St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1907-05-10

20 Z 10 80 VNISNE
to such subpoena shall be deemed guilty
lot contempt and may be attached to
shs cs.s such c1rh conte snp5, and M to to testify nastngn IN
ment Of such hearing except for cause.
The summons n subpoenas Issued IN
such cases shall be treated n served
actions. and the fees OF officers and wit
such cases. Either party may. appeal to.
the Judge In such proceeding in the same
taken from a Judgment Of the district
court. Upon such appeal, the Judge es,@x shall snail
sisting of the statements constituting the
p%leadings. the evidence, and the decision
Of such Judge se4or # any any person ;, r summoned 81 amor q
proceeding fails, to appear. he snail pe
deemed to have waived n %relinquished
all his right, title, interest and estate IN,
thereof, and shall be forever barred from
asserting or claiming n right, title. in
terest or estate therein.
Sec. 8. If such controversy is not set
tied or determined as mentioned and pro-
vided in section Z, and the title of such
land is held by the corporate authorities
mence an action in the district court Of
the county wherein such land is situated
against the adverse claimants to deter
mine the same. The complaint shall b
and shall set forth an accurate descrip-
ton of the lands in controversy and the
character and extent of claimants rights.
respective statements deposited as pro-
vided by section 4 Of this act, and shall
pray hat TIE claimants be required to
calims or be forever barred thereof. The
summons shall be issued and served in
like manner as required by section Z, and
any party summoned who fails to appear
and answer such complaint as required
by said summons shall be forever barred
Of all right to assert any claim or title
to such lands adverse to the other claim
appears shall make answer to such com
plant and either disclaim any right, title,
interest or estate in the lands therein de-
s scfent % or h; set r,T dGfth +,t me , Gaaracfe or a as,
tate therein.
Sec. 9. AS soon as may be after the
expiration of sixty days from the time Of
section 8 Of this act. the Judge. Of. authori.
ties holding the title to lands described
in such notice shall make a written
statement. containing e true account OF
the title and the administration Of the
trust, including moneys paid for the pur-
chase of such lands. all necessary. travel
tees, serving summons, subpoenas and
other processes and all. other necessary
expenses incident to such trust. and also
9n,a acc = y s',o Of +s charges r for n services re rem
of such statement Of account shall be a
charge in favor of the trustee upon the
lands as held in trust and shall be paid
pro rata by the claimants to such land
as their respective entitled shares there
of appear.
Sec. 10. Before any such. Judge or
acknowledge or deliver any deed Of con-
veyance Of such land or any part thereof,
as h~ereinbefore provided, to any person
entitled to such deed. such person shall
the amount shown by the statement pro-
vided in section 9 Of this act. chargeable
upon the same or that part thereof to
each Of the items Of such account at 6
per cent per annum from the date Of
each item, and also such further amounts
as are reasonable for preparing; execut,
acknowledgment fees therefor.
Sec. II. After the expiration Of sixty
days from the time of the first published
or corporate authorities shall, upon de-
mand Of the person entitled thereto, and
upon payment or tender by such person
amount II -p SsSid in section 70. e1ecut e
acknowledge and deliver to such person
a deed of conveyance. as provided in Sec
ton 2 and in accordance with the state
by section 4 Of this act: provided. that
no such deed for any Of such land, or any
part thereof, shall be executed or de-
thereto. until such controversy is settled
or determined as >hereinbefore provided.
In all cases where there is no such con-
troversy.. upon the application Of any
eSsc 11o$poir~ cS1oI 49, kh~ S,3~~ ~
the district u Of the district where
said land is situated shall by such notice
as he shall prescribe, summon before him
nne5, p2 sl% orai te aRd SaHse att PIa9f to dep be
sition or otherwise, as shall satisfy. him
who is the person entitled to such land,
and when it shall thus be determined, the
mand and payment or tender Of payment.
shall execute and deliver to the person
so determined to be entitled thereto a
deed of conveyance. as provided in Sec
ton 2.
Sec. r.. In case any Judge Of the dis
trict court who enters any such land under
said act Of congress and thereby becomes
or entitled to the same OF any part there
Of in accordance with the provisions of
this act and his right or claim is not dis
puted or claimed ADVERSELY, by. n other
thereto and the estate therein in fec
simple to his own use absolutely, free and
discharged Of such trust; and no con-
veyance, other than the patent of such
land, shall be necessary to perfect his
title Il thereto; If any such land Il
judge, the conflicting claims between
them shall be determined by. settlement.
arbitration. or by action as h~ereinbefore
provided for determining adverse claims:
and in case such an action is necessary,
the issues therein shall be tried before
and determined by some other judge Of
the district court who is disinterested.
Sec. ID. For the purpose of determining
the, rights Of adverse claimants to any
authorities shall be deemed to possess
and hold the title thereto. in trust, from
the time of entry thereof.
Sec. IA. The costs in actions and pro-
ceedings provided in this act shall be
regulated and recoverable as in civil
actions in this state.
Sec. 10. Every person In whom the
title to any lane shall be declared to be-
vested under this act shall %reconvey, by
good an sufficient deed, to any person
claiming by, through or under him pur-
suant to a contract made by such per-
sons, upon demand and upon payment
OF n money due or unpaid to him from
the person making such demand; and in
tract may be enforced by action accord
Ing to law.
Sec. .16. The successor in office of n
Judge entering lands under his act,
shall. If the trust has not been fully
executed, succeed to such trust, and shall
naVe authority to execute the same as
fully and In the same manner as his
predecessor. AA
Sec. =, The provisions Of this act shall