Minnesota state gazetteer and business directory V. 22 Pt. 1, Part 8

Author:
Publication date: 1920
Publisher: Polk
Number of Pages: 1068

USA > Minnesota > Minnesota state gazetteer and business directory V. 22 Pt. 1 > Part 8

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

T C L-Twin City Lines. (Minneap- olis Minn.). W & N Ry-Wilton & Northern Rail- way. (Bemidji Minn.).

Minnesota Collection Laws

Acknowledgments and Affidavits -- Judges of all United States and state courts, the clerks thereof, court com- missioners, notaries, justices registers of deeds, county auditors, town and city clerks, members of legislature, are authorized to administer oaths and take acknowledgements. Officers outside of the state, authorized in their state to administer oaths or take acknowledge- ments, must affix seal to instrument. If they have no seal of office, then affix certificate of their official character. Notary must add to acknowledgement or jurat the date when his commission expires.

Assignment and Insolvency Laws -- Assignments must be in writing, acknowledged, witnessed and filed in district court in county where debtor resides or business is located. Certified copy must be recorded in register of deeds office to affect real estate. As- signee must be resident and free holder of the state. Inventory and detailed statement of liabilities must be made by debtor within ten days after assign- ment. Bond of assignee double the value of property. Notice of assign- ment or appointment of receiver must, within ten days thereafter, be given by publication and mail. Claims must be verified and filed with assignee or re- ceiver within twenty days after publi- cation of notice, unless filing permitted thereafter by order of court. Creditor must, in case of insolvency, or assign- ment after attachment or garnishment, file release of unpaid portion of claim within time fixed by court. Estate must be converted into money and distribut- ed as follows: First-expenses of as- signment or receivership; second-debts due United States, state and taxes; third-wages earned within sixty days; fourth- other debts pro ratio; fifth -- remainder, if any, to assignor or deb- tor. In case of attachment or garnish- ment, if debtor does not, within ten days, make assignment, receiver may be appointed upon petition of creditors representing two hundred dollars in claims. The making of an assignment or appointment of receiver releases at-

tachment of garnishment. District court has complete jurisdiction in the matter of the assignment or receiver- ship.

Attachment -- Writ allowed, upon affi- davit of plaintiff, his agent or attorney, stating that a cause of action exists against defendant and the amount and grounds thereof, and that the debt was fraudulently contracted, or that the defendant is a foreign corporation, or not a resident of this state, or has de- parted therefrom, as deponent verily believes, with intent to defraud or de- lay his creditors, or to avoid the service of a summons, or keeps himself con- cealed with like intent, or has assign- ed, secreted or disposed of, or is about to assign, secrete or dispose of his property with intent to delay or de- fraud his creditors. But no writ is al- lowed in action for libel, slander, se- duction, breach of promise of marriage, false imprisonment or assault and bat- tery. Bond of not less than $250 re- quired of plaintiff. Attachment dis- solved by debtor giving bond in double the amount of the debt claimed, for the payment of whatever judgment plaintiff may obtain.

Garnisment-Employees of cities, vil- lages, school districts, etc., are subject to garnishment.

Chattel Mortgages-Must, as against creditors and subsequent incumbrancers and purchasers in good faith, be acknowledged and witnessed and filed in the office of the register of deeds of the county in which the mortgagor or vendor resides and if the mortgagor or vendor is a non-resident of the state then in the county in which the prop- erty mortgaged or sold is then situated. In cities of the first class chattel mort- gages, bills of sale and conditional sale contracts must be filed with the city clerk or recorder. Lien continues as against mortgager until debt is paid or barred by statute of limitations but as against creditors and subsequent purchasers the lien of the mortgage does not continue beyond six years from date or filing the mortgage. Mortgagor

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MINNESOTA STATE GAZETTEER-1920

or person holding under him or lien- holder may redeem mortgage at any time after condition broken and within two days after sale under foreclosurre. Mortgage upon family bible, family pictures, school books or library and musical instruments for use of family; all wearing apparel of the debtor and his family, all beds, bedsteads and bed- ding, kept and used by the debtor and his family; all stoves and appendages put up or kept for the use of the debtor and his family; all cooking utensils; one sewing machine; and all other household furniture not herein enum- erated not exceeding $500 in value; must be signed by husband and wife.

Notes and contracts reserving title to personal property in the seller until purchase price is paid, when filed as in case of chattel mortgages, are notice to creditors of the purchaser for one year after the note of contract or last installment secured thereby become due.

Assignment of debts, except those evidenced by writing, is void as against creditors, unless such assignment is in writing and filed with town clerk, vil- lage recorder, or city clerk, unless those claiming under such assignment make it appear that it was in good faith and for a valid consideration.

Deeds-Must be in writing, and may, but need not be under seal, acknowl- edged, have two witnesses. Acknowl- edgement must contain statement that grantor is unmarried or if married, that the person joining is husband or wife. (See affidavits and acknowledge- ments.) Of homestead must be exe- cuted by husband and wife. Use of private seals in written contracts abol- ished.

Corporations-Foreign corporations (organized outside of the state) must file copy of charter in the office of the secretary of state and comply with other provisions of law before transact- ing business in this state.

Exemptions-Homestead, not to ex- ceed eighty acres outside of the laid out or platted portion of any incorpor- ated city, village or borough, or one- half acre in town, city or village of less than 5,000 inhabitants, or one-third of an acre in cities of over 5,000 popula- tion and dwelling house thereon, oc- cupied by owner and to be selected by him. If husband absconds homestead exempt to wife and children. (See Deeds.) Homesteads not exempt from mechanic's tens or judgment for wages of laborer or servant. Family library, pictures, musical instruments, pew. cemetery lot, wearing apparel, five hun- dred dollars worth of furniture, insur- ance from exempted property; three cows, ten swine, one yoke of oxen and a horse, or a span of horses or mules, twenty sheep and their wool, food for stock and family provisions and fuel for one year, one wagon, sleigh, two plows, harrow and other farming uten- sils worth $300, seed grain, not ex- ceeding, 100 bushels of wheat, 100 bush- els of barley, 100 bushels of oats, 100 bushels of potatoes, 10 bushels of corn, binding material sufficient for use in harvesting crop grown from above amount of seed grain; tools and imple- ments of mechanic, miner or other per- son used for the purpose of carrying on his trade and $400 stock in trade;

library and implements of a profession- al man; presses, type, etc., of a printer or publisher or newspaper, whether a person or a co-partnership, to the value of $2,000 and $400 stock in trade; one sewing machine, one watch, bicycle, typewriting machine, $35 of wages earned within thirty days prior to levy of attachment, execution or garnish- ment; library and apparatus of a public college or school; money received from life insurance of deceased husband or father, $10,000. All money, benefit or relief fund payable by any beneficiary association or society; exempt to certi- ficate holder and beneficiary. No property exempt from attachment or execution for purchase money.

Interest-Legal, six per cent; con- tracts in writing, ten per cent. Inter- est on over-due interest allowed if so stipulated in the contract. Interest af- ter maturity same as before. If more than ten per cent be paid, it may be recovered back, and usurer forfeits principal and interest.

Justice Courts-Jurisdiction in ac- tions to recover judgment for $100 or possession of personal property of that value.

Limitation of Actions-To recover real estate or foreclose mortgage, fif- teen years; upon judgment, ten years; upon contracts, or trespass upon real property, to recover personal property, for injury to the person or rights of another, not arising on contract, for relief on the grounds of fraud, to en- force a trust or compei an accounting, six years; against sheriff, coroner or constable, or for penalty given to a party, three years; for libel, slander, assault and battery, false imprisonment, penalty to the state, two years.

Married Women-A married woman enjoys all the property rights as if sole, may, sell and convey her real estate, except the homestead, without husband's consent, but subject to his statutory one-third. Husband and wife cannot contract between them as to real estate. In relation to all other subjects they may. Where husband and wife are living together they shall be jointly and severally liable for all ne- cessary household articles and supplies furnished to and used by the family.

Proof of Claims-Non-residents send- ing claims for collection should give full names of creditors and their residence, full names of debtors, so far as known, and their place of business, an item- ized statement of account, which, if suit is directed, or if against the estate of a deceased person, should be verified by oath to the effect that the same is true, and justly due above all legal set-offs, and, when convenient, the name of some person resident of this state who will execute a bond for costs. Such a course will often save much de- lay.

Revivor-Part payment or a new promise in writing.

Redemption-Real estate sold under execution and foreclosure, one year, for taxes three years, after sale.

Sales-Bulk Sales Law-Sale of stock of merchandise except in ordinary course or business, presumed fraudulent as aginst creditors, unless seller and purchase make inventory showing cost of each article to seller, purchaser

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MINNESOTA STATE GAZETTEER-1920

makes inquiry as to names, residence and business of seller's creditors, and purchaser mails to each creditor notice of the sale stating cost to seller and price to be paid, within 5 days before sale.

Stay of Execution-Judgment of dis- trict court, six months; justice's court ($10 to over $100) one to six months.

Witness-Party not excluded by reason of interest or crime.

Minnesota Game and Fish Laws

Open season `to hunt turtle dove, snipe, prairie chicken or pinnated, white breasted or sharp-tailed grouse, golden plover between the 16th day of Septem- ber and the 1st day of October follow- ing; quail, partridge, ruffled grouse or pheasant, between October 15th and November 30th following; wild duck. wild goose, brant or any variety of acquatic fowl between September 16th and December 31st following.

No morning dove shall be killed be- fore September 16th, 1920. No wood cock prior to September 16th. 1920. No prairie chicken or sharp-tailed goose prior to September 16th, 1922. No up- land plover prior to September 16th, 1927.

No partridge or ruffled grouse, Chi- nese ringneck shall be killed before the 15th day of Oct. 1920 and thereafter only in even numbered years.

Open season to hunt deer and moose between November 15th and December 5th and no person shall kill or have in possession during said time more than one deer and one moose, or parts there- of.

Open season to kill mink or muskrat, between December 15th and April 15th. Open season . for taking or catching trout, April 15th to September 1st fol- lowing; for black, June 15th, bass, to March 1st following; for pike and pickerel, crappies, sand pike, perch, sunfish, rock bass. May 1st to March 1st, following: suckers, bullheads, red- horse, sheepshead and carp may be

speared without limit at any time, arti- ficial lights may be used in taking said fish from April 20th to June 1st.

Bag limit 5 morning doves, prairie chicken, or pinnated grouse, white- breasted or sharp-tailed grouse, wood cock or upland plover, in the aggregate of all kinds in one day.

Not to exceed 10 quail, 5 partridges, male Chinese ring neck or English Peasant in the aggregate of all kinds in one day.

Not to exceed 15 wild ducks, coots, rails or gallinules. Wilson or jack snipe and greater or lesser yellow legs in the aggregate of all kinds and not to exceed 5 geese in any one day.

25 fish in one day.

Use of swivel guns, snares, traps, artificial light, to catch or kill birds, or dogs, to hunt animals, and hunting game birds from motor vehicles, pro- hibited.

The sale of brook trout or gray, black or Oswego bass is prohibited.

Sale, exposing for sale, or shipment of any game bird, or any variety of acquatic fowl whatever unlawful.

Game birds may be had in possession 5 days, and deer and moose lawfully killed, 5 days after close of season.

State bounty ($7.50) for killing a full grown wolf, and ($3.00) for killing a cub, and many of the counties pay an additional reward.

Resident license $1.00. Non-resident license to hunt game birds $15.00; to hunt game animals, $50.00; to fish, $1.00.

Minnesota state gazetteer and business directory V. 22 Pt. 1, Part 8

Author: Publication date: 1920 Publisher: Polk Number of Pages: 1068

Author:
Publication date: 1920
Publisher: Polk
Number of Pages: 1068