St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-01-16
new ST. PAUL court
A Bill introduced by Repre-
sentative Williams in the
House,
Which Entirely Remedies the
Present Municipal Court 4.
of the City.
O.
r.
Two Judges Who Are to
Hold Court at All
a.
Times. u
~
HI.@a -. H. I,xvs~Is4 $s Nvo
A Change in the Jurisdiction
and Procedure Now ~
in Use.


is the most sweeping measure intro
duced yet into the legislature. 1t is the
product of Judges Schoonmaker and
Cory and Attorneys Palmer, Richard
son and w. p. Warner, and is designed
to completely change the character OF
the present municipal court. The meas
ure is of great Importance to the bar OF
Ramsey county, and for that reason is
presented in full by the GLOBE this
morning:
An Act to continue and establish the NUM-
cipal Court, in the city of st. Paul, in the
County Of Ramsey and State of Minnesota.
Be it enacted by the Legislature OF the
State of Minnesota:
COURT Observation-Disclosures
Section l. There is hereby established and
continued in the city of St. Paul, in the
municipal court, for the transaction of all
business which may lawfully come before it,
to be held in the city of st. Paul. at some
suitable place. to be provided therefor by the
common council of said city
Said court shall be court of record. and
shall have a clerk and seal, and the Jurls-
diction of said court shall be co-extens1ve
with the limits of said Ramsey county, ex-
cept as is hereinafter provided.
CIVIL JURISDICTION.
Said court shall have Jurisdiction to hear,
try and determine civil actions and proceed
lngs as follows:
First-Of an action arising on contract for
the recovery of money only, II the sum
claimed does not exceed $10O.
Second-Of an action for damages Tor an
injury to the person. or to real property or
for taking. OBTAINING or injuring personal
property, if the damages claimed or, IN re-
plevin, the value of the property III contro-
versy, does not exceed $500.
Third-Of all action for penalty given by
statute not exceeding $780, :.
Fourth-Of an action upon bond, condl-
toned for the payment OF money, not ex-
ceeding $500, though the penalty exceeds
that sum. the judgment to be given for the
sum actually due When the payments are
to be made by installments an action may be
brought for each installment as 1t becomes
due.
Fifth-Of an action upon an official bond,
or bond taken in said court, it the penalty
does not exceed $500.
Sixth-To take and enter judgment on the
confession Of a defendant when the amount
does not exceed $500.
Seventh-To hear and determine all ques-
tions that may arise in actions before 1t.
brought under chapter 81 OF the General
Statutes of 1873 and the amendments there.
to- relating to forcible entries and unlawful
detainers, whether involving the title to real
estate or otherwise.
Eighth-Of an action for false imprison-
ment, libel, SANDER, malicious prosecution,
criminal conversation, seduction or promise
to marry, if the damages claimed do not ex-
coed $500.
Misunderstanding supplementary to the
execution, under title "a of chapter to OF
the General Statutes of 1878, may be insti-
tuted conducted and determined in this
court upon a judgment rendered therein, in
like manner as in the district court.
Tenth-Said court shall also have all the
powers and Jurisdiction conferred by law
upon justices of the peace in this state.
CRIMINAL JURISDICTION.
F1rst--To hear all complaints and conduct
all examinations and trials in criminal cases
arising or triable within the county OF Ram
sey and cognizable before justice OF the
peace, or arising under the charter. ordi-
nances, laws, regulations or bylaws OF SAID
city of ST. Paul. ID
Seeond-To hear and determine all cases
of crimes committed within said county OF
Ramsey when the maximum punlsnment
prescribed by law does not exceed five years
Imprisonment or fine not exceeding 81 900.
Sec g. Writs of attachment may be di-
rected to the proper officer in any. county In
the state, for the purpose OF causing an at
tachment of property therein.
Sec. 2. Garnishment process issued in an
action pending in said court may be run
into and served on the garnishee in any
county in the state.
Sec d. The jurisdiction of said court,
however. shall not extend to civil action
First-In cause involving the title to real
estate save and except III an action brought
under chapter eghty-tour of the General
Statutes of 1878 and the amendments thereto.
of any action where the relief demanded in
the complaint is equitable in its nature.
Third-Nor in an action against an eXecu-
tor or administrator as such.
POWERS.
Sec. 5. Said court shall have full power
and authority to issue all process, civil and
criminal. necessary or proper to carry into
effect the jurisdiction given 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 COM
mon law, subject to the notifications of the
statutes Of this state applicable to
courts Of Tec4gd And S. said o court
over cases within its jurisdiction which are
possessed by district courts of this state over
cases within their jurisdiction; and all laws
| of a general nature shall apply to said munIc-
ipal court SO far as the same are applicable
and not inconsistent with the provisions of
| this act Provided. that said municipal court
| shall not have power to issue write of habeas
| corpus quo warranto. ne eXeat, mandamus,
| prohibition or injunction.
Sec. 6. There shall be a judge of the mu
| nicipaI court. On associate judge and two
special judges. The present judge of said
| court shall continue in office during the term
| for which he has been elected and until the
| first Tuesday in June, A. D. 1890.
The governor of the state of Minnesota
| shall forthwith appoint the associate judge
| herein provided for and he shall hold his
office until the first Tuesday in June, 4. D.
| 1890. At the ensuing city election to be
| held on the first Tuesday in May, A. D. 1890,
| successors shall be elected to the judge and
associate Judge of this court.
The present special judges of the munich
| pal court shall continue to be the special
| Judges of this court during the terms for
which they have been elected and until their
successors are elected and qualified.
TERM OF OFFICE.
Sec T. The term OF Office OF said Judge,
SAID associate Judge and said special judges
| shall be six wears, and until their successors
are elected and qualified. ~
| vACANCIEs--How FILLED.
Sec. 8. In case of any vacancy occurring
| in the Office of the municipal judge OF
| associate Judge or or special judge, the gov
| ernor of the state of Minnesota shall APP
| point to fill the vacancy some person duly
| qualified. who shall hold his Office until his
| successor is elected and qualified.
At the next city election occurring more
| than thirty days after vacancy in either of
| SAID offices shall have happened Judge, as
soeiate judge or special judge of said court,
| elected to fill the unexpired term and until
! his successor is elected and qualified. 80
In case the said vacancy shall have oc.
| Cured within a period of thirty DAYS before
| the general city election, then the said judge
| shall be elected at the next general city elee-
| ton in the year following that in which the
| vacancy shall have happened for the said
| full unexpired term and until his successor
| is elected and qualified. -
| QUALIFICATION OF JUDGE.
| Sec. 8. Every judge of said court shall be
| resident of the city st. Paul. a person
| learned in the law and 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 fled in
| The Office of the city clerk of said city.
| TOWERS OF JUDGE.
! Sec. 10. Each judge of said municipal
| court shall have the general powers of judges
! of courts of record, and may administer
| oaths, take and certify Acknowledgements in
| all cases, and as CONSERVATION of the peace
shall have all power ard authority