Echo de l'ouest. [volume] (Minneapolis, Minn.) 1883-1929, 1901-04-19

order. and hearing, may order the entry OF a
new certificate of title to him.
Sec. 70. In every case where the registrar
Of titles enters a memorial upon a certlt1cate
Of titles. or enters a new. certificate OF
title in paprsuanse Of any instrument Rs exc
Of any instrument or proceeding which erect
or devise the title Of the registered owt1er
aga asain a,In1 his eon nsz1'acl If the s Outstanding out 6nnsanfsd 0T the
registrar Of titles shall not enter a new GER
tideate or make 9 memorial; but the person IN
petition to the court. The court may order
the registered owner or any person withhold
ing the duplicate certificate to present OF sur
render the same, and direct the entry Of q
memorial or new certificate upon such presen-
tation or surrender. If in any case the person
w1 dens ha : the NJ. duplicate t., e Ger fo,aft o Is ca mo.
not be found, OF If for any reason the out
standing owners duplicate certificate cannot
be presented or surrendered without delay the
court may by decree annul the same and order
a new certificate, OF title TO- be entered. Such
outstanding duplicate.
# in any case an outstanding mortgagee's
cured or surrendered when the mortgage or
lease Is discharged, assigned or otherwise dealt
With, IKE proceedings may BE- had to obtain
ton OF the owners duplicate certificate.
SEQ. 70. In all cases where, under the pro-
court for any order or decree, the court may
refer the matter to one OF the examiners OF
title for bearing 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
n neanes anv ct act registrar g d,1iv 0 of a infns a 20 lie d n1m
duct Of his office, and shall, upon request,
prepare the form OF any memorial to BE- made
Sec. 81. Z Every ny Writing and instrument re-
Registration shall contain or have Endorsed upon
II the flH name. nuQca or re4idQ1cQ and n0Sfs
office address OF the grantee or other person
acquiring or claiming any right: title or inter
residence. or postof1ce address of such person
shall be Endorsed by the registrar OF titles in
1he 91iglnad Of in sacS enan on reo All names a sw ead
addresses shall also be entered on all cert1A-
Gates.
All notices required by or given In pursuance
of the provisions OF this act by the registrar
Of titles or by the court, after original regis
t@ration; shall be served on the person to be
sofa, as summons in civil actions are served,
and proof of such service shall be made as
shall be- sent by mail to the person to be
notified, If not a resident Of the State OF
Minnesota, at his residence and posto1tiee adj
dress, as stated in the certificate of title or
in any registered instrument under which he
claims an interest. The certificate OF the reg
notice has been served by mailing the same
as aforesaid, shall be conclusive proof OF such
notice; provided. however, that the court may
AL GIy SoSC " Va t04S@SA
by publication o. otherwise:
Sec. SO. Any person claiming any right OF
istered owner arising subsequent to the date
of the original registration may, II no other
provision is made in this act for registering
ting forth fully 9is alleged right or interest,
and how or under whom acquired, and a RET
ereace 81 to 2,t the " volume UNI r and page o OF the e snd q
description OF the land which the right Or
interest is claimed. The statement shall be
verse claimants residence, and designate a
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 a speedy hearing upon me cues
shall enter such decree thereon as justice and
equity may require.
If the claim is adjudged to be invalid the
The court may, in any case. award such
costs and damages. including reasonable at
torney's fees. as 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 devisees, there shall be
paid to the registrar Of titles one-tenth OF one
tate on the basis Of the last assessment for
general taxation, as an assurance fund.
Sec. 81. All sums of money received by tho
shall be paid by the registrar to the county
treasurer Of the county in which the land lies.
for the purpose Of an assurance t fun g. ud de,tS
Of the county treasurer whenever the amount
on hand in said assurance fund Is sufficient to
report annually to the district court the con.
ditioni and income thereof. ell Investment OF
the fund or any part :. thereof 1e sas,rt sh an o Da ma sns
tered OF record. : The said fund shall re IN,
yested only nj - IN ob bop pof Or qra se sfafas Of IF t the . Un1ted
States or counties or other municipalities OF
10y -, - = - T., ~ y.u. ~, Horo-
age through any omission. mistake or mis-
feasance Of the registrar Of titles or OF any
examiner Of titles or of any deputy, or, by the
mistake or nlsfeasance Of the clerk OF court
or any deputy in the performance of their re-
~spective duties under the provisions of this
any land or any interest therein through the
bringing of the same under the provisions OF
this act. or by the registration Of any other
mistake. omission or misdescription in any
certificate or any entry or memorial IN the
T wSo by the De provislo IN D 81 t this act IS barred 10 OF
covery Of such land, or interest thereon or
against the treasurer Of the county in which
said land Is situated. for. the recovery OF
damags e. to BE- I paid e out OF b the f aSs' reeoverf 7nI for
loss or damage arising only through any
omission, mistake or misfeasance of the regis
aniner Of titles, or any clerk Of court or his
deputy, in the performance OF their respective
duties under the provisions zksa Of p. tins MS act sdIa ta men
PENDANT to such action, but If such action be
brought for loss or damage arising only through
the fraud or wrongful act Of some person or
persons other than the registrar or his depu-
ties, the examiners of titles, the clerk OF court
or his deputies lite st or arising arts y Jointly E,,nt ot through gars sne
or persons, and the omissions. mistakes or mds-
feasance Of the registrar Of titles or his depu-
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:
other than the county treasurer, and damages
shall have been recovered, no final Judgment
until execution against the other defendants
shall be returned unsatisned 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 APP
p%lication to the Indemnity fund. Thereupon,
such return, shall order final Judgment against
the treasurer for the amount Of the execu-
ton and costs, or so much thereof as remains
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
If the funds in the assurance fund at any time
are insufficient to pay syo, any ~ ~ uog ndersst IN a. 1f qhs
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, Gamage
CIR deprivation .occasioned by a 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
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
estate.
Sec. SO. No action or proceeding for COM
loss or damage occasioned or sustained as pro-
vided in this act shall be made. brought or
taken. except within the period Of six years
such action or proceeding first accrued; except
that If at the time when such right Of action
ac~ OF take such proceeding is within the
age Of twenty-one years, or insane, imprisoned
or absent from the United States in the service
Of tho l1nitad Ct toe n. Of this a&n a -c,aoh no,.-