The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1909-04-30


not be mined or removed in such = manner
as to interfere with or endanger. in any
S'n% tae or
legitimate use OF said land for railway pur-
Provided. that II merchantable ore Of
other minerals shall be discovered In ssia
strip and 1t shall become necessary In oroer
e. snd II. thereof
thereon the state q Minnesota or d it, . sue
r:ivsS Upon to 1s BE- %
snS snS
railway company shall within az mo 1aor,
remove it, railway or other structures pt ., f Ta1
strip Of land to the state Of Minnesota or
ito IN Of Such new of
IL: Of the ra =; Mgn tssss
move the ore or other minerals from such
ne No r ttIs IN %s shall vest in rail-
road company under this or the preceding
section until the governor shall de, ," .. TO-
''G Sec e 3. This act shall, take effect and DO
~ Approved April q. 1908.
CHAPTER 4ss-H. F. NO. lss.
AN ACT to provide for turning over to the
superintendent Of banks securities deposit
ed by trust companies with the state treas ca =
Be it enacted by the Legislature OF the State
Section Maa I. Al, moneys, mortgages, certin-
Gates bonds notes and other seGnr retaror IN
tss ct The him
required by law, and all receipts state
and rsatins To
superintendent Of banks Of Minnesota i'm,
mediately upon the passage OF this act. and
Of ' Banks 10 to receive and safely keep the
2rhe state treasurer s. !: a he s:y,,e en
ments ana conveyances to the superinteAa o.
e0s Gee. J. Th,s act shall take effect and be
in force from and !. afte ,ad it' passage
CHAPTER 49e-H. F. NO. 262.
AN ACT to amend sections 4o41, 4o46:
4047 and 4048 of the Revised Laws OF
Minnesota 1905, relating. to forc1ole
sad tne ana sn' ns% Section to be
Be it enacted by the Legislature Of the
State of Minnesota:
the V same hereby amended to read as fol-
Sec 4o41. Summons, How Served
The summons shall be served at least
three days before the return day day thereof thereof
against whom it is issued, or II such
person be corporation, minor under
fourteen years Of age or a person unoer
provided in the case Of a service Of sum-
mons in a civil action in the district
court; but in case such person cannot De
found in the county: the su nm Gass may nay
fore the return day thereof, by. leaving q
copy thereof at his last usual place OF
abode with a member OF his family, or q
person Of suitable age and discretion re.
such place Of abode, by leaving q copy
thereof upon the premises described In
the complaint with person OF suitable
age and discretion occupying the same
or any part thereof;
Provided, that in case the defendant
has no usual place Of abode and cannot
be found in the county, Of which, the re-
1o Of and the 1Ss iha there IS
son actually occupying the premises de-
scribed in the complaint, then upon the
filing Of an affidavit by the plaint1n or
his attorney in the court IN which said
is actually occupying said premises and
that he believes the defendant is not in
said state. or cannot be found therein.
the summons to the defendant at his
last known address. or that such address
is not known to him, service Of the sum-
mons may be made upon such defendant
Gus pla }e on said premises one week
and by one weeks published notice
thereof in some newspaper printed and
published in the county wherein said ac-
paper therein, then in some newspaper
printed and published at the capital of
the state, and II upon the return day
the said defendant or his attorney does
then the trial thereof shall be continued
for one week to enable the defendant to
make his appearance and defend therein.
Sec. 2. That section 4o4e be amended
70 Sea ssaa 4 % " Wit Of Rest,tu4on-Ef,
feet of Appeal.-H the party against
whom judgment for restitution is rem
dered or his attorney state to the justice
Of restitution shall not issue for twenty
four hours after judgment;
Provided, that In an action on a lease,
AGAINST q tenant holding over after the
mination thereof by a notice to quit,
such writ may issue forthwith notwith
standing such notice OF appeal. the
GIVE CIV bond to-
peal the judgment Of restitution be re-
versed and q new trial ordered.
Sec. 3. That section 4047 be amended
to s eead e 4s4 7ono %pDea,-stay-n either
party feels aggrieved by the Judgment he
may appeal within ten days as in other
cases triable before justices Of the peace,
that the par tyo appealing
bond shall be conditioned to pay all costs
Of such appeal and abide the order the
court may make therein and pay all
IA tho marty excluded from rooooaolo,,
during the tendency Of the appeal.
Upon the taking OF such appeal all
further proceedings in the case shall be
lease against tenant holding over after
the expiration of the term thereof or ter
mination thereof by notice to quit, II the
Rla,nt IT, give bond d, as provided n sec
sue as II no appeal had been taken and
the appellate. court shall thereafter is
sue all needful writs and processes to
carry out ~ any a,c Judgment which may be
Sec. 4. That section 4o4s be amended
SO as to read as follows: =
Sec. 4o4s. Appeal After Issuance Of
issued before the taking Of an appeal.
the Justice shall give appellant q certif-
cate Of the allowance thereof. and upon
service Of such certificate upon the ON
further proceedings Hereunder. and Il
the writ has not been completely exc
cuted the defendant shall remain in pos-
session Of the premises until the deter
mination Of the appeal, but this section
shall not apply to e. case where judg-
ment for restitution has been entered IN
lease against q tenant holding over
after the. expiration Of the term thereof
or determination thereof by notice to
]. Sec. s. That chapter 76 Of the Revised
Laws Of 1905 shall be further amended
by adding thereto q new section, to Wit:
I sec.$ 4061A Execution Of tho Writ Of