New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-24
instrument revoking such power Of attor-
ney shall be executed, acknowledged and


registered in like manner.
Sec. II. Eminent Domain-Reversion--
If the land of registered owner, or
any right, title, interest or estate there
in is taken by eminent domain, the state
or body polite. or other authority which
exercises such right, shall file for regis
tration a written instrument containing
a description CT the land so taken, to-
gether with the name Of each owner
thereof, and referring to each certificate
of title by it's number and place of reg,
iStration in the register Of titles, and
stating what estate or interest in the
land is taken, and for what purpose. A
memorial Of the right, title, interest OF
estate thus taken shall be made upon
each certificate of title by the registrar
and If the fee is taken, new certificate
shall be entered in the name of the owner
for the land remaining to him after such
taking. If the owner has lien upon the
land thus taken for his damages, this
fact shall be stated in the memorial OF
registration: All fees. on account of any
memorial of registration or entry Of new
certificates for land thus taken shall be
paid by the state or body polite or other
authority which takes the land.
II land which was taken for public use
reverts by operation of, law. to the own
er or to his heirs or assigns, the district
court, upon. the application of the person
entitled to the benefit of such reversion
and after due notice and hearing, may
order the entry of new certificate OF
title to the person or persons entitled
Sec. 2. Charges on Registration
Upon the original registration of land
and also upon the registration of any
land by the heirs or deviSeeS Of any de-
ceased person, there shall be paid to the
registrar one-tenth of one per cent OF
the assessed value Of the land, exclusive
of improvements, as determined by the
last official assessment for general taxa
ton.
Sec. 70. Assurance Fund-Investment
ALI money received by the registrar I'M
der the provisions Of the preceding Sec
ton shall Immediately be paid by him to
the county treasurer as an assurance
fund. The county treasurer shall invest
court, and subject to it's approval The
assurance fund shall only be invested in
bonds of the United States. or of the
State of Minnesota or of any county or
municipality thereof. The county treas
urer shall render to the district court. at
least once each year, full and detailed
report, showing all receipts disburse-
ments and investments on account of
such fund.
Sec. "A. Damages Through Erroneous
RefgHlstra tionMiActionmAny person who,
any loss or damage by reason Of any
omission mistake or misfeasance of the
registrar or his deputy, or of any exam
iner or Of any clerk Of court, or of his
deputy, in the performance Of their re-
spective duties under this law, and any
person who, without negligence on his
or of any interest therein by the registra-
ton thereof, or by reason Of the registra-
ton of any other person, as the owner
Of such land, or by reason of any mis-
take, omission or misdescription in any
certificate of title, or in any entry or
memorial. Or by any cancellation in the
visions of this law, IS precluded from
bringing an action for the recovery of
such land. or of any interest therein. or
from enforcing any claim or lien upon
district court to recover compensation
out of the assurance fund for such loss
or damage.
Sec. 10. Parties Observation-Disclosures
-EXecution-If such action is brought to
recover any loss or damage occasioned
solely by the registration of such land,
or solely by the registration Of any other
person as the owner thereof. or if such
action be brought for the recovery of any
loss or damage occasioned solely by the
omission, mistake or misfeasance of the
registrar or his deputy, Of any EXAM
Lner or of any clerk of court, or his dep
lty, in the performance of their respec-
tive duties, the county treasurer, in his
official capacity. shall be the sole defend
ant If such action be brought to recover
.Or any loss or damage occasioned either
wholly or In part, by the fraud, or
wrongful act of some person or persons
other than the officers herein named, or
to recover for any loss or damage caused
Jointly by the fraud or wrongful act, and
by the omission, mistake or misfeasance
of the officers above named, or any Of
them, and of some other person or per-
sons the county treasurer, in his official
y,
sons shall be joined as defendants there
In. In any action where there are de-
PENDANTS other than the county treasurer,
no execution shall issue against such
defendants against whom judgment has
been recovered has been returned unsat-
listed. either in whole or in part An on
Ger returning such execution shall certify
thereon that the amount still due upon
the execution cannot be collected from
them. Thereupon the court, being salts
fn6 10 to hn Sr-1Jt n Of n rain tfgn
order the county treasurer to pay the
amount due upon such execution out Of
the assurance fund. If the assurance
fund is insufficient to pay the amount of
any Judgment in full, the unpaid balance
thereof shall bear interest at the legal
rate, and shall be paid out of the first
moneys coming into said assurance fund.
The county attorney shall defend the
county treasurer in all such actions
Sec. 76. Liability of Assurance Fund
No person shall recover from the assur-
of any loss. damage or deprivation
occasioned solely by a breach of trust on
the part Of any REGISTERED owner who is
any power of sale in a mortgage, nor
shall any person recover from the assur-
ance fund any greater sum than the fair
time Of the last payment into such fund.
on account thereof.
Sec II. Limitation of Action--Any ac-
ton or proceeding to recover damages,
out of the assurance fund, shall be COM
menced within six years from the time
when the right to commence the same
accrued, and not afterwards. Provided,
that If, at the time the right accrued, the
person entitled to bring such action or
proceeding Is a minor, or insane, or i'm
prisOned. or absent from the United
States in its service or the service Of the
state, such person or any one claiming
under him may commence such action
or proceeding within two years after
such disability is removed.
Sec. rs. Fraudulent Entry Etc.-Pen-
alty-Whoever fraudulently procures, OF
assists in fraudulently procuring, or is
privy to the fraudulent procurement Of
any certificate Of title or other in
strument or of any entry in the
register of titles. other book
kept in the office Of any registrar, or
of any erasure or alteration in any entry
in any of said books, or in any instrrl-
ment authorized by this act, or knowing
ly defrauds or is privy to defrauding
any person by means Of a false or fraud
ulent instrument, certificate, statement
or affidavit affecting registered land shall
be guilty of a felony punishable by a
fine not exceeding five thousand dollars
or by imprisonment not exceeding five
years, or by both.
Sec 10. Clerks Fees-Notices-On the
filing of any application for registration,
the applicant shall pay the clerk of the
court the sum of three dollars, which
shall be in full of all clerks fees and
charges in such proceeding on his be-
half. Any defendant on entering his
appearance shall pay a like sum, which
shall be in full Of all clerks fees on his