The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1909-04-30

Ienudnl, requiring MIN TO answer the
complaint and serve copy of his answer
TO the person whose name is subscribed
to the summons, at place within the
state therein specified in which there is
a postottice, within ten (1O) days after
the service of summons. exclusive Of the
day of service.
The notice to be contained in the sum-
mons, the manner of service of the sum-
mons, pleadings. notices and appearances
shaH be the same as that required by
law in the district court of the state and
the provisions of chapter seventy-seven
CD, Revised Laws 1905, so far as the
same may be applicable and not incon-
sistent with the provisions of this act.
shall apply to said municipal court, and
all officers acting by aSthorty t thereof
elusive, and section 4319 to 1925. lnclu-
sive, Revised Laws 1905, shall not so
apply; and except that the time for de-
in said court.
No police officer of said city shall
serve, or attempt to serve, any summons,
process, or paper in any civil action IN
said court, unless the complaint in such
action shall have been previously filed
with the clerk of said court, and in any
case wherein such complaint is so filed
said clerk shall. when requested SO TO
do. note or endorse the fact of such fl
ing upon the back of said summons ar
process. And whenever any such process,
shall have been delivered to any police
officer for service he shall, as soon as
practicable thereafter, make proper re-
turn to said clerk whether said summons,
or not, and If not served. the reason
therefor. And after the issuing of exc
cution against the property of any judg-
ment debtor, any person indebted to such
judgment debtor may pay the amount
of such debt, or so much thereof as may
satisfy such execution, to the officer
of such officer reciting the facts shall
be a sufficient discharge and satisfaction
Of so much Of said debt as is so paid
over to such officer.
The pieadings in civil actions in said
court shall be the same as in the district
courts of the state, subject to such mod
ifcations as the court may by rule pre-
scribe.
Said court shall also have authority to
provide by rule that the plaintiff or NOV
ing party in any civil action or proceed
post Of money with the clerk, give sc.
curity for costs in such sums as the court
may designate by said rule, before any
summons or other process shall issue in
Costs are allowed the prevailing party
in actions commenced in said municipal
court as follows:
To the plaintiff, upon a Judgment in
when the amount thereof. or value OF
personal property recovered, exclusive OF
costs and disbursements, exceeds fifty
$3.50 dollars, and is less than one hun
dred ($1O0) dollars, five ($5 dollars.
To the defendant, when Judgment is
rendered in his favor upon the merits
the amount claimed in the complaint, OF
value Of personal property in replevins is
less than one hundred ($1OO dollars, FIVE
$50 dollars. ,
70 the plaintiff. upon Judgment in
his favor of one hundred (S1OO dollars
or more, or in actions Of replevin when
the value Of the property Is one hun
Of fact or law is Joined, five (S5) dollars
when an issue is Joined, ten (S1O) dollars
To the defendant, when the amount
claimed in the complaint Is one hundred
(s100) dollars, or more. upon discontin-
uance or dismissal. five (S5) dollars: when
judgment is rendered in his favor upon
the merits. ten ($10) dollars.
and allowed in the first dsp instance
by the clerk upon two (2l days notice by
either party. and inserted in the entry OF
t be siatea In eta and veTed By a
davits. which shall he filed.
The party objecting to any item shall
specify in writing the ground Of objec-
shall be certified by the clerk and the
appeal shall be heard and determined
upon the objections so certified. and none
other.
Sec. 4. That section thirteen Q3) OF
said chapter thirty-four (sD, be amended
to read as follows:
Sec. 10. Trial by jury in the municipal
COuTL SIldll III dlI ISSpcCCS OC COliuuClCN
as in the district courts of said state,
and all laws Of a general nature ap-
plicable to jury trials in said district
courts shall apply to said municipal court
The judges of said municipal court, or
a majority thereof, shall. upon the Sec
ond .(2ndj Monday of each. and every
month. excepting the months of June
and July of each year, at the court house
in said city, select from the legal voters
Of said city fifty-two (52l persons properly
qualified to serve as petit Jurors for the
certify separate list thereof and forth
with deliver such list to the clerk OF said
municipal court, and from said list OF
persons all jurors required for the trans
action of business in said municipal court
shall be drawn.
Of said fifty-two (52) persons, twenty
six (26 shall be forthwith summoned to
nesday Of the next term, and twenty-six
(28) shall forthwith be summoned to at
tend on said court on the third Wednes-
such Jurors until excused by the court;
provided that if in any month such Sc
lection and list shall not be made at the
be done thereafter. provided further
that the validity or legality of such Sc
lection or list shall not be affected by the
fact that any person or persons so Sc
lected may be disqualified from serving
as petit jurors, or by the selection Of a
greater or less number of persons than
as specified in this act
Out Of the jurors so drawn and sum-
moned, jurors shall be selected, wnen
required, in the same manner as in the
district courts of the state. Whenever a
Jury Is required in criminal case. II
shall be selected from a panel so drawn;
provided, however, that no juror shall
be required to attend as such more thep
one term in any one year. If any per
son duly drawn and summoned to at
tend as juror in said court neglects Ite
so attend, without sufficient excuse, he
shall pay fine not exceeding thirty
dollars $500, which shall be imposed It,S oy
fine Is paid, not exceeding thirty (SO)
Whenever deemed necessary said cour,
shall have power to issue special
And jurors so summoned and attending
as aforesaid in said municipal court shall
be entitled to like compensation, as Jurors
and shall be paid out of the count
treasury Of said county Of Hennepin. The
clerk Of said municipal court shall de-
number Of days attendance and service
and miles travelled for which he is en-
titled to receive compensation. This
certificate of the clerk for. service rem
court shall be filed with the county audi
tor who shall issue his warrant on the
treasurer of the county, for the amount
due. which certificate shall be a proper
and sufficient voucher for the issuance
of such warrant.
And the party demanding jury in any
civil action shall be required to advance
and pay to the clerk of said court on the
first day Of the term at which such az
ton is set for trial jury fee Of three
(S3) dollars, and unless such jury is de-
manded, and such fee paid. upon the call
ing of the calendar upon the first day OF
the term at which the same is set for
trial, 1t shall be considered to be. and
the same shall be, waived and said action
tried by the court.
Any Juror who has been regularly sum-
moned to attend in said court, and who
sbou ootraIJv attend said court ar the