CHAPTER 38. S. F. No. 40. property. An act to amend section fifty-eight hundred and fifty Rights in real (5850) of the general statutes of eighteen hundred and ninety-four (1894), being section sixteen (16) of chapter seventy-five (75) of the general statutes of eighteen hundred and seventy-eight (1878), relating to actions concerning and rights in real property. Be it enacted by the Legislature of the state of Minne sota: SECTION 1. That section fifty-eight hundred and fifty Amendment. (5850) of the general statutes of eighteen hundred and ninety-four (1894), being section sixteen (16) of chapter seventy-five (75) of the general statutes of eighteen hundred and seventy-eight (1878), be amended so as to read as follows: ments. In any action to try the title to land, brought by any Title to land person claiming title, against the occupant, the occu- and value of pant may, in addition to his other defenses, allege the improveamount and value of all improvements made by himself or those under whom he claims, and also the amount of all taxes and assessments paid upon such land by himself or those under whom he claims, and if the claim be under an official deed the purchase money paid therefor; the claimant may reply, alleging the value of the premises, without the improvements, at the time of the commencement of the action, and also the value of the yearly rent of the land, without the improvements, during the possession of the occupant. title. And in case the action is brought by the occupant To quiet against the claimant to quiet title or to determine any adverse claim thereto, the claimant in his answer, in addition to setting up his title, may allege the value of the premises without any improvements, at the time of the commencement of the action, and also the value of the yearly rent of the land, without any improvements, during the possession of the occupant; the occupant may in addition to his other proper matter of reply allege the amount and value of all improvements made by himself, or those under whom he claims title, and also the amount of all taxes and assessments paid upon such land by himself, or those under whom he claims, and, if the claim be under official deed, the purchase money paid therefor (e). In case the title is found to be in the claimant, the jury, or court, in case the action is tried without a jury, shall assess the value of all improvements made, and all taxes or assessments paid upon the land by the oc Shall assess ments, taxes, etc., when. improve 40 cupant, or those under whom he claims, with interest at seven per cent, and if his claim be under an official deed, regular upon its face, and without actual notice of any defect invalidating the same, shall also find the purchase money paid by him or those under whom he claims, with interest thereon at seven per cent. The jury, or court, in case of trial by the court, shall also assess the value of the land, at the time of commencing the action, without the improvements, and also the value of yearly rent thereof during the occupant's pos session. SEC. 2. All acts and parts of acts inconsistent with this act are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. Approved March 9, 1897. S. F. No.159. Legalizing gage fore CHAPTER 39. An act to legalize and make valid certain mortgage forecertain mort- closures heretofore made under and by virtue of title two (2) of chapter eighty-one(81) of the general statutes of 1894, relating to foreclosure of mortgages. closures. Be it enacted by the Legislature of the state of Minnesota: SECTION 1. That no judgment, sale, sheriff's certificate of sale or other foreclosure proceedings heretofore made or taken under title two (2) of chapter eightyone (81) of the general statutes of 1894, shall be set aside or deemed invalid by reason of the failure to file a bond or security before the entry of judgment, and all such foreclosure proceedings wherein such bond or security has not been made or filed, are hereby legalized and made valid, and such foreclosure proceedings shall have the force and effect as if such bond and security had in fact been filed. SEC. 2. Nothing herein contained shall affect the rights of parties in any action now pending. SEC. 3. This act shall be in force and effect from and after its passage. Approved March 9, 1897. CHAPTER 40. An act to repeal chapter fifty-four (54), general laws, extra session, eighteen hundred eighty-one (1881), relating to a specific tax on mining property and products. Whereas, Section one (1), article nine (9) of the constitution of the state of Minnesota provides that all taxes to be raised in this state shall be as nearly equal as may be; and Whereas, The attorney general of our state on May 19, 1896, gave it as his opinion that the said chapter fifty-four (54), general laws, extra session, eighteen hundred eighty-one (1881), is clearly in violation of the constitution, whereupon the real and personal property of mining companies in this state was assessed and taxed for the year eighteen hundred ninety-six (1896) upon a cash valuation basis; therefore Be it enacted by the Legislature of the state of Minnesota: SECTION 1. That chapter fifty-four (54), general laws of extra session, one thousand eight hundred and eightyone (1881), "An act to encourage mining in this state by providing a uniform rule for the taxing of mining property and products," approved Nov. 22, 1881, be and the same is hereby repealed. SEC. 2. This act shall take effect and be in force from and after its passage. Approved March 9, 1897. S. F. No. 421. Specific tax property re on mining pealed. CHAPTER 41. S. F. No. 32. An act to amend sections seven thousand four hundred County jails. and thirty-three (7433) and seven thousand four hundred and thirty-six (7436) of general statutes 1894, being sections seventeen (17) and twenty (20) of chapter one hundred and fifty-seven (157) of the laws of 1893, entitled "An act to regulate the construction and management of county jails." Be it enacted by the Legislature of the state of Minnesota: SECTION 1. That sections seven thousand four hundred and thirty-three and seven thousand four hundred and thirty-six (7433 and 7436) of general statutes 1894, the same being sections seventeen (17) and twenty (20) of chapter one hundred and fifty-seven (157) of the laws of the state of Minnesota for the year one thousand Spirituous liquor forbidden to prisoners except on physicians' certificate. Penalties. eight hundred and ninety-three (1893), be and the same is hereby amended so as to read as follows: SEC. 2. Sec. 7433. Furnishing liquors to convicts forbidden-exception: No sheriff, jailer, keeper of any jail, or any other person shall, under any pretense, give, sell or deliver to any person committed to any person for any cause whatever, any spirituous liquor, or any mixed liquor, part of which is spirituous, or any wine, cider or strong beer, unless a physician certifies in writing that the health of such prisoner requires it, in which case he may be allowed the quantity prescribed and no more. SEC. 3. Sec. 7436. Penalties for violation of requirements. If any sheriff, jailer, keeper of any jail, or any other person shall violate the provisions of sections fourteen, fifteen, sixteen, seventeen, eighteen or nineteen, he shall in each case be guilty of a misdemeanor; and such sheriff, jailer or keeper of any jail, or any other person shall, on a second conviction, be further sentenced to be incapable of holding the office of sheriff, deputy sheriff, jailer or keeper of any jail for the term of six (6) years. SEC. 4. This act shall take effect and be in force from and after its passage. Approved March 9, 1897. CHAPTER 42. An act legalizing official certificates of sale and the record thereof heretofore made under mortgage powers, executions, judgments, orders and decrees, and prescribing the force and effect of such certificates and affidavits and records. Be it enacted by the Legislature of the state of Minnesota: SECTION 1. That in all cases where real property has been duly sold under a power of sale in the usual form, contained in a duly executed and recorded mortgage, or under a duly rendered judgment, order or decree of a court of competent jurisdiction, or upon a valid execution, and an official certificate of such sale in due form of law has been duly made, acknowledged and delivered by the proper officer to the purchaser, and such certificate has been duly filed for record and actually recorded after expiration of twenty (20) days from the date of such sale or certificate, in the office of the regis ter of deeds for the county within which said real property was then situated, and in all cases where affidavits of any such sales have been so filed or recorded after the period required by law, then and in every such case such official certificates or affidavits as well as such record thereof, is hereby legalized and made valid, and shall be effectual to all intents and purposes as of and from the date when such certificate or affidavit was so filed for record, except as against any person who has purchased said real property or some part thereof from the former owner thereof, in good faith and for a valuable consideration, more than twenty (20) days after such official sale, and without notice thereof, and before such certificate or affidavit was so filed for record, and every such certificate or affidavit and such record thereof shall be prima facie evidence that all requirements of law in that behalf were duly complied with and validity of such sale; provided that nothing in this act shall be held to apply to any action commenced or now pending in any of the courts of this state. SEC. 2. This act shall take effect and be in force from and after its passage. Approved March 9, 1897. CHAPTER 43. H. F. No. 317 killing An act to amend chapter one hundred and forty- Rewards for seven (147) of the general laws of Minnesota for wolves. eighteen hundred and ninety-three (1893), the same being sections seven thousand eight hundred and seventytwo (7,872) to seven thousand eight hundred and seventy-eight (7,878), inclusive, of the general statutes of eighteen hundred and ninety-four (1894), granting rewards for killing wolves. Be it enacted by the Legislature of the state of Min nesota: SECTION 1. That section one (1) of chapter one hundred and forty-seven (147) of the general laws of Minnesota for eighteen hundred and ninety-three (1893), the same being section seven thousand eight hundred and seventy-two (7,872) of the general statutes of eighteen hundred and ninety-four (1894), be, and the same hereby is amended to read as follows: "Section 1. Every person who shall kill a full grown wolf during the months of January, February, March, April and May shall be entitled to a reward of five Amendment. Rewards. |