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

Of, titles enters a new certificate Of
euted BY the registered oWner Of by reason eS
of any instrument or proceeding which effect
against his consent, If the outstanding own
er.s duplicate certificate is not presented the
tncate or make q memorial. but the person
claiming to be entitled thereto may apply by
Pet to the court The court may order
| Ing the duplicate certificate to present or sur
render the same. and direct the entry OF
tatlon or surrender II In any case the person
w sI9a a + the he duplicate certificate not
not be FOUND Or f fes Of any the seut t Or
standing owners duplicate certificate cannot
be presented OF surrendered without delay the
| court may by decree annul the same and order
a new certificate OF title to be entered Such
new certificate and all duplicates thereof shall
| outstanding duplicate.
ond II IN 1a,a any case an outstanding mortgages
cured or surrendered when the mortgage or
lease ,. e ,discharged ASSIGNED otherwise dealt
with IKE proceedings may be had to obtain
ton Of the owners duplicate certificate.
Sec 49, In all cases where. under the pro-
court TOR any order Or decree the court t aas
refer the matter to one OF the examiners Of
as is herein provided for tho references OF the
application for registration.
request Of registrar Of titles. adyise him Inn
dIot al any act or duty Pertaining to the
VIZ ~ VI ms once and shall. upon request.
! prepare the form Of any memorial to be made
or entered by the registrar OF titles.
oured 81 EyeirH Yr hH H. and instrument
Registration shall contain or have Endorsed upSn
n It the fH name. place Of rss4denoe and post.
acquiring or claiming any right, title or inter
est under such Instrument Any change in
shah s be Endorsed by the registrar Of titles in
Inc original instrument on receiving a. sworn
sta is Of such change. All names and
| addresses 6hau also be eptared n a..
| Gates. ~ W. ~
All notices required by or given in pursuance
OF titles or by the court, after original regis
tratton sham be served on the person to be
| sofa, as summons in civil actions are served
and proof Of such service shall be made as
notified. II not a resident Of the State Of Of
dress: stated in the certdcate Of Title A or
IN any registered instrument under which he
istrar Of letters or clerk OF court that any
notice no ae has been served by mailing the same
notice; provided. however, that the court may
In any case order different or further service
see g. any or persoa Claiming anv right
interest in registered land. adverse to the reg
Of the orgn the oh
provision is made in this act for registering
the the iorb qv o in writing
and how under whom acquired, and a ref
erence to the volume and page OF the eertifi-
interest is claimed. The statement shall be
verse claimants residence and designate a
place at which all notices may be served upon
tratlon as an adverse claim, and the court o1
upon upon the petition Of any party in interest
Of the vaty o upon s
shall enter such decree thereon as justice and
equity may require.
/ a 10 cd ,,1o 70 ~ ~
registration shall be cancelled
The court may, in any case. award such
torney's fees. as it may deem just in the
land under this act. and also upon at the "V entry
OF a Sess 81 ho GeHses e bsse s5s
paid to the registrar Of titles one-tenth Of ono
per cent Of the assessed value Of the real es-
tate on the basis Of the last assessment for
! general taxation, assurance fund.
Sec 81. All sums Of money received by the
E6g ba pao Sy fha for In the st. seton
treasurer ire of the county in which the land lies.
of the county treasurer whenever the amount
on hand In said assurance fund is sufficient, to
invest invest the same, principal ana income, and
dition and income thereof. all Investment Of
Win the sapproval Of said court BY order en-.
tered Of record: y The said fund shall be in
Of IN Of Of the
States or counties or other municipalities OF
Sec IS. ANY person sustaining loss OF dam
age through any omission. mistake or mis-
examiner OF titles or of any deputy, by the
mistake or. mlefea.sance Of the clerk Of court
Or any deputy in the performance Of their re-
spective duties under the provisions Of this
act and any person wrongfully deprived of
snX land Of or h any therein t thGun the
this act or by tho registration Of any other
Y1oicy1 nSf ~Ttj<Sy In
certificate Or any entry Or memorial in the
regst ira t Of ts or BY and
eovery Of such land. or interest thereon or
against the treasurer OF the county in which
SAID Lar land is situated. for the recovery Of
Sec. SO. If such action be for recovery for
loss or damage arising only through any
aminer Of titles. sr any clerk Of court or his
the county treasurer shall be the sole DE-
brought for loss or damage arising only through
the fraud or wrongful act Of some person or
oesl Of eae the clerk Of
| or his deputies, or arising Jointly through the
fraud or wrongful act Of such other person
feasance Of the registrar of titles or his depu-
ties. the examiners Of titles, the clerk Of court
| such person Or persons aforesaid.
other than the county treasurer. and damages
shall have been recovered, no ANAL Judgment
until execution against tina other defendants
shall be returned unsatisf1ed in whole or in
| 1hali certify that the amount still due upon
| the execution cannot be collected except by ap-
to the fund nd na
such return, shall order final judgment against
the treasurer for the amount Of the execu-
IN or 11nh o{re
| unpaid. The county treasurer shall upon such
order Of the court and Anal Judgment. pay the
fund. It shall be the duty. of the county at
torney to appear and defend all such actions
the balance unpaid shall draw interest at the
fund. ~''' ''''' Ao1e'' '0'A'1.'e INV LILO
in aeon to pay for 1a s osl n
or deprivation occasioned by q breach Of trust,
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
| act to recover from the assurance fund more
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
Sec. So No action OF proceeding for conn.,
rensation for Or by reason OF any deprivation
loss or damage occasioned or sustained as bro
| t xireu ~ lIlIs aCc SLal oe mace, brought or
| taken, except within the period of six years
such ACTION OF proceeding first accrued except
that that II at the time when such right Of action
ae:>r, or take such proceeding is within the
age OF twenty-one years, or insane imprisoned
! Or absent from the United States in the service
OF the United States or Of this state. such per-
son OF anyone claiming. from, by or under
him. may bring the action or take the; pro-
| ceeding at any. time within two years after
such disability Is removed. Notwithstanding the
time before limited in that behalf has expired.
Sec. 3d.: No erasure, alteration or amend
| nlent shall be made upon the ras1ster Of titlea