SECTION. 49-51. Depositions de bene esse-when and how 123-126. taken-when to be read on trial. 52-55. Commissions to take testimony-when and how awarded-execution and return-effect-adjournment of action. TRIAL BY JURY. 127. 56-61. Jury, how impannelled-selection-venire JUDGMENTS. 62-64. Set-off of mutual judgments. 70-71. When summons is not personally servedbond for restitution-opening judgment. 72-74. Transcripts-filing and docketing in district court-lien on real estate-execution -on what leviable. 75. Presumptions in favor of judgment. EXECUTION AND PROCEEDINGS THEREON. 76-79. When to be issued-form-docket entries 80-83. Levy, sale and return-officer not to pur- Compelling return, allowance of appeal, and amendment of return-no dismissal for want of bond. Time for trial-affirmance for want of prosecution - judgment and execution against sureties-rights of surety satisfying execution. Return, when justice has gone out of office. PROCEEDINGS FOR CONTEMPT. In what cases-extent of punishmenttrial before punishment-summary proceedings-record to be filed in district court-commitment, what to set forth. 134-137. Commitment of witness refusing to testify-adjournment of case-punishment for disobeying subpoena. 138. 139-144. 145-147. FORMS IN CIVIL ACTIONS CASES. JURISDICTION AND PROCEEDINGS IN CRIMINAL 148-152. 153-157. 88-93. Writ, when to issue-affidavit-bond-form 158-162. 94-96. Measure of damages of plaintiff-of defend- 97-101. When allowed-affidavit-writ, when returnable-bond-execution of writ-summoning defendant. 102-104. Publication of summons-adjournment pending publication. 105-108. Forthcoming bond by defendant - by third person in possession-sale of perishable property-fees of officer. 109-112 Pleadings-dissolution of attachmentsexecution and sale. APPEALS. 113-116. May be taken, when-requisites to allowance-stay of proceedings-filing of return-evidence to be returned, when. 117-118. Trial in district court-entry by appellant for trial-effect of failure. TITLE 1. JURISDICTION. § 1. Jurisdiction limited to county-exceptions. The jurisdiction of a justice of the peace is co-extensive with the limits of the county in which he resides, except in the following cases: First. Writs of attachment may be directed to the proper officer in any county, for the purpose of causing an attachment of property therein. Second. Garnishee process issued in an action before a justice may run into, and be served on the garnishee in, any county in the state. § 2. Place of keeping office-of holding court. Every justice of the peace shall keep his office in the town, city or ward for which he is elected; but he may issue pro cess in any place in the county, and may, in his discretion, for the convenience of parties, make any process issued by him, either civil or criminal, returnable, and may hold his court, at any place appointed by him in a town or ward adjoining the town or ward in which he resides: provided, the place so appointed be within his county. (As amended 1868, c. 92, § 1,) § 3. Not to keep office with attorney. No justice of the peace shall hold his office in the same room with a practising attorney, unless such attorney is his law partner; and in that case, such partner shall not appear or practise as an attorney in any case tried before such justice. $4. Powers of justice-laws applicable to justice's court. A justice of the peace is authorized to hold a court for the trial of all actions in the next section enumerated, and to hear, try and determine the same; and for that purpose, where no special provision is otherwise made by law, such court is vested with all the necessary powers which are possessed by courts of record in this state; and all laws of a general nature apply to such justice's court, so far as the same are applicable, and not inconsistent with the provisions of this title; but no justice of the peace shall charge the jury. 22 M. 245. $5. Actions within jurisdiction of justice. Such justice has jurisdiction of the following actions and proceedings: First. Of an action arising on contract, for the recovery of money only, if the sum claimed does not exceed one hundred dollars. 2 M. 68 (86) 18 M. 216. Second. Of an action for damages for an injury to the person, or to real property, or for taking, detaining or injuring personal property, if the damages claimed, or, in replevin, the value of the property in controversy, does not exceed one hundred dollars. 20 M. 418; 23 M. 520. Third. Of an action for a penalty given by statute, not exceeding one hundred dollars. Fourth. Of an action upon a bond, conditioned for the payment of money not exceeding one hundred dollars, though the penalty exceeds that sum; the judgment to be given for the sum actually due. When the payments are to be made by instalments, an action may be brought for each instalment as it becomes due. Fifth. Of an action upon an official bond, or bond taken by him, if the penalty does not exceed one hundred dollars. Sixth. To take and enter judgment on the confession of a defendant, when the amount does not exceed one hundred dollars. § 6. Actions not within jurisdiction. The jurisdiction conferred by the last section does not extend, however, to a civil action: First. In a cause involving the title to real estate. 4 M. 215 (298.) Second. Nor for false imprisonment, libel, slander, malicious prosecution, criminal conversation or seduction, or upon a promise to marry. Third. Nor for an action against an executor or administrator as such. TITLE 2. COMMENCEMENT OF ACTIONS; SERVICE AND RETURN OF PROCESS. § 7. Justice to keep docket-its contents. Every justice of the peace shall keep a docket in which he shall enter: First. The title of all causes commenced before him. Second. The time when the process issued, the nature thereof, when returnable, and the return of the officer. Third. The time when the parties appeared before him. Fourth. A brief statement of the nature of the plaintiff's demand, and the amount claimed, and, if any set-off was pleaded, a similar statement of the set-off. Fifth. Every adjournment, stating at whose request, and to what time and place. Sixth. The time when the trial was had, stating whether the same was by jury or by the justice. Seventh. The verdict of the jury, and when rendered. Eighth. The judgment, time of issuing execution, the name of the officer to whom delivered, an account of the debt, damages and costs, and the fees due to each person, separately. Ninth. The fact that an appeal was taken and allowed, and the time thereof. Tenth. Satisfaction of judgment when made. Eleventh. All questions of law raised by either of the parties to any action or proceeding, the order made by the court thereon, any exception taken to such order by any party, and all other matters that are material. 11 M. 78; 12 M. 216; 14 M. 357; 15 M. 447; 16 M. 329; 18 M. 312; 20 M. 100; 21 M. 30, 403, 458. *§ 8. Disposition of docket at end of justice's term. Every justice of the peace who shall not receive a suitable docket from his predecessor in office shall provide himself with such docket at the expense of his town, and, at the expiration of his term, he shall deliver such docket, together with such docket, if any, as he may have received from his predecessor, to his successor in office: provided, however, that at the time of the expiration of his term of office, if no successor shall have been elected, it shall then be the duty of said justice to turn over and deliver to the clerk of the district court of his county all books, dockets and papers pertaining to his office, to be by said clerk delivered to the successor in office of said justice, whenever the same may be called for. (1867, c. 88, § 1.) *$ 9. Execution on judgments of predecessor in office. Every justice of the peace is hereby authorized to issue execution upon any unsatisfied judgment duly entered in any docket received from his predecessor, in like manner and with the same effect as if said judgment had been entered by him during his term of office: provided, that no execution shall be issued on such judgment after the time prescribed by law. (Id. § 2.) § 10. (SEC. 8.) Actions, how commenced-when defendant's name is unknown. Actions may be instituted before a justice of the peace, either by the voluntary appearance and agreement of the parties, or by the usual process; when the name of the defendant is not known to the plaintiff, an action may be commenced against him by a fictitious name, and his true name shall be inserted when discovered. 14 M. 16; 15 M. 447; 18 M. 312; 20 M. 100; 21 M. 30; 22 M. 129. § 11. (SEC. 9.) Security for costs. Any justice of the peace in this state may, in all actions instituted before him, before or after the process issues, require of the plaintiff security for costs; and the person giving such security shall sign a memorandum in writing to that effect, which such justice shall keep as a part of the record in the cause, and an action may be maintained thereon before said justice to recover the costs; and if the plaintiff refuses to give such security, the justice shall dismiss the action. § 12. (SEC. 10.) Requisites of summons and process. Every summons or process issued by a justice of the peace shall run in the name of the state of Minnesota, be dated on the day it issues, be signed by the justice issuing the same, and be directed to the sheriff or any constable of the proper county. It shall be entirely filled up, and have no blank, either in date, or otherwise, at the time of its delivery to an officer to be executed; every such process which is issued and delivered to an officer to be executed, contrary to the provisions of this section, shall be void. § 13. (SEC. 11.) Summons and service thereof. In all cases not otherwise provided for, the first process is by summons, commanding the officer to summon the defendant to appear before such justice at a time and place expressed in such summons, not less than six nor more than twenty days from the date thereof, to answer to the plaintiff in a civil action, which summons shall be served at least six days before the time of appearance therein mentioned, by reading the same to the defendant, and delivering a copy thereof to him, if requested, if such defendant can be found, and if not found, by leaving a copy thereof at his or her last usual place of abode. 18 M. 312. See post, c. 66, § 62. $14. (SEC. 12.) Service of summons by publication. When the plaintiff or his agent makes an affidavit stating that the plaintiff has a just cause of action against the defendant founded upon contract express or implied, and that the defendant can not be found in the state, a justice may order that service be made on the defendant by publication of the summons, in the form hereinafter prescribed, in either of the following cases: First. When the defendant is a foreign corporation. Second. When the defendant, being a resident of the state, has departed therefrom with intent to defraud his creditors, or to evade the service of a summons, or keeps himself concealed therein with like intent. Third. When the defendant is not a resident of the state, but has property, real or personal, therein, and the justice has jurisdiction of the action. § 15. (SEC. 13.) Publication of summons-when returnable-deposit in post-office. The order shall direct the publication to be made in a newspaper published in the county where the action is brought, and if there is no newspaper published in the county, in a newspaper published at the capital of the state, not less than once a week for three weeks. In case of publication, the summons shall be made returnable in not less than six nor more than twenty days from the expiration of the period of publication, and the justice shall direct a copy of the summons and complaint to be forthwith deposited in the post-office, directed to the defendant at his place of residence, unless it is stated in the affidavit that such residence is not known to the party making the application. $ 16. (SEC. 14.) Who may be empowered by justice to serve process. Every justice issuing any process authorized by this title, upon being satisfied that such process will not be executed for want of an officer to be had in time to execute the same, may empower any suitable person, not a party to the action, to execute the same, by an indorsement upon the process to the following effect: "At the request and risk of the plaintiff, I authorize A. B. to execute and return this writ. E. F., justice of the peace;" and the person so empowered shall thereupon possess all the authority of a constable in relation to the execution of such process, and be subject to the same obligations. § 17. (SEC. 15.) Failure to execute process-false returns. If any officer, without showing good cause therefor, fails to execute any process to him delivered, and make due return thereof, or makes false return, such officer, for every such offence, shall pay to the party injured, ten dollars, and all damages such party may have sustained by reason thereof, to be recovered in a civil action. § 18. (SEC. 16.) Next friend for infant plaintiff. No action shall be instituted by an infant plaintiff until a next friend for such infant is appointed. Whenever requested, the justice shall appoint some suitable person, who consents thereto in writing, to be named by such plaintiff, to act as his next friend in such action, who shall be responsible for the costs therein. $ 19. (SEC. 17.) Guardian for infant defendant. After the service and return of process against an infant defendant, the action shall not be further prosecuted until a guardian for such defendant is appointed. Upon the request of such defend ant, the justice shall appoint some person, who consents thereto in writing, to be guardian of the defendant in defence of the action; and if the defendant does not appear on the return-day of the process, or if he neglects or refuses to nominate such guardian, the justice may, at the request of the plaintiff, appoint any discreet person as such guardian; the consent of such guardian or next friend shall be filed with the justice, and the guardian for the defendant shall not be liable for any cost in the action. $ 20. (SEC. 18.) Transfer of action to another justice. If, on the return of the process, or at any time before the trial commences, in any action or proceeding, civil or criminal, either party, his agent or attorney, makes affidavit that the justice before whom the same is pending is a material witness for said defendant, without whose testimony he cannot safely proceed to trial; or that from prejudice, bias, or other cause, he believes such justice will not decide impartially in the matter; or if it is proved that the justice is near of kin to the plaintiff, the justice shall transfer said action, and all papers appertaining to the same, to some other justice of the same or an adjoining election district, who may thereupon proceed to hear and determine the same in the same manner as the justice before whom the said action or proceeding was commenced might have done; but no cause or proceeding shall be removed more than once, and no justice is required to transfer any civil action until all his costs in the same are paid. 15 M. 447; 17 M. 41. § 21. (SEC. 19.) Time for parties to appear. The parties are entitled to one hour in which to make their appearance after the time mentioned in the summons for appearance; but are not bound to remain longer than that time, unless both parties appear, and the justice, being present, is actually engaged in the trial of another action, or a special proceeding; in such case, he may postpone the time of appearance until the close of the trial. 22 M. 37. $22. (SEC. 20.) Failure to appear--offer of judgment. If either party fails to appear within one hour after the time specified for the return of the process, or after the hour to which the cause is adjourned, the justice shall dismiss the action, or proceed to hear the evidence of the party present, and render judgment thereon: provided, that the defendant who has appeared, may, before answering the complaint of the plaintiff, offer to allow judgment to be taken against him for the sum or property in said offer specified, with costs. If the plaintiff accepts the offer, the justice shall thereupon enter judgment accordingly. If the plaintiff refuses to accept the offer, the same is to be deemed withdrawn, and cannot be given in evidence; and if the plaintiff fails to obtain a more favorable judgment, he cannot recover costs subsequently made to such offer, but must pay the defendant's costs and disbursements made and expended subsequently to such offer. (As amended 1872, c. 68, § 1.) 8 M. 209 (213). TITLE 3. PLEADINGS AND TRIAL. § 23. (SEC. 21.) When pleadings shall take place. The pleadings in justices' courts must take place at the time mentioned in the summons for the appearance of the parties, or at such time thereafter, not exceeding one week, as the jus tice may appoint, for the convenience of the parties, and by their consent. 8 M. 209 (243); 14 M. 142. $24. (SEC. 22.) Pleadings-name and contents. The pleadings in justice's court are: First. The complaint stating the cause of action; Second. The answer stating the grounds of defence. |