of the county, commanding him to summon, from the county at large, a number therein named of competent persons, to serve as jurors for the term, or for any specified number of days. If, at any term of such court, there is an entire absence of jurors of the regular panel, whether from an omission to draw or to summon such jurors, or because of a challenge to the panel, or from any other cause, the court may in like manner order a special venire to issue to the sheriff of the county, commanding him to summon, from the county at large, a number therein named of competent persons, to serve as jurors during the term.

1 M. 257 (347); 10 M. 185 (233); 16 M. 282, 313; 17 M. 76.

DISTRICT COURT FOR SECOND DISTRICT.*

*S 18. Judges in second judicial district. There shall be elected, in the second judicial district, three judges of the district court of such district, any one or more of whom shall have and exercise the powers of the court as now prescribed by law relative] to the present judge of said court, except as otherwise provided by this act: and all laws now in force, whether general or special, as to the qualifications, election, canvass of votes, oath and term of office, and commencement of such term, compensation, jurisdiction, duties, authority and powers of the present judge of said district court, shall apply to all the judges of said court; and their successors shall be elected, and vacancies in their offices filled. as now provided in relation to the said judge of said court: provided, however, that the present judge of said court, and the judges of the court of common pleas of the county of Ramsey, shall be the judges of said district court for the unexpired terms for which they were elected, and until their successors are elected and qualified: and provided further, that each of said judges of the said court of common pleas shall, immediately after the passage of this act, take and file an oath of office as judge of said district court, in the same manner as is now prescribed by law relative to the present judge of such district court. (Sp. Laws 1876, c. 209, § 1.)

§ 19. Same-powers, etc. The said judges, or a majority of them, may act in joint session, for the trial or determination of any matter before the court, including the trial of jury cases; and when so acting, the judge senior in office, or, if neither be senior in office, the judge senior in age, shall preside, and the decision of the majority shall be the decision of the court. If, however, only two of the said judges are so acting, and there is a division of opinion, the opinion of the presiding judge shall prevail. Process may be tested in the name of any one of the said judges. (Id. § 2.)

*§ 20. Division of business. The business of said court may be divided between the said judges, and otherwise regulated, by rules or otherwise, and each of the said judges may separately try court or jury cases, during the same term or at the same time. (Id. § 3.)

*8 21. Terms. There shall be three general terms of said court in each year, for the transaction of both civil and criminal business, and said terms shall be held on the second Tuesday of January, and the first Tuesday of May, and the last Tuesday of September, respectively. (Id. § 4, as amended 1878, c. 66, § 1.)

*8 22. Drawing of jurors. Grand and petit jurors shall be drawn for each of said terms, on or before fifteen days prior to each of said terms, and venires issued therefor and served as now provided by law; but no grand or petit jurors shall hereafter be drawn for said court of common pleas. (Id. § 5.)

*§ 23. Recognizances and commitments-appeals. All recognizances and commitments for criminal offences shall be made returnable to the said district court, and all appeals from justices of the peace, except from justices in the city of St. Paul, shall be taken to said district court. (Id. § 6.)

*An act relative to the judges of the district court for the second judicial district, and to merge the court of common pleas of Ramsey county into said district court. Approved March 2, 1876. (Sp. Laws 1876, c. 209.)

*$ 24. District court to supersede the common pleas. The court of common pleas of the county of Ramsey is hereby merged in said district court; and all business and proceedings in said court of common pleas, and pertaining and returnable thereto, and the possession, custody and control of all dockets, registers, judgment-books, records, files and papers of the said court of common pleas are hereby transferred to said district court; and all actions and proceedings now pending, on appeal or otherwise from said court of common pleas, in the supreme court, shall, when remitted, be remitted to the said district court; and all recognizances, bail-bonds, and other bonds, undertakings, executions, processes, appeals from justices of the peace, and all proceedings now outstanding, returnable to said court of common pleas, shall be returnable to said district court; and all liens and rights under judgments, transcripts of judgments, execution or attachment levies, or otherwise, in said court of common pleas, shall remain unimpaired by this act; and the said district court shall take cognizance of and have full jurisdiction, authority and power to proceed in, finish, complete and enforce and relieve against all such process, writs, levies, judgments, transcripts, actions and proceedings, as fully as if the same had been orginally commenced in, taken to, or pending in said district court; and all executions, writs, process, certificates, and other proceedings hereafter taken in actions and matters now pending in said court of common pleas, or returnable or pertaining thereto, shall be entitled in the said district court; and it is the intent, and hereby declared to be the effect, of this act, that everything in the said court of common pleas, or pertaining or to appertain thereto, or which may arise therefrom. shall be acted on, disposed of and accomplished as fully and completely in the said district court as if originally the same therein were, whether it be specially or not in this act mentioned. (Sp. Laws 1876, c. 209, § 7.)

*$ 25. Return of recognizances, etc. All recognizances, bonds, process and other papers, heretofore issued, returnable at any term of the district or common pleas court, as the said terms are established before the passage of this act, shall be returnable at the term of the district court, as now fixed, next succeeding that at which they were returnable. (Id. § 8.)

* 26. Judges of court of common pleas. The judges of the said court of common pleas, and the clerk thereof, shall cease to transact any business therein after this act takes effect; and the said judges of the court of common pleas shall receive no compensation as judges of said court of common pleas after this act takes effect, but shall receive the same compensation as judges of district court as received by the present judge of said district court. (Id. § 9.)

DISTRICT COURT FOR FOURTH DISTRICT.*

* 27. Judges in fourth judicial district. There shall be elected in the fourth judicial district, two judges of the district court of such district, any one or either or both of whom shall have and exercise the powers of the court as now prescribed by law relative to the present judge of said court, except as otherwise provided by this act; and all laws now in force, whether general or special, as to the qualifications, election, canvass of votes, oath and term of office, and commencement of such term, compensation, jurisdiction, duties, authority and powers of the present judge of said district court, shall apply to all the judges of said court; and their successors shall be elected, and vacancies in their offices filled, as now provided in relation to the said judges of said court: provided, however, that the present judge of said court, and the judge of the court of common pleas of the county of Hennepin, shall be the judges of said district court for the unexpired terms for which they were elected, and until

An act relative to the judges of the district court for the fourth judicial district, and to merge the court of common pleas of Hennepin county into said district court. Approved February 26, 1877. (Laws 1877, c. 103.)

their successors are elected and qualified: and provided further, that said judge of the said court of common pleas shall, immediately after the passage of this act, take and file an oath of office as judge of said district court, in the same manner as is now prescribed by law relative to the present judge of such district court. (1877, c. 103, § 1.)

*$ 28. Powers of judges. The said judges may act in joint session for the trial or determination of any matter before the court, including the trial of jury cases; and, when so acting, the judge senior in office, or, if neither be senior in office, the judge senior in age, shall preside, and his decision shall be the decision of the court. Process may be tested in the name of either of the said judges. (Id. § 2.)

* 29. Division of business. The business of said court may be divided between the said judges, and otherwise regulated, by rules or otherwise; and each of the said judges may separately try court or jury cases during the same term or at the same time. (Id. §3.)

* 30. Terms of court. There shall be three general terms of said court for the transaction of both civil and criminal business, and said terms shall be held at such times as may be provided by law. (Id. § 4.)

*S 31. Grand and petit jurors, when drawn. Grand and petit jurors shall be drawn for each of said terms, on or before fifteen days prior to each of said terms, and venires issued therefor and served as now provided by law; but no grand or petit jurors shall hereafter be drawn or summoned for said court of common pleas. (Id. § 5.)

*$ 32. Recognizances and commitments-appeals. All recognizances and commitments for criminal offences shall be made returnable to the said district court, and all appeals from justices of the peace shall be taken to said district court. (Id. § 6.)

* 33. District court to supersede common pleas. The court of common pleas of the county of Hennepin is hereby merged in said district court; and all business and proceedings in said court of common pleas, and pertaining and returnable thereto, and the possession, custody, and control of all dockets, registers, judgment-books, records, files and papers of the said court of common pleas, are hereby transferred to said district court; and all actions and proceedings now pending, on appeal or otherwise from said court of common pleas, in the supreme court, shall, when remitted, be remitted to the said district court; and all recognizances, bail-bonds, and other bonds, undertakings, executions, processes, appeals from justices of the peace, and all proceedings now outstanding, returnable to said court of common pleas, shall be returnable to said district court; and all liens and rights under judgments, transcripts of judgments, execution or attachment levies, or otherwise, in said court of common pleas, shall remain unimpaired by this act; and the said district court shall take cognizance of, and have full jurisdiction, authority and power to proceed in, finish, complete and enforce, and relieve against, all such process, writs, levies, judgments, transcripts, actions and proceedings, as fully as if the same had been originally commenced in, taken to, or pending in said district court; and all executions, writs, process, certificates, and other proceedings hereafter taken in actions and matters now pending in said court of common pleas, or returnable or pertaining thereto, shall be entitled in [the] said district court; and it is the intent, and hereby declared to be the effect, of this act, that everything in the said court of common pleas, or pertaining or to appertain thereto, or which may arise therefrom, shall be acted on, disposed of and accomplished as fully and completely in the said district court as if originally the same therein were, whether it be specially or not in this act mentioned. (Id. § 7.)

34. Return of recognizances, etc. All recognizances, bonds, process, and other papers, heretofore issued, returnable at any term of the district court or common

pleas court, as the said terms were established before the passage of this act, shall be returnable at the term of the district court as now fixed, next succeeding that at which they were returnable. (1877, c. 103, § 8.)

*$ 35. Judge and clerk of common pleas. The judge of the said court of common pleas, and the clerk thereof, shall cease to transact any business therein, after this act shall take effect; and the said judge of the court of common pleas shall receive no compensation as judge of said court of common pleas, after this act takes effect, but shall receive the same compensation, as judge of the district court, as received by the present judge of said district court. (Id. § 9.)

*§ 36. Court of common pleas abolished. The court of common pleas of Hennepin county is hereby abolished; and all acts or parts of acts, in any wise in conflict with this act, are hereby repealed. (Id. § 10.)

RULES OF PRACTICE-SHORT-HAND REPORTERS.

*§ 37. Annual meeting of judges--rules of practice. The judges of the district courts of the several judicial districts, and of the several courts of common pleas of the state, shall, on the first Wednesday of July next, or on some day prior thereto, at their election, meet in general session at the capitol, in the city of Saint Paul, and adopt such general rules of practice in civil actions, not inconsistent with the constitution and laws of the state, or of the United States, as will secure a uniformity of practice throughout the state, as may be deemed necessary and just. The said judges shall meet annually thereafter, at the same place, on the first Wednesday of July, to revise such general rules, and make such amendments thereto, and such further rules, not inconsistent with the constitution and laws of the state or of the United States, as may be deemed necessary; and the same shall go into effect from and after their publication. The general rules so made shall govern all the district courts and courts of common pleas in this state: provided, that in any case, in furtherance of justice, said rules may be relaxed or modified, and a party may be relieved against the effect thereof, on such terms as may be just: provided further, that any six of said judges, so convened in general session as herein before provided, shall transact the business and discharge the duties imposed by this act, (1875, c. 44, § 1.)

*§ 38. Appointment of short-hand reporters.. Each of the judges of the district court and of the courts of common pleas in this state is hereby authorized, in his discretion, to employ and appoint a short-hand writer, to make, in shorthand writing, a true record or report of the proceedings and evidence taken upon the trial of issues of fact in the several courts held in his district; and, when required by the court or either of the parties to any such trial, to transcribe such record or report into the words which shall be represented by the characters used by him in reporting such proceeding and evidence as the same shall occur: provided, however, that no such reporters shall be appointed in any county whose board of county commissioners shall not first authorize such appointment: provided further, that the provisions of this act shall not apply to the county of Ramsey, or be construed as repealing the special act relating thereto. (1874, c. 88, § 1, as amended 1877, c. 53, § 1.)

*$39. Oath and duties of reporter-removal. Before such reporter shall enter upon the performance of his duties, he shall take and subscribe an oath that he will, to the best of his knowledge and ability, keep, in short-hand writing, a true, full and accurate record of all the proceedings taken and evidence given upon the trials of issues of fact in the district court, when required so to do by the judge of said court, and that he will make and file with the clerk of the court a true and full transcript of his record or report in each case, into the words represented by the signs or characters which he shall use in his short-hand writing. Such oath shall be filed in the office of the clerk of the district court in one

of the counties in the district for which he is appointed. In reporting or recording the evidence of witnesses sworn and examined upon the trial of issues of fact, he shall record or report the questions put to the witnesses, and the answers thereto given by the witnesses, in the words used by the questioners and the witnesses. He shall not be required to report or record the arguments of counsel, but shall record all objections and the grounds thereof, as stated by counsel, and also the decisions or rulings of the court thereon, and exceptions taken by counsel to such decisions or rulings; and shall, immediately upon the completion of any trial, file his report in such short-hand writing, in the office of the clerk of the court where such trial was had, which report shall remain on file for the use of all parties interested; and in the performance of his duties, he shall be subject to the orders and discretions [directions] of the court; and the judge may at any time discharge such reporter, and employ and appoint another. (1874, c. 88, § 2.)

*§ 40. Effect of report, when transcribed, etc. When the record or report of a trial shall have been so made, transcribed and filed, and approved by the judge before whom such trial was had, it shall have such force and effect as a record of the court, and as a case, or bill of exceptions, as the court may, by general rule or order, prescribe. (Id. § 3.)

*§ 41. Compensation of reporter-fees. The amount or rate of compensation to be paid to such short-hand reporter shall be fixed by the judge who appointed him; and each county shall pay the compensation for his services during the time he shall be employed in the cases tried therein. The judge shall certify the time during which he shall be employed at any term in the county, and the amount to which he is entitled therefor. Upon the presentation of such certificate of the judge to the county auditor of the county, he shall draw his order, in favor of such reporter, upon the county treasurer, for the amount so certified; but such compensation shall not exceed ten dollars per day while employed in court, and fifteen cents per folio of one hundred words for the transcript: and provided further, that when such reporter shall be required by either of the parties to an action to transcribe his record into long-hand writing, the fees for such transcription as above provided for shall be paid by the party requiring the same. (Id. § 4.)

TITLE 2.

JUDICIAL DISTRICTS.

§ 42. (SEC. 18.) First district. The state is divided into judicial districts as follows: The counties of Goodhue, Dakota, Washington, Chisago, Pine and Kanabec, constitute the first judicial district. (As amended 1870, c. 81, § 1.)

§ 43. (SEO. 19.) Second district. The county of Ramsey constitutes the second judicial district. (As amended 1870, c. 81, § 1.)

§ 44. (SEC. 20.) Third district. The counties of Winona, Olmsted and Wabasha constitute the third judicial district. (As amended 1870, c. 81, § 1. and 1872, c. 50, §1.)

§ 45. (SEC. 21.) Fourth district. The counties of Hennepin, Wright, Anoka and Isanti, constitute the fourth judicial district. (As amended 1870, c. 81, § 1.) § 46. (SEC. 22.) Fifth district. The counties of Rice, Steele, Wareca and Dodge constitute the fifth judicial district. (As amended 1870, c. 81, § 1, and 1872, c. 50,§ 2.)

§ 47. (SEC. 23.) Sixth district. The counties of Blue Earth, Faribault, Martin, Jackson, Nobles, Rock, Pipestone, Murray, Cottonwood and Watonwan, constitute the sixth judicial district, (As amended 1870, c. 81, § 1.)

§ 48. (SEC. 24.) Seventh, eighth and ninth districts. The counties of Stearns, Sherburne Benton, Morrison, [Crow Wing, Aitkin, Cass,] Douglas, Todd, Mille Lacs,