The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1905-04-29

beneficiary Of such trust, and every other
person in being having an estate vested
or contingent in reversi9n or remal nc 17
before the making thereof, If such
beneficiary or other person is an adult
person of unsound mind, habitual drunk
| ard, or absentee, until proof Of the serv-
ice, on such beneficiary or other person,
thereof prexcribes The court shall APP
point guardian ad Item for any minor
and for any lunatic, person of unsound
mind, or habitual drunkard who shall not
be represented by committee or guard
be by petition duly verified, which shall
tate and the particular facts Which make
| it necessary or proper that the applica-
tl9n be grantsa sqfh petteen 81 sh 81 sea-
Of the interest Of the petitioner therein,
and copy Of the will, deed, or other in
is created; ali PERSONS 1s in being Who are
interested in the estate, or who may, by
the terms of the will. deed or other tn n.
become interested therein as heir. rever-
sioner or otherwise shall be made
parties to the petition: and If the
to to be made AI parties RsiS9 are Unknown to
the. petitioner. or if the residence of any
such person Is unknown to the petitioner,
Of the petitioner then such notice shall
be served upon such unknown person or
persons whose residence Is unknown, by
in each week in some newspaper pub
lished in the county in which said prop
erty is held in trust: After, taking proof
referee, and hearing EARN the parties and fully
examining into the matter, the court
must make a final order upon the appli-
fe final ofer the as is tEe
property affected by the trust or some
portion thereof, to be mortgaged. sold or
as the court may prescribe SCI In case
mortgage or sale of any portion of such
real property is authorized the final or
der must direct the disposition Of the
proceeds Of such mortgage or sale and
must require the trustee to give bond IN
such amount and with such sureties as
of ha frnst foe
the due accounting for all moneys re-
| ceived by him pursuant to said order.
If the trustee elects not to give such 1e
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 mortgage sale, or lease can
be made pursuant to the final order. the
trustee must enter into an agreement
therefor: subject to the approval Of the
the, court under oath, Upon the conflr-
nation thereof, by order Of the court he
must execute as directed by the court
deed or lease made pursuant to a final
order granted as provided in this and the
last two preceding sections shall be valid
and effectual against all minors, luna;
| tics, persons Of unsound mind. habitual
drunkards and persons not IN being m
terested in the trust or having estates
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:
unfairly and consent in writing to such
sale, mortgaging or leasing Of such real
property; and testamentary guardians
and guardians appointed by the probate
their wards.
A person who shall actually and in good
faith pay which sum f5a t of money e. a to
lied to receive, shall not be respon-:
sible for the proper application Of the
money. according to the trust; and any
trustee in consideration Of the payment
shall not be impeached or called in ques-
ton in consequence Of a misapplication
Sec 2 This act shall take effect and
be in force from and after it's passage.
CHAPTER 34O-H. F. NO. sos.
AN ACT to protect the owners Of recep-
tacles used in the sale of soda waters
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 1. Any person engaged in man
| ufacturing, bottling or selling soda waters,
mineral or aerated waters, porter, ale, CT
der ginger ale, small beer, lager beer,
Weiss beer, beer, white beer, malt extract,
other beverages, milk. cream, ice, cream
ing the name Of such person or other
mark or device printed. stamped, en-
graved, etched, blown. impressed riveted
fixed 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
cessive weeks in a newspaper published
in the county in which the principal place
If the principal place of business of such
person is located in another state, then
in the county wherein the principal office
located. . 1t shall be the duty of the sec
rotary of state to issue to the person so
filing for record a description Of such
| duly attested certificate Of the record of
| the same for which he shall receive fee
Of one dollar. Such certificate in all
prosecutions under this act shall be prima
facie evidence of the adoption of such
name, mark or device, and Of the right
| of the person named therein to adopt and
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.
son named in such certificate to. fill any
| receptacle bearing a name, mark or de-
vice recorded as provided in section one
Q) Of this act with soda water, mineral
9ar9fp0
ginger ale, small beer, lager beer, Weiss
| beer, beer, white beer. malt extract,
Suter or te deacs
cover up or otherwise remove or con-
| ceal any such name, mark or device on
nS S9 dspo oseso: v sra k IN
| anv receptacle bearing any such name,
mark or device Any person on off saH1ing
sSa be gu2 Of IF
and upon conviction thereof shall be pun
| ished by, imprisonment in the county 5ail
| than ninety (9O) days. or by a fine Of not
less than ten $50 dollars nor more than
one hunderd ($1oo} dollars, and each such
herein ieeRa<' set out shall be deemed and held
! to be a separate OffenSe.
| Sec 3. Any person having in possession
| or under control any receptacle bearing
any name, mark or device recorded as
| provided in section one ID Of this act,
! and not holding a written transfer or bill
| of sale therefor from the person named in
| the certificate issued by the secretary of
state as provided in section one q Of
| this act or other authority In writing
| liver such receptacle to the person named
in such certificate or to the authorized
agent Of such person; and any, person
! failing or refusing to SO deliver the same
! when demanded shall be deemed guilty
| of misdemeanor and upon conviction
! thereof be punished by imprisonment IN
| the county Jail for not less than ten Q0
! days nor more than ninety 900 days. or
| h,, a fna of MT loco than ten (S1O dollars