Third. When the marriage shall have taken place out of this state, and the parties have become and remain inhabitants of this state at least one year, and the wife shall be an actual resident at the time of exhibiting her complaint. (1876, c. 118. § 1.)

*$ 31. For what causes. Such separation may be decreed for the following causes: First. The cruel and inhuman treatment, by the husband, of his wife. Second. Such conduct on the part of the husband towards his wife as may render it unsafe and improper for her to cohabit with him.

Third. The abandonment of the wife by the husband, and his refusal or neglect to provide for her. (Id. § 2.)

*$ 32. Requisites of complaint. The bill of the complainant in every such case shall specify particularly the nature and circumstances of the complaint on which she relies, and shall set forth times and places with reasonable certainty. (Id. § 3.)

*$33. Defences. The defendant in any such suit may be permitted to prove, in his justification, the ill-conduct of the complainant, and, on establishing such defence to the satisfaction of the court, the bill shall be dismissed. (Id. § 4.)

*§ 34. Proceedings under this act alimony, etc. Proceedings under this act shall be commenced and conducted in the same manner as is now prescribed by law in actions for a divorce from the bond of marriage; and the court in which the application is made, may, upon motion, award such sum for counsel fees, and temporary alimony during the pending of the action, as the circumstances and the situation of the parties appear to warrant. (Id. § 5.)

*§ 35. Decree as to alimony and wife's property. Upon decreeing a separation in any such suit, the court may make such further decree as the nature and circumstances of the case may require, and may make such order and decree for the suitable support and maintenance of the wife and her children, or any of them, by the husband, or out of his property, as may appear just and proper; and may, by such decree, give the wife absolute control of her separate property, with power of alienation. (Id. § 6, as amended 1877, c. 70, § 1.)

*§ 36. Same-when separation is not granted. Although a decree for separation from bed and board be not made, the court may make such order or decree for the support and maintenance of the wife and her children, or any of them, by the husband, or out of his property, as the nature of the case renders suitable and proper. (Id. § 7.)

§ 37. Revocation of decree. When a decree for a separation forever, or for a limited period, shall have been pronounced, it may be revoked at any time thereafter by the same court by which it was pronounced, under such regulations and restrictions as the court may impose, upon the joint application of the parties, and upon their producing satisfactory evidence of their reconciliation. (Id.§ 8.)

§ 1. General powers. The supreme court has power to issue writs of error, certiorari, mandamus, prohibition, quo warranto, and also all other writs and processes, not especially provided for by law, to all courts of inferior jurisdiction, to corporations and to individuals, that are necessary to the furtherance of justice and the execution of the laws; and shall be always open for the issuance and return of all such writs and processes, and for the hearing and determination of the same, and all matters therein involved, subject to such regulations and conditions as the court may prescribe. Any judge of said court may order the issuance of any such writ or process, and prescribe as to the service and return of the same. As amended 1876, c. 58, § 1.)

1 M. 268 (365): M. 273 (364); 10 M. 295 (369); 13 M. 508;

14 M. 248.

§ 2. Power to enforce its judgments-rules-publication. Said court is vested with full power and authority necessary for carrying into complete execution all its judgments, decrees and determinations, in the matters aforesaid, and for the exercise of its jurisdiction as the supreme judicial tribunal of the state; and shall, by order made at general or special term, from time to time make and prescribe such general rules and regulations for the conduct and hearing of causes in said court, not inconsistent with the statute law of the state, as it may deem proper; and the said court shall, by order, prescribe the manner of publication, at the expense of the state, of such rules and regulations; and the same shall not be in force until thirty days after the publication thereof. § 3. Decisions to be in writing-entry of judgments The said court shall, in all cases decided by it, give its decision in writing, which shall be filed with the clerk of said court, with the other papers in the case. Decisions in cases heard at a general term may be filed in vacation, and judgment entered thereon in pursuance of the finding and order of the court, with the same effect as upon decisions made and filed in term.

§ 4. Syllabus of each decision to be filed and published. Said court, at the time of announcing the decision, in every action pending in said court, shall file with the clerk thereof a syllabus of the decision in such action, so prepared as to embody, as briefly as practicable, the principles settled in and by such decision, and said clerk, immediately thereafter, shall make, and furnish to the publishers of each of the daily papers in the city of St. Paul who consent to publish the same without charge, a copy of each syllabus so filed, accompanied with the title of the action.

§ 5. Power of each judge in vacation. Any one of the judges of the supreme court has power, in vacation, to issue any of the writs or processes which the said court is allowed by law to issue.

§ 6. General terms. There shall be two general terms of the supreme court held at the seat of government of the state, one on the first Tuesday in April, and one on the first Tuesday in October. (As amended 1872, c. 43, §1.)

$7. Absence of two judges-adjournment. If any two judges of said court shall not attend on the first or any other day of the term, the clerk shall enter such fact on record, and the judge present shall adjourn the court to the next day, and so on from day to day for six days, if neither of the absent judges appear; at the end of which period said court shall be adjourned, and all matters pending therein shall stand continued until the next regular or special term.

§8. Absence of all the judges, adjournment. If neither of the judges appear, the clerk of said court may adjourn from day to day, as provided in the preceding section. § 9. Special terms-notice of holding. Whenever, from any cause, it appears to the judges of said court, or any two of them, that the public interests require that a special term of the said court be held, the said judges, or any two of them, have authority to appoint a special term, giving twenty days' previous notice thereof, by advertisement published in a newspaper at the seat of government of the state.

§ 10. Failure or continuance of term-causes to stand over. Whenever there is no general term of said court at the time fixed therefor by law, for any cause, or when

ever there is a continuance of the term of said court, or a change in the time of holding any term by act of the legislature, all causes then upon the calendar of said court, all writs, recognizances, appeals and proceedings, commenced, taken, or made returnable to said court at said term, shall stand over to, and be heard at, the next general or special term, with like effect as if no such ilure, continuance or change had occurred.

Title of court for such counties-drawing of jurors--pending proceedings not affected -change of county for holding court-vacancy in office of clerk-delivery of prisoners-expenses of criminal actions-county commissioners of county where court is holden.

Appointment of clerk when county is detached-filing of papers when county is attached-duty of secretary of state. MUNICIPAL COURTS.

27-36. Judges-powers-terms-jurors-late court 81-108. Municipal court of St. Paul-jurisdictionof common pleas superseded.

powers-proceedings, etc.

MISCELLANEOUS PROVISIONS.

109-130.

Municipal court of Minneapolis-jurisdiction-powers-proceedings, etc.

Municipal court of Stillwater-jurisdiction-powers-proceedings, etc.

42-55. Constitution of the several districts.

TITLE 1.

POWERS AND JURISDICTION.

§ 1. Original and appellate jurisdiction of district courts. The district courts of this state have original jurisdiction in all civil actions within their respective districts, when the sum in controversy exceeds one hundred dollars; and in all civil actions of which a justice of the peace has not jurisdiction, whatever the amount in controversy; and the said courts, respectively, have original jurisdiction to hear and determine all cases of crimes and misdemeanors committed in any county or place within their respective districts, when the punishment exceeds three months' imprisonment, or a fine of more than one hundred dol*NOTE. To this chapter are appended the statutes relating to the municipal courts of St. Paul, Minneapolis and Stillwater, passed since 1866.

lars, and appellate jurisdiction in civil and criminal cases from courts of probate and justices of the peace, as prescribed by law.

2 M. 68 (86) 4 M. Î (13); ́6 M ‍53 (110), 92 (150); 7 M. 316 (398); 9 M. 153 (166); 10 M. 173 (215), 195 (250), 295 (369).

$2. Original jurisdiction in equity. The district courts have original jurisdiction in equity; and all suits or proceedings instituted for equitable relief 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.

2 M. 21 (30); 6 M. 224 (319).

$ 3. Power to issue writs and process. The said courts in term time, and the judges thereof in vacation, have power to award throughout the state, returnable to the proper county, writs of injunction, ne exeat, and all other writs or processes necessary to the perfect exercise of the powers with which they are vested, and the due administration of justice.

2 M. 49 (61); 3 M. 145 (217); 4 M. 211 (294).

§4. Disqualification of judge, from interest, etc. No judge of any of the courts of record of this state shall sit in any cause in which he is interested, either directly or indirectly, or in which he would be excluded from sitting as a juror: provided, however, that such interest shall not disqualify such judge from ordering a change of venue in any such cause; but it shall be the duty of such judge, on the application of any party desiring a change of venue in such action, to order the same, upon a proper showing of such interest on the part of the judge, as in other cases of change of venue. (As amended 1874, c. 72, § 1.)

20 M. 313; 22 M. 245.

§ 5. Judge of one district to act for judge of another. Whenever a judge of the district court is interested, as counsel or otherwise, in the event of any cause or matter pending before said court, in any county of his district, another district judge, in an adjoining district, shall, when thereto requested by said judge, attend and try said cause; and the judge of any district shall discharge the duties of the judge of any other district, when convenience or the public interest requires it; and whenever a district judge is a party or otherwise interested in any cause, another district judge, in an adjoining district, shall, within his district, transact any ex parte business, hear and determine motions and grant orders in such causes, when brought before him, which acts shall have the same force as if done in the district in which such actions are pending.

§ 6. Judge not to practise law-to reside in his district. No judge of any of the courts of record in this state, judges of probate courts excepted, shall practise as an attorney or counsellor at law, except in a cause in which he is a party in interest; nor shall he receive any fees for any legal or judicial service other than those prescribed by law; nor shall he be the partner of any practising attorney in the business of his profession. Each of the judges of the several district courts shall reside permanently within their respective judicial districts during their term of office. (As amended 1867, c. 87, §1.)

$7. Court not to be opened on Sunday-exception. No one of the courts of this state shall be open for any purpose on Sunday, other than to receive a verdict, or discharge a jury; but this section shall not in any wise prevent the judges of any of said courts exercising jurisdiction in any case where it is necessary for the preservation of the peace, the sanctity of the day, or for arresting and committing an offender.

§ 8. Inability of judge to hold term. In case any judge of a district court, from sickness or any other cause, is unable to hold any of his courts, the clerk thereof shall in due time give notice of such fact to the governor, who shall assign to one of the other district judges to hold the courts in such district, until the inability of the judge is removed.

§ 9. Non-attendance of judge-adjournment of term. In case the judge of any district court does not attend at the place of holding the same, by four o'clock in the afternoon on the first day of the term, the sheriff or clerk shall forthwith

open and adjourn the same until nine o'clock in the forenoon of the succeeding day; and if the judge does not then appear, the court shall again be adjourned until nine o'clock of the next day; and if the judge does not then appear, it shall be adjourned without day, and the jury dismissed, by one of said officers: provided, that any term of the said court, general or special, may be adjourned to a time certain, by the clerk or sheriff, upon the direction of the judge, either personally or communicated by letter or telegram, and without the presence of the judge. And in case of the adjournment of the court to a time certain, the juries may be required to appear at such adjournment thereon, without further notice. (As amended 1876, c. 64, § 1.)

§ 10. Omission to hold term-persons under recognizance, eto. All persons bound by recognizance, or otherwise, to appear at any court the term whereof is not held, are bound to appear at the next succeeding general or special term; and when the time of holding any court is changed, such persons are bound to appear at the term as so changed.

§ 11. Vacancy, etc., in office of judge not to affect proceedings. No process, proceeding or writ, civil or criminal, before any of the said courts, shall abate or be discontinued by reason of any vacancy in the office, or change of any judge, or of holding said court, but shall be proceeded in as if the said vacancy or change had not occurred.

$12. Process, how tested. All writs or processes issuing from or out of any of the said district courts, shall be tested in the name of the presiding judge thereof.

§ 13. Process to be sealed-when returnable. In all cases where, by the statutes of this state, any writ or process is required to be issued out of any of the courts of record, the same shall be sealed with the seal of the court, dated on the day on which it issued, signed by the clerk, and made returnable on the first day of the term succeeding its date, when no other time is fixed by law, or allowed by the rules or practice of the court, for the return thereof.

16 M. 426; 20 M. 196.

§ 14. Process to be indorsed with name of attorney. All writs or processes issuing from or out of said courts shall, before the delivery thereof to the officer whose duty it is to serve the same, be indorsed by the clerk with the name of the attorney or other person demanding the process.

§ 15. Adjournments during term-adjourned and special terms. The judge of any district court may adjourn the same from time to time during any term thereof, hold adjourned terms of said court at any time he may deem proper, or appoint special terms in any county of his district, for the trial of civil and criminal cases and issues of law, giving twenty days' previous notice thereof, by advertisement, published four successive weeks in a newspaper printed in the said county, if there is one, if not, in a paper published at the capital, and also by posting a notice thereof on the door of the place for holding the court, in the county in which said term is to be held; and may direct grand and petit jurors to be drawn and summoned for any adjourned or special term, in the manner prescribed by law. Special terms may also be appointed by said judge for the hearing of issues of law, applications, motions, and all matters except the trial of issues of fact, by causing an order appointing said term to be made on the court journal of the county, and a copy thereof to be posted in the office of the clerk of the county for three successive weeks prior to the time of holding the same.

19 M. 539.

§ 16. Temporary place of holding court. Whenever the court-house or place of holding court in any county is destroyed, unsafe, unfit or inconvenient for the holding of any court, or if no court-house is provided, the judge of the district may appoint some convenient building, in the vicinity of the place where the court is required to be held, as a temporary place for the holding thereof.

$17. Special venires for jurors. Whenever, at any terin of any district court, there is a deficiency of jurors, the court may order a special venire to issue to the sheriff