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

Sec. 10. Application to What Court
70 +oW sia OF Court-An application for regis.
court IN and for the county wherein the
iand described therein is situated. The
elusive jurisdiction thereof and of all
proceedings hereunder, and shall have
Iull power to inquire into the title of said
!and, and any right, title, interest or es-
tate therein, and any lien, charge or in
cumbrance thereon. By its decree, it
snail adjudge and determine the title to
SAID land, the nature, character, extent
and amount of all liens and membranes
thereon, the priority as between the
san same 4ti and shall remove all clouds Ei from
full power and authority to make all
necessary orders, judgments and DEGREES.
ana for these purposes the court shall be
Sec. II. Application to Be Filed With
Clerk-Docket-Abs ct-The application
as the 'Land Registration Docket" The
application shall be entitled (here insert
name of Applicant, applicant to have
registered the title to (here insert de-
scr1ption of land), applicant, against
Ghere insert TT the he, names Of all persons
summons as being in possession of the
right, title, interest or estate therein),
also "al other persons or parties I'M
Known claiming any right, title, estate,
seribed in the application herein" de-
PENDANTS. All orders, judgments and de-
crees of the court in said proceeding shall
orders or DEGREES shall be recorded by
the clerk and, proper reference made
thereto the to, in such docket; At the time of
him, shall be filed for record with the
register of deeds. and shall have the
The applicant shall file with the clerk,
as soon after the fling of the application
the land described in the application, sat
tsfactory to the examiner
=, If REQUIRED SO to, do by, the examiner,
the applicant shall likewise cause the
land to be surveyed by some competent
surveyor, and file with the clerk a plat
OF the land duly certified by such sur
Sec. Il. Examiner Of Titles-salary-
The judges of the district court shall APP
point one or more competent attorneys
in each county within their respective
legal advisers to the registrar in said
Go oI5 Htt,o The examiners of titles shall
erection of the district court by which
they are appointed. Their compensation
shall be fixed and determined by the said
court and shall be paid in the same
county employees is paid.
Sec. 13. Reference to Examiner-Re-
ports.-lmmedlately after the filing of the
abstract of title. the court shall enter an
order referring the application to an ex-
am!ner Of titles who shall proceed to ex-
anime into the title of the land described
IN, the application, and into the truth of
all matters set forth therein. He shall
ascertain whether or not the land is oc-
cupied, and If occupied, he shall ascer-
tain the nature thereof. and by what
right the occupation is held He shall
also ascertain whether or not any judg-
ments exist which may be a lien upon
the land. He shall search all public rec
ords, and fully investigate all facts per-
tanning to the title which may be brought
1,a11 IL - 10
full report thereof, together with his
opinion upon the title. The court shall
not be bound by, any report Of the ex-
or other proof.
An examiner of titles shall have full
power to administer oaths and examine
witnesses concerning any matter involved
in his investigation of titles. In such
matters he shall possess the same au-
thority as is vested by law in referees
appointed by the district court.
Whenever, in the opinion of the exam
liner, the state has any interest in, or lien
and character thereof in his report, and
in such cases, the state shall be joined as
party, and named in the summons as a
party thereto, in order that its interest,
estate, or lien may be defined and pre-
served.
The clerk shall give notice to the .appli-
can't cant OF Il the fling of such report If the
applicant, he shall have a reasonable
tune IN which to proceed further, or to
Withdraw. his application: This election
snail be made in writing and filed with
the clerk.
Examiners shall, upon the request of
the registrar, advise him upon any act
or duty pertaining to the conduct of his
office. or prepare the form Of any memo
rial to be made or entered by the regis
trar ~
Sec. IA. Order for summons-If, in the
opinion of the examiner, the applicant
has title to the land, proper for regis
tration, or if the applicant. after an ad-
verse opinion f1lSt OF the examiner elects to
with the clerk a verified petition praying
mat a SUMMONS mons may be issued in said
anime all the files and records of said
proceeding, and SHALL by its order d-
rect that q summons be issued therein.
This order shall contain the name and
address, SO far as known, of every person
who is to be Joined as a party to said
proceeding, including all persons named
of the land or as having any right, title,
interest OR estate therein, or any lien or
encumnrance upon or against the same.
together with the name and address of
all other persons or parties whom the
court in said order may direct to be
in the order of the court shall be, and
shall be known as, defendants.
Sec. Is. Summons, Form-Service-Th
ear a5d sh hs be be ID by the
PENDANTS, and require them to appear and
answer the application of the applicant,
within twenty (20) days after the service
of the summons, exclusive of the day of
such service. 1t shall be served in the
manner now provided by law for the
service of a summons in civil actions in
the district court, except as herein other
wise provided. 1t shall be served upon
the state by delivering a copy thereof to
the attorney general, who shall trans
NIT the same to the county at
torney of the county in which the land
described therein is situated and there
upon such county attorney shall appear
in said proceeding, and represent the
state therein.
1t shalA be served upon all persons who
are not residents Of the state and upon
-all other persons or parties unknown
claiming any right, title, estate, lien or
interest in the real estate described in
the application herein by publishing the
same in a newspaper printed and pub
nshed in the county wherein the applica-
ton is filed, once each week, for three
consecutive weeks.
The clerk shall Also within twenty (2O)
days after, the first publication of the
summons, send a copy thereof by mail to
all defendants who are not residents of
the state, and whose place of address is
known to applicant or stated in the ap-
plication, or in the order directing the
issuance of the summons. The certificate
of the clerk that he has mailed the sum-
mons, as herein provided, shall be con-
elusive evidence thereof. Other or further
notice of the application for registration
may be given in such manner Snd to