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be determined.

All appeals allowed thirty days before the first day Appeals-when to of the term of the district court next following such allowance, shall be determined at such term unless continued for cause.

SEO. 5. Section one hundred and fifty of said chapter is hereby amended so as to read as follows:

No appeal shall be allowed by any justice of the No appeals shall be peace until the appellant shall pay all costs that have allowed until costs accrued in the justice's court and two dollars for the justice's return to the district court.

are paid.

SEC. 6. Sections one hundred and twenty-four, one hundred and twenty-five, one hundred and twenty-six, one hundred and twenty-seven, one hundred and twen- Repeal of inconty-eight, one hundred and twenty-nine, one hundred sistent acts. and thirty, one hundred and thirty-one, one hundred and thirty-two and one hundred and thirty-five, and all acts and parts of acts inconsistent with this act are hereby repealed.

SEC. 7. This act shall take effect and be in force on and after the first day of July, A. D. eighteen hundred and sixty-five.

Approved, March 2, 1865.

CHAPTER XXIII.

An Act to amend section eighty-seven of chapter fifty- February 28, 1865. nine of the Compiled Statutes relating to filing transcripts from justice's dockets.

SECTION I. When transcript of judgment to be filed with Clerk of District Court. 2. When act to take effect.

Beilenacted by the Legislature of the State of Minnesota:

SEO CION 1. That section eighty-seven of chapter

fifty-nine of the compiled statutes be amended so as to read as follows:

Section 87. Every justice, on demand of any person in whose favor he shall have rendered judgment for more than ten dollars, exclusive of costs, shall give to such person a certified transcript of such judgment, and the clerk of the district court of the county in which the judgment was rendered shall upon the production of any such transcript, file the same in his filed with Clerk of office and forthwith enter such judgment in the docket

When transcript of judgment to be

District Court.

of the district court judgments, and decrees, and shall note thereon the time of the filing such transcript, and any justice having the custody, by virtue of his office, of the docket of any former justice is hereby required to give a certified transcript of judgment, and other proceedings, in like manner and with like effect as if such judgment had been rendered or such proceeding had before him, and all such certified transcripts heretofore or hereafter given, filed and docketed as aforesaid, shall be as valid and effectual to all intents and purposes as if they had been certified, given, filed and docketed, by the justice before whom such judgment was rendered, or such proceedings had, and for the purpose of enforcing such judgments they shall be considered to all intents and purposes as the judgment of the district court of the county wherein the same were rendered.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved February 28, 1865.

CHAPTER XXIV.

An Act relating to the proceedings of Sheriffs in levying executions or other process and to suits against them by claimants of property levied upon.

SECTION 1. Property claimed by another person than the defendant the Sheriff may release such
levy or taking-plaintiff may demand indemnification in two sufficient sureties
accompanied by affidavits.

1 Person claiming ownership may cominence suit, the sureties may be impleaded with
Sheriff-how execution to be satisfied.

& When act to take effect.

March 2, 1865.

Be it enacted by the Legislature of the State of Minnesota :

and taking of

demnification.

SECTION 1. If property levied upon or taken by a sheriff by virtue of a writ of execution, warrant of attachment, or other process, be claimed by any other person than the defendant or his agent, and such per- when sheriff may son make affidavit of his title thereto, or right to the release the levying possession thereof, stating the value thereof, and the property-plaintif ground of such title or right, the sheriff may release such may demand inlevy or taking, unless the plaintiff on demand of him or his agent, indemnify the sheriff against such claim, by an undertaking executed by two sufficient sureties, accompanied by their affidavits, that they are each worth double the value of the property as specified in the affidavit of the claimant of such property, and are 'freeholders and householders of the county,' and no claim to such property, by any other person than the defendant or his agent, shall be valid against the sheriff unless so made; and notwithstanding such claim, when so made, he may retain such property under levy, a reasonable time to demand such indemnity.

Person claiming

SEC. 2. If in such case, the person claiming the ownership of such property commence suit against ownership may the sheriff for the taking thereof, the sureties in the commence sult. undertaking provided for in this act, and the plaintiff in such execution, attachment or other process, shall, on the motion or request of such sheriff, be impleaded

How execution to be satisfied.

February 28, 1865.

with him in such suit. When in such case a judgment shall be rendered against the sheriff and his co-defendants, an execution shall be immediately issued thereon, and the property of such co-defendants shall be first exhausted before that of the sheriff shall be sold to satisfy such execution.

SEC. 3. This act shall take effect and be in force from and after its passage.

Approved March 2, 1865.

CHAPTER XXV.

An Act to amend section twelve of chapter thirty-five on page three hundred and ninety-eight of the Public Statutes of Minnesota, relating to deeds, mortgages and conveyances.

SECTION 1. Minority of wife in no case affect the validity of her conveyance.

2. When act to take effect.

Be it enacted by the Legislature of the State of Minnesota :

SECTION 1. Section twelve of chapter thirty-five, on page three hundred and ninety-eight of the public statutes of Minnesota, be, and the same is hereby amended, by adding to said section the following words, to wit:

Minority of wife
in no case to affect

"And whether the wife be a resident of this State or

the validity of her not, the minority of the wife shall in no case affect the

conveyance.

validity of her conveyance: Provided, The husband join in such conveyance as herein provided."

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved February 28, 1865.

CHAPTER XXVI.

An Act to repeal chapter twenty-nine of general laws

of eighteen hundred and sixty-three, and chapter February 23, 1865.
thirty-two of the general laws of eighteen hundred
and sixty-four, relating to indictments and present-
ments by grand juries, and to restore the provisions
of law thereby repealed.

SECTION 1. Repeal of former act-restoration of former act repealed.

2. When act to take effect.

Beit enacted by the Legislature of the State of Minnesota :

SECTION 1. That chapter twenty-nine of the general laws of the year one thousand eight hundred and sixty-three, and chapter thirty-two of the general laws Repeal of former of the year one thousand eight hundred and sixty-four, act-restoration of be and the same are hereby repealed, and sections thirty and thirty-one of chapter one hundred and four of the public statutes of the State of Minnesota, are hereby restored, with the like force and effect as though the same had not been repealed.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved February 23, 1865.

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