selected, and lists of them made, signed, attested and delivered, as provided above. (1867, c. 112, § 2.) *$ 72. Pending proceedings not affected by change of title of court. No action or proceeding, civil or criminal, now pending or undetermined in any court the title of which is changed by the provisions of this act, shall be deemed to be affected or impaired in any manner by such change; but all subsequent proceedings therein shall be conducted and carried on in said court in the same manner as if such action or proceeding had been commenced in said court after the title thereof was changed; and such court shall also have the same civil and criminal jurisdiction over all the counties for which it is held that it would have had, provided its title had not been changed. (Id. § 3.) *$ 75. Change of place of holding court from one county to another. The judge of any district court, the title of which is changed by the provisions of section one of this act, may, whenever he shall consider it to be in furtherance of justice, or for the public convenience, order that the place for holding such court may be changed from the county now designated by law as the one in which such court shall be holden, to one of the other counties embraced in the title of such court; and in such case all the papers, records, books and other property appertaining to the said court, shall be delivered to the clerk of the district court of the county in which, by the terms of said order, the said court is thereafter to be holden, upon the demand of the said clerk; and all general and special terms of said court shall thereafter be holden in the county designated in the said order for the holding of the same; and the jurisdiction of the court in any action or proceeding pending at the time of the making of said order, or over any crime, misdemeanor, or offence committed either before or after the making of such order, shall not in any way be affected thereby: provided, that the said judge may, at any time when he shall deem it expedient, again in like manner change the county in which said court shall be holden. (Ïd. § 4.) 74. Same-vacancy in office of clerk. In case there is no clerk of the district court in the county to which the holding of the court is changed, as provided for in the preceding section, there shall be deemed to be an original vacancy in the office of the clerk of the district court for such county, which vacancy shall be filled in the same manner, and subject to the same qualifications and regulations, as are now by law provided for filling vacancies in the office of clerk of the district court. (Id. § 5.) *$ 75. Prisoners, to whom delivered. All persons for trial for any offence in any county within the jurisdiction of such court shall be delivered to the keeper of the common jail of the county in which said court is holden, for safe keeping, and to be produced when called for in the said court. (Id. § 6.) *$ 76. Expenses of criminal actions, etc. The expenses of all criminal actions and proceedings shall be charged to and be defrayed by the county in which the crime is charged to have been committed. (Id. § 7.) *$77. County commissioners of county where court is holden. In case any of the counties included in the provisions of this act shall have no board of county commissioners, then the board of county commissioners, and all the county officers,, of the county in which such court is holden, shall act as the board of commissioners and county officers of such county, in the same manner, and returns from said counties shall be made to and through such officers in the same manner, as is now required to be done in fully organized counties: provided, that such board of commissioners shall not have power to levy any greater tax upon said counties than is sufficient to provide for the expenses thereof, including the laying out, opening and improving of roads and buildings, and repairing of bridges therein. (Id. § 8.) See ante, c. 11, § 125. * 78. Appointment of clerk of court, when county is detached. That whenever any county that heretofore has been or hereafter may be attached to any other county for judicial purposes, heretofore has been or hereafter shall be detached from such county, and provision made for the holding of a general term of the district court in such detached county, it shall be the duty of the judge of the judicial district in which such detached county is situate, within thirty days after receiving notice of the passage of the act detaching such attached county, to appoint a clerk of the district court within and for such detached county, which clerk shall hold his office until his successor is elected and qualified. (1873, c. 82, § 1.) *$ 79. Filing of papers, etc., when county is attached to another. In all cases where any county or counties are or hereafter may be attached to any other county for judicial purposes, all pleadings, process, writs, recognizances, bonds and other papers by law required to be filed in the office of the clerk of the district court, shall be filed in the office of the clerk of such court in the county to which such county or counties are attached for judicial purposes, (Id. § 2.) *$ 80. Duty of secretary of state when an attached county is detached. It shall be the duty of the secretary of state, within ten days after the filing in his office of any act of the legislature detaching any county that heretofore has been or hereafter may be attached to any other county for judicial purposes, and providing for the holding of a general term of the district court in such detached county, to notify, in writing, the judge of the judicial district in which such detached county is situate, of the passage of such act. (Id. § 3.) MUNICIPAL COURT OF ST. PAUL. *$81. Municipal court established. There is hereby established in said city a court of record, to be called "municipal court," for the transaction of all business which may lawfully come before it; and the present city justice of said city shall be the judge of said municipal court until his successor is elected and qualified. (Sp. Laws 1875, c. 2, § 2.) *$82. Clerk-seal-jurisdiction. Said court shall have a clerk and a seal, and shall have, in addition to the jurisdiction and powers now conferred by said act upon the city justice of said city, cognizance of, and jurisdiction to hear, try and determine, civil actions or proceedings, where the amount in controversy does not exceed two hundred dollars, or where, in case the action is for the recovery of personal property, the value of such property does not exceed two hundred dollars: provided, however, that such cognizance and jurisdiction shall only extend to actions of the same nature and character, save as to amount, now or hereafter cognizable before a justice of the peace: and provided further, that where a counterclaim in excess of two hundred dollars over plaintiff's claim, or where any equitable defence, or ground for equitable relief, of a nature not cognizable before a justice of the peace, is interposed, or where it appears that the title to real estate is involved, the said court shall immediately cause an entry of the fact to be made of record, and cease all further proceedings in the cause, and certify and return to the court of common pleas of [the] said county, a transcript of all entries made in the record relating to the case, together with all process and other papers relating to the suit, in the same manner, and within the same time, as upon an appeal from justice court; and thereupon the said court of common pleas shall proceed in the cause to final judgment and execution, or transfer the same to the district court of said county, according to law, the same as if the said suit had been originally commenced in said court of common pleas, and the costs shall abide the event of the suit, except that the plaintiff shall advance the costs of the said municipal court in the suit: provided, however, that in actions for the recovery of money only, when the amount demanded in the plaintiff's complaint exceeds the sum of one hundred dollars and not more than two hundred dollars, the said mu nicipal court shall have in such case concurrent jurisdiction with the court of common pleas of Ramsey county, and the suminons in such action may be served and returned in the same manner that like process is by law now authorized to be served and returned, issued out of said court of common pleas, and with like force and effect; and the defendant in such cases shall be allowed twenty days from the time of the service of the summons upon him to make and file his answer in said court. (Sp. Laws, 1875, c. 2, § 3, as amended by Sp. Laws 1876, c. 211, § 1.) *§ 83. Election of judge-vacancy. There shall be elected at the general city election, in the year one thousand eight hundred and seventy-six, in said city, and every fourth year thereafter, a suitable person, with the qualifications hereinafter mentioned, to the office of judge of said court, to be called "municipal judge," who shall hold his office for the term of four years, and until his successor is elected and qualified. In case of any vacancy in the office of municipal judge, occurring either before or after such election in the year one thousand eight hundred and seventy-six, the governor of the state of Minnesota shall appoint, to fill the vacancy, some person qualified as hereinafter mentioned, who shall hold his office until his successor is elected and qualified. At the next annual city election occurring more than thirty days after a vacancy in said office shall have happened, a judge of said court, qualified as aforesaid, shall be elected for the full term of four years, and until his successor is elected and qualified. In case the said vacancy shall have occurred within a period of thirty days before the general city election, then the said judge shall be elected at the general city election in the year following that in which the vacancy shall have happened, for the said full term, and until his successor is elected and qualified. (Id. § 4.) $84. Qualifications of judge. Every judge of said court shall be a resident of the ci of Saint Paul, and a person duly admitted to practice as an attorney in the courts of this state; and, before entering upon the duties of his office, he shall take and subscribe an oath as prescribed by the General Statutes for judicial officers, which oath shall be filed in the office of the city clerk of said city. (Id. § 5.) *$85. Powers of judge. The judge of said municipal court shall have the general powers of judges of courts of record, and may administer oaths, take and certify acknowledgments in all cases, and, as conservator of the peace, shall have all powers and authority which is by law vested in justices of the peace, or any other judicial officer. (Id. §6.) *$ 86. Clerk-appointment and qualifications-deputy. There shall be a clerk of said municipal court, who shall be appointed by the judge of said court; and the judge shall have power to remove said clerk at pleasure, or he may be removed by a two-thirds vote of the whole number of aldermen elected to the city council. Such clerk, before he enters upon the duties of his office, shall take and subscribe an oath to support the constitution of the United States and of the state of Minnesota, and to faithfully and honestly discharge and perform the duties of his office, and shall execute to the city of St. Paul a penal bond, in such sum and with such sureties as the council shall direct and approve, conditioned that he will account to and pay over to the treasurer of said city, on the first Tuesday of every month, all fines, penalties, fees, and other moneys belonging to or to go to said city, which may have come into his hands during the month next preceding, and that he will at all times pay over to all other persons, on demand, all moneys to which they may be entitled, which may have come into his hands in virtue or by reason of his office; such oath and bond shall be filed in the office of the city clerk of said city. And in case of sickness or pressure of business, such clerk shall have power to appoint, subject to the approval of the judge of said municipal court, a deputy clerk, with the like powers of the clerk, but acting under the authority of said clerk; and the said deputy clerk shall take a similar oath, and execute a similar bond, to that of the chief clerk, which said oath and bond shall be filed in the office of the city clerk. Such deputy clerk shall receive such compensation for his services at a rate not exceeding fifty dollars per month, as may be previously fixed and determined by the common council of said city of Saint Paul. (Sp. Laws, 1875, c. 2, § 7. as amended by Sp. Laws, 1876, c. 211, § 2, and by Sp. Laws, 1877, c. 181, § 1. *§ 87. Powers of court-process-forms. The municipal court shall have full power and authority to issue all process, civil and criminal, necessary or proper to carry into effect the jurisdiction given to it by law, and its judgments and other determinations. And it shall have and possess all the powers usually possessed by courts of record at common law, subject to the modifications of the statutes of this state applicable to courts of record; except that it shall not have jurisdiction to issue writs of habeas corpus, quo warranto, ne exeat, mandamus, prohibition or injunction. It shall also have all the powers and jurisdiction conferred on justices of the peace, by chapter eighty-four, General Statutes, and the proceedings shall be the same as therein provided, except that no appeal shall be allowed except to the supreme court. All process shall be tested in the name of the judge, and issued under the seal of the court, and signed by the clerk, who shall be styled, "clerk of the municipal court." And the forms of process may be prescribed by the court, by rule or otherwise, and any form so prescribed shall be valid and sufficient; and such forms may be changed by the court from time to time. In the absence of such prescribed forms, the forms of process in use, either in courts of record in this state, or by justices of the peace, may be changed and adapted to the style of the court, and used at the discretion of the court or clerk. Process may be directed, for service, to the chief of police or any police officer of the city of Saint Paul, or to the sheriff or any constable of said county, and may be served the same as a summons issued by a justice of the peace; and service by publication may be ordered and made in like manner. (Id. § 8.) *S 88. Court, where held-duties of judge as criminal magistrate. The municipal court shall be held in the city of Saint Paul, at some suitable place to be provided therefor by the city council. Its judge shall be chief magistrate of the city, and shall see that the criminal laws of the state, and the ordinances, laws, regulations and by-laws of said city, are observed and executed, and for that purpose shall open his court every morning, (Sundays and legal holidays excepted,) and proceed to hear and dispose of, in a summary manner, all cases which shall be brought before him by the police officers of the city, or otherwise, either with or without process, for violation of the criminal laws of this state, committed within the county of Ramsey, or of the ordinances, laws, regulations or by-laws of said city. The clerk of the court shall keep a record of all proceedings, and enter all orders, judgments and sentences, under the supervision of the judge, and issue commitments and executions, as well as all other process. (Id. § 9.) * 89. Powers and duties of clerk. The clerk of the municipal court shall have the custody and care of all the books, papers and records of said court. He shall be present, by himself or deputy, at all trials, unless absent from sickness, or by consent of the judge; and in case of the absence of both clerk and deputy, the judge may appoint some person temporarily to the position. He may swear all witnesses and jurors, and administer all oaths and affidavits, and take acknowledgments; and when appointed by the court, he shall act as referee in any civil action pending in said court, without compensation. He shall keep minutes of all proceedings, and enter all judgments, and make up and keep the records of the court, under the direction of the judge, and, when the judge is not present, adjourn the court from day to day. He shall tax all costs and disbursements allowed in any action, subject to review by the judge, and do all other things and acts necessary and proper to the enforcing and carrying out the jurisdiction of the municipal court. He shall receive all fines, penalties and fees of every kind accruing to the court, or any officer thereof, including police officers, and keep full, accurate and detailed accounts of the same; and shall, on the first Tuesday of every month, deliver over to the city treasurer of the city of St. Paul, all moneys so received, with detailed accounts thereof, and take his receipt therefor. (Sp. Laws 1875, c. 2, § 10, as amended by Sp. Laws 1876, c. 211, § 3.) *§ 90. Terms of court-summons and service-return-pleadings, etc.-security for costs. The municipal court shall hold regular terms for the transaction of civil business, and trial of civil actions, on each Tuesday in every month, which terms shall continue from day to day, with such adjournments as the court shall deem proper, until the business of such term shall be finished; and all civil actions for the recovery of money only shall be commenced by summons, or writ of attachment, or other process, to be issued by the clerk; and all proceedings under the provisions of chapter 84 of General Statutes, and all civil process, shall be made returnable at 10 o'clock in the forenoon of one of said terms. The form of the summons may be as follows: State of Minnesota, SS. City of St. Paul, County of Ramsey. J The State of Minnesota to the chief of police or any police officer of the city of St. Paul, or to the sheriff or any constable of said county: You are hereby commanded to summons... .if......shall be found within the county of Ramsey, to be and appear before the municipal court of the city of St. Paul, at a term thereof to be holden on.... the .....day of........, 18...., at the opening of the court, and answer to whose complaint is on file in said court, in a civil action, and have you then and there this writ. this.... Witness the Honorable.. Municipal Judge, A. D. 18.... Clerk of the Municipal Court. Or the summons may be in any other form which the court may by rule prescribe, and shall be served upon the defendant at least six days before the term at which the same is made returnable. No summons shall issue until the complaint in the action shall be made and filed with the clerk. The complaint may be presented in writing, to be filed, or may be made orally, and reduced to writing by the clerk. If the defendant fail to appear at the opening of the court on the day at which the summons is returnable, he shall be defaulted; if he so appear, he shall then, or at such time as the court may designate, answer the plaintiff's complaint; and if the answer contain a counterclaim, the plaintiff shall reply thereto forthwith, or at such time as the court may designate. The answer or reply may be presented in writing, or made orally and reduced to writing by the clerk; and each of such pleadings shall be verified by the party, or his agent or attorney, as in courts of justices of the peace. Either party may demur to any pleadings of his adversary, as in the district court; but all pleadings in this court shall be construed liberally, and merely technical objections are to be disregarded. And the court may, for good cause, in its discretion, and on such terms as it may deem equitable, open any default within thirty days after the party against whom it is entered shall have notice or knowledge of the same, and may allow any amendment of any pleading, at any time, and shall disregard variances between the allegations of a pleading and the evidence, unless satisfied that the adverse |