conclude a case already commenced before him, or unless in case of sickness or disability of the other special judge. (Sp. Laws 1875 c. 2 § 22, as amended by Sp. Laws 1876, c. 211, § 9.) *$ 102. Prosecuting officers. The city attorney of the city of St. Paul shall have charge of the prosecution of all criminal cases before said municipal court, not indictable; and the county attorney of the county of Ramsey shall act in the prosecution of offenders charged with indictable offences, when so required by law to prosecute before justices of the peace. (Id. § 23.) *$103. Clerk to procure 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 officers thereof, at the expense of the said city. (Id. § 24.) 1 * 104. Powers of justices of peace suspended. 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 St. Paul; 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 Saint Paul 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 justices of the peace, 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. (ld. § 25.) *§ 105. Justices of peace in St. Paul. That on the day of the next general city election, and every two years thereafter, in addition to the municipal officers then to be elected, the qualified electors of said city shall elect by ballot, as provided in section five of chapter two of the act relating to said city of Saint Paul, approved March 5th, 1874, two justices of the peace for said city of Saint Paul, one of whom shall reside and hold his office east of Wabasha street; the other west of Wabasha street; and that the justices of the peace so elected at said election, shall hold their respective offices for two years, and until their successors are elected and qualified, and shall severally give bond and qualify as is now provided by chapter 65 of the General Statutes, relating to justices of the peace; and that the justices so to be elected shall supersede all other justices of the peace within said city of Saint Paul, and shall severally have and possess all the jurisdiction and powers, and discharge all the duties required by said General Statutes, and the several acts amendatory thereof, save and except as otherwise specially provided in this act: and provided further, that said justices of the peace shall not have or exercise any criminal jurisdiction, or in any action of forcible entry and detainer whatever. That the fees of such justices of the peace shall not exceed in any one action or garnishee or proceeding the sum of two dollars, which sum shall include the cost of the issuance of one execution. That section twenty-six of said act hereby amended is repealed: provided, however, that all justices of the peace who were in office at the time of the passage of the act to which this is amendatory, and whose terms have since expired, shall forthwith transfer and turn over to the municipal court all dockets, records, files and papers in their custody, and pertaining to the office of justice of the peace; and the said municipal court shall have full power to enforce, by execution or otherwise, all judgments rendered by said justices: and provided further, that the justices of the peace now in office in said city shall, on the expiration of their term of office, transfer and turn over to either of the justices of the peace elected under this act, all their said dockets, records, papers and files pertaining to their said office of justice of the peace; and the said justice to whom said dockets, records, files and papers may be transferred, shall have full jurisdiction to finish and complete all proceedings unfinished and pending at the time of the transfer. (Sp. Laws, 1875, c. 2, § 26, as amended by Sp. Laws, 1876, c. 211, § 10.) *§ 106. Transfers from justices of peace. Where 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. § 27.) *§ 107. Appeals from justices of peace. 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 or court of common pleas; 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. (Id. § 28.) *§ 108. Unlawful detainers. No justice of the peace in said city shall hereafter issue any summons under chapter eighty-four of the General Statutes. (Id. § 29.) MUNICIPAL COURT OF MINNEAPOLIS.* *S 109. Jurisdiction-clerk-seal. There shall be established in the city of Minneapolis, in the county of Hennepin, a municipal court, for the transaction of all business which may lawfully come before it. Said court shall be a court of record, and shall have a clerk and a seal, and shall have jurisdiction to hear, try and determine civil actions at law where the amount in controversy does not exceed five hundred dollars, excepting causes involving title to real estate. It shall also have exclusive jurisdiction to hear all complaints, and conduct all examinations and trials, in criminal cases arising or triable within the city of Minneapolis, heretofore cognizable before a justice of the peace. It shall not have jurisdiction of actions for divorce, nor of any action where the relief asked for in the complaint is purely equitable in its nature. (Sp. Laws 1874, c. 141, § 1, as amended by Sp. Laws 1878, c. 65, § 1.) 22 M. 247. *§ 110. Election of judge-vacancies. The qualified electors of the city of Minneapolis shall, at the general city election to be holden on the first Tuesday in April, in the year eighteen hundred and seventy-four, and on the day of the general city election every third year thereafter, elect a suitable person, with the qualifications hereinafter mentioned, to the office of judge of said municipal court, to be called "municipal judge," who shall hold his office for the term of three years, and until his successor shall be elected and qualified. In case of any vacancy in the office of municipal judge, the governor of the state of Minne sota shall appoint some qualified person to said office until the next annual city election, when a judge shall be elected for a full term of three years. (Id. § 2.) *An act to establish a municipal court in the city of Minneapolis. Approved February 18, 1874 (Sp. Laws 1874, C. 141.) * 111. Qualifications of judge-special judge. The judge of the municipal court shal be a resident of the city of Minneapolis, a person learned in the law, and duly admitted to practice as an attorney in the courts of this state. Before entering upon the duties of his office, he shall take and subscribe an oath as prescribed in the General Statutes for judicial officers, which oath shall be filed in the office of the city clerk of said city. He shall have the general powers of the judges of courts of record, and may administer oaths, take and certify acknowledgments in all cases, and, as a conservator of the peace, shall have all power and authority which is by law vested in justices of the peace or any other judicial officer. There shall be one special judge of said municipal court, whose manner of election, term of office, powers, duties and qualifications shall be the same as those of municipal judges, except as otherwise provided in this act, and his successor shall be elected, and vacancies in his office filled, in like manner. The governor shall immediately appoint some person duly qualified to fill the vacancies in the office of the said special judge, until his successor be elected at the next general city election, and qualified. In case of a press of business in said court, at the request of the municipal judge, or in case of the absence or sickness of the municipal judge, 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 may each have and exercise the powers of the said court. The said special judge shall not act on the trial or examination of any case except as above provided; and such special judge, acting as judge of said court, shall receive compensation from the city at the rate of eight dollars per day. This section shall not incapacitate such special judge from acting as attorney in any case in said court; but when such judge is acting as judge of said court, he shall take no action in such case, save to adjourn the same. (Sp. Laws 1874, c. 141. § 3, as amended by Sp. Laws 1877, c. 178, § 1, and by Sp. Laws 1878, c. 65, § 2.) *S 112. Clerk-appointment and qualifications. There shall be a clerk of said municipal court, who shall be appointed by the judge of said court, with the advice and consent of the city council of the city of Minneapolis; and the judge shall have power to remove said clerk at pleasure, or he may be removed by a twothirds 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 Minneapolis 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 sard 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 city clerk of said city. (Id. § 4.) § 113. 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 nor injunction. 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 any police officer of the city of Minneapolis, or to the sheriff, or any constable of said county. (Sp. Laws 1874, c. 141, § 5.) *$114. Place of holding court-judge as criminal magistrate. The municipal court shall be held in the city of Minneapolis, at some suitable place to be provided therefor by the city council. Its judge shall be the 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 violations of the criminal laws of this state, committed within the county of Hennepin, 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. § 6.) *§ 115. Powers and duties of clerk-deputy. 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 at all trials, unless absent from sickness, or with the consent of the judge; and in case of his absence, the judge may appoint some person temporarily in his place. He may swear all witnesses and jurors, and administer all oaths and affirmations, 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. 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 of 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 Monday of every month, deliver over to the city treasurer of the city of Minneapolis all moneys so received, with detailed accounts thereof, and take his receipt therefor. The clerk of said municipal court may, when authorized so to do by the city council of the city of Minneapolis, if in their discretion they deem the appointment necessary, with the sanction of the judge of said court, appoint a deputy clerk of said municipal court, for whose acts the said clerk of said court shall be responsible; and said deputy shall be appointed under the hand of said clerk and seal of said court, with the sanction of the judge, endorsed on the back of such appointment; and before any deputy clerk of said court shall enter upon the duties of his office, he shall take and subscribe the same oath prescribed and required to be taken by the clerk of said court, and execute a bond to be approved by said clerk, which oath, together with the appointment of such deputy clerk, and such bond, shall be filed in the office of the city clerk of said city of Minneapolis; and the clerk of said court, or the judge thereof, may at any time remove any deputy appointed under the provisions of this act. The deputy clerk appointed under the provisions of this act. shall receive a salary of six hundred dollars per year, payable from the city treasury of said city of Minne apolis, in quarterly instalments. The deputy appointed under the provisions of this act may administer oaths, take acknowledgments, and perform all the duties pertaining to the office of clerk of said municipal court. (Sp. Laws 1874, c. 141, §7, as amended by Sp. Laws 1875, c. 4, § 1.) * 116. Terms-summons and service-return-pleadings, etc.-costs and security therefor. The municipal court shall hold regular terms for the trial of civil actions, on the first and third Tuesday 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 to be issued by the clerk. The form of the summons may be as follows: State of Minnesota, County of Hennepin, S SS. City of Minneapolis, .if...... State of Minnesota to any police officer of the city of Minneapolis, or to the sheriff or any constable of said county: You are hereby commanded to summon.... shall be found within the county of Hennepin, to be and appear before the municipal court of the city of Minneapolis, at a term thereof to be holden on A. D. 18...., at the opening whose complaint the ....... day of... of the court, and answer to..... is on file 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 ...day of per cent. per annum. ..... cents, and interest thereon from and since the [L. S.] Witness the Honorable day of.. .... A. D. 18.... ..., at the rate of ...... Clerk of 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. The manner of service shall be the same as that required by law for the service of summons in courts of justices of the peace in this state; and a summons issued out of said municipal court may be served by publication in like manner as provided in section twelve and thirteen of title two of chapter sixty-five of the General Statutes of 1866 of this state, relating to service of summons by publication. No summons shall issue until the complaint in the action shall be 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 shall be reduced to writing, and filed with the clerk, and each of such pleadings shall be verified by the party or his agent or attorney, either as in courts of justices of the peace, or in the district courts of the state. Either party may demur to any pleading of his adversary, as in the district court; but all pleadings of this court shall be construed liberally, and merely technical objections shall be disregarded. And the court may, for good cause, in its discretion and on such terms as it may deem equitable, open any default |