OF THE

TERRITORY OF MINNESOTA,

PASSED BY THE

LEGISLATIVE ASSEMBLY

AT THE

SESSION COMMENCING WEDNESDAY, JANUARY 5, 1853.

PUBLISHED BY AUTHORITY.

SAINT PAUL:

JOSEPH R. BROWN, TERRITORIAL PRINTER.

1853.

Reprinted in photo facsimile February 1906 by

Statute Law Book Company Washington DC 50 Copies (only) reprinted .

L10661

SEP 23 1935

SESSION LAWS.

The Fourth Session of the Legislative Assembly of the Territory of Minnesota was convened in pursuance of law, on Wednesday, the fifth day of January, 1853, and adjourned on Saturday, the fifth day of March, 1853.

ALEXANDER RAMSEY, Governor; MARTIN MCLEOD, President of the Council; DAVID DAY, Speaker of the House of Representatives.

CHAPTER I.-AN ACT to authorize the exercise of all equity jurisdiction in the form of civil actions, and for other purposes.

Be it enacted by the Legislative Assembly of the Territory of Minnesota, All equity and chancery jurisdiction, authorized by the organic act of the Territory, shall be exercised, and all suits or proceedings to be instituted for that purpose are to be commenced, prosecuted, and conducted to a final decision and judgment, by the like process, pleadings, trial, and proceedings as in civil actions,

and shall be called civil actions.

SEC. 2. All suits, applications and proceedings, now authorized by statute to be commenced, prosecuted, and conducted in chancery, or enforced by chancery jurisdiction, including the foreclosure and satisfaction of mortgages, shall hereafter be commenced, prosecuted, and conducted to a final decision and judgment, by the like process, pleadings, trial and proceedings, as in civil actions.

March 5, 1853.

Equity proceeaings as in civil actions.

Suits, etc., how onducted.

Ne exeat and in

ted.

SEC. 3. The district court, or any judge thereof, may grant writs of ne exeat, and injunction in all civil actions, on complaint, junction how granand when a counter claim or equities in the nature of a counter claim are set up in an answer, then on such answer, and in such case there may be annexed to the duly verified complaint or answer, affidavits of persons other than the party, tending to show the truth of the facts and allegations relied upon for the allowance of such applications.

SEC. 4. Such writs of ne excat and injunction may be granted in the progress of any action, at any time before the final decision, judgment or decree therein, either by petition duly verified, or on affidavits, or both, provided that no injunction shall issue to stay proceedings in any civil action before final decision therein.

Equities, how in

SEC. 5. All equities existing at the time of the commencement of any action, in favor of a defendant therein, or discovered to terposed. exist after such commencement or intervening before a final decision,