The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1909-04-30

CHAPTER Ash. F. NO. 1ss
AN ACT to provide for turning over to the
SUPERINTENDENT of banks securities deposit
ed by trust companies with the state treas
urer and the records and papers reia'ihs
Be it enacted by the Legislature of the State
Section l. All moneys, mortgages, certif-
Gates bonds, notes and other securities IN
the hands of the state treasurer heretofope
reauired by law, and all receipts. state
ments, records and papers relating tnereto,
shall be transferred and de1 Mnnesota im
mediately upon the passage OF this act, ano
it shall be the duty of said superlntenoeeh en- !
of banks to receive and safeiy Keep ''ie
Sec. 2.-The state treasurer is hereby au-
thorized and directed to maze AJAX an
emit of banks which may be necessary 70
complete the transfer OF the SECURITIES do
Sec. g. This act shall take effect ana De
in force from and after its passage.
Approved April "a. 1903.
CHAPTER 496-H. F. NO. 262.
AN ACT to amend sections 4041, 4O46,
4047 and 4048 of the Revised Laws OF
Minnesota, 1905, relating to Iorclole
entry and unlawful detainer ana 10
add thereto new section TO DC hho"h
as section 40511a.
Re il enacted by the Legislature OF the
State of Minnesota: .,
Section 1. That section 4O4l pe a saI
the same hereby AMENDED 10 iedu e'e ioi
Sec 4o41. Summons, How Served
The summons shall be served at ieast
three days before the return f gay , nerson
AGAINST whom it is issued, or If such
person be a corporation, minor unoer
fourteen years of age or person unoer
guardianship, by delivering copy 60 S,,r ns
mons in a civil action in the dlstrict
court; but in case such person cannot pc
found in the county, the summons may
fore the return day thereof, by leaving a
copy thereof at his last usual place or
abode with member Of his family, or
person of suitable age and discretion re-
such place Of abode, by leaving copy
thereof upon the premises described IN
the complaint with a person OF sultaoie
age and discretion. occupying the same
Provided that in case the defendant
has no usual place of abode and cannot
be found in the county, of Wnlch the re-
Of the officer shan t pc pTsm no ner0
son actually occupying the premises de-
scribed in the complaint, then upon the
filing of an affidavit by the plaintiff or
his attorney in the court in which said
action is brought stating that no person
is actually occupying said premises ana
that he believes the defendant is not In
said state, or cannot be found therein;
and either that he has mailed copy or
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
by posting the summons in a conspicu-
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 &C
ton is brought. or, if there be no news
paper therein, then in some newspaper
printed and published at the capital of
the state, and If upon the return day
the said defendant or his attorney torn yyct goes
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 4o46 be amended
Sec. 404s. Writ Of Restitution-Ef-
feet Of Appeal.-R the party against
whom Judgment for restitution is rem
that he intends to take an appeal. writ
of restitution shall not issue for twenty
four hours after judgment;
Provided. that In an action on a lease.
expiration of the term thereof, or ter
rnination thereof by a notice to quit.
such writ may issue forthwith notwith-
standing such notice sS . OF aPpea II II .ne
all costs and damages in case on the ap-
peal the judgment of restitution be re-
versed and a new trial ordered.
Sec. 4047 Appeal-Stay.-H either
party feels aggrieved by the judgment he
may appeal within ten days as In other
cases triable before justices Of the peace,
except that If the party appealing re-
mains in possession of the premises, his
bond shall be conditioned to pay all costs
Of such appeal and abide the order the
rents and other damages justly accruing
to the party excluded from possession
during the tendency Of the appeal.
further proceedings in the case shall be
stayed, except that in an action on a
lease against a tenant holding over after
the expiration of the term thereof or ter
sNs bon n as Vi
ton 4046, writ of restitution shall is
sue as if no appeal had been taken and
the appellate court. shall thereafter is
sue all needful writs and processes to
carry out any Judgment which may be
rendered In such court.
Sec. A. That section 4o4S be amended
so as to read as follows:
Writ-Stay.-n writ of restitution has
issued before the taking of an appeal,
the justice shall give appellant a certifi-
cate. Of the allowance thereof. and upon
Ger having the writ he shall cease all
further proceedings Hereunder, and Ii
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 a case where judg-
ment for restitution has been entered IN
a lease against tenant holding over
after the expiration of the term thereof
or determination thereof by notice to
quit.
Sec. s. That chapter 76 Of the Revised
Laws OF 1905 shall be further amended
by adding thereto a new section, to wit:
Sec 4051k. Execution of the Writ OF