New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-24

serty or lease the same for a, term ex-
cee din fiy gl 20 years, unless It appears
written notice, stating the time and place
I of the application therefor, and the object
thereof, has been served upon the
beneficiary of such trust, and every other
person in being having an estate vested
or contingent in reversion or remainder
in said real property at least eight days
before the making thereof. if such
within the state, or If minor, lunatic,
person OF unsound mind, habitual drunk
ard, or absentee until proof of the serv-
Z of such notice as the court or a judge
thereof prescribes The court shall ap-
point a guardian ad Item for any minor
mind, or habitual drunkard who shall not
be represented by a committee or guard
ian duly appointed The application must
BE BY petlItii ,n duly verified which shall
tate and the particular facts which make
It necessary or proper that the applica-
ton be granted. Such petition shall con-
tain a description of the estate to be Sold
mortgaged, or leased, a clear statement
of the Interest Of the petitioner therein.
and copy of the will, deed, or other in
is created; all persons in being who are
interested in the estate, or who may. by
the terms of the will, deed or other in
become interested therein as heir, reverr
sioner or otherwise shall be made
parties to the petition; and if the
names Ss of any persons who ought
the petitioner. or If the residence of any
such person is unknown to the petitioner,
the fact shall be verified by the affidavit
of the petitioner. then such notice shall
be served upon such unknown person or
persons whose residence is unknown by
publication for six successive weeks, once
lished in the county in which said prop
erty is held in trust. After taking proof
of the facts, either before the court or
referee, and hearing the, parties and fully
must make final order upon the appli-
cation. In case the application is granted
the final order must authorize the real
portion thereof, to be mortgaged, sold or
leased, upon such terms and conditions
as the court may prescribe. In case
real property is authorized the final or
der must direct the disposition Of the
proceeds Of such mortgage or sale and
must must require the trustee rust to give bond IN
the court directs, conditioned for the
faithful discharge Of his trust and for
the due accounting for all moneys re-
If the trustee elects not to give such
bond. the final order must require the
proceeds of such mortgage or sale to be
paid into court to be disposed of or in
vested as the court shall Specially direct.
Before a mortgage sale, Or lease can
be made pursuant to the final order. the
trustee must enter into an agreement
court and must report the agreement to
the court under oath. Upon the confir-
nation thereof, by order Of the court he
mortgage. deed or lease. A mortgage
deed or lease made pursuant to a final
order granted as provided In this and the
last two preceding sections shall be valid
and efTectual against all minors, luna
TICS, persons of unsound mind, habitual
drunkards and persons not in being in
terested in the trust or having estates
vested or contingent in reyerslon or re-
mainder in said real property and against
all other persons SO interested or hav-
ing, such estates who shall consent to
such order, or who having been made
parties to such proceeding as herein pro-
vided, shall not appear therein and OBJ
ject to the granting Of such order.
All parties in interest may appear vol
UNFAIRLY and consent in writing to such
sale, mortgaging or leasing of such real
property; and testamentaryt guardians
and guardians appointed by the probate
court, may assent thereto in the place of
A person who shall actually and in good
faith pay sum of money to a.
trustee, which the trustee is author
lied to receive, shall not be respon-
sible for the. proper application Of the
money, according to the trust, and any
right or. title derived by him from the
trustee in consideration of the payment
snail not be impeached OR called in ques-
ton in consequence Of a misapphcatio1l
by the trustee Of the money paid.
Sec. ?. This act khall take effect and
be in force from arSa after it's passage.
CHAPTER 341-H. F. NO. sos.
AN ACT to protect the owners Of recep-
tacles used in the sale of soda waters,
mineral or aerated waters, porter, ale,
cider, ginger ale, small beer. lager beer,
weiss beer, beer, white beer, malt ex-
tracts, other beverages, milk, cream, ice
cream and butter.
Be it enacted. by the Legislature of the
State Of Minnesota: -
section l. ANY person engaged in man
ufactur1ng, bottling or selling soda. waters,
mineral mir or aerated waters, porter, ale, eli
der, ginger ale, small beer, lager beer,
Weiss beer, beer, white beer, malt extract
other beverages, milk, cream, ice cream
or butter In any kind of receptacle hav-
ing the name Of such person or other
graVed, etched, blown, impressed, riveted
or otherwise produced or permanently
hXed upon the same, may file in the office
of the secretary of state for record a de-
scription of the name, mark or device so
used and cause such description to be
printed once in each week for three sue
in the county in which the principal place
OF business of such person is located, or
II the principal place of business of such
person is located in another state, then
IN the county wherein the principal office
or depot within the State of Minnesota is
located. 1t shall be the duty of the sec
rotary of state to issue to the person SO
Hing for record a description of such
name, mark or device in his office a
duly attested certificate of the record OF
the same for which he shall receive a fee
OF one dollar Such certificate in ali
prosecutions under this act shall be prima
facle evidence of the adoption of such
name, mark or device, and of the right
of the person named therein to adopt and
use the same.
Sec. 2. 1t shall be unlawful for any
person other than the one named in the
certificate issued by the secretary of state
as provided in section one Cd of this act
without the written consent of the per.
son named in such certificate to fill any
receptacle bearing a name, mark or de.
vice recorded as provided in section one
a Of this act with soda. water. mineral
or aerated waters, porter, ale, cider
ginger ale, small beer, lager beer, Weiss
beer, beer, white beer malt extract
other beverages, milk cream, ice cream
or butter, or to deface, erase obliterate
cover up or otherwise remove or con.
ceal any such name, mark or device on
any such receptacle, or to buy, sell, give
take, dispose of in any way, or traffic il
anv receptacle bearing any such name
mark or device Any person offendine
against any provision of this section
shall be deemed guilty of a misdemeanol
and upon conviction thereof shall be pun.
1shed by imprisonment in the county iai
for not less than ten QO) days nor more
than ninety (90) days, or by a fine of not
less than ten $50 dollars nor more thar
one hunderd (S1OO) dollars, and each such
herein set out shall be deemed and held
to be a Sepa rate OffenSa