Second-The place of residence of each creditor, if known to such debtor or debtors; and if not known, the fact to be so stated. Third-The sum owing to each creditor, and the nature of such debt or demand, whether arising upon written security, account or otherwise. Fourth-The true cause and consideration of all such indebtedness, in each case, and the place where such indebtedness arose. Fifth-A statement of any existing judgment, mortgage, collateral or other security for the payment of any such debt. Sixth-A full, true and complete inventory of such debtor or debtors' estate, both real and personal, in law or in equity, and the incumbrances existing thereon, and of all vouchers and securities relating thereto, and the value of such estate and each item thereof, to the best knowledge, information and belief of such debtor or debtors. (1876, c. 44, § 2.) *8 25. Bond of assignee-filing and approval-additional bonds. Before any such assignee or assignees shall have power or authority to sell, dispose of, or convert to the purposes of the trust, any part of such estate, and not later than five days after the filing of the inventory, as provided for in section two of this act, he or they shall execute, and file with the clerk of the court where such assignment is filed, a good and sufficient bond to the state of Minnesota, to be approved by the judge of such district court, with two or more sureties, freeholders and residents of the state of Minnesota, in an amount at least double the value of the estate assigned, as shown by such inventory, if made, or by the affidavit of the debtors, or one of them, if the bond be given before the inventory be made, conditioned on the faithful and just performance of all the duties of such assignee or assignees. And the judge may at any time thereafter, if he shall deem such bond insufficient in amount, or that the sureties are insufficient, require the assignee or assignees to give new or additional bonds, in his discretion. (Id. § 3, as amended 1877, c. 67, § 1.) *§ 26. Notice of assignment to be given by assignee. Upon taking possession of any estate so assigned, the assignee or assignees shall forthwith give notice of such assignment, by publication in one or more newspapers printed and published in the county where the same is made, if any; and if none, then in some newspaper printed and published in some adjoining county, if any; and if none, then in some newspaper printed and published at the city of St. Paul; and shall also forthwith send notice ot such assignment by mail to each creditor named in the statement or inventory of the assignor, or of whom he or they shall have or receive information. (Id. § 4.) *§ 27. Assignee represents creditors—may avoid fraudulent conveyances, etc. That in all cases of general assignments for the benefit of creditors, the assignee or assignees shall be considered as representing the rights and interests of the creditors of the debtor or debtors making the assignment, as against all transfers and conveyances of property which would be held to be fraudulent or void as to creditors; and shall have all the rights which such creditors would have to avoid such fraudulent conveyances and transfers. (1877, c. 142, § 1.) * 28. Proof of claims-order of payment-preferred claims-secured claims. No claim er demand, except for debts owing to the United States or the state of Minnesota, or for taxes or assessments against the debtor or debtors, shall be paid in whole or in part, unless the same be first verified by the oath or affirmation of one of the creditors making such claim or demand, or in case of a corporation creditor, by some officer thereof. And after the payment, by the assignee or assignees, of the costs, charges and expenses of making and executing the assignment and executing the trust, all debts of the debtor or debtors shall be paid in the order and precedence following, that is to say: First.-All debts owing to the United States, and all debts owing to the state of Minnesota, and all taxes and assessments levied and unpaid, shall be paid in full before the payment of any other debts. Second. All debts owing for the wages of servants, laborers, merchanics and clerks, for labor and services performed for the debtor or debtors, within three months next preceding the date of the assignment, shall next be paid in full, to the exclusion of all other indebtedness, if there shall be sufficient wherewith to pay the same in full; if not, they shall be paid pro rata, so far as they can be paid; but to entitle a creditor for wages to payment under this subdivision, the proof or verification of the claim must show the character of the labor or services, and that the same was performed within the time above mentioned. Third. All other debts of the debtor, properly claimed and verified, shall be paid in full, if there shall be sufficient left in the hands of the assignee or assignees wherewith to pay the same in full; if not, the moneys in the hands of the assignee or assignees applicable thereto shall be paid upon the same pro rata, so far as it will extend: provided, that no debts for which the creditor holds a mortgage, pledge or other security, shall be so paid until the creditor shall have first exhausted his security, or shall surrender and release the security to the assignee or assignees. (1876, c. 44, § 5, as amended 1877, c. 67, § 2.) *§ 29. Powers of district judge over proceedings-removal of assignee-discharge of assignee. All proceedings under this act shall be subject to the order and supervision of the judge of the district court aforesaid; and such judge may from time to time, in his discretion, on [the] petition of one or more of the creditors, by order, citation, attachment or otherwise, require any assignee or assignees to render accounts and file reports of his or their proceedings, and of the condition of such trust estate; and may order or decree distribution thereof. And such judge may, in his discretion, for cause shown, remove any assignee or assignees, and appoint another or others instead, who shall give such bonds as the judge may, in view of the conditions and value of the estate, may direct; and such order of removal and appointment shall in terms transfer to such new assignee or assignees all the trust estate, and shall operate as a full transfer and conveyance to such new assignee or assignees of all the trust estate, real, personal and mixed, and may be recorded in the deed records in the office of the register of deeds of any county wherein any real estate affected by the assignment may be situated. And such judge may by order, which may be enforced as upon proceedings for contempt, compel the assignee or assignees so removed to deliver all property, money, choses in action, book-accounts and vouchers, to the assignee or assignees so appointed, and to make, execute and deliver to such new assignee or assignees such deeds, assignments and transfers as such judge may deem proper, and to render a full account and report of all matters connected with such trust estate. Whenever any assignce so removed shall have fully accounted for and turned over to the assignee or assignees appointed by the judge all the trust estate, and made full report of all his doings, and complied with all orders of the judge touching such estate, and, also, whenever an assignee has fully completed his trust, he may, by the order of the judge, be fully discharged from all further duties, liabilities and responsibilities connected with the trust. In either case he shall give notice by publication in some newspaper of the county, if there be one printed and published therein, if not, in a newspaper printed at the capital of the state, once in each week for at least three weeks, that he will apply to such judge for such discharge, at a time and place to be stated in such notice, which time shall be not more than three weeks after the last publication of the notice. If, upon the hearing, the judge shall be satisfied that the assignee is entitled to be discharged, he shall make an order accordingly; or if, in the opinion of the udge, anything remains to be done by such assignee, he may require the per formance thereof before making such order. Such order shall have the effect of discharging the assignee and his sureties from all further responsibility in respect to the trust: and such order shall not be refused on account of any failure on the part of the assignee to comply with the formal provisions of law where no loss or damage to any one shall have occurred through such failure. Whenever the trust estate shall have been taken out of the hands of the assignee by proceedings in bankruptcy in the federal court, the assignee may in like manner be discharged, upon showing that he has fully accounted with the assignee in bankruptcy, and turned over to him the whole of the trust estate. (1876, c. 44. § 6, as amended 1877, c. 67, § 3.) *§ 30. Action by creditor on bond of assignee. Whenever any such assignee or assignees shall omit or refuse to perform any decree or order made by any such judge pursuant to this act, or shall fail to do and perform any of his or their duties as such assignee or assignees, any creditor or creditors of such debtor or debtors may, upon leave of the court first had and obtained, proceed to prosecute the bond of such assignee or assignees, and apply the proceeds thereof in satisfaction of the debt or debts of such debtor or debtors. (Id. § 7.) *$ 31. Duty of clerk of court. The clerk of the court wherein any such assignment, inventory or bond shall be filed, shall forth with endorse thereon the day, hour and minute at which the same is filed, and make a record of such filing, and the day, hour and minute thereof, in a suitable book to be by him kept for that purpose. (Id. § 8.) *$ 32. Payment of dividends-list of creditors to be filed. At least twenty days before any such assignee or assignees shall make payment of any dividend, or distribution of any such estate, he or they shall file with the clerk of the district court aforesaid a just and true statement, under his or their oath or affirmation, of all creditors who shall have filed with such assignee or assignees their claims or demands properly verified, with the amount and nature of their claims respectively; and as often thereafter as any creditor shall in like manner present his claim or demand, the assignee or assignees shall also file a similar statement thereof with said clerk, and shall pay nothing on any said claim until the expiration of twenty days after filing said statement with the clerk. (Id. § 9.) *$33. Assignments heretofore made-duties of assignee. That in all cases of assignment heretofore made, which have not been closed by final settlement, it shall be the duty of any assignee or assignees having any such trust estate in his or their hands, or under their control, to report to the judge of the district court where such assignee or assignees may reside, the situation and amount of such trust estate, and the creditors having claims against the same, with the amounts due to each, as far as the same have come to his or their knowledge, within thirty days after the taking effect of this act; and in case of any neglect to file such report, any creditor or person interested in such estate may, on filing a petition to that effect with the clerk of said court, obtain a citation to such assignee or assignees, to be served as in case of an original notice, requiring such assignee or assignees to appear before said judge, to show cause why such a report should not be filed and a such hearing, the judge shall order such report, and shall require such assignee or assignees to give bond, with sureties, for the faithful performance of the trust, and shall fully investigate the proceedings of such assignee or assignees in the premises, and may summon such assignee or assignees, and make all such orders in the matter as may be proper and necessary to insure a faithful performance of th trust, and a speedy close of the same by a final distribution and settlement of the estate, as in case above provided. (Id. § 10.) § 1. Corporate authorities or judge to convey lands. When the corporate authorities of any town, or the judge of the district court for any county in which any town is situated, enter, at the proper land-office, the land or any part of the land settled and occupied as the site of such town, pursuant to and by virtue of the provisions of the act of congress, entitled "An act for the relief of the citizens of towns upon the lands of the United States under certain circumstances," passed May 23d, A. D. 1854, such corporate authorities, or judge (as the case may be), shall dispose of and convey the title to such lands, or to the several blocks, lots, parcels or shares thereof, to the persons hereinafter described, and in the manner hereinafter specified. 1 M. 310 (436); 3 M. 332 ̊ (448); 8 M. 405 (456). §2. Conveyances, when and how executed. Any such corporate authorities, or judge, holding the title to any such lands in trust, as declared in the said act of congress, shall, by a good and sufficient deed of conveyance, grant and convey the title to each and every block, lot, share or parcel of the same, to the person entitled thereto, according to his rights or interest in the same, as they existed, in law or equity, at the time of the entry of such lands; and when any parcel or share of such lands is occupied or possessed by one or more persons claiming the same by grant, lease or sale from one or more other persons, the respective rights and interests of such persons in relation to each other in the same shall not be changed or impaired by any such conveyance. Every deed of conveyance by such corporate authorities, or judge, pursuant to the provisions of this chapter, shall be so executed and acknowledged as to admit the same to be recorded; and if made previous to the issuing of the patent of such lands, it shall contain a covenant that the grantor shall, after the issuing of such patent, execute, acknowledge and deliver to the grantee, his heirs or assigns, such further deed of conveyance as may be or become necessary to fully vest and perfect the title to the lands therein described, in the grantee, his heirs or assigns. 3. Entry of lands-notice to be given. Within thirty days after the entry of such lands, the corporate authorities, or judge, entering the same, shall give public notice of such entry, by posting notice thereof in at least three public places in such town, and by publishing such notice in a newspaper printed and published in the county in which such town is situated, or in case there is no such newspaper, then in some newspaper printed and published at the seat of government. Such notice shall be so published once in each week, for at least three successive weeks, and shall contain an accurate copy of the description of the lands so entered, as the same is stated in the certificate of entry, or duplicate receipt for the purchase-money thereof, given by the land-officers at the time of the entry. § 4. Claimants to file statement. Every person, association or company, claiming to be entitled to such lands, or any block, lot, share or parcel thereof, shall, within sixty days after the first publication of such notice, in person, or by his duly authorized agent or attorney, sign a statement in writing containing an accurate description of the particular parcel or parts in which he claims to have an interest, and the specific right, interest or estate therein which he claims to be entitled to receive, and deliver the same to or into the office of such corporate authorities, or judge; and all persons failing to sign and deliver such statement, within the time specified in this section, shall, as against any adverse claimants, be forever barred the right of claiming or recovering such lands, or any interest or estate therein, in any court of law or equity. 8 M. 367 (413); 13 M. 13; 15 M. 119. § 5. Adverse claims, how adjusted-action. In case there are adverse claimants to such lands, or to any part, parcel or share thereof, and the controversy is not settled by agreement in writing between the parties thereto, such controversy may be determined by voluntary submission thereof in writing, by the parties, to reference or arbitration, and by the written award of the arbitrators. In case any such controversy is not so settled or determined within three months from the time of the entry of the land, either of the claimants may bring a civil action against the adverse claimant, in the district court of the county in which the lands are situated. §6. Evidence on trial of action. Upon the trial in such action, either party may give in evidence, the statement mentioned in the fourth section of this chapter, deposited by the other, or by the person under whom he claims, with the corporate authorities, or judge, holding the title to the lands in controversy therein; and the person who made the first claim to and settlement upon such lands, either in person or by agent, servant or tenant, or those claiming under him, shall, in any such action, be deemed to have the right to such lands. § 7. Summons to adverse claimants-hearing-evidence-appeals. In case any controversy between adverse claimants to such lands is not settled or determined by agreement or arbitration, within the timeallowed therefor as herein before specified, and is not prosecuted within one month after the expiration of such time, if the title to such land is held by such judge, he shall summon the adverse claimants to appear before him, at a time and place mentioned in the summons, and which place shall be within the county in which such lands are situated, and make their proof and allegations in reference to such claims. At the time and place of the return of such summons, the judge shall, if the parties appear, proceed to hear their proof and allegations, and shall thereupon determine in writing the controversy between them. Upon such hearing the statements of the parties respectively, deposited with such judge, as required by the third section of this chapter, shall stand for their pleadings, and either party may use in evidence the statement made by the other, or by the person under whom he claims. The evidence of the witnesses sworn upon such trial shall be reduced to writing, and any witness who shall, upon such hearing, wilfully and knɔwingly testify falsely, shall be deemed guilty of perjury. Any such judge, or any justice of the peace, may issue subpoenas to compel the attendance of witnesses upon such hearing; and any person served with such subpoena, and failing to appear, shall be deemed guilty of contempt of the said judge, and may be attached to answer such contempt, and to testify in the case. There shall be no postponement in the hearing of such case except for cause. The summons issued by the judge, and all subpoenas issued in such cases, shall be directed and served in the same manner as in civil actions, and the fees of officers and witnesses in such cases shall be the same as for the like services in civil actions in courts of record. Either party in any such case may appeal from |