St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-01-16
suit had been originally commenced in said 4
district court, and the costs shall abide the
pypnt M, the emit

Seo.t29l Proceedings by attachment. re-
pleVln, or punishment in said court shall be
conducted as in the district courts Of this
state; provided, that the bonds required in
such proceedings shall be executed with suf-
fcient sureties and be in double the amount
claimed in attachment, and not less than the
sum OF $3.50, or in double the value of the
property claimed in replevin, and all bonds
required or allowed in such proceedings
Shall be approved by one of the Judges of said
court. And provided further,
That in garnlshment proceedings the affi-
davit required shall be the same as in justices
courts and no judgment shall be rendered
against gafnishee where the Judgment
against the defendant is less than $40, ex-
elusive of costs nor where the Indebtedness
OF the garnishee to the defendant or the
value of the property, money or effects of the
defendant, in the hands or under the control
OF the garnishee, as proved, is less than $40.
DISPOSITIONS.
Sec. 80. Dispositions may be taken and
used III said court in like manner as in the
district courts of this state.
TENDERS.
sec. 81. Tenders of money may be pleaded
and made in said court in like manner and
with like effect as in the district courts Of
this state.
CONFESSION OF JUDGMENT.
sec. 81. Judgment may be confessed, filed
and entered in said court in like manner as
IN the district courts of this state.
STAY OF EXECUTION.
sec. %. Execution upon any Judgment
rendered for the recovery of money only in
this court may be stayed in like manner and
with like effect, as in the district courts of
this state.
APPEALS FROM JUSTICE COURTS.
See. 81. All appeals from judgments of
justices OF the peace in the city of St. Paul
shall be taken to this court, and this court
shall have the same powers in such cases
now possessed by the district courts of this
c n Ill l. IL
the district court are made applicable to this
court. Provided, however, that the appellant
shall cause such appeal to be entered in this
court and placed upon the calendar for trial
at term occurring not more than thirty days
from the time of the allowance of such an
peal.
And, provided further. that the appellant
shall cause to be served OIL the respondent or
his attorney notice of trial at least three
days before the term at which said appeal is
to be heard. And, provided further, that if
the appellant fails or neglects to enter the
appeal as aforesaid, the respondent may en-
ter the same at the next or any succeeding
term of said court, and have the judgment of
the court below affirmed. with interest and
costs.
SECOND TRIAL-UNDER CHAP. 81, GENERAL
STATUTES. 1873.
See. 30. Whenever the title to the real
estate for the possession of which the action
is brought under chapter 81 of the General
Statutes OF 1873 is involved and determined
in this court. the person aggrieved there
by may, after written notice of the
Judgment entered in such action, apply to
the court and have Said cause transferred to
the district court for the county of Ramsey,
upon complying with the following requi-
sites:
First-He shall deposit with the clerk of
this court, for the use of the person entitled
thereto the amount of the costs and dis
bursements included in said judgment.
Second-Within twenty-four hours after
notice Of such judgment he shall serve upon
the adverse party notice in writing of at
least three days, stating that he will apply to
the court at the next regular term thereof, Oc-
curing not less than four days after such
judgment is entered, naming such term, for
an order of the court certifying said cause to
the district court of the county of Ramsey
for second trial, and that he will then ap-
ply to the court to fix the amount of the bond
hereinafter provided for. and that he will
then propose the names Of Gnsert names) as
sureties in such bond.
Third-The amount Of the bond having
been fixed by the court and the proposed
sureties approved, such bond, conditioned
that the party aggrieyed will pay the costs of
such second trial and abide the order the
court may make therein. and pay all rents
issues, profits and damages justly accruing to
the adverse party during the tendency of
the action, shall be filed with the clerk of
this court within FIVE days thereafter.
COURT TO MAKE ORDER.
Sec. Sc. Upon the filing of such bond the
court shall make an order directing that the
cause be certified to the district court for a
second trial therein.
CAUSE TO BE CERTIFIED.
Sec. 81. The clerk of this court shall
within ten days after the filing of such order
certify the cause and all papers of record
all proceedings in said action shall be had
and conducted in said district court.
JUDGMENT-sTAY.
Sec. 3S. Upon filing the notice provided
for in section &c. subdivision 2, together
with proof of service upon the adverse party,
all proceedings i'll the action shall be stayed
in this court until the further order of the
court.
Sec. SO. All process shall be tested in the
name of the judge, and issued under the seal
of the court, and signed by the clerk, and di-
rected for service to the chief of police or
any police officer in the city of st. Paul, or to
the sheriff or any constable of the county. of
Ramsey. 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 at any time. In the alb
sence of such prescribed forms, the forms of
process i'll use in district courts in this state
may be changed and adapted to the style of
the court and used at the discretion of the
court
CRIMINAL PROCEEDINGs-How CONDUCTED.
Sec. 10 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 be reduced to
writing by the judge or clerk, and sworn to
by the complainant, whether the offense
charged be in violation of the Grim
inal laws Of the state, or of the ordi-
said city Complaints, warrants and
other process in criminal cases may follow
substantially the forms heretofore in use by
justices of the peace. with such alterations as
mary be convenient to adapt the same to the
style of this court or may be in such other
form as the court may prescribe. sanction or
approve.
In cases where alleged offenders shall be i'll
custody and be brought before the court, or
the clerk, without process the clerk shall
enter upon the records of the court brief
statement of the offense with which the
offender is charged, which statement shall
stand in place of 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 q failure to
plead, the clerk shall enter plea of not
guilty. and a former acquittal or conviction
for the same offense may be. proved under
the plea of not guilty with like effect as if
formally pleaded. In the examination of
offenders charged with indictable offenses,
such minutes of the examination shall be
kept as the court may direct and be properly
returned to the court before which the party
charged with the offense may be bound to
appear.
TRIAL FOR INDICTMENTS.
Sec. Al. The grand jury of the county Of
Ramsey, on motion of the county attorney of
said county, may certify for trial in this
court any or all indictments found by said
jury, when the max mum penalty prescribed
by law does not exceed five years imprison-
ment, or a fine not exceeding $1,000, or
both.
INDICTMENTs-How TRIED.
Sec. a. The trial of all indictments shall
proceed in this court in like manner and with
like effect as in the district courts of this state
save that only such peremptory challenges to
Jurors shall be allowed to either party in the
trial of any Indictment as are provided for in
this act.
COSTS.
Sec 49, Costs are allowed to the prevail
inn nnrtu in actions commanded in said