The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1905-04-29
instrument revoking such power Of attor-
neY shall be executed. Acknowledged and

In is taken by eminent domain, the state
or body polite, or other authority which
tratfon a written instrument containing
a description of 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,
lstrat in the register. Of titles, and
stating what estate or interest IN the
memorial of the right, title, interest or
estate thus taken shall be made upon
each certificate Of title by the registrar,
shall be entered in the name Of the owner
FOR the land remaining to him AFTER sucn
taking. If the owner has lien upon tne
land thus taken for his damages; tn as
fact shall be stated in the memorial OF
registration. All fees on account OF any
memorial of registration or entry or new
certificates for land thus taken shall be
Rasho RK tn Whieh takes eG fhe }and
If land which was taken for pubic use
reverts, by operation Of law, 10 the own. .
e eo to his or Of
entitled to the benefit OF such revers1on.
and after due notice and hearing. may
order the entry of a new certlncate OF
title to the person OF persons entitled
thereto.
Sec. u. Charges on R Reg 3ona
Upon the original OF an1
ceased person, there shall be paid to the
registrar one-tenth or one per cent ., o.. OF
of improvements, as determined by the
last official assessment for general taxa
ton.
Sec, 73. Assurance Fund-Investment
All 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
the same upon the order of the district
court. and subject to it's approval: The
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
report, showing all receipts, d1sourse.s
ments and investments on account or
such fund.
Sec "a Damages Through Erroneous
Observation-Disclosures person who
without negligence on his part. sustains
any loss or damage by reason OF any my
registrar or his deputy, or Of any exam
liner or Of any clerk Of court. or OF his
deputy. in the performance Of tne1r re-
person who, without negligence on his
part, is wrongfully deprived of any land
or Of any interest therein by the registra-
ton thereof, or by reason OF the reglst1a -
Of such land, or by reason, Of any mis-
take, omission or misdescription in any
certificate Of title. or in any entry or
register Of titles and who, by the pro-
Visions Of this law. is precluded from m
bringing an action f9r the re eSvein o OF
from enforcing any claim or lien upon
the same. may institute an action In the
district court to recover compensaI5l ZION
out Of the assurance fund for such loss
Sec. Is Parties Defendant
-Executon-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 II sucn
loss or damage occasioned solely by the
omission. mistake or mist easance or the
registrar or his deputy. or of any exam
nr or any 9f of their
tive duties the county treasurer, In his
official capacity, shall be the sole defend
ant. If such action be brought to recover
for 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 ,,so or
Jointly by the fraud or wrongful act, ana
by the omission. mistake or misfeasance
of the officers above named. or any or
them and of some other person or per,
sons, the county treasurer, In his official
capacity, and such other person or per
sons shall be Joined as defendants there
PENDANTS other than the county treasurer.
no execution shall issue against such
treasurer until execution against all other
defendants against whom 9uogmaen , mas
lsfied. either in whole or IN part An ON
Ger returning such execution shall certify
thereon that the amount SUI que upon upon
them Thereupon the court, being salts
led az to the truth Of said return, shall
order the county treaesurer to pay the
he assurance fund. If the assurance
;rnd 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
c0 see rs srea EiabitY Of Assurance Fund
No person shall recover from the assur-
ance fund any sum whatsoever by rea-
occasioned solely by breach of trust on
the part of any registered owner who is
trustee or by the improper exercise of
shall any person recover from the assur-
ance fund any greater sum than the fair
market value Of the real estate atthe
time of the last payment into such fund.
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 such action or
PPrisoned or absent from the United
States in it's service or the service Of the
state, such person or any one claiming
or proceeding within two years after
such disability is removed:
Sec. 49, Fraudulent Entry. Etc.-Pen-
altyEwhoever fraudulently procures. or
assists in fraudulently, procuring. or IS
privy to the fraudulent procurement Of.
eef ca Of Of an te or entS Sth in the
f Eegpt In the office Of any registrar OF
of any erasure or alteration In any entry
ment authorized by this act, or Knowing
~ neFson BY or means "a Of false or
ulent instrument, certificate, statement
or affidavit affecting registered land shall
fine not exceeding five thousand, dollars
yS sec (? g y S1e 1GE2 the
fling Of any application for registr "a on
e eour tpR the sum n Of Three dollars which
shall be in full Of all clerks fees and
charges In such proceeding on his be-
appearance shall pay like sum, which
shall be in full Of all clerks fees on MS
behalf
their appearance jointly but one fee shall
paper ere REQUIRED by this law shall be paid
For by the party on whose application the
publication is made. The party at whose
request any notice. Is issued shall pay
for the service Of the same, except when
sent by mail by the. clerk or by the
registrar.
Sec. so. Registrars Fees-The fees to
be paid to the registrar shall be as fol-
lows:
A-At or before the time Of filing the
certified copy of the application for
registration the applicant shall pay, II
the land have an assessed value of one