of causes, shall be the same as in district court, and exceptions to the rulings and decisions of the judge, and his charges and refusals to charge, may be tak en as upon trials in the district court. When [where] no other provisions are otherwise made in this act, said municipal court is vested with all the powers which are possessed by the district courts in this state; and all laws of a general nature apply to the said municipal court, so far as the same can be made applicable, and not inconsistent with the provisions of this act. Jurors in said municipal court shall be entitled to like fees in the trial of civil actions as jurors in justices' courts, to be collected and paid in the same manner; but the party demanding a jury in any civil action shall be required to advance the jury fee of sixty cents for each juror, before the jury is sworn. That jurors in criminal cases shall be entitled to like fees as jurors in civil cases, which said fees shall be taxed as a part of the costs in the case. (Sp. Laws 1876, c 200, § 16, as amended by Sp. Laws 1877, c. 55, §1.) *S 144. Referees-exceptions-new trials-costs appeals. Title eighteen of chapter sixty-six of the General Statutes, relative to trial by referees, title nineteen of the same chapter, relative to exceptions, and title twenty of the same chapter, relative to new trials, shall apply to the said municipal court. Disbursements shall be allowed the prevailing party in said municipal court, and costs, to be taxed forthwith without notice; such costs [to] shall be as follows: To the plaintiff, upon a judgment in his favor, five dollars; to the plaintiff, upon a judgment in his favor, upon a trial on the merits, where the amount thereof, or the value of personal property recovered, exclusive of disbursements, exceeds fifty dollars, an additional five dollars; to the defendant, when judgment is rendered in his favor on the merits, after trial of an issue of fact, five dollars; and if the amount of money or value of property claimed in the complaint exceeds fifty dollars, an additional five dollars. Appeals from this court shall be in all cases to the supreme court, where they lie in similar cases from judgments and orders of the district court. (Id. § 17.) $ 145. Judgments-transcripts-executions. No judgment rendered in said municipal court shall attach as a lien upon real estate until a transcript thereof shall be filed in the district court, as hereinafter provided; but writs of execution thereon in civil actions may issue, upon entry of judgment, against the goods and chattels of the judgment debtor, returnable within thirty days. Judgment may be stayed in this court the same as in justices' courts. Every person in whose favor a judgment is rendered in said municipal court for an amount exceeding ten dollars, besides costs, may, upon paying the fee therefor, and all unpaid fees payable to the clerk in such action, demand, and shall receive from such clerk, a transcript of such judgment, duly certified, and file the same in the office of the clerk of the district court of the county of Washington, who shall file and docket the same as in the case of transcripts of judgment from courts of justices of the peace; and every such judgment shall become a lien upon the real estate of the debtor from the filing of such transcript, to the same extent as a judgment of the said district court, and shall thereafter, so far as relates to the enforcement of the same, be exclusively under the control of said district court, and carried into execution by its process, as if rendered in said district court. The clerk of said municipal court shall not issue such transcript while a writ of execution is in the hands of an officer and not returned or lost, and shall note on the record of such judgment the fact that such transcript has been given, and shall not thereafter issue any writ of execution on the same judgment, but may at any time give to the same party, or his representatives, a new transcript of such judgment, in the case of the loss of the transcript first given. (Id. § 18.) *§ 146. Garnishment. Proceedings against garnishees may be instituted in the same manner as in justices' courts; but the summons may be served either by any officer or any indifferent person, at any place within the state of Minnesota; and the summons may be made returnable at any term of said municipal court which may be named therein, not less than six days; and the notice required to be served on the defendant in the action may be signed either by the clerk of said court, or the person who served the garnishee summons, or by the plaintiff or his attorney. The disclosure of the garnishee may be taken, and all further proceedings had, in the same manner as if the proceedings were in the district court. (Sp. Laws 1876, c. 200, § 19.) *§ 147. Proceedings in criminal cases. Complaints in criminal cases, where the defendant is not in custody, may be made to the court while in session, or to the judge or clerk when not in session, and shall be made in writing, or reduced to writing by the judge or clerk, and sworn to by the complainant, whether the offence charged be a violation of the criminal laws of the state, or of the ordinances, regulations or by-laws of said city; and the clerk, as well as the judge, is hereby made a conservator of the peace, and vested with the same authority, discretion and power to act on receiving complaints, and issuing the warrants of said court in criminal cases. And complaints, warrants, and other process in criminal cases, may follow substantially the same forms heretofore in use by the justices of the peace or the city justice, with such alteration as may seem convenient to adapt the same to the style of said municipal court, or may be in such other form as the court may prescribe, sanction or approve. In cases where alleged offenders shall be in custody, and brought before the court or the clerk without process, the clerk shall enter upon the records of the court a brief statement of the offence with which the defendant is charged, which shall stand in place of a complaint, unless the court shall direct a formal complaint to be made; the plea of the defendant shall be guilty or not guilty; in case of failure to plead, the clerk shall enter a plea of not guilty, and a former acquittal or conviction for the same offence may be proved under that plea as well as if formally pleaded. In the examination of offenders charged with indictable offences, the clerk shall keep such minutes of the examination as the court may direct, and shall make the proper return to the court before which the party charged with the offence may be bound to appear." (Id. § 20.) * 148. Salary of judge and clerk-police officers. The judge of said court shall receive a salary of twelve hundred dollars per year, and the clerk of said court, a salary of six hundred dollars per year, exclusive of his salary as city clerk, payable from the city treasury of Stillwater, in monthly instalments; and neither the said judge, clerk or deputy clerk shall receive any other fee or compensation for his services; but in all proceedings had in said municipal court, like fees shall be charged and collected by the clerk, as costs, as are allowed by law to justices of the peace in proceedings and upon trials before them, or for similar services. Police officers of said city are hereby vested with all the powers of constables under the statutes of Minnesota, as well as at common law; and police officers, in making service of any process, or doing other duty in respect to causes in said court, shall note, and return to the court for collection, such fees as are allowed to constables for the like services in justices' courts; and all fees, whether so charged by the clerk or any police officer, whether due from the county on preliminary examinations, or otherwise, shall be collected by the clerk as costs, and by him be accounted for and paid over to the city treasurer of said city, as herein before provided for. (Id. § 21, as amended by Sp. Laws 1878, c. 68, §1.) $149. Police officers in attendance on court. It shall be the duty of the mayor and chief of police of said city to see that a sufficient number of police officers are always in attendance upon said court, and in readiness to obey its mandates and serve its process, and preserve order in the proceedings. Police officers of said city shall hereafter receive for their services no other compensation than the salary paid them by said city, except as otherwise provided in the act to which this is amendatory; and if any fee shall be paid to any police officer for any service, he shall forthwith' pay the same over to the clerk of said municipal court, for the use of said city; and a failure to do so shall be a misdemeanor, punishable by fine not exceeding one hundred dollars, or by imprisonment not exceeding thirty days. The mayor of said city shall have the power, in his discretion, to appoint one or more persons, approved by the municipal judge, as policemen for special attendance and duty in said court, irrespective of the general or special rules, or legal regulations and enactments, relative to the qualifications of policemen; but such persons shall receive the same, but no greater compensation, unless the council direct greater compensation, as ordinary police; and all policemen attending said court may be required to give bonds to said city, in such sum as the council shall direct, for the performance of their duties, for the use of all persons interested: provided, however, that the above shall not affect the powers and duties of the general police in said court. (Sp. Laws 1876, c. 200, § 22.) * 150. Special judge. There shall be one special judge of said municipal court, whose manner of election, term of office, power and duties shall be the same as those of municipal judge, except as otherwise provided in this act; and their successors shall be elected, and vacancies in their offices filled, in like manner. In case of press of business in said court or at the request of the municipai judge, or in case of the unavoidable and necessary absence or sickness of the munici pal judge, on the request of the mayor or acting mayor of said city, the said special judge shall act as judge of said court; and when the special judge so acts at the request of the municipal judge, the said special judge and the municipal judge shall each have and exercise the powers of said court. If, on the return of the process, or at any time before trial commences, in any action or proceeding, civil or criminal, either party shall make it appear by affidavit that the judge is a material witness in the case, or shall make it appear by affidavit that, from prejudice or other cause, he has good cause to believe that the judge will not decide impartially in the matter, and shall, before making of the transfer as hereinafter provided, deposit with the clerk the sum of four dollars, as payment of one day's salary of said special judge, the said municipal judge shall forthwith turn over the said cause, with all the papers and records therein, to the said special judge, who shall thereafter act as judge in said case, with full powers as court; said special judge shall not act on the trial or examination of any case, or otherwise, except as above provided; and any special judge, acting as judge of said court, shall receive compensation at the rate of four dollars per day, the same to be paid by the city of Stillwater, and deducted from the salary of the municipal judge, except when the same shall be for services performed by the said special judge when the said municipal judge in necessarily and unavoidably absent or sick, or when the said special judge is called in to assist the said municipal judge during an unusual press of business, in which case the said special judge shall be paid by the city, and the same shall not be deducted from the salary of the municipal judge. This section shall not incapacitate any such special judge from acting as an attorney in any case or proceeding in said court; but when such judge is acting as judge of said court, he shall take no action in said case, save to adjourn the same. (Id. § 23, as amended by Sp. Laws 1878, c. 68, § 2.) § 151. Prosecuting officers. The city attorney of the city of Stillwater shall have charge of the prosecution of all criminal cases before said municipal court not indictable, and the county attorney of the county of Washington shall act in the prosecution of offenders charged with indictable offences, when so required by law to prosecute before justices of the peace. (Id. § 24.) *§ 152. Clerk to provide supplies, etc. The clerk of the municipal court shall, under the direction of the judge, and with the consent of the city council of said city, (unless otherwise provided,) from time to time procure and furnish all the necessary blanks, stationery, record-books, court-room, jury-room and office furniture, lights and fuel, for the use of the court and the officers thereof, at the expense of the said city. (Sp. Laws 1876, c. 200, § 25.) *§ 153. Justices of peace superseded. All causes and proceedings pending before justices of the peace within the said city, at the time of the passage of this act, shall forthwith by said justices be transferred to said municipal court, with all papers and records concerning the same; and said municipal court shall take cognizance of such causes and proceedings, and proceed therein as if the same were originally commenced in said municipal court. And the dockets, records, files and papers in the custody of any and all justices of the peace of said city shall at once be transferred and turned over to the said municipal court, which shall have full jurisdiction to finish and complete all proceedings pending before any justice of the peace, and to enforce, by execution or otherwise, all judgments theretofore rendered by justices of the peace within the present city of Stillwater; and such judgments shall stand on the same footing as judgments of said municipal court. And from and after the passage of this act, no justice of the peace within the city of Stillwater shall issue any process, or take cognizance of any action or proceeding, civil or criminal; but the jurisdiction of said municipal court shall, within said city, be exclusive in all causes heretofore cognizable before the city justice, except that this clause shall not affect the jurisdiction of any court of record having general jurisdiction such as is conferred on the district court. (Id. § 26.) *§ 154. Same-custody of dockets, etc. The term of office of each justice of the peace now existing in said city shall cease at the end of the two years for which he was elected, and shall not continue until his successor is elected and qualified. The said municipal court shall have the custody and possession of all dockets, records, files and papers of all justices in said city whose terms have expired, except where the same are lawfully in the possession of existing justices; and each justice in said city, upon the termination of his office as herein provided for, or other termination of his office, shall forthwith transfer all pending cases, and all dockets, records, files and papers in his custody, to the said municipal court, which shall have full jurisdiction to finish and complete all proceedings pending, when transferred, before any justice of the peace, and to enforce, by execution or otherwise, all judgments existing on such dockets thus transferred, or in his possession, of such court; and such judgments shall stand on the same footing as judgments of the said municipal court. The jurisdiction of said municipal court shall, within said city, be exclusive in all causes hereafter cognizable before justices of the peace, save as above excepted as to existing justices during their present terms of office, and except that this clause shall not affect the jurisdiction of any court of record having general jurisdiction, such as is conferred upon the district court. (Id. § 27.) * 155. Transfers from justices. When any transfer of any action before a justice of the peace now existing in said city is made under section eighteen of chapter sixty-five of the General Statutes, such transfer, with all papers appertaining to the action, shall be made to the said municipal court, and not to another justice; and the said municipal court shall thereupon proceed to hear and determine the said action, and act thereupon in the same manner as if the same had been originally commenced therein. (Id. § 28.) *$ 156. Appeals from justices. All appeals hereafter taken from the judgment of any justice of the peace now existing in said city, shall be taken to the said municipal court, and not to the district court; and title eleven of chapter sixty-five, as amended, shall, save as to the court to which the appeal is to be taken, apply to the said appeal, and, as far as applicable, to the said municipal court in becoming possessed of any proceeding upon said appeal, and in all other respects. (Sp. Laws 1876, c. 200, § 29.) * 157. Costs in criminal cases. In all criminal cases tried in said court, in which the defendant shall be convicted, the clerk shall tax, as costs of court, and, if not paid, judgment shall be entered therefor against the defendant, in the following sums, viz: In cases where no warrant is issued, and the defendant, upon being arraigned, shall plead guilty, two dollars. In cases where warrant shall be issued, and the defendant, upon arraignment, pleads guilty, two and onehalf dollars. In cases where the defendant shall plead not guilty, and shall be tried before the court, five dollars. In cases where the defendant shall plead not guilty, and be tried before a jury, ten dollars. Said sums respectively to be in addition to all costs of witnesses, jurors, and other costs taxed in said actions, or either of them. (Id. § 30.) *§ 158. Costs on examinations. In all examinations held by or before said court, to enquire of offences of which said court shall not have final jurisdiction, the clerk shall tax, as costs of said court for making such examination, the same fees as are now allowed to justices of the peace for similar services, and fifty per cent. additional thereto. (Id. § 31.) *§ 159. Deposit by plaintiff. The plaintiff, upon making his complaint in all civil actions, shall pay to the clerk of said court one dollar for each one hundred dollars or fraction thereof claimed in the complaint. (Id. § 32.) *8 160. Process-where to run-service. All process issued by said court may run into any adjoining county in this state, and be served therein by any police officer or sheriff or constable of said county, or by any indifferent person therein, in the manner provided. (Id. § 33.) [COMMENCEMENT OF ACTIONS, ETC. 7-9. Docket and its contents-dockets of justices who have gone out of office-execution on judgments therein. 10-12. Actions, how commenced-when defend- 13. Summons and service thereof. 18-19. Next friend or guardian for infant parties. 32-35. 36-38. PLEADINGS AND TRIAL Pleadings, when to take place-names and contents-oral or in writing-requisites of complaint of answer-counterclaim and reply denial of knowledge or information -actions on account, etc., for money onlyinspection of writings-verifications, Admission by failure to deny-plaintiff to prove case, when-objections to pleadings -variances disregarded-amendments. Adjournment at close of pleading-proceedings where title to real estate is involved-adjournments after the first. SET-OFFS. 39-44. What may be set off and when-against assignees, trustees and nominal plaintiffs -counterclaim to be pleaded--judgment when it is established-when balance is found due to defendant. |