MUNICIPAL COURT OF STILLWATER. *§ 131. 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. (Sp. Laws 1876, c. 200, § 4.) *$ 132. Clerk-seal-jurisdiction of court. 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 five hundred dollars, or where, in case the action is for the recovery of personal property, the value of such property does not exceed five hundred dollars: provided, however, that such cognizance and jurisdiction shall only extend to actions of the same nature and character, Esre as to amount, now or hereafter cognizable before a justice of the peace: and provided further, that where a counterclaim in excess of five 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 district court of the county of Washington 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's court; and thereupon the said district court shall proceed in the cause to final judgment and execution, according to law, the same as if the said suit had been originally commenced in said court, and the costs shall abide the events of the suit, except that the plaintiff shall advance the costs of the said municipal court in the suit. (Id. § 5, as amended by Sp. Laws 1877, c. 55. § 1.) *§ 133. 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 second 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 two years, and until his successor is elected and qualified. In case of any vacancy in the office of municipal judge, occurring 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, 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. § 6.) *$134. Qualifications and powers of judge. Every judge of said court shall be a resident of the city of Stillwater, and a person duly admitted to practice as an attorney in the courts of this state; and before entering upon the duties of his office he shall take and subscribe an oath as prescribed by the General Statutes for judicial officers, which oath shall be filed in the office of the city clerk of said city. The judge of said municipal court shall have the general powers of judges of courts of record, and may administer oaths, take and certify acknowledgments, in all cases, and, as conservator of the peace, shall have all *An act to amend the charter of the city of Stillwater, providing for a municipal court therein. Approved Maren 6, 1876. (Sp. Laws 1876, c. 200.) powers and authority which is by law vested in justices of the peace, or any other judicial officer. (Sp. Laws 1876, c. 200, §7.) *$ 135. Qualifications of clerk-deputy. The city clerk of said city shall be ex officio clerk of the said municipal court. 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 Stillwater 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 Monday 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 treasurer of said city. Such clerk shall have power to appoint, subject to the approval of the judge, a deputy clerk, with the like powers of the clerk, for whose acts the said clerk shall be responsible. (Id. § 8.) *8 136. 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 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 зhall 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." 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 form, 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 any police officer of the city of Stillwater, or to the sheriff or any constable of said County, and may be served the same as a summons in the district court, and service by publication may be ordered and made in like manner. (Id. § 9.) § 137. Place of holding court-judge as criminal magistrate. The said municipal court shall be held in the city [of | Stillwater, 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 Washington, 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. § 10.) *§ 138. 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. 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 or proper to the enforcing and carrying out the jurisdiction of the municipal court. He shall receive and collect 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 Monday of every month, deliver over to the city treasurer of the city of Stillwater, moneys so received, with detailed accounts thereof, and take his receipt therefor. (Sp. Laws 1876, c. 200, § 11.) *§ 139. Terms-summons and service pleadings, etc.-security for costs. The municipal court shall hold regular terms for the trial of civil actions, on the first and third Tuesdays of every month, which terms shall continue from day to day, with such adjournments as to the court may seem proper, until the business of each term shall be finished; and the court may by rule or order appoint such terms to be held oftener, or upon other days, than the days above mentioned. All civil actions for the recovery of money only shall be commenced by summons or by writ of attachment, to be issued by the clerk. The form of the summons may be as follows: State of Minnesota, SS. Municipal Court, County of Washington. J City of Stillwater. The State of Minnesota, to any police officer of the city of Stillwater, or the sheriff or any constable of said county: You are hereby commanded to summon.. . if...... shall be found within the county of Washington, to be and appear before the municipal court of the city of Stillwater, at a term thereof to be holden on Tuesday, the........day of... .A. D........., at the opening of whose complaint is on file the court, and answer to. in said court, and have you then and there this writ. The amount claimed by the plaintiff in said complaint is the sum of... ....dollars and ....cents, and interest thereon from and since the...........day of A. D. 18...., at the rate of.. · per cent. per annum. Municipal Judge, this Witness the Honorable.. ...day of... [L. 8.] A. D. 18.... Clerk of the Municipal Court. The summons may be served by any indifferent person. 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 the court may, for good cause, in its discretion, and on such terms as it may deem equitable, open any default within six months after the same is made, and may allow any amendment of any pleading, at any time, and shall disregard variance between the allegations of a pleading and the evidence, unless satisfied that the adverse party is prejudiced thereby. Either party shall be entitled to a continuance of any civil action, except in the case of proceedings under the provisions of chapter eighty-four, General Statutes of Minnesota, until the next term of the court following the term at which the summons shall be returnable; and further continuance may be granted upon such sufficient cause shown, and on such terms as may be just. Said court shall also have authority to provide by rule that the plaintiff in any civil action shall, by bond, recognizance, or deposit of money with the clerk, give security for costs, in such sum as the court may designate by such rule, before any summons or other process shall issue in the action, or at any other time. The counterclaim in the defendant's answer may be such a one as could be interposed in the district court. (Sp. Laws 1876, c. 200, § 12.) *$ 140. Attachment. Any creditor desiring to proceed by attachment in said court shall, by himself, his agent or attorney, make and file his complaint in writing, together with an affidavit similar to the affidavit required by law in an application for a writ of attachment in justice's court, and also cause to be filed a bond with sufficient surety to be approved by the judge, and similar to the bond required on a like application in justice's court, except that the limit of liability thereon shall be mentioned therein as not exceeding three hundred and fifty dollars. The writ of attachment may be in form as follows: State of Minnesota, County of Washington. } SS. City of Stillwater, Municipal Court. The State of Minnesota to any police officer of the city of Stillwater, or to the sheriff or any constable of said county: to satisfy the sum of.... You are hereby commanded to attach the goods, chattels, moneys, effects and credits of.... or so much thereof as shall be sufficient ....dollars, with interest and costs of suit, in whosesoever hands or possession the same may be found, in said county of Washington, and so provide that the same may be subject to further proceedings as the law requires; and also to summon.... .............the said..... .., if to be found within said county, to be and appear before the municipal court of the city of Stillwater, at a term thereof to be holden on..... ...the..... .... .....day of A. D., 18...., at the opening of the court, and answer whose complaint is on file in said court, in a civil to.... this..... ....day of.. Or the writ may be in any other form that the court may by rule prescribe, and shall in all cases be returnable as an ordinary summons. In all other respects the service of the writ, and other proceedings thereon, shall be similar, as near as may be, to the service of such writ and proceedings in justice court: provided, however, that in all cases where such writ shall be served on the defendant, personal judgment may be entered in said action, whether property be actually attached by virtue of said process, or not. (Id. § 13.) *§ 141. Replevin. When the object of an action is to recover the possession of personal property, the plaintiff, his agent or attorney, shall make and file his complaint in writing, together with an affidavit similar to the affidavit required in a justice court in like action. The plaintiff, or some person on his behalf, shall execute a bond with surety, to be approved by the judge, conditioned similar to bonds in such actions in justice court, and file such bond; and an action may be maintained on such bond as upon similar bonds filed in like actions in justice courts. The clerk shall thereupon issue the writ, which may be in form as follows: State of Minnesota, County of Washington. SS. City of Stillwater, Municipal Court. The State of Minnesota to any police officer of the city of Stillwater, or to the sheriff or any constable of said county: Whereas,.. . complains that..... ..has become possessed of, and unjustly detains from the said the following described goods and chattels, that is to say, (describing the articles with reasonable certainty, and stating their alleged value): Therefore you are hereby commanded that you cause the same goods and chattels to be replevied without delay, and delivered to said.. ., and to summons the said... if to be found within said county, to be and appear before the municipal court of the city of Stillwater, at a term thereof to be holden ...... .., the... ...day of...... on.... A. D. 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. Witness the Honorable. . Municipal Judge, A. D. 18.... Clerk of the Municipal Court, Or the writ may be in any other form that the court may by rule prescribe. The writ shall be served, and all proceedings thereunder had, in the same manner (except as to times and forms of pleading and trial) as upon similar proceedings in justice court. But the officer executing the writ shall retain the property taken under it in his own custody for three days before delivering the same to the plaintiff. and if, within that time, the defendant, or some one in his behalf, shall execute to the plaintiff a sufficient bond, with one or more sureties to be approved by the judge, conditioned as in like cases in the district court, and file such bond, the clerk shall thereupon issue an order to the officer to redeliver such property to the defendant. (Sp. Laws 1876, c. 200, § 14.) *$142. Calendar. The clerk of the court shall, prior to each term of the court, make up a calendar of the causes which will come up for trial, or for any disposition before the court at such term, adopting such arrangement as the judge may direct; and the court shall direct the order of the trial, and other disposition of causes. (Id. § 15.) *§ 143. Jury trial-drawing jurors-general powers of court-laws applicable. Trial by jury may be had in the municipal court as in courts of the justices of the peace, and the jury shall be selected in the same manner as in justice's court, and venires therefor be issued by the clerk, and talesmen may be selected in the usual manner; but no person shall be compelled to serve as a juror in said court oftener than once in each month, nor shall any person who has served as a juror in said court be eligible as a juror or talesman in any cause that may be tried in said court within one month thereafter, if objected to by either party. Three peremptory challenges of talesmen may be made by either party. The jury shall take the same oath which is prescribed for jurors in the district court, and the respective functions of judge and jury, upon the trial |