Transcript of con recorded in any other county. thirty-five of the compiled statutes, be amended by adding thereto the following words: "A transcript of the record of any conveyance or veyances may be other instrument authorized by law to be recorded, duly certified by the register of deeds of the county where the same is recorded, may be recorded in any other county, with the same force and effect, in all respects, as if the original conveyance or other instrument had been so recorded." SEC. 2. This act shall take effect and be in force from and after its passage. Approved March 2, 1865. March 2, 1865. When affidavits may be received as evidence. CHAPTER XIX. An Act relating to the filing and effects of certain affidavits. SECTION 1. When affidavits may be received as evidence. 2. No proceedings to be deemed invalid by reason of failure to file the same. 3. When act to take effect Be it enacted by the Legislature of the State of Minnesota : SECTION 1. That in all cases where the affidavits authorized by the provisions of sections sixty and sixtyone, of chapter eighty-four of the compiled statutes, have been heretofore filed, or shall be hereafter filed as therein provided, within six months after this act shall become a law, such affidavits or duly certified copies thereof shall be received in evidence in the same manner and with the same effect as if the same had been filed within the time in said sections specified. SEC. 2. No proceedings in which such affidavits have been heretofore received, shall be deemed invalid OF MINNESOTA FOR 1865. 57 by reason of fail by reason of the failure to file the same within the Proceedings rot to time prescribed by said section; Provided, That noth-be deemed faalid ing herein contained shall be held to take away or ure to file the same effect any vested rights of any person or persons, not parties to such proceedings. SEC. 3. This act shall take effect and be in force from and after its passage. Approved March 2, 1865. CHAPTER XX. An Act to amend sections five and six of chapter sixty of the Public Statutes of Minnesota, relating to the time of commencing actions. SECTION 1. Actions to be brought within ten years. 2. Actions to be brought within six years. 3 When act to take effect. Be it enacted by the Legislature of [the State of] Minne sota: SECTION 1. That section five of chapter sixty of the public statutes of Minnesota be amended so as to read as follows: Within ten years, February 16, 1865. brought within 1st. An action upon a judgment or decree of a Actions to be court of the United States, or of the State of Min- ten years. nesota. That sub-division one of section six of the SEC. 2. chapter aforesaid be amended so as to read as follows: 1st. An action upon contract or other obligation express or implied, or a judgment or decree of any Actions to be court of any State or Territory or [of] the United States, years. except those mentioned in the last preceding section. 8 brought within six SEC. 3. This act shall take effect and be in force on and after the first day of July next. Approved February 16, 1865. March 2, 1865. Soldiers and sail ors in the United States service ex empt from service of all civil process. Proviso. CHAPTER XXI. An Act to protect persons in the Military or Naval service of the United States from civil suits. SECTION 1. Soldiers, sailors and all officers below the grade of Brigadier General exempt from service of all civil process. 2. When act to take effect. Be it enacted by the Legislature of the State of Minnesota : SECTION 1. All soldiers, sailors and officers, below the grade of brigadier general, who are or may be in the military or naval service of the United States as drafted men or volunteers shall, during such service be exempt from service of all civil process; and the property of such persons, shall, during such service be exempt from execution and attachment, and all actions now pending against such persons shall be continued during the time they so remain in such service: Provided, however, That when there are other persons jointly, or jointly and severally liable with such soldier, sailor or officer, an action may be commenced or prosecuted against such other person or persons; and this act shall not exempt any persons from service or suit, who are subsequent incumbrances to the principal defendant in a proceeding to foreclose a mortgage or enforce any other lien against real estate: And provided further, That the time during which any person shall be exempt from the service of civil process under the provisions of this act, shall not be computed as any part of the time limited by law for the commencement of an action against such person. SEC. 2. This act shall take effect and be in force from and after its passage. Approved March 2, 1865. CHAPTER XXII. An Act to amend chapter fifty-nine of the Public Statutes, relating to proceedings in Justices Courts. SECTION 1. All questions raised and exceptions taken to be entered upon the docket-fee. 2. Party making an appeal to serve notice upon the opposite party-what to contain- 8. When actions may be tried in the District Court. 4. Appeals-when to be determined. 5. No appeal shall be allowed until costs are paid. 7. When act to take effect. Beit enacted by the Legislature of the State of Minnesota : March 2, 1865. Questions raised SECTION 1. Sub-division eleven of section seven of said chapter is hereby amended so as to read as follows: XI. All questions of law raised by either of the parties to any action or proceeding and the order made by the court thereon, and any exception taken to such and exceptions taorder by any party, and all other matters that may be upon the docketmaterial, and the justice shall be allowed ten cents each fee. for the entry of every such order. SEC. 2. Section one hundred and thirty-six of said chapter is hereby amended by adding thereto the following: 3. The party appealing shall within ten days after ken to be entered the entry of the judgment or order appealed from, serve a notice upon the opposite party or his agent or attorney, who appeared for him on the trial, specifying the ground of the appeal, viz: That the appeal is taken upon questions of law, alone, or That it is taken upon questions of fact alone, or That it is taken upon questions of both law and fact. Said notice shall be served by delivering a copy thereof to the person upon whom service is made, or by leaving a copy at the residence of such person, and the original notice with proof of service thereof, shall be filed with the justice who rendered the judgment appealed from, within ten days after such service is made. SEC. 3. Section one hundred and forty of said chapter is hereby amended so as to read as follows: Upon an appeal taken from a judgment rendered by a justice of the peace, where the appeal as stated in the notice, is upon questions of law alone, the action shall be tried in the district court, upon the return made by the justice of the peace. Upon an appeal taken upon questions of fact alone, the action shall be tried in the same manner as actions originally commenced in the district court. Upon an appeal taken upon questions of both law and fact, the action shall be tried in the same manner as if originally commenced in the district court: Provided, That no question of law shall be tried or raised in the district court, except those tried or raised in the court below, and to which an exception was taken to the order made thereon, by the justice of the peace, except questions to the jurisdiction of the court, and that the complaint or answer does not state facts sufficient to constitute a cause of action or defense if taken as true. The appeal upon questions of law as herein provided, may be taken in any action without reference to the amount in controversy, or the amount of the judgment, and may be taken in all actions, process or proceedings, civil or criminal: Provided, That no appeal shall be taken by the State in a criminal action or proceeding. SEC. 4. Section one hundred and forty-six of said chapter is hereby amended so as to read as follows: |