CHAPTER XL. An Act in relation to Constable fees for travel in serving process. SECTION 1. Constables traveling fees. 2. Repeal of acts inconsistent with this act 3. When act to take effect. Beit enacted by the Legislature of the State of Minnesota: SECTION 1. Constables, for serving any process or constables travelpaper authorized to be served by them, shall be enti- Ing teas tled to charge and receive for travel, ten cents per mile, both going to and returning from the place of service. SEC. 2. All laws inconsistent with this act are Repeal of incomhereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. Approved February 24, 1864. sistent acts CHAPTER XLI. An Act relating to the punishment of crimes. SECTION 1. Punishment for an assault, with intent to do bodily harm. 2. When act to take effect. Beit enacted by the Legislature of the State of Minnesota : SECTION 1. If any person, being armed with a dan assault with intent Punishment for an gerous weapon, shall assault another, with intent to do to do bodily harm great bodily harm, he shall be punished by fine not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment in the state prison not more than five years, in the discretion of the court. SEC. 2. This act shall take effect and be in force from and after its passage. Approved February 24, 1864. CHAPTER XLII. An Act to amend Sections fifty-four, fifty-five and fiftysix, of Chapter sixty, of the Compiled Statutes, to provide for the publication of summons in certain cases. Publication of summons-in what cases SECTION 1. Publication of summons-in what cases. 2. Publication where to be made-number of weeks to be published. 4. Repeal of said original sections. 5. When act to take effect. Beitenacted by the Legislature of the State of Minnesota: SECTION 1. That section fifty-four of chapter sixty of the compiled statutes of Minnesota, be amended so as to read as follows: When the plaintiff, his agent or attorney shall file an affidavit or affidavits, stating that the defendant is not a resident of this State, that the affiant has made diligent inquiry for him, and has reason to believe, and does believe that such defendant is not therein, and that a cause of action exists against such defendant, or that he is a proper party to the action relating to real property in this State, the service may be made by the publication of a summons in either of the following cases: 1st. When the defendant is a foreign corporation. 2d. When the defendant, being a resident of this State, has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or shall keep himself concealed therein with like intent. 3d. When the defendant is not a resident of the State, but has property therein, and the action arises on obligation, and the court has jurisdiction of the subject of the action. 4th. Where the action is for divorce in the cases prescribed by law. 5th. Where the subject of the action is real or personal property in this State, and the defendant has, or claims a lien, actual or contingent therein or the relief demanded consists wholly or partly in excluding the defendant from any interest or lien therein. SEC. 2. That section fifty-five of said chapter be, and is hereby amended, so as to read as follows: Section 55. The publication shall be made in a newspaper published in the county where the action is to be made-num brought, and if there be no newspaper published in Publication where the county, then in a newspaper published at the ber of weeks to be seat of government of the State, once in each week published for six consecutive weeks, and the service of the sum mons shall be deemed complete at the expiration of the time prescribed for publication as aforesaid. SEC. 3. That section fifty-six of said chapter be and is hereby amended, so as to read as follows: defend within one Section 56. In cases provided for in the last two sections, except in an action for divorce, the defendant, In what cases deor his representative, on application, and sufficient fendant allowed to cause shown, may be allowed to defend, within one year year after judgment, on such terms as may be just; and if the defendant be successful, and the judgment, or any part thereof, has been collected or otherwise enforced, such restitution therefor shall be made as the court may direct. SEC. 4. That said original sections fifty-four, fiftyfive and fifty-six of said chapter sixty, of the compiled Repeal of original statutes, and all acts or parts of acts inconsistent with this act, be, and the same are hereby repealed. Pro sections vided, however, That all proceedings, commenced under said original sections, may be continued and completed in accordance therewith. SEC. 5. This act shall take effect and be in force from and after its passage. Approved March 3, 1864. Buildings, fences, etc., erected upon title, may be removed-liability-when building may be removed CHAPTER XLIII. An Act for the relief of occupying claimants of land. SECTION 1. Buildings, fences, etc., erected upon lands without legal title, may be removed-lis bility-when building may be removed. 2. When act to take effect. Be it enacted by the Legislature of the State of Minnesota : SECTION 1. Any person who has or shall erect any building, tenement or fences upon land, in good faith, and having color of title, and good reason to believe that the legal title to such lands is or was vested in him, when, in fact, such title was or shall not be in him, and he shall have no legal or equitable rights lands without legal whereby he could or can enforce a conveyance to him of such title, such person or persons shall be entitled to, and may remove such buildings, tenements or fences from said land, doing no unnecessary damage to the land, and in so doing shall only be liable for the actual damage done the land. Provided, That no person shall be entitled to remove a building or fence under the provisions of this act, unless he shall remove the same within sixty days after the determination of the suit or proceeding, respecting the title to the premises on which such building or fence shall have been erected, as contemplated by this act, or within sixty days after notice to remove the same, given by the holder of the legal title, unless within said sixty days an action shall be commenced and prosecuted to try such question of title. SEC. 2. This act shall take effect from and after its passage. Approved March 4, 1864. CHAPTER XLIV. An Act to amend an act relating to the revision of the Statutes of Minnesota, being Chapter twenty-five of the Session Laws of eighteen hundred and sixtythree. SECTION 1. Amendment to Section 2. Commissioners to prepare report-by whom printed. 2. When act to take effect. Beit enacted by the Legislature of the State of Minnesota: SECTION. 1. Section two of chapter twenty-five of the session laws of 1863, is hereby amended, so as to read as follows: Section 2. Said commissioners, or any two of them, shall prepare a report of their doings, and cause one commissioners to hundred copies of the same to be printed and bound in prepare report-by pamphlet form, by the State Printer, ready for delivery to the legislature on the first day of the next annual session thereof, in the year 1865. SEC. 2. This act shall take effect and be in force from and after its passage. Approved February 1, 1864. whom printed |