precluded from bringing an action for the re-
covery Of such land, or interest thereon or
claim upon the same may bring an action
against the treasurer of the county in which
damages to be paid out Of the assurance fund.
Sec SO. If such action be for recovery for
loss or damage arising only through any
omission, mistake or misfeasance of the regis
trar Of titles, his deputies or of any ex-
anlner of titles, any clerk Of court his
deputy, in the performance OF their respective
duties under the provisions of this act, then
PENDANT to such action, but If such action be
brought for loss damage arising only through
persons other than the registrar or his depu-
ties, the examiners of titles, the clerk Of court
fraud or wrongful act Of such other person
or persons and the omissions, mistakes or mis-
ties, the examiners of titles, the clerk of court
or his deputies, then such action shall be
| brought against both the county treasurer and
such person or persons aforesaid.
In all such actions where there are defendants
other than the county treasurer, and damages
shall have been recovered, no final judgment
shall be entered against the county treasurer
until execution against the other defendants
shall be returned unsatisfed in whole or in
part, and the officer returning the execution
shall certify that the amount still due upon
the execution cannot be collected except by ap-
plication to the indemnity fund. Thereupon,
the court, being satisfied to the truth of
such return, shall order final judgment against
! the treasurer for the amount of the execu-
ton and costs, or so much thereof as remains
| unpaid. The county treasurer shall upon such
| order Of the court and final judgment, pay the
amount of such judgment out of the assurance
fund. 1t shall be the duty Of the county at
torney to appear and defend all such actions.
If the funds in the assurance fund at any time
are insufficient to pay any Judgment In full,
the balance unpaid shall draw interest at the
| legal rate Of interest, and be paid with such
| interest out of the first funds coming into the
| fund
Sec. 81. The assurance fund shall not be
| liable in any action to pay for any loss, damage
OR deprivation occasioned by breach Of trust
whether express, implied or constructive, by
any registered owner who is a trustee, or by
| the improper exercise of any power of sale
! in a mortgage.
Final judgment shall not be entered against
the county treasurer in any action under this
than the fair market value of the real estate
at the time of the last payment to the as
. surance fund on account Of the same real
estate.
Sec. Ss. No action or proceeding for com
Iensation for or by reason Of any deprivation
| loss or damage occasioned or sustained as pro
vtded in this act shall! be made, brought or
| taken, except within the period Of six years
| from the time when the right to bring or take
such action or proceeding first accrued; except
that if at the time when such right of action
first accrues the persons entitled to bring such
acs<-1 or take such proceeding is within the
age of twenty-one years, or insane, imprisoned