such appeal shall be taken on behalf of the state, and upon trial the award shall be decreased, then the said plaintiff shall pay costs; but if on trial such award shall be raised, then the plaintiff shall recover costs. (1874, c. 36, § 4.) *§ 82. Payment of award or judgment, etc. The award or the judgment rendered in case of appeal shall be and remain a claim against the state, and shall be paid out of any money in the treasury not otherwise appropriated, pursuant to special appropriation therefor; and in all cases such award, if not appealed from, or the judgment rendered thereon in case of appeal, shall be and the same is hereby declared sufficient security for value and damage by reason of taking such property for public use, within the true meaning and intent of the constitution; and if no appeal shall be taken within the time prescribed in this act, or where an appeal has been taken and judgment shall have been rendered therein, the state, by its proper officers, may thereafter enter upon and take possession of said property, and appropriate the same to the uses and purposes named in the application. (Id. § 5.) *S 83. Judgment roll-its contents. In case judgment shall be rendered on appeal, the clerk shall attach the application, the award of the commissioners, and copies of all notices, and proof of publication or service thereof, together with the verdict and final judgment in the case, and the same shall constitute the judgment roll, to be filed in the office of the clerk of said court. (Id. § 5 a.) * 84. Title in fee to be acquired by state. Title to land acquired under this act shall be absolute, and vest in the state of Minnesota the absolute title in fee-simple to such land. (Id. § 6.) CONDEMNATION OF LAND FOR UNITED STATES. *§ 85. Governor to act on application by United States. The governor of the state of Minnesota is hereby authorized and empowered to seize and take possession of any lands, for the purpose of conveying the same to the United States, for use in river or harbor improvements, or for the erection and maintenance of lighthouses thereon, not exceeding one hundred and sixty acres for any one lighthouse, whenever the general government shall signify its intention to use the land for the above-described purposes, by an application to the governor, accompanied by a plat and description of the land required, as near as the same can be platted and described without actual survey by the general government. (1874, c. 37, § 1.) *8 86. Commissioners to be appointed-their powers and duties. Whenever any such application shall be made to the governor, he shall appoint three commissioners, whose duty it shall be, in the name of the state of Minnesota, to enter upon and take possession of any land so described and platted, for the purpose of conveying the same to the United States, and to cause the same to be surveyed, and a plat thereof to be made and filed in the office of the secretary of state, whenever an actual survey has not been made by the general government. (Id. § 2.) *§ 87. Commissioners to appraise lands-notice to owners. It shall be the duty of said commissioners to appraise the said land, and, for that purpose, they shall give notice to the claimant or owners of said land, or of any interest therein, of the time and place when and where said claimant or owner may appear before said commissioners to have their claims and interest adjusted, and the compensation to be paid by the state for such land fixed and determined. (Id. § 3.) *§ 88. Service of notice-publication. The notice required to be given to said claimants or owners shall be given personally to such claimant as can be found within this state, at least twenty days before the meeting of said commissioners, informing them of the time and place of meeting of said commissioners, and the object thereof. And in case any of the said claimants or owners cannot An act to authorize the seizure and condemnation of lands to be used by the United States for river and harbor improvements, and for light-house purposes. Approved March 9. 1874. (Laws 1874, c. 37.) be found, after using due diligence for that purpose, the commissioners shall cause such notice to be published for four successive weeks in one paper published at St. Paul, and one paper published within the county where such lands seized as aforesaid are situate, should one be published therein. (1874, c. 37, § 4.) *$89. Powers of commissioners-effect of their decision. The said commissioners, or a majority of them, shall have full power to do all acts necessary to be done for the purpose of carrying out the objects of this act, to hear, examine and determine of and concerning the rights, interests and title of all and any of the claimants of said land, and also to assess the value thereof, and fix the compensation to be paid by the state therefor, as fully and effectually as if all the power necessary for the purposes aforesaid were herein specifically enumerated in this act; and the decision of such commissioners shall be final and conclusive in the premises, unless an appeal from the decision of such commissioners shall be taken within sixty days after the filing thereof in the office of the clerk of the district court of the county within which the said land lies, and the office of the secretary of state, and the service of the notices of such filing, as hereinafter provided. (Id. § 5.) *$ 90. Decision to be filed and notice thereof given. It shall be the duty of the commissioners appointed under the provisions of this act, within twenty days after their decision is made, to file the same in the office of the clerk of the district court within whose district the said land lies, and transmit a copy of such decision to the secretary of state, to be by him filed in his office; and notice of the filing of such decision shall be served by said commissioners on the parties interested, and on the governor of the state; and the time of taking the appeal hereinafter provided for shall commence to run, as against each party entitled to take the same, from the time of such service on him of the notice of such filing of the decision of said commissioners. (Id. § 6.) *§ 91. Appeal, how taken-trial. The owners or claimants of said land, or of any interest therein, or the state of Minnesota, shall be entitled to appeal from the decision of said commissioners to the district court of the judicial district in which the land lies within sixty days from the filing of the same as aforesaid, and the service of the notices herein before provided for; and such appeal shall be heard and determined in like manner as appeals from the report of commissioners for condemning lands for the use of railroad corporations, so far as the same may be applicable: provided, that the appellant or appellants shall make and file in said court, at the time of such appeal, an oath or affirmation that injustice has been done them by such decision: and provided, that if such appeal is taken by any other party to such proceedings than the state of Minnesota, the party so appealing shall execute, and file with the clerk of the district court aforesaid, an undertaking, with sufficient sureties, to be approved by the county clerk, for the payment of all costs and disbursements incurred by the state arising from such appeal, which undertaking shall be in the name of the state of Minnesota. (Id. § 7.) *§ 92. Costs of appeal. If, upon the trial of such appeal, in case the same shall be taken by any owner or claimant, and the appellant or appellants shall fail to recover a judgment for sum greater than the amount awarded to them by the decision of the commissioners aforesaid, not including interest, the said appellant or appellants shall pay all costs and disbursements arising on such appeal, and which shall be deducted from the sum awarded by the decision of the commissioners; and in case such sum is not less than the amount awarded by said commissioners, then the appellant or appellants shall recover costs as in like cases in the district court; and in case such appeal shall be taken by the state, and the amount of such award is not decreased by said trial, costs shall be recovered against the state as aforesaid. But if the amount of such award is decreased by said trial, the claimant or owner against whom such appeal was taken shall pay all costs and disbursements arising from such appeal, and which shall be deducted, from the sum awarded by verdict of the jury. (1874, c. 37, § 8.) *$ 93. Payment of award or judgment. The sum awarded by the decision of said commissioners, or finally adjusted and awarded by an appeal, to be paid by this state to the owners and claimants of the lands aforesaid, shall be paid from the treasury of this state to such owners or claimants, in proportion to their rights and interests in such lands, subject, however, in case of an appeal, to the provisions of section seven of this act: provided, that such money shall in no case be paid till the United States has formally signified its acceptance of the lands so appraised, and desire to purchase the same at the price awarded therefor. (Id. § 9.) *§ 94. Vesting of title in the state. Upon the filing of the final award under such proceedings in the office of the clerk of the district court aforesaid, and of the surety of the state, and the formal acceptance of the same by the United States, provided for in section nine, the title to the lands so seized and appraised, and accepted by the United States, shall immediately thereupon become vested absolutely in this state, free and clear from all incumbrances, and adverse titles or claims of any kind or nature whatsover. (Id. § 10.) *§ 95. Compensation of commissioners, etc. The commissioners appointed under the provisions of this act shall each receive three dollars per day for each day actually engaged in the service required of them, and their actual expense of travel and subsistence while so engaged; and witnesses required to attend before them shall receive the same per diem and mileage as now allowed by law for witnesses attending the district courts of this state. (Id. § 11.) *§ 96. Conveyance to United States. The governor of Minnesota is hereby authorized and empowered to convey to the United States any lands that may have been seized under the provisions of this act, upon the payment of the United States, to the state of Minnesota, the amount awarded, and all expenses incurred by this state in seizing the land. (Id. § 12.) *§ 97. Exemption from taxation. The lands aforesaid, when so ceded, shall forever be exempt from all taxes and assessments, so long as the same shall remain the property of the United States. (Id. § 13.) **$ 98. Jurisdiction ceded to the United States. The jurisdiction of this state is hereby ceded to the United States of America over all such pieces or parcels of land as shall be hereafter conveyed to the United States for the purpose of erecting light-house buildings thereon: provided, that this cession is upon the express condition that the state of Minnesota shall so far retain a concurrent jurisdiction with the United States, in and over the tracts of land aforesaid, that all civil and criminal process, issued under the authority of the state, or any officer thereof, may be executed on said lands, and in the buildings that may be erected thereon, in the same way and manner as if jurisdiction had not been ceded as aforesaid. (Id. § 14.) CONSENT TO PURCHASE OF LAND BY UNITED STATES. *§ 99. Consent to purchase by United States-record of papers. That the consent of the state of Minnesota be and the same is hereby given to the purchase, by the government of the United States, or under the authority of the same, of any tract, piece or parcel of land, from any individual, individuals, or bodies politic or corporate, within the boundaries or limits of the state, for the purpose of erecting thereon light-houses, signal stations, and other needful public buildings whatever pertaining to the light-house board; and all deeds, conveyances of like papers for the same shall be recorded, as in other cases, upon the land records of the county in which the land so conveyed may lie; and in like An act giving the consent of the state of Minnesota to the purchase by the United States of land within this state for public purposes. Approved March 6, 1871. (Laws 1871, c. 36.) manner may be recorded a sufficient description, by metes and bounds, courses and distances, of any tract or tracts, legal division of any public lands belonging to the United States, which may be set apart by the general government for any or either of the purposes before mentioned, by an order, patent, or other official document or papers so describing such land; the consent herein and hereby given being in accordance with the seventeenth clause of the eighth section of the first article of the constitution of the United States, and with the acts of congress in such cases made and provided. (1871, c. 36, § 1.) *$ 100. Exemption from taxation. The lots, parcels or tracts of lands so selected, together with the tenements and appurtenances for the purposes before mentioned, shall be held exempt from taxation by the state of Minnesota. (Id. § 2.) JURISDICTION CEDED TO UNITED STATES. *§ 101. Jurisdiction over site for custom house, etc. That jurisdiction is hereby ceded to the United States over so much land as may be necessary and appurtenant to a site for the erection, construction and maintenance of a United States custom house and post-office in the city of Saint Paul, state of Minnesota, not to exceed ten acres, the same to be selected by an authorized agent of the United States, and the selection to be approved by the governor. (1867, c. 79, § 1.) *§ 102. Map to be filed. That upon such selection a map of the territory selected, definitely showing the boundaries thereof, with the approval of the governor required in section one of this act endorsed thereon, shall be filed in the office of the secretary of state of the state of Minnesota, and by him recorded. (Id. § 2.) * 103. Conditions of cession. The cession of jurisdiction aforesaid is granted upon the following express conditions and restrictions, to wit: The state of Minnesota shall have and hereby does retain a concurrent jurisdiction with the United States in and over the tract aforesaid, so far as that all civil and such criminal process as may issue under authority of this state against any person or persons charged with crimes committed without the bounds of said tract, may be served and executed thereon, in the same manner and to the same extent as though the said cession of jurisdiction had not been made. (Id. § 3.) * 104. Reconveyance of lands erroneously certified to state. That in all cases where lands have been erroneously or improperly certified or conveyed to the state of Minnesota, for school or railroad or other purposes, by the proper officers of the general government of the United States, the governor of this state is hereby authorized to reconvey or relinquish, by the execution, under his hand and seal of the state, of such conveyances as will be necessary to convey or relinquish the title or color of title which this state may have to such lands. (1866, c. 24, §1.) SECTION. CHAPTER XXXIX. CHATTEL MORTGAGES. 1-3. Mortgages to be led-in what offices-indexes-effect of filing-acknowledgmentlimitation and renewal. 45. Filing, etc., of mortgages in unorganized counties. 6. Town clerk may take acknowledgments. 7. Copy of mortgage as evidence. 8-9. Redemption, how made-action by mortgagor, etc. 10-12. Foreclosure, how made. 13. Discharge of satisfied mortgage. 14. Fraudulent sale, etc., by mortgagor-penalty. NOTES, CONTRACTS, ETC., ON CONDITIONAL SALES. SECTION. 15-17. Such notes, etc., void, unless filed-filingin what offices-indexing-effect of filing as notice-limitation. 18-20. Copies as evidence-note, when paid, to be satisfied of record-fees of officers. NOTES, ETC., FOR SEED-GRAIN. 21-25. Note or contract may be filed-in what offices-effect of filing-lien on crop-enforcement of lien-application of law as to chattel mortgages-act retrospective. 1. Chattel mortgage void, unless filed. Every mortgage on personal property which is not accompanied by an immediate delivery, and followed by an actual and continued change of possession, of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless it appears that such mortgage was executed in good faith, and not for the purpose of defrauding any creditor, and unless the mortgage, or a true copy thereof, is filed as hereinafter provided. 4 M. 418 (533); 5 M. 386 (482); 7 M. 166 (225); 8 M. 178 (207); 20 M. 81; 21 M. 187; 23 M. 182. 2. Filing of mortgages-in what offices-indexes. Every such instrument shall be filed in the town or city where the property mortgaged is at the time of the execution of such mortgage, and a copy thereof filed in the town or city where the mortgagor, if a resident of this state, resides at the time of the execution thereof. In each town such instrument shall be filed in the office of the town clerk thereof, and in the several cities in the office of the recorder, clerk, or other officer in whose custody the records of the city are kept; and each of the officers herein before named shall file all such instruments, when presented for that purpose, indorse thereon the time of reception, the number thereof, and shall enter in a suitable book, to be provided by him at the expense of the town or city, with an alphabetical index thereto, under the head of mortgagors and mortgagees respectively, the names of each party to such instrument, and in separate columns, opposite to such names, the number of the instrument, the date, the amount secured thereby, when due, and the date of filing the same. Such instrument or copy shall remain on file for the inspection of all persons interested. 22 M. 39. 3. Effect of filing acknowledgment-two years limitation-renewals. Every mortgage filed in pursuance of this chapter shall be held and considered to be full and sufficient notice, to all parties interested, of the existence and conditions thereof, but shall cease to be notice, as against the creditors of the mortgagor, and subsequent purchasers and mortgagees in good faith, after the expiration of two years from the filing thereof: provided, that no mortgage of goods and chattels shall be notice of any fact, as against the creditors of the mortgagor or subsequent purchasers or mortgagees in good faith, unless the same is acknowledged before some officer authorized to take acknowledgment of deeds and provided further, that whenever any mortgage of personal property in the : |