Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 359--S.F.No. 708
An act relating to the court system; removing obsolete
references to justice of the peace and magistrate;
establishing a court study commission; amending
Minnesota Statutes 1982, sections 72A.12, subdivision
5; 72A.30; 88.645; 97.50, subdivisions 1 and 7;
115.32, subdivision 3; 127.09; 127.17, subdivision 4;
144.12, subdivision 1; 168.46; 169.42, subdivision 5;
169.91; 169.95; 169.965, subdivision 3; 169.966,
subdivision 3; 169.971, subdivision 4; 171.08; 171.16,
subdivision 1; 181.09; 181.17; 219.32; 219.97,
subdivision 13; 290.58; 297A.42, subdivision 2;
299F.40, subdivision 5; 340.85, subdivision 2; 340.91;
345.02; 345.03; 345.04; 345.05; 345.06; 345.14;
346.03; 346.04; 346.09, subdivision 1; 347.04; 347.05;
347.06; 357.12; 357.16; 357.22; 357.27; 357.29;
358.15; 359.061; 359.11; 361.27, subdivision 2;
365.52; 366.20; 367.11; 367.25, subdivision 1; 368.01,
subdivision 20; 373.09; 375.24; 390.15; 390.20;
390.31, subdivision 2; 390.33, subdivisions 2 and 6;
395.23; 412.02, subdivision 1; 412.021, subdivision 2;
412.023, subdivision 5; 412.111; 412.861, subdivision
3; 473.608, subdivision 17; 485.07; 488A.021,
subdivision 4; 488A.09, subdivision 7; 488A.19,
subdivision 5; 490.18; 509.04; 514.29; 514.34; 542.05;
549.03; 550.17; 571.50; 571.58; 571.65; 574.20;
574.35; 588.01, subdivision 3; 588.02; 593.21; 609.27,
subdivision 1; 609.415, subdivision 1; 609.66,
subdivision 1; 611.07, subdivision 1; 611.17; 617.27;
624.62; 625.01; 625.02; 625.03; 625.04; 625.05;
625.06; 625.07; 625.08; 625.09; 625.10; 625.11;
625.12; 625.13; 625.14; 625.15; 625.17; 625.18;
626.04; 626.05, subdivision 1; 626.06; 626.09; 626.11;
626.14; 626.15; 626.17; 626.66; 629.03; 629.13;
629.14; 629.15; 629.16; 629.17; 629.18; 629.23,
subdivision 3; 629.31; 629.36; 629.363; 629.364;
629.39; 629.401; 629.403; 629.41; 629.44; 629.45;
629.53; 629.54; 629.55; 629.60; 629.62; 630.17;
630.37; 631.04; 636.08; 641.07; 641.25; and 648.39,
subdivision 3; repealing Minnesota Statutes 1982,
sections 357.14; 357.15; 367.03, subdivision 4; 367.21;
388.02; 412.02, subdivision 5; 412.171; 487.01,
subdivision 8; 488A.283; 488A.284; 492.02, subdivision
2; 542.15; 549.16; 599.21; 599.22; 599.23; 609.46;
629.56; 629.66; and 629.71.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1982, section 72A.12,
subdivision 5, is amended to read:
Subd. 5. [POLITICAL CONTRIBUTIONS PROHIBITED.] No
insurance company or association, including fraternal
beneficiary associations, doing business in this state, shall,
directly or indirectly, pay or use, or offer, consent or agree
to pay or use, any money or property for or in aid of any
political party, committee or organization, or for or in aid of
any corporation, joint stock or other association organized or
maintained for political purposes, or for or in aid of any
candidate for political office, or for nomination for such the
office, or for any other political purpose whatsoever, or for
reimbursement or indemnification of any person for money or
property so used for political purposes. Any officer, director,
stockholder, attorney or agent of any corporation or association
which violates any of the provisions of this section, who
participates in, aids, abets, or advises or consents to any such
violation, and any person who solicits or knowingly receives any
money or property in violation of this section, shall be is
guilty of a gross misdemeanor, and. Any officer aiding or
abetting in any contribution made in violation of this section
shall be is liable to the company or association for the amount
so contributed. No person shall be excused from attending and
testifying, or producing any books, papers or other documents
before any court or magistrate, upon any investigation,
proceeding or trial, for a violation of any of the provisions of
this section, upon the ground, or for the reason, that the
testimony or evidence, documentary or otherwise, required of him
may tend to incriminate or degrade him; but. No person shall be
prosecuted or subjected to any penalty or forfeiture for or on
account of any transaction, matter or thing concerning which he
may so testify or produce evidence, documentary or otherwise,
and no testimony so given or produced shall be used against him
upon any criminal investigation or proceeding.
Sec. 2. Minnesota Statutes 1982, section 72A.30, is
amended to read:
72A.30 [EVIDENTIAL PRIVILEGE DENIED; IMMUNITY; WAIVER.]
If any A person shall ask who asks to be excused from
attending and testifying or from producing any books, papers,
records, correspondence, or other documents at any hearing on
the ground that the testimony or evidence required of him may
tend to incriminate him or subject him to a penalty or
forfeiture, and shall notwithstanding be who is nevertheless
directed to give such the testimony or produce such the
evidence, he must nonetheless shall comply with such the
direction, but. However, he shall not thereafter subsequently
be prosecuted or subjected to any penalty or forfeiture for or
on account because of any transaction, matter, or thing
concerning about which he may testify or produce testified or
produced evidence pursuant thereto, and no testimony so given or
evidence produced shall be received against him upon any
criminal action, investigation, or proceeding; provided,
however, that. No such individual so person testifying shall
be is exempt from prosecution or punishment for any perjury
committed by him while so testifying, and the testimony or
evidence so given or produced shall be admissible against him
upon any criminal action, investigation, or proceeding
concerning such the perjury, nor shall he be. The person is not
exempt from the refusal, revocation, or suspension of any
license, permission, or authority conferred, or to be conferred,
pursuant to the insurance law of this state. Any such
An individual may execute, acknowledge, and file in the
office of the commissioner a statement expressly waiving such
immunity or privilege in respect to any transaction, matter, or
thing specified in the statement, and thereupon the testimony of
that person or any evidence in relation to that transaction,
matter, or thing it may be received or produced before any judge
or justice, court, tribunal, grand jury, or otherwise, and, if
so. When it is received or produced, that individual shall is
not be entitled to any immunity or privilege on account of any
testimony he may so give given or evidence so produced by that
individual.
Sec. 3. Minnesota Statutes 1982, section 88.645, is
amended to read:
88.645 [ENFORCEMENT.]
Subdivision 1. [SEARCH WARRANTS.] Any court or magistrate
having authority to issue warrants in criminal cases may issue a
search warrant, in the manner provided by law for issuing search
warrants for stolen property, to search for and seize any trees
alleged upon sufficient grounds to have been affected by or
involved in any offense under sections 88.641 to 88.647. The
warrant may be directed to and executed by any officer
authorized to make arrests and seizures by sections 88.641 to
88.647.
Subd. 2. [COMPLAINT.] Any officer having knowledge of any
offense under sections 88.641 to 88.647 shall forthwith make
complaint against the offender before a court or magistrate
having jurisdiction of the offense and request the court or
magistrate to issue a warrant of arrest in such the case.
Sec. 4. Minnesota Statutes 1982, section 97.50,
subdivision 1, is amended to read:
Subdivision 1. [POWERS.] The commissioner, director, game
refuge patrolmen, and conservation officers are hereby
authorized and empowered to:
(1) to execute and serve all warrants and processes issued
by any justice of the peace or magistrate or by any court having
jurisdiction under any law relating to wild animals, wild rice,
use of water, conservation, protection or control of public
waters, state-owned dams or other works affecting public waters
or water pollution, in the same manner as any a constable or
sheriff may do so, and to;
(2) arrest, without a warrant, any person detected in the
actual violation of any provisions of chapters 84, 97 to 102,
105 and 106, and section 609.68, and acts amendatory thereof,;
and to
(3) take such the person before any court in the county in
which the offense was committed and make proper complaint.
When a person who is arrested for any violation of the
provisions of the above named chapters law listed in clause (2),
which is punishable as a misdemeanor, and is not taken into
custody and immediately taken before a court or magistrate, the
arresting officer shall prepare, in quadruplicate, written
notice to appear before a court or magistrate. This notice has
the effect of, and serves as, a summons and complaint. The
notice shall be in the form and has the effect of a summons and
complaint and. It shall contain the name and address of the
person arrested, the offense charged, and the time and the place
he is to appear before the court or magistrate. This place must
be before a court or magistrate who which has jurisdiction
within the county in which the offense charged is alleged to
have been committed.
In order to secure release, without being taken into
custody and immediately taken before the court or magistrate,
the arrested person must give his written promise so to appear
before the court or magistrate by signing, in quadruplicate, the
written notice prepared by the arresting officer. The officer
shall retain the original of the notice and deliver the copy
thereof marked "SUMMONS" to the person arrested. Thereupon The
officer shall then release the person from custody.
On or before the return day, the officer shall make a
return thereof the notice or summons to the court or magistrate
before whom the notice or summons it is returnable. If the
person so summoned fails to appear on the return day, the court
or magistrate shall issue a warrant for his arrest, and. Upon
his or her arrest, proceedings shall be had as in other cases.
Sec. 5. Minnesota Statutes 1982, section 97.50,
subdivision 7, is amended to read:
Subd. 7. [SEARCH WARRANT.] Upon complaint made to any
magistrate judge, who has authority to issue warrants in
criminal cases, by any person that he knows or has good reason
to believe that any wild animal taken, bought, sold, transported
or possessed contrary to the provisions of chapters 97 to 102,
or any article declared contraband therein, is concealed or
illegally kept in any home, building or other receptacle place,
not otherwise authorized herein to be entered, inspected and
searched, such magistrate the judge shall issue a search warrant
and cause a search to be made of such the place, and may cause
any such home, building or other receptacle to. He may direct
that the place be entered, broken open, and examined. Property
seized under such the warrant shall be safely kept under the
direction of the court or magistrate so long as necessary for
the purpose of being used as evidence on any trial, and
thereafter subsequently disposed of as otherwise provided.
Sec. 6. Minnesota Statutes 1982, section 115.32,
subdivision 3, is amended to read:
Subd. 3. [ARREST; PROSECUTION.] Violations of district
ordinances may be prosecuted before any court or magistrate of
any related governmental subdivision having jurisdiction of
misdemeanors, and every such court or magistrate shall have
jurisdiction of such violations. Any constable or other peace
officer of any such governmental subdivision may make arrests
for such violations committed anywhere within the district in
like the same manner and with like effect as for violations of
statutory city ordinances or for statutory misdemeanors.
All fines collected in such cases shall be deposited in the
treasury of the district.
Sec. 7. Minnesota Statutes 1982, section 127.09, is
amended to read:
127.09 [REFUSING TO SERVE ON SCHOOL BOARD.]
Any person accepting an who accepts election or appointment
upon to any school board and refusing who refuses or
neglecting neglects to qualify or to serve or to perform any of
the duties of the office, shall forfeit be fined $10 for each
offense the sum of $10 to. The fine shall be collected in an
action before a justice of the peace, to county or municipal
court. It may be prosecuted in the name of the district by any
school board member of the district or by any eligible voter, as
defined in section 123.32, subdivision 1a, of the district.
Sec. 8. Minnesota Statutes 1982, section 127.17,
subdivision 4, is amended to read:
Subd. 4. ["RUSHING" OR SOLICITING FORBIDDEN.] It is hereby
made a misdemeanor for any person, not a pupil of such the
schools, to be upon the school grounds, or to enter any school
building, for the purpose of "rushing" or soliciting, while
there, any pupil of such the schools to join any fraternity,
society, or association organized outside of the schools. All
Municipal and county courts and justice courts in this state
shall have jurisdiction of all offenses committed under this
subdivision and. All persons found guilty of such offenses
shall be fined not less than $2, nor more than $10, to be paid
to the city treasurer, when such schools are situated inside of
the corporate limits of any city, and to the county treasurer,
when situated outside of the corporate limits of any city, or,
upon failure to pay such the fine, to be imprisoned for not more
than ten days.
Sec. 9. Minnesota Statutes 1982, section 144.12,
subdivision 1, is amended to read:
Subdivision 1. [RULES.] The commissioner may adopt, alter,
and enforce reasonable regulations of permanent application
throughout the whole or any portion of the state, or for
specified periods in parts thereof, rules pursuant to chapter 14
for the preservation of the public health. Upon the approval of
the attorney general and the due publication thereof, such
regulations shall have the force of law, except insofar as they
may The rules shall not conflict with a statute or with the
charter or ordinance of a city of the first class upon the same
subject. The commissioner may control, by adoption of
regulations rule, by requiring the taking out of licenses or
permits, or by other appropriate means, any of the following
matters:
(1) The manufacture into articles of commerce, other than
food, of diseased, tainted, or decayed animal or vegetable
matter;
(2) The business of scavengering and the disposal of sewage;
(3) The location of mortuaries and cemeteries and the
removal and burial of the dead;
(4) The management of lying-in houses and boarding places
for infants and the treatment of infants therein in them;
(5) The pollution of streams and other waters and the
distribution of water by persons for drinking or domestic use;
(6) The construction and equipment, in respect to sanitary
conditions, of schools, hospitals, almshouses, prisons, and
other public institutions, and of lodging houses and other
public sleeping places kept for gain;
(7) The treatment, in hospitals and elsewhere, of persons
suffering from communicable diseases, including all manner of
venereal disease and infection, the disinfection and quarantine
of persons and places in case of such disease those diseases,
and the reporting of sicknesses and deaths therefrom from them;
Provided, that Neither the commissioner nor any local board
of health nor director of public health shall have authority to
make or may adopt any rule or regulation for the treatment in
any penal or correctional institution of any person suffering
from any such communicable disease or venereal disease or
infection, which rule or regulation requires the involuntary
detention therein of any person after the expiration of his
period of sentence to such the penal or correctional
institution, or after the expiration of the period to which the
sentence may be reduced by good time allowance or by the lawful
order of any judge or magistrate, or of any parole board the
department of corrections;
(8) The prevention of infant blindness and infection of the
eyes of the newly born by the designation, from time to time, of
one or more prophylactics to be used in such those cases and in
such the manner as that the commissioner may direct directs,
unless specifically objected to by the parents or a parent of
such the infant;
(9) The furnishing of vaccine matter; the assembling,
during epidemics of smallpox, with other persons not vaccinated,
but no rule of the board or of any public board or officer shall
at any time compel the vaccination of a child, or exclude,
except during epidemics of smallpox and when approved by the
local board of education, a child from the public schools for
the reason that such the child has not been vaccinated; any
person thus required to be vaccinated may select for that
purpose any licensed physician and no rule shall require the
vaccination of any child whose physician shall certify certifies
that by reason of his physical condition vaccination would be
dangerous;
(10) The accumulation of filthy and unwholesome matter to
the injury of the public health and the its removal thereof;
(11) The collection, recording, and reporting of vital
statistics by public officers and the furnishing of information
to such officers them by physicians, undertakers, and others of
births, deaths, causes of death, and other pertinent facts;
(12) The construction, equipment, and maintenance, in
respect to sanitary conditions, of lumber camps, migratory or
migrant labor camps, and other industrial camps;
(13) The general sanitation of tourist camps, summer
hotels, and resorts in respect to water supplies, disposal of
sewage, garbage, and other wastes and the prevention and control
of communicable diseases; and, to that end, may prescribe the
respective duties of county and local health officers; and all
county and local boards of health shall make such investigations
and reports and obey such directions as the commissioner may
require or give and, under the supervision of the commissioner,
enforce such the regulations;
(14) Atmospheric pollution which may be injurious or
detrimental to public health;
(15) Sources of radiation, and the handling, storage,
transportation, use and disposal of radioactive isotopes and
fissionable materials; and
(16) The establishment, operation and maintenance of all
clinical laboratories not owned, or functioning as a component
of a licensed hospital. These laboratories shall not include
laboratories owned or operated by five or less licensed
practitioners of the healing arts, unless otherwise provided by
federal law or regulation, and in which these practitioners
perform tests or procedures solely in connection with the
treatment of their patients. Rules promulgated under the
authority of this clause, which shall not take effect until
federal legislation relating to the regulation and improvement
of clinical laboratories has been enacted, may relate at least
to minimum requirements for external and internal quality
control, equipment, facility environment, personnel,
administration and records. These rules may include the
establishment of a fee schedule for clinical laboratory
inspections. The provisions of this clause shall expire 30 days
after the conclusion of any fiscal year in which the federal
government pays for less than 45 percent of the cost of
regulating clinical laboratories.
Sec. 10. Minnesota Statutes 1982, section 168.46, is
amended to read:
168.46 [ARREST; BOND TO APPEAR.]
In case Any person shall be taken into custody because of
any violation of any of the provisions of this chapter, he shall
forthwith be taken before any magistrate or justice of the peace
judge in any city or county, and be is entitled to an immediate
hearing; and,. If such the hearing cannot be had, the person
shall be released on giving his personal undertaking to appear
and answer for such the violation at such a time or place as
shall then be indicated designated, secured (1) by a deposit of
a sum of money not exceeding $25, or in lieu thereof, in case
(2)(a) if the person taken into custody is the owner, by leaving
the motor vehicle, and in case or (b) if the person taken into
custody is not the owner, by leaving the motor vehicle, with a
written consent given at the time by the owner, who must be
present, with such judicial officer the judge.
Sec. 11. Minnesota Statutes 1982, section 169.42,
subdivision 5, is amended to read:
Subd. 5. [PENALTY.] Any person violating the provisions of
this section shall be is guilty of a misdemeanor. The record of
any conviction of or plea of guilty under this section of a
person operating a motor vehicle shall be immediately forwarded
to the department of public safety for inclusion upon that
offender's driving record. Any second or subsequent offense or
offense thereafter under this section shall require a minimum
fine in the amount of $100. Any judge or magistrate may, for
any violation of this section, order the offender to pick up
litter along any public highway or road for four to eight hours
under the direction of the department of transportation, with
the option of a jail sentence being imposed.
Sec. 12. Minnesota Statutes 1982, section 169.91, is
amended to read:
169.91 [ARRESTS.]
Subdivision 1. [PROCEDURE.] When any person is arrested
for any violation of this chapter or any other law or ordinance
relating to the operation or registration of vehicles punishable
as a petty misdemeanor, misdemeanor, gross misdemeanor, or
felony, the arrested person shall be taken into custody and
immediately taken before a magistrate judge within the county in
which the offense charged is alleged to have been committed and
who has jurisdiction of such over the offenses and is nearest or
most accessible with reference to the place where the arrest is
made, in any of the following cases:
(1) When a person arrested demands an immediate appearance
before a magistrate judge;
(2) When a person is arrested and charged with an offense
under this chapter causing or contributing to an accident
resulting in injury or death to any person;
(3) When the person is arrested upon a charge of negligent
homicide;
(4) When the person is arrested upon a charge of driving or
operating or being in actual physical control of any motor
vehicle while under the influence of intoxicating liquor or
drugs;
(5) When the person is arrested upon a charge of failure to
stop in the event of an accident causing death, personal
injuries, or damage to property;
(6) When there is reasonable cause for believing that the
person arrested may leave the state, except as provided in
subdivision 4;
(7) In any other event when the person arrested refused to
give his written promise to appear in court, as hereinafter
provided in subdivision 3.
Subd. 3. [NOTICE TO APPEAR.] When a person is arrested for
any violation of this chapter or any other law or ordinance
relating to motor vehicles, their registration or the their
operation thereof, or the use of the highways, the arresting
officer shall prepare a written notice to appear in court. This
place must be before a magistrate judge within the county in
which the offense charged is alleged to have been committed who
has jurisdiction and is nearest or most accessible with
reference to the place of arrest.
In order to secure release, if the arrested person is
eligible for release, without being taken into custody and
immediately taken before a magistrate judge, as provided in this
section, and acts amendatory thereof, the arrested person must
give his written promise so to appear in court by signing the
written notice prepared by the arresting officer. The officer
shall retain the original of the notice and deliver the copy
thereof marked "SUMMONS" to the person arrested. Thereupon, The
officer shall then release the person arrested from custody.
Subd. 4. [RECIPROCAL AGREEMENTS.] The commissioner of
public safety is hereby empowered to enter into and carry out
reciprocal agreements with duly authorized representatives of
other states, districts, territories and possessions of the
United States and provinces of foreign countries having laws or
compacts authorizing the release of residents of party
jurisdictions upon personal recognizance following arrest for
violation of a law or ordinance relating to the operation of a
motor vehicle.
(a) When a reciprocal agreement is in effect, a law
enforcement officer observing a violation of this chapter or any
other traffic regulation by a resident of a party jurisdiction
shall issue an appropriate citation and shall not, subject to
the provisions of clause (b), require the nonresident to post
bond or collateral to secure appearance for trial but shall
accept the nonresident's personal recognizance, except the
nonresident has the right upon request to post bond or
collateral in a manner provided by law and in that case the
provisions of this subdivision do not apply.
(b) A nonresident shall not be entitled to be released on
his personal recognizance if immediate appearance before a
magistrate judge is required by subdivision 1 or the offense is:
(1) One which, upon conviction, would result in the
revocation of a person's drivers license under the laws of this
state; or
(2) A violation of a highway weight limitation; or
(3) A violation of a law governing transportation of
hazardous materials; or
(4) Driving a motor vehicle without a valid driver's
license.
Sec. 13. Minnesota Statutes 1982, section 169.95, is
amended to read:
169.95 [COURTS TO KEEP SEPARATE RECORDS OF VIOLATIONS.]
Every magistrate or judge of a court not of record, and
every clerk of a court of record, shall keep a full record of
every case in which a person is charged with any a violation of
this chapter or of any other law, or city ordinance, regulating
the operation of vehicles on highways.
Within ten days after the conviction or forfeiture of bail
of a person upon a charge of violating any provisions of this
chapter or other any law, or city ordinance, regulating the
operation of vehicles on highways, every magistrate of the
court, or clerk of the court of record in which such the
conviction was had or bail was forfeited, shall prepare and
immediately forward to the department of public safety an
abstract of the record of the court covering the case in which
the person was so convicted or forfeited bail, which. The
abstract must be certified by the person so required to prepare
the same it to be true and correct.
The abstract must be made upon a form furnished by the
department of public safety, and shall include the name and
address of the party charged, the driver's license number of the
person involved, the nature of the offense, the date of hearing,
the plea, the judgment, or whether bail was forfeited, and the
amount of the fine or forfeiture, as the case may be.
Every court of record shall also forward a like report to
the department of public safety upon reporting the conviction of
any person of manslaughter or other felony in the commission of
which a vehicle was used.
The failure, refusal, or neglect of any such judicial
officer to comply with any of the requirements of this section
shall constitute misconduct in the office and shall be ground
grounds for removal therefrom.
Sec. 14. Minnesota Statutes 1982, section 169.965,
subdivision 3, is amended to read:
Subd. 3. [PROSECUTION.] The prosecution may be before any
county or municipal court or justice of the peace having
jurisdiction over the place where the violation occurs.
Sec. 15. Minnesota Statutes 1982, section 169.966,
subdivision 3, is amended to read:
Subd. 3. [PROSECUTION.] The prosecution may be before any
county or municipal court or justice of the peace having
jurisdiction over the place where the violation occurs.
Sec. 16. Minnesota Statutes 1982, section 169.971,
subdivision 4, is amended to read:
Subd. 4. [COURT.] "Court" means a municipal court, however
organized, and any district court, or county court or justice
court.
Sec. 17. Minnesota Statutes 1982, section 171.08, is
amended to read:
171.08 [LICENSEE TO HAVE LICENSE IN POSSESSION.]
Every licensee shall have his license in his immediate
possession at all times when operating a motor vehicle and shall
display the same, it upon demand of a justice of the peace, a
peace officer, an authorized representative of the department,
or by an officer authorized by law to enforce the laws relating
to the operation of motor vehicles on public streets and
highways; however,. No person charged with violating the
possession requirement shall be convicted if he produces in
court or the office of the arresting officer a driver's license
theretofore previously issued to him for the class of vehicle
which he was driving and which was valid at the time of his
arrest or satisfactory proof that at the time of the arrest he
was validly licensed for the class of vehicle which he was
driving. The licensee shall also, upon request of any such
officer, write his name in the presence of such the officer in
order that to determine the identity of the licensee may be
determined.
Sec. 18. Minnesota Statutes 1982, section 171.16,
subdivision 1, is amended to read:
Subdivision 1. [COURTS TO REPORT TO COMMISSIONER.] Every
court, including district, municipal, and justice of the peace
courts, having jurisdiction over offenses committed under any
law of this state or ordinance of a political subdivision
regulating the operation of motor vehicles, shall forward to the
department, within ten days, a record of the conviction of any
person in the court for a violation of any such laws or
ordinances, except parking violations and except defective
vehicle equipment or vehicle size or weight violations,
committed by a licensed chauffeur while driving a vehicle for
which a chauffeur's license is required.
Sec. 19. Minnesota Statutes 1982, section 181.09, is
amended to read:
181.09 [RECOVERY OF WAGES, COSTS.]
When any public service corporation neglects or refuses to
pay its employees, as prescribed by section 181.08, the wages
may be recovered by action without further demand. There Costs
of $10 shall be allowed to the plaintiff and included in his
judgment, in addition to his disbursements allowed by law, $5
costs if the judgment be recovered in a justice court or in a
municipal court where no statutory costs are now allowed in such
an action, and $10 in any other court or on appeal.
Sec. 20. Minnesota Statutes 1982, section 181.17, is
amended to read:
181.17 [COSTS, PAID BY DEFENDANT.]
In any action by such an employee as is described in
pursuant to sections 181.13 to 181.17 for the recovery of unpaid
wages after the time when such the wages shall have become due,
as provided therein, there shall be allowed to the plaintiff,
and included in any judgment rendered in his favor, in addition
to his disbursements allowed by law, if the judgment be
recovered in a justice court, $5 costs, and a like sum if the
judgment be recovered in municipal court, and such the plaintiff
shall be allowed double statutory costs in any such action in
any court in which statutory costs are now allowed by law in
ordinary actions addition to disbursements allowed by law.
Sec. 21. Minnesota Statutes 1982, section 219.32, is
amended to read:
219.32 [FAILURE TO FENCE; LIABILITY.]
Any railroad company failing to comply with the
requirements of section 219.31 shall be liable for all resulting
damages resulting therefrom, and for all including domestic
animals killed or injured by its negligence; and,. If it fail
fails to pay the actual damages occasioned caused by such the
killing or injury within 30 days after such the damage occurs,
then, in case of recovery therefor by action brought after such
30 days, if in district court, the plaintiff shall recover
double costs, and if in justice court, $10 costs. Such The
company, before the commencement of an action, may make tender
for such the injury, and. If the amount recovered, exclusive of
interest, shall does not exceed the tender, the plaintiff shall
not recover no costs nor or disbursements.
Sec. 22. Minnesota Statutes 1982, section 219.97,
subdivision 13, is amended to read:
Subd. 13. [CIVIL PENALTY.] Upon the complaint of any
person, any company operating a railroad violating any of the
provisions of section 219.93 shall forfeit not less than $20 nor
more than $100 to be recovered in a civil action before any
justice of the peace county or municipal judge of the county in
which such the violation occurs upon the complaint of any person;
. One-half of such the forfeiture to shall go to the
complainant and one-half to the school fund of the county
district where the violation occurs.
Sec. 23. Minnesota Statutes 1982, section 290.58, is
amended to read:
290.58 [EXAMINERS, POWERS OF.]
Such The income tax examiners, whether appointed by the
commissioner or by the legislative auditor, shall have all the
rights and powers with reference to the examining of books,
records, papers, or memoranda, and with reference to the
subpoenaing of witnesses, administering of oaths and
affirmations, and taking of testimony conferred upon the
commissioner by this chapter. The clerk of any court of record,
or any justice of the peace, upon demand of any such examiner,
shall issue a subpoena for the attendance of any witness or the
production of any books, papers, records, or memoranda before
such the examiner. The commissioner may also issue subpoenas
for the appearance of witnesses before him or before such the
examiners. The commissioner may appoint such referees as he
deems necessary to review, singly or as a board of review, the
reports of the income tax examiners and petitions or complaints
of taxpayers, and report thereon on them to the commissioner.
Disobedience of subpoenas issued under this chapter shall be
punished by the district court of the district in which the
subpoena is issued in the same manner as for a contempt of the
district court.
Sec. 24. Minnesota Statutes 1982, section 297A.42,
subdivision 2, is amended to read:
Subd. 2. [POWERS.] Such The examiners shall have all the
rights and powers conferred upon the commissioner by section
297A.41. The clerk of any court of record, or any justice of
the peace, upon demand of the commissioner or any such examiner,
shall issue a subpoena for the attendance of any witness or the
production of any books, papers, records or memoranda before
such person. The commissioner may also issue such subpoenas.
Disobedience of subpoenas issued under this chapter shall be
punished by the district court of the district in which the
subpoena is issued in the same manner as for a contempt of the
district court.
Sec. 25. Minnesota Statutes 1982, section 299F.40,
subdivision 5, is amended to read:
Subd. 5. [VIOLATIONS, SEARCH WARRANTS.] Whenever any
person, or the president, secretary, treasurer, or other officer
of any corporation mentioned in this section, or his duly
authorized agent who has personal knowledge of the facts, shall
make makes an oath in writing before any justice of the peace or
police judge, or other magistrate, that the party making
affidavit has reason to believe and does believe that any of
his, her, its the person's or their the corporation's liquefied
petroleum or industrial gas containers marked with the name,
initials, mark or other device of the owner, are in the
possession of or being used by or being, filled or, refilled,
or transferred by any person whose name, initials, mark or other
device does not appear on the containers, and who is in the
possession of, filling or refilling, or using any such the
containers without the written consent of the owner of the name,
initials or trade mark, the magistrate judge may, when satisfied
that there is reasonable cause, issue a search warrant and cause
the premises designated to be searched for the purpose of
discovering and obtaining the same, and the containers. The
judge may also cause to be brought before him order the person
in whose possession the containers may be are found to appear,
and shall then inquire into the circumstances of the possession;
and. If the magistrate judge finds that the person has been
guilty of a violation of this section, he shall impose the
punishment herein prescribed, and he shall also award the
possession of property taken upon the search warrant to the its
owner thereof.
Sec. 26. Minnesota Statutes 1982, section 340.85,
subdivision 2, is amended to read:
Subd. 2. [NOTIFICATION.] When any municipal liquor store
or licensed dealer in intoxicating liquor or nonintoxicating
fermented malt beverages, his agent or employee is convicted of
(1) a violation of any provision of this chapter or any law or
ordinance regulating the sale of alcoholic beverages or (2) any
violation of law or ordinance in the operation of the licensed
premises, the clerk of the court or the justice of the peace
shall, within ten days after the conviction, mail a written
notice of conviction to the clerk of the municipality or the
county auditor of the county having jurisdiction to issue
alcoholic beverage licenses for the premises. A copy of the
notice shall also be mailed to the office of the commissioner of
public safety.
Sec. 27. Minnesota Statutes 1982, section 340.91, is
amended to read:
340.91 [CONDUCTORS TO ARREST.]
The conductor of any railway train or street car shall
summarily arrest, with or without a warrant, any person
violating any of the provisions of sections 340.88 to 340.93;
and,. For such this purpose, the conductor has the same power
and authority as any peace officer, including the power to
summon assistance, and such conductor has power to deliver any
such the person arrested to any policeman, constable or other
public officer of the county in which such the offense was
committed, and. It shall be the duty of such the officer to
bring the person charged with such the offense before the
nearest justice of the peace county or municipal court of the
county where the offense was committed and to make a complaint
against such the person, and such. A complaint made upon
information and belief of the officer, is sufficient.
Sec. 28. Minnesota Statutes 1982, section 345.02, is
amended to read:
345.02 [UNCLAIMED PROPERTY MAY BE SOLD UPON NOTICE; SUMMARY
SALE.]
If any such property be is not claimed or taken away within
one year after its reception, it may be sold upon 60 days'
notice; and,. If it is perishable or subject to decay by
keeping, it may be sold, if not taken away within 30 days, upon
ten days' notice; and,. If it be is in a state of decay, or
manifestly liable to decay, it may be summarily sold by order of
a justice of the peace or any judge of the county or municipal
court, after inspection, and without notice. When not sold
summarily, notice shall be given to the owner personally or by
mail; but. If the name of the owner be is not known, and cannot
be ascertained with reasonable diligence be ascertained,
published notice for the prescribed periods aforesaid shall be
given.
Sec. 29. Minnesota Statutes 1982, section 345.03, is
amended to read:
345.03 [PROCEEDINGS IF PROPERTY NOT CLAIMED.]
If the owner or person entitled to such the property shall
does not take the same it away and pay the charges thereon, on
it after notice as aforesaid shall have has been given, the
person having possession thereof, of it or his agent or
attorney, shall make and deliver to a justice of the peace of
the same or an adjoining town, or to the judge of any county or
municipal court, an affidavit setting forth a description of the
property, the date of its reception, the giving of the notice,
and whether the owner is known or unknown.
Sec. 30. Minnesota Statutes 1982, section 345.04, is
amended to read:
345.04 [INVENTORY; ORDER OF SALE.]
Upon the delivery to him of such the affidavit, the justice
or judge shall cause the property to be opened and examined in
his presence and a true inventory thereof made, and of it. He
shall annex to such the inventory an order, under his hand, that
the property therein described be sold, at public auction, by
any constable or police peace officer of the municipality or
town where the same shall be it is located.
Sec. 31. Minnesota Statutes 1982, section 345.05, is
amended to read:
345.05 [NOTICE AND RETURN OF SALE.]
The constable or police officer receiving such the
inventory and order shall sell the property, at public auction,
to the highest bidder, in the manner provided by law for
constables' sales under execution, upon ten days' posted
notice. When the sale is completed, he shall endorse upon the
order aforesaid a return of his proceedings thereon on it, and
return the same it to the justice or clerk of the municipal
court, together with the inventory and the proceeds of the sale,
less his fees.
Sec. 32. Minnesota Statutes 1982, section 345.06, is
amended to read:
345.06 [DISPOSITION OF PROCEEDS.]
From the proceeds of such the sale the justice or clerk of
the municipal court shall pay all legal charges incurred in
relation to the property; or, if the proceeds are not sufficient
to pay all the charges, a ratable proportion of each, and. The
balance, if any, he shall immediately pay be paid to the
treasurer of the county where such the sale took place and
deliver. The clerk shall provide the treasurer with a statement
therewith, containing a description of the property sold, the
gross amount of the sale, and the amount of costs, charges, and
expenses paid to each person. The treasurer shall file such the
statement in his office, and make an entry of the amount
received by him and the time when received.
Sec. 33. Minnesota Statutes 1982, section 345.14, is
amended to read:
345.14 [FEES OF JUSTICES CLERKS AND CONSTABLES.]
For services performed under the provisions of this
chapter, justices of the peace or clerks of county or municipal
courts shall be allowed $1 for each day, and constables the same
fees as are allowed by law for sales upon execution, and ten
cents per folio for making an inventory of the property.
Sec. 34. Minnesota Statutes 1982, section 346.03, is
amended to read:
346.03 [APPRAISEMENT.]
Every finder of an estray of the value of $10 or more at
the time of taking up shall also, within one month thereafter,
cause the same to be have it appraised by a justice of the peace
of such town, and county or municipal judge. The certificate of
such appraisement shall be filed with the town clerk. The
finder shall pay the justice 50 cents for such the certificate,
and six cents per mile for each mile necessarily traveled to
make the same appraisal.
Sec. 35. Minnesota Statutes 1982, section 346.04, is
amended to read:
346.04 [CHARGES FOR KEEPING.]
The person entitled to the possession of any such estray,
at any time within one year after such notice is filed with the
town clerk, may have the same it restored to him upon proving
his right thereto to it and paying all lawful charges that occur
in relation to the same it. If such the person and the finder
cannot agree as to the amount of such the charges, or upon what
should be allowed for the use of such the estray, either party,
on notice to the other, may apply to a justice of the peace of
such town county or municipal court judge to settle the same,
who for that purpose disagreement. The judge may examine
witnesses on oath. If any amount shall be found due is owed to
the finder, over the value of the use of such the estray, the
same money, with costs, shall be a lien upon such the estray,
and. The costs of such the adjudication shall abide the
decision of the justice be allocated by the judge.
Sec. 36. Minnesota Statutes 1982, section 346.09,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE,; APPRAISERS.] The person
distraining shall give notice to the owner of such the beast, if
known to him, within 24 hours if he resides in the same town,
and within 48 hours if he resides in another town in the same
county, Sundays excepted; specifying in. The notice shall
specify the time when and the place where distrained, the number
of beasts, and the place of their detention, and that at a time
and place stated therein, which shall not be less than 12 hours
after the service of the notice, nor more than three days after
such the distress, he will apply to a designated justice of the
peace county or municipal judge of the county for the
appointment of appraisers to appraise the damages. If the owner
be is unknown, or does not reside in the county, the distraining
person shall apply for the appointment of such appraisers within
24 hours after such the distress without notice. Upon such
After the application, the justice judge shall appoint in
writing three disinterested freeholders residents of such the
town to appraise the damages, for which the justice shall
receive a fee of 50 cents.
Sec. 37. Minnesota Statutes 1982, section 347.04, is
amended to read:
347.04 [PUBLIC NUISANCE.]
Any dog that habitually worries, chases, or molests teams
or persons traveling peaceably on the public road, is a public
nuisance. Upon complaint, in writing, made to a justice of the
peace, to a county or municipal judge containing a description
of such the dog, and giving his including the name and that of
his of the dog and its owner, if or stating that the name or
names are not known, and, if not, so stating, and alleging that
such the dog is a public nuisance, the justice judge shall issue
a summons, if such the owner is known, commanding him to appear
before the justice at his office judge at a specified time
therein stated, not less than six, nor more than ten, days from
the date thereof of the summons, to answer such the complaint.
The summons shall be served not less than six days before the
day of the hearing thereon, in the same manner as other justice
county or municipal court summonses.
Sec. 38. Minnesota Statutes 1982, section 347.05, is
amended to read:
347.05 [OWNER NOT KNOWN.]
If it appears from the complaint that the owner is not
known, ten days' posted notice, containing a description of the
dog as given in the complaint, and stating that such a complaint
has been made, and the time and place of hearing thereon on it,
shall be given in the town where such justice resides the judge
presides.
Sec. 39. Minnesota Statutes 1982, section 347.06, is
amended to read:
347.06 [HEARING; JUDGMENT; EXECUTION.]
On the day of hearing The justice judge shall hear the
evidence in the case, and,. If he shall find therefrom finds
that such the dog is a public nuisance, he shall enter judgment
accordingly, and thereupon shall order the constable to kill and
bury dispose of the dog, which order the constable shall
forthwith execute.
Sec. 40. Minnesota Statutes 1982, section 357.12, is
amended to read:
357.12 [CONSTABLES.]
The fees to be charged and collected by a constable shall
be as follows, and no other or greater fees shall be charged:
(1) for serving a warrant or other writ, not herein
otherwise provided for, 25 cents for each person named therein
in it and served;
(2) for a copy of each summons delivered on request or left
at the residence of defendant, 25 cents;
(3) serving a subpoena or summons, 50 cents for each person
named therein in it and served; provided, that any such summons
or subpoena may be served by any person not a party to the
action, but if served by any person other than an officer, no
fees or mileage shall be allowed therefor, and service shall be
proved by affidavit;
(4) serving an attachment, 50 cents;
(5) each copy of an attachment, 15 cents;
(6) each copy of an inventory of property seized on
attachment, 15 cents;
(7) serving summons on garnishee, 50 cents;
(8) copy of any affidavit or other paper not herein
otherwise provided for, ten cents per folio;
(9) posting each notice, 15 cents;
(10) Attending on justice court, when required by the
justice, $1 per day;
(11) (10) for travel to and from the place of service, when
necessary in serving any process or paper authorized to be
served by them, ten cents per mile;
(12) (11) committing to prison, 50 cents;
(13) (12) summoning a jury, $1;
(14) (13) writing a list of jurors, 15 cents;
(15) (14) attending on a jury, 50 cents;
(16) (15) on all sums collected on execution and paid over,
charged upon the judgment debtor, five percent;
(17) (16) serving a writ of replevin, 50 cents;
(18) (17) summoning and swearing appraisers and taking
appraisement, 50 cents;
(19) (18) taking and approving security in any case, 25
cents.
A constable shall be allowed all reasonable and necessary
expenses actually paid out for food and lodging furnished by him
for any prisoner, at not to exceed $1 per day while having such
the prisoner in custody pending trial and while conducting such
the prisoner to jail, together with the transportation charges
for the prisoner paid to a common carrier. Where If adjournment
is for longer than three days, the prisoner shall be committed
to the county jail.
Sec. 41. Minnesota Statutes 1982, section 357.16, is
amended to read:
357.16 [COMMISSIONERS TO TAKE TESTIMONY.]
A person commissioned to take testimony shall receive the
same fees as are allowed to justices of the peace for like
services prescribed by the court.
Sec. 42. Minnesota Statutes 1982, section 357.22, is
amended to read:
357.22 [WITNESSES.]
The fees to be paid to witnesses shall be as follows:
(1) For attending in any action or proceeding in any court
of record, in any justice court, or before any officer, person,
or board authorized to take the examination of witnesses, $10
for each day;
(2) For travel in going to and returning from the place of
attendance, to be estimated from his residence, if within the
state, or from the boundary line of the state where he crossed
the same it, if without the state, 12 cents per mile.
No person is obliged to attend as a witness in any civil
case unless one day's attendance and travel fees are paid or
tendered him in advance.
Sec. 43. Minnesota Statutes 1982, section 357.27, is
amended to read:
357.27 [CORONER AND JUSTICE JURORS.]
Each juror sworn before a coroner at an inquest taken by
him shall receive $3 for each day's attendance and ten cents for
each mile traveled in going to and returning from the place site
of holding the same, inquest. The distance to shall be
computed by the usually traveled route and paid out of the
county treasury. The coroner shall deliver to each juror a
certificate for the number of days' attendance and miles
traveled for which he is entitled to compensation. Each juror
sworn in any action pending in a justice court, or before any
sheriff on a writ of inquiry, shall receive $3, to be paid, in
the first instance in all civil actions, by the party calling
for such the jurors. The certificate of the coroner for
services rendered as a juror before him shall be filed with the
county auditor, who shall draw his warrant upon the county
treasurer for the amount, and such. The certificate shall be
sufficient voucher for the issuance of such the warrant.
Sec. 44. Minnesota Statutes 1982, section 357.29, is
amended to read:
357.29 [SERVICES NOT RENDERED; ILLEGAL FEES.]
No judge, justice, sheriff, or other officer, or any other
person to whom any fee or compensation is allowed by law for any
service, shall take or receive any other or greater fee or
reward for such the service than he is allowed by law, and.
No fee or compensation shall be demanded or received by any
officer or person for any service unless the same it was
actually rendered, except in the case of prospective costs, as
hereinafter specified. Any person violating either of the
foregoing these provisions shall be is liable to the party
aggrieved for treble the damages sustained by him.
Sec. 45. Minnesota Statutes 1982, section 358.15, is
amended to read:
358.15 [BY WHOM TAKEN IN THIS STATE.]
The following named officers shall have power to take and
certify acknowledgments within the state:
(1) every member of the legislature, so long as he shall
remain such and continue to reside while still a resident in the
district from which he was elected; but he shall receive no fee
or compensation for so doing. The form of his official
signature in such cases shall be: "A.B., Representative (or
Senator), ....................................... District,
Minnesota. My term expires January 1, 19.....;"
(2) the judges and clerks and deputy clerks of all courts
of record, residing within the state, including those of the
circuit and district courts of the United States, and resident
United States commissioners;
(3) notaries public, justices of the peace, and the clerks
or recorders of towns, and cities; and
(4) court commissioners, county recorders, and county
auditors, and their several deputies, and county commissioners,
all within their respective counties.
Sec. 46. Minnesota Statutes 1982, section 359.061, is
amended to read:
359.061 [RECORD OF COMMISSION; CERTIFICATE.]
The commission of every notary shall be recorded in the
office of the clerk of the district court of the county for
which he is appointed, in a book record kept for that purpose;
and thereafter. The clerk, when requested, shall certify to his
official acts in the same manner and for the same fees allowed
by law for similar certificates to authenticate acts of justices
of the peace prescribed by statute or court rule.
Sec. 47. Minnesota Statutes 1982, section 359.11, is
amended to read:
359.11 [TAKING DEPOSITIONS.]
In taking depositions, the notary shall have the same power
to compel the attendance of and to punish witnesses for refusing
to testify as may be vested by law in justices of the peace, and
provided by statute or court rule. All sheriffs and constables
shall serve and return all process issued by any notary in
taking depositions.
Sec. 48. Minnesota Statutes 1982, section 361.27,
subdivision 2, is amended to read:
Subd. 2. [DISPOSITION.] All fines, installment payments,
and forfeited bail money, from violations under sections 361.01
to 361.28 collected from persons apprehended or arrested
convicted of violations of sections 361.01 to 361.28 shall be
paid to the county treasurer of the county where the violation
occurred by the justice of the peace, municipal clerk of court,
or other person or officer collecting such fines, forfeited bail
money or installments thereof, the moneys within 15 days after
the last day of the month in which such moneys they were
collected, to the county treasurer of the county where the
violation occurred. One-half of such the receipts shall be
credited to the general revenue fund of the county. The other
one-half of such the receipts shall be transmitted by the county
treasurer to state treasurer to be deposited to the credit of in
the general fund in the state treasury for the purpose of boat
and water safety.
Sec. 49. Minnesota Statutes 1982, section 365.52, is
amended to read:
365.52 [SPECIAL TOWN MEETINGS; PRECINCT; POLLING PLACES.]
A special town meeting may be held for the purpose of
election to fill a vacancy when the town board has failed to
fill the vacancy by appointment, or for transacting any other
lawful business whenever the supervisors, town clerk, and
justices of the peace, or any two of them, together with at
least 12 other freeholders of the town, file in the office of
the town clerk a written statement setting forth the reasons and
necessity for such the meeting and the particular business to be
transacted thereat at it and that the interests of the town
require that such the meeting be held. A town meeting may also
be called upon a petition of 20 percent of the eligible voters
of the town, based upon the number of voters at the last general
election. The town board may, with respect to an election by
ballot at a special town meeting for the purpose of selecting
town officers or of determining any matter of town business,
provide for the casting of ballots in precincts and at polling
places. The precincts and polling places shall be designated by
the town board in the manner prescribed by sections 204B.14 and
204B.16.
Sec. 50. Minnesota Statutes 1982, section 366.20, is
amended to read:
366.20 [MEETINGS.]
The town board shall constitute a board of audit, and shall
meet each year, on the Tuesday next preceding the annual town
meeting, for the purpose of auditing and settling all charges
against the town, and. All unpaid accounts of town officers for
services rendered since the last annual meeting of the board
shall be presented at such the meeting. It may also meet at
such any other times as it deems necessary for the purpose of
auditing and settling charges against the town; but. No
allowance of any account shall be made which does not
specifically state each item of itemize the same account. If
any supervisor fails to attend, a justice of the peace shall be
called in to fill the vacancy. If there is no justice of the
peace, the remaining supervisors shall fill the vacancy by
appointment or. If they are unable to agree, the senior county
or municipal court judge having jurisdiction over the town shall
fill the vacancy by appointment; however, in either event,. The
person appointed must be a resident of the town.
Sec. 51. Minnesota Statutes 1982, section 367.11, is
amended to read:
367.11 [DUTIES.]
It shall be the duty of the town clerk:
(1) to act as clerk of the town board, and to keep in his
office a true record of all of its proceedings;
(2) unless otherwise provided by law, to have the custody
of the records, books, and papers of the town, when no other
provision is made by law, and to file and safely keep all papers
required by law to be filed in his office;
(3) to record minutes of the proceedings of every town
meeting in the book of town records minutes of the proceedings
of every town meeting, and to enter therein in them at length
every order or direction and all rules and regulations made by
the town meeting;
(4) to file and preserve all accounts audited by the town
board or allowed at a town meeting, and to enter a statement
thereof of them in the book of records;
(5) to transmit to the clerk of the district court,
immediately after the election of any justice of the peace of
his town constable, a written notice stating therein the name of
the person elected, and; the term for which he was elected and,
; if elected to fill a vacancy, the name of the last incumbent
of the office,; and the name of every constable, after he shall
have a constable is qualified, and, upon the resignation of a
justice or constable, to immediately transmit to such notify the
clerk notice thereof;
(6) to record every request for any special vote or special
town meeting, and properly post the requisite notices thereof of
them;
(7) to post, as required by law, fair copies of all bylaws
made by the town, and enter, over his signature, in the town
records, in connection with such bylaws, the time when and the
places where the same they were posted;
(8) to furnish to the annual meeting of the town board of
audit, at its annual meeting, every statement from the county
treasurer of money paid to the town treasurer, and all other
information respecting about fiscal affairs of the town in his
possession, and all accounts, claims, and demands against the
town filed with him; and
(9) to perform such any other duties as are required of him
by law.
Sec. 52. Minnesota Statutes 1982, section 367.25,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT, FEE.] Every person elected or
appointed to a town office, within ten days after receiving a
certificate or notice of his election or appointment, shall take
and subscribe the oath required by law. If taken before the
town clerk or a justice of the peace, such, the oath shall be
administered and certified without fee.
Sec. 53. Minnesota Statutes 1982, section 368.01,
subdivision 20, is amended to read:
Subd. 20. [DEPARTMENTS; BOARDS.] The town board of
supervisors may create such departments and advisory boards and
appoint such officers, employees, and agents for the town as may
be deemed necessary for the proper management and operation of
town affairs. The town board may prescribe the duties and fix
the compensation of all officers, both appointive and elective,
employees, and agents, when not otherwise prescribed by law.
The town board may require any officer or employee to furnish a
bond conditioned for the faithful exercise of his duties and the
proper application of, and payment upon demand of, all moneys by
him officially received by him. Unless otherwise prescribed by
law, the amount of such the bonds shall be fixed by the town
board. The bonds furnished by the clerk, and treasurer, and
justices of the peace shall be corporate surety bonds. The town
board may provide for the payment from town funds of the premium
on the official bond of the justices of the peace and any
officer or employee of the town. The town board may, except as
otherwise provided, remove any appointive officer or employee
when in its judgment the public welfare will be promoted by the
removal; but. This provision does not modify the laws relating
to veterans preference or to members of a town police or fire
civil service commission or public utilities commission.
Sec. 54. Minnesota Statutes 1982, section 373.09, is
amended to read:
373.09 [CLAIMS AGAINST COUNTY; APPEAL.]
When any claim against a county is disallowed in whole or
part by the county board, in whole or in part, a claimant may
appeal from its decisions to the district court by causing (1)
filing a written notice of such appeal to be filed in the office
of the auditor within 15 days after written notice mailed to the
claimant by the county auditor showing the disallowance of the
claim and (2) giving security for costs, to be approved by the
auditor, who. The auditor shall forthwith notify the county
attorney thereof of the appeal.
When any claim against a county shall be is allowed, in
whole or in part, by such the board, no order shall be issued in
payment of the same to pay it or any part thereof of it, until
after three days from after the date of the decision; and.
The county attorney may, on behalf and in the name of such the
county, appeal from such the decision to the district court, by
causing filing a written notice of such appeal to be filed in
the office of the auditor within three days after the date of
the decision appealed from; or. Any seven taxpayers of the
county may, in their own names, appeal in their own names from
such the decision to the district court by causing (1) filing a
written notice of appeal, stating the grounds thereof, to be
filed for it in the office of the auditor within three days
after the date of the decision appealed from, and (2) giving to
the claimant security to the claimant for his costs and
disbursements, to. The security shall be approved by a judge of
the district court; and. Thereafter no order shall be issued in
payment of any such the claim until a certified copy of the
judgment of the court shall be is filed in the office of the
auditor. Upon filing of such a notice of appeal, the court
shall acquire has jurisdiction of the parties and of the subject
matter, and may compel a return to be made as in the case of an
appeal from a judgment of a justice of the peace. In any county
subject to the provisions of Laws 1941, Chapter 118, in which a
claim has been audited and certified by the county auditor as
required by Laws 1941, Chapter 118, Section 5, or whose
population now or hereafter exceeds 250,000 but is less than
450,000 and in Hennepin county such claim may be paid not
earlier than the third day after allowance by the county board.
Sec. 55. Minnesota Statutes 1982, section 375.24, is
amended to read:
375.24 [APPOINTMENT OF JUSTICES OF THE PEACE AND CONSTABLES
IN CERTAIN UNORGANIZED TERRITORY.]
In any county of this state having no organized townships
or in which the distance from any a full and fractional
unorganized township is more than 20 miles from the nearest town
or municipality or county-seat, county seat and which full and
fractional unorganized township is entirely separated from the
town or municipality or county-seat county seat by water, the
county board of such the county may appoint one or more justices
of the peace and one or more constables for such the unorganized
township, who. The constables shall have the same powers and
duties as like officers constables in towns in the county.
Before entering upon their duties such officers, the
constables shall give bond to the county in such a penal sum as
the county board shall determine, which determines. The bonds
shall be otherwise conditioned as bonds for such officers in
towns in the county. Such The bonds shall be approved by the
county board and filed with the clerk of the district court.
Sec. 56. Minnesota Statutes 1982, section 390.15, is
amended to read:
390.15 [WITNESSES; FEES.]
The coroner may issue subpoenas for witnesses, returnable
forthwith immediately or at such a specified time and place as
he shall direct. The persons served with such the subpoenas
shall be allowed the same fees, their attendance shall be
enforced in the same manner by the coroner, and they shall be
subject to the same penalties as if they has been served with a
subpoena in behalf of the state in a criminal case before a
justice of the peace provided by statute or the rules of
criminal procedure.
Sec. 57. Minnesota Statutes 1982, section 390.20, is
amended to read:
390.20 [PERSON CHARGED ARRESTED.]
If any person charged by the inquest with having committed
such the offense is not in custody, the coroner shall have the
same power as a justice of the peace county or municipal judge
to issue process for his apprehension; and such. The warrant
shall be made returnable before any justice of the peace or
other magistrate or court having jurisdiction in the case, who
and the court shall proceed therein in the same manner as in
other like similar cases.
Sec. 58. Minnesota Statutes 1982, section 390.31,
subdivision 2, is amended to read:
Subd. 2. [JURY FEES.] Each juror sworn in any action
pending in a justice court, or before any sheriff on a writ of
inquiry, shall receive $3, to be paid, in the first instance in
all civil actions, by the party calling for such the jurors.
Sec. 59. Minnesota Statutes 1982, section 390.33,
subdivision 2, is amended to read:
Subd. 2. [SUBPOENA POWER.] The probate judge may issue
subpoenas for witnesses, returnable forthwith or at such a time
and place as he shall direct the judge directs. The persons
served with such subpoenas shall be allowed the same fees, their
attendance shall be enforced in the same manner by the sheriff,
and they shall be subject to the same penalties as if they had
been served with a subpoena in behalf of the state in a criminal
case before a justice of the peace county or municipal judge.
Sec. 60. Minnesota Statutes 1982, section 390.33,
subdivision 6, is amended to read:
Subd. 6. [WARRANTS.] If any person charged by the inquest
with having committed such the offense is not in custody, the
probate judge shall have has the same power as a justice of
the peace to issue process for his apprehension; and such. The
warrant shall be made returnable before any justice of the peace
or other magistrate or court having jurisdiction in the case,
who. The court shall proceed therein in the same manner as in
other like similar cases.
Sec. 61. Minnesota Statutes 1982, section 395.23, is
amended to read:
395.23 [DUTIES OF POLICE OFFICERS.]
It shall be the duty of the constable and town clerk of
such a town and the members of the county board, sheriff, and
county attorneys of any county furnishing seed or feed, having
any knowledge of the violation of the provisions of sections
395.14 to 395.24, to make file a complaint thereof to with a
justice of the peace, and such justice county or municipal
court. The court shall thereupon issue a warrant for the arrest
of the offender, and proceed to hear and determine the matter or
to bind the offender over to appear before the grand jury, as
the case may be.
Sec. 62. Minnesota Statutes 1982, section 412.02,
subdivision 1, is amended to read:
Subdivision 1. [OFFICERS ELECTED.] The following officers
shall be elected for the terms and in the years shown and in the
cities described in the table.
Number of
Years in City
Officer Term Year Elected Elected
Mayor Two Every two years Every statutory
or four except where city
four years is
otherwise provided
pursuant to statute
Clerk Four Every four years Every statutory
in year when standard plan city
treasurer is not in which there is
elected no clerk-treasurer
Treasurer Four Every four years Every statutory
in year in which standard plan city
clerk is not in which there is
elected no clerk-treasurer
Clerk- Four Every four years Every statutory
Treasurer in year in which standard plan city
one councilman where such office
is elected exists pursuant to
subdivision 3
Three Four Two every four Every statutory
Councilmen years and one in standard plan city
alternative
election
Four Four Two each Every statutory
Councilmen election optional plan city
One Justice Two At each Every statutory
of the Peace election city in which
the office is
permitted by law
and has not been
abolished
pursuant to
subdivision 5
Sec. 63. Minnesota Statutes 1982, section 412.021,
subdivision 2, is amended to read:
Subd. 2. [OFFICERS TO BE ELECTED.] There shall be elected
at such the election a mayor and, where otherwise permitted by
law, a justice of the peace, each for a term expiring the first
business day of January of the next odd-numbered year; and four
councilmen, for terms so arranged that two expire the first
business day of January of the next odd-numbered year and two
the first business day of January of the second odd-numbered
year. No candidate for councilman shall run for a particular
term but the number of years in the term of each successful
candidate shall be determined by his relative standing among the
candidates for office, the longest terms going to the two
candidates receiving the highest number of votes. If the
election occurs in the last four months of the even-numbered
year, no election shall be held in the city on the annual city
election day that year, and the next following year shall be
disregarded in fixing the expiration of terms of officers chosen
under this subdivision at the initial election.
Sec. 64. Minnesota Statutes 1982, section 412.023,
subdivision 5, is amended to read:
Subd. 5. [OTHER OFFICERS.] Any statutory city previously
operating as a city or borough under a general or special law
which did not require the election of a justice of the peace or
in which such office did not exist, is not required by Laws
1973, Chapter 123 to elect such officer. Any such city which
has established the office of city administrator by ordinance
may continue such the office in existence notwithstanding the
provisions of Laws 1973, chapter 123.
Sec. 65. Minnesota Statutes 1982, section 412.111, is
amended to read:
412.111 [DEPARTMENTS, BOARDS.]
The council may create such departments and advisory boards
and appoint such officers, employees, and agents for the city as
may be deemed necessary for the proper management and operation
of city affairs. The council may prescribe the duties and fix
the compensation of all officers, both appointive and elective,
employees, and agents, when not otherwise prescribed by law.
The council may require any officer or employee to furnish a
bond conditioned for the faithful exercise of his duties and the
proper application of, and payment upon demand of, all moneys by
him officially received by him. Unless otherwise prescribed by
law, the amount of such the bonds shall be fixed by the council.
The bonds furnished by the clerk, and treasurer, and justices of
the peace shall be corporate surety bonds. The council may
provide for the payment from city funds of the premium on the
official bond of the justices of the peace and any officer or
employee of the city. The council may, except as otherwise
provided, remove any appointive officer or employee when in its
judgment the public welfare will be promoted by the removal; but.
This provision does not modify the laws relating to veterans
preference or to members of a city police or fire civil service
commission or public utilities commission.
Sec. 66. Minnesota Statutes 1982, section 412.861,
subdivision 3, is amended to read:
Subd. 3. [APPEAL TO DISTRICT COURT.] Appeals may be taken
to the district court in the same manner as from judgments of
justices of the peace in civil actions; but, prescribed by court
rule. If taken by the defendant appeals, he shall give bond to
the city, to be approved by the court, conditioned that, if the
judgment be affirmed in whole or in part, he will pay the
judgment, and all costs and damages awarded against him on the
appeal. In case of affirmance, execution may issue against both
defendant and his sureties. Upon perfection of the appeal,
defendant shall be discharged from custody.
Sec. 67. Minnesota Statutes 1982, section 473.608,
subdivision 17, is amended to read:
Subd. 17. [ORDINANCES.] (1) It may from time to time make,
adopt and enforce rules, regulations, and ordinances as it may
find expedient or deems necessary for carrying into effect the
purposes of sections 473.601 to 473.679, including those
relating to the internal operation of the corporation and to the
management and operation of airports owned or operated by it,
subject to the conditions and limitations set forth in sections
473.601 to 473.679. Any person violating any such rule,
regulation or ordinance shall be is guilty of a misdemeanor.
(2) The prosecution may be in any municipal court sitting
within either the city of Minneapolis or St. Paul, or before a
county or municipal court or justice of the peace having
jurisdiction over the place where the violation occurs. Every
sheriff, constable, policeman, and other peace officer shall see
that all rules, regulations, and ordinances are obeyed, and
shall arrest and prosecute offenders. The fines collected shall
be paid into the treasury of the corporation. The corporation
shall pay and there shall be first deducted and paid over to the
office of the clerk of any municipal court processing and
prosecuting violations a portion of the fines necessary to cover
all costs and disbursements incurred in the matter of the
processing and prosecuting of the violations in the court shall
be transferred to the clerk of court. All persons committed
shall be received into any penal institution in the county in
which the offense was committed. All persons shall take notice
of the rules, regulations, and ordinances without pleading or
proof.
(3) A public hearing need not be held on rules, regulations
and ordinances relating to the internal operation of the
commission or to the management or operation of airports owned
or operated by it unless the rule, regulation or ordinance
affects substantial rights.
(4) When necessary, the corporation may adopt and put into
effect enforce without a public hearing all other rules,
regulations or ordinances where deemed immediately necessary by
the corporation, but it shall hold a public hearing within 30
days thereafter hold a public hearing thereon, after giving
their adoption. Prior to the hearing, the corporation shall
give at least 15 days notice by publication in appropriate legal
newspapers of general circulation in the metropolitan area and
by mailing mail a copy thereof of them to all interested parties
who have registered their names with the corporation for that
purpose. If the rules, regulations, or ordinances are not
deemed immediately necessary, the corporation shall hold a
public hearing thereon, on them after giving the required notice
as aforesaid, and. The rules, regulations, or ordinances shall
not be adopted and put into effect enforced until after the
hearing.
(5) Notice of the adoption of rules, regulations and
ordinances shall, as soon as possible after adoption, be
published in appropriate legal newspapers of general circulation
in the metropolitan area. Proof of publication and a copy of
the rule, regulation, or ordinance shall be filed with the
secretary of state, together with a copy of the rule,
regulation, or ordinance, which. They shall thenceforth then be
in full force and effect.
(6) Any person substantially interested or affected in his
rights as to person or property by a rule, regulation or
ordinance adopted by the corporation, may petition the
corporation for reconsideration, amendment, modification, or
waiver of the rule, regulation or ordinance it. The petition
shall set forth a clear statement of the facts and grounds upon
which reconsideration, amendment, modification or waiver is
sought it is based. The corporation shall grant the petitioner
a public hearing within 30 days after the filing of the petition.
Sec. 68. Minnesota Statutes 1982, section 485.07, is
amended to read:
485.07 [RECORDS TO BE KEPT.]
Every clerk shall procure, at the expense of his county,
and keep, the following records at the expense of his county:
(1) a register of actions, in which he shall enter the
title of each action, whether originally commenced in the
clerk's court, or brought there by appeal or transcript of
judgment from justice court or from any another court of record
of the state or the United States, and a minute of each paper
filed in the cause, and all proceedings therein in them;
(2) a judgment roll, in which every for each judgment shall
be entered rendered;
(3) a docket, in which he shall enter enters alphabetically
the name of each judgment debtor, the amount of the judgment,
and the precise time of its entry;
(4) indexes, as described in section 485.08, and any other
records as the court, in its discretion, may direct.
Sec. 69. Minnesota Statutes 1982, section 488A.021,
subdivision 4, is amended to read:
Subd. 4. [POWERS.] The judges have the general powers of
judges of courts of record and all powers necessary to
effectuate the purposes of sections 488A.01 to 488A.17. Each
judge may administer oaths and take and certify
acknowledgments. Each judge is a conservator of the peace and
has all powers and authority vested in justices of the peace or
magistrates it by statute or court rule.
Sec. 70. Minnesota Statutes 1982, section 488A.09,
subdivision 7, is amended to read:
Subd. 7. [LIEN OF JUDGMENT; FILING OF TRANSCRIPT.] (a) No
judgment of the municipal court shall attach as a lien upon real
estate unless and until a transcript thereof of it is filed and
docketed in district court.
(b) Any person who holds a judgment for an amount exceeding
$10, exclusive of interest and costs, may obtain from the clerk
a certified transcript of such the judgment and may file the
transcript in the office of the clerk of the district court of
Hennepin county, who shall file and docket it as in case of
transcripts of judgments from the courts of justices of the
peace prescribed by law or court rules;
(c) Upon the filing and docketing of the certified
transcript, the judgment becomes a lien upon the real estate of
the debtor to the same extent as a judgment of the district
court and the judgment thereafter is exclusively under the
control of the district court and may be enforced by its process
as though originally rendered by the district court.
(d) The clerk of municipal court shall not issue such a
certified transcript while a writ of execution is outstanding on
the judgment. He shall note on the record of such the judgment
the fact that such the transcript has been given and shall not
thereafter issue any writ of execution on the same judgment.
Sec. 71. Minnesota Statutes 1982, section 488A.19,
subdivision 5, is amended to read:
Subd. 5. [POWERS.] The judges have the general powers of
judges of courts of record and all powers necessary to
effectuate the purposes of this act sections 488A.18 to 488A.34.
Each judge may administer oaths and take and certify
acknowledgments. Each judge is a conservator of the peace and
has all powers and authority vested in justices of the peace or
magistrates it by statute or court rule.
Sec. 72. Minnesota Statutes 1982, section 490.18, is
amended to read:
490.18 [PERSONS AFFECTED.]
The provisions of sections 490.15 and 490.16 apply to all
judges, judicial officers, and referees and justices of the
peace.
Sec. 73. Minnesota Statutes 1982, section 509.04, is
amended to read:
509.04 [RECOVERY OF RECEPTACLES; SEARCH WARRANT.]
When any person who has filed for record any such name,
mark, or device or who has acquired from such person the owner
in writing the ownership of such the name, mark, or device or
the right to the exclusive use thereof of it, or anyone
representing such the person, shall make oath swears before any
magistrate judge that he has reason to believe and does believe
that any receptacle bearing such the name, mark, or device is
being unlawfully used or filled or had in possession possessed
by any person such magistrate, the judge shall thereupon issue a
search warrant to discover and obtain such the receptacle; and.
The judge may also cause the person in whose possession such
possessing the receptacle shall be found to be brought before
him and; he shall then inquire into the circumstances of such
possession, and. If it shall be found that such the person is
found guilty of violation of violating any provisions of
sections 509.01 to 509.06, he shall be punished as herein
prescribed and the possession of the property taken upon such
the warrant shall be awarded to the its owner thereof; but.
The remedy given provided by this section shall is not be held
to be exclusive, and offenders against violators of any
provision of those sections may also be prosecuted as in case of
other misdemeanors.
Sec. 74. Minnesota Statutes 1982, section 514.29, is
amended to read:
514.29 [ACTION TO ENFORCE; NOTICE.]
Within six months after the date of filing the lien
statement, the person having such a lien shall, within six
months from and after the date of filing such lien statement,
commence suit for the recovery of such the charges by summons,
in the usual form, before any justice of the peace of the town
in which he resides, or in any the appropriate court, as the
case may require, against the person liable for the payment
thereof. Before any such lien claimant shall commence commences
any action to foreclose such lien it, he shall give the person
against whom he proposes to bring such the action at least 20
days' notice in writing of his intention to foreclose such lien
it.
Sec. 75. Minnesota Statutes 1982, section 514.34, is
amended to read:
514.34 [FINDINGS; JUDGMENT.]
In all suits or attachments prosecuted under the provisions
of sections 514.23 to 514.34, the court, or jury, or justice of
the peace who shall try the same, which tries it or make makes
an assessment of damages therein, shall, in addition to finding
the sum due the plaintiff, also find that the same is also
determine whether or not the amount due for the cost of shoeing
the horse, mule, ox, or other animal described in plaintiff's
declaration, and is a lien upon the same; provided, that
animal. If the court, or jury, or justice of the peace shall
find finds that the amount due the plaintiff is not a lien upon
the property described in the plaintiff's declaration, the
plaintiff shall be nonsuited thereby, but shall be entitled to
judgment, as in other civil actions, but in such case the
plaintiff and shall not recover or tax any only those costs
other than those allowed and taxable in such the other case; and
in those cases where the amount due is found to be a lien upon
the property mentioned in plaintiff's declaration, the finding
or verdict may be in the following form: (The court, jurors, or
justice, as the case may be) say that there is due the sum of
..... dollars from the defendant, and that the same is due for
plaintiff's reasonable charges for shoeing the animal mentioned
in plaintiff's declaration (giving a description sufficient for
identification of the animal), and that the plaintiff has a lien
upon the animal for the amount.
Sec. 76. Minnesota Statutes 1982, section 542.05, is
amended to read:
542.05 [COST BOND; RECOGNIZANCES; NONRESIDENTS.]
Actions upon bonds for costs given in any civil action or
proceeding by a nonresident plaintiff, as provided by law, and
upon any recognizance by a party or witness in any criminal
prosecution, or on any security for costs given in justice
court, shall be tried in the county where such the bond or
security is filed, unless the court, for cause other than the
residence of the defendant, shall change changes the venue. An
action against a nonresident defendant proceeded against by
attachment may be brought in any county wherein such in which
the defendant has property liable to attachment.
Sec. 77. Minnesota Statutes 1982, section 549.03, is
amended to read:
549.03 [ACTIONS FOR SERVICES; DOUBLE COSTS.]
When any person having who employed another to perform any
labor or service, shall neglect neglects or refuse refuses to
pay the agreed price, or the reasonable value if there is no
agreement, for 30 days after the same it is due and payment is
demanded to pay the agreed price, or the reasonable value if
there be no agreement, and the same shall be the payment is
recovered by action, there shall be allowed to the plaintiff,
and included in his judgment, in addition to all of his
disbursements allowed by law, $5 costs if the judgment be
recovered in a justice court and a like sum if the judgment be
recovered in a municipal court where no statutory costs are now
allowed in such municipal court in such action, and double his
costs in all other actions wherein costs are recoverable or on
appeal.
Sec. 78. Minnesota Statutes 1982, section 550.17, is
amended to read:
550.17 [LEVY ON GROWING CROPS.]
A levy may be made upon growing grain or grass, and upon
any other unharvested crops;, but no sale shall be made
thereunder until the same is they are ripe or fit to be
harvested; and. Any levy thereon under an execution issued by a
justice of the peace or any court of record shall be continued
beyond the its return day thereof, if necessary, and its
execution may be completed at any time within 30 days after the
same is the crops are ripe or fit to be harvested.
Sec. 79. Minnesota Statutes 1982, section 571.50, is
amended to read:
571.50 [EFFECT OF DISCLOSURE.]
Subject to the provisions of sections 571.51 and 571.52,
the disclosure shall be conclusive against the judgment creditor
as to all property of the judgment debtor. If the garnishee
denies that he is indebted to the judgment debtor or has any
property of the judgment debtor in his possession, the filing in
court of a copy thereof of the denial shall operate as a full
discharge of the garnishee at the end of 20 days from the date
of service of such the disclosure, in the absence of further
proceedings as provided for in sections 571.51 and 571.52. The
filing of objections to the disclosure or the filing of any
motion or other proceedings shall operate as a stay of such the
discharge. The court may, upon proper showing, relieve the
judgment creditor from the operation of such the discharge after
the expiration of 20 days. The garnishee may be discharged
where the value of the property of judgment debtor held or
indebtedness owing to judgment debtor does not exceed $25, if
the action is in district court, or where the value of the
property of judgment debtor held or indebtedness owing to
judgment debtor does not exceed $10, if the action is in justice
court, and The garnishee may apply to the court to be discharged
as to any property or indebtedness in excess of the amount which
may be required to satisfy judgment creditor's judgment.
Sec. 80. Minnesota Statutes 1982, section 571.58, is
amended to read:
571.58 [MINIMUM JUDGMENT.]
No judgment shall be rendered against a garnishee in a
justice county or municipal court where the judgment against the
judgment debtor is less than $10, exclusive of costs, or in the
district court where the judgment against the judgment debtor is
less than $25, exclusive of costs, and, in all such cases, the
garnishee shall be discharged.
Sec. 81. Minnesota Statutes 1982, section 571.65, is
amended to read:
571.65 [IMPLIED REPEALS.]
The purpose of this chapter is to provide a uniform system
of garnishment disclosure in all districts district, municipal
and justice county courts, and all statutes or parts thereof
laws inconsistent herewith with this chapter are hereby amended
to conform to this chapter superseded.
Sec. 82. Minnesota Statutes 1982, section 574.20, is
amended to read:
574.20 [BONDS, BY WHOM APPROVED.]
Except as otherwise provided by law in particular cases,
bonds shall be approved as follows:
(1) The official bonds of all state officers, including
those of the treasurers, superintendents, and other officials,
and employees of the several public educational, charitable,
penal, and reformatory institutions belonging to the state,
shall be approved, as to form, by the attorney general, and in
all other respects by the governor and the legislative auditor,
or one of them;
(2) The official bonds of county, town, city, and school
district officers and employees by the governing body of the
municipality political subdivision for whose security they are,
respectively, given; and
(3) Those required or permitted by law to be given in any
court, by the judge or justice of the court in which the
proceeding is begun or pending.
(4) In the case of justices of the peace in cities and
incorporated statutory cities all bonds shall be surety bonds of
a surety company duly authorized to transact business within
this state. The premium for such bond may be paid by the
municipality or other political subdivision out of its general
revenue fund.
No officer, official, or employee required to give bond
shall enter upon his duties until his bond is duly approved and
filed.
Sec. 83. Minnesota Statutes 1982, section 574.35, is
amended to read:
574.35 [PROSECUTION FOR FINES; COURT; COMMITMENT.]
All fines and forfeitures imposed as a punishment for any
offense or for the violation of any duty imposed by statute may
be prosecuted for and recovered by indictment in the district
court, or, when the amount or value thereof does not exceed
$100, before a justice of the peace judge of county or municipal
court, who shall have jurisdiction therefor concurrently with
the district court; and. In all cases of the imposition of a
fine pursuant to statute, as punishment for any offense, the
offender may be committed until the same it is paid or he is
otherwise discharged according to law.
Sec. 84. Minnesota Statutes 1982, section 588.01,
subdivision 3, is amended to read:
Subd. 3. [CONSTRUCTIVE.] Constructive contempts are those
not committed in the immediate presence of the court, and of
which it has no personal knowledge, and may arise from any of
the following acts or omissions:
(1) misbehavior in office, or other wilful willful neglect
or violation of duty, by an attorney, clerk, sheriff, coroner,
or other person appointed or elected to perform a judicial or
ministerial service;
(2) deceit or abuse of the process or proceedings of the
court by a party to an action or special proceeding;
(3) disobedience of any lawful judgment, order, or process
of the court;
(4) assuming to be an attorney or other officer of the
court, and acting as such without authority;
(5) rescuing any person or property in the custody of an
officer by virtue of an order or process of such the court;
(6) unlawfully detaining a witness or party to an action
while going to, remaining at, or returning from the court where
the action is to be tried;
(7) any other unlawful interference with the process or
proceedings of a court;
(8) disobedience of a subpoena duly served, or refusing to
be sworn or to answer as a witness;
(9) when summoned as a juror in a court, neglecting to
attend or serve as such, improperly conversing with a party to
an action to be tried at such the court or with any person
relative to the merits of such the action, or receiving a
communication from a party or other person in reference thereto
to it, and failing to immediately disclose the same to the court;
(10) disobedience, by an inferior tribunal, magistrate, or
officer, of the lawful judgment, order, or process of a superior
court, proceeding in an action or special proceeding in any
court contrary to law after the same it has been removed from
its jurisdiction, or disobedience of any lawful order or process
of a judicial officer;
(11) failure or refusal to pay a penalty assessment levied
pursuant to section 626.861.
Sec. 85. Minnesota Statutes 1982, section 588.02, is
amended to read:
588.02 [POWER TO PUNISH; LIMITATION.]
Every court of justice and every judicial officer may
punish a contempt by fine or imprisonment, or both; and. In
addition thereto, when the contempt involves the wilful willful
disobedience of an order of the court requiring the payment of
money for the support or maintenance of a minor child, the court
may require the payment of the costs and a reasonable attorney's
fee, incurred in the prosecution of such the contempt, to be
paid by the guilty party; but,. When it is a constructive
contempt, it must appear that the right, or remedy of a party to
an action or special proceeding was defeated or prejudiced
thereby, by it before the contempt can be punished by
imprisonment or by a fine exceeding $50.
Sec. 86. Minnesota Statutes 1982, section 593.21, is
amended to read:
593.21 [MISCONDUCT OF OFFICER IN CHARGE OF JURY.]
Every officer to whose charge a jury shall be is committed
by a court or magistrate, who negligently or wilfully willfully,
and without leave of such the court or magistrate, permits them,
or any one of them, to receive any communication from any
person, to make any communication to any person, to obtain or
receive any book, paper, or refreshment, or to leave the jury
room, shall be is guilty of a misdemeanor.
Sec. 87. Minnesota Statutes 1982, section 609.27,
subdivision 1, is amended to read:
Subdivision 1. [ACTS CONSTITUTING.] Whoever orally or in
writing makes any of the following threats and thereby causes
another against his will to do any act or forebear doing a
lawful act is guilty of coercion and may be sentenced as
provided in subdivision 2:
(1) A threat to unlawfully inflict bodily harm upon, or
hold in confinement, the person threatened or another, when
robbery or attempt to rob is not committed thereby; or
(2) A threat to unlawfully inflict damage to the property
of the person threatened or another; or
(3) A threat to unlawfully injure a trade, business,
profession, or calling; or
(4) A threat to expose a secret or deformity, publish a
defamatory statement, or otherwise to expose any person to
disgrace or ridicule; or
(5) A threat to make or cause to be made a criminal charge,
whether true or false; provided, that a warning of the
consequences of a future violation of law given in good faith by
a magistrate, peace officer, or prosecuting attorney to any
person shall not be deemed a threat for the purposes of this
section.
Sec. 88. Minnesota Statutes 1982, section 609.415,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in sections 609.415
to 609.465, and 609.515,
(1) "Public officer" means:
(a) an executive or administrative officer of the state or
of a county, municipality or other subdivision or agency of the
state.;
(b) a member of the legislature or of a governing board of
a county, municipality, or other subdivision of the state, or
other governmental instrumentality within the state.;
(c) a judicial officer.;
(d) a hearing officer.;
(e) a law enforcement officer.; or
(f) any other person exercising the functions of a public
officer.
(2) A "Public employee" is means a person employed by or
acting for the state or by or for a county, municipality, or
other subdivision or governmental instrumentality of the state
for the purpose of exercising their respective powers and
performing their respective duties, and who is not a "public
officer."
(3) A "Judicial officer" includes means a judge, justice of
the peace or other magistrate, juror, court commissioner,
referee, or any other person appointed by a judge or court to
hear or determine a cause or controversy.
(4) A "Hearing officer" includes means any person
authorized by law or private agreement to hear or determine a
cause or controversy and who is not a judicial officer.
Sec. 89. Minnesota Statutes 1982, section 609.66,
subdivision 1, is amended to read:
Subdivision 1. [ACTS PROHIBITED.] Whoever does any of the
following is guilty of a misdemeanor:
(1) recklessly handles or uses a gun or other dangerous
weapon or explosive so as to endanger the safety of another; or
(2) intentionally points a gun of any kind, capable of
injuring or killing a human being and whether loaded or
unloaded, at or toward another; or
(3) manufactures or sells for any unlawful purpose any
weapon known as a slung-shot or sand club; or
(4) manufactures, transfers, or possesses metal knuckles or
a switch blade knife opening automatically; or
(5) possesses any other dangerous article or substance for
the purpose of being used unlawfully as a weapon against
another; or
(6) sells or has in his possession any device designed to
silence or muffle the discharge of a firearm; or
(7) without the parent's or guardian's consent, furnishes a
child under 14 years of age, or as a parent or guardian permits
such the child to handle or use, outside of the parent's or
guardian's presence, a firearm or airgun of any kind, or any
ammunition or explosive; or
(8) in any municipality of this state, furnishes a minor
under 18 years of age with a firearm, airgun, ammunition, or
explosive without the written consent of his parent or guardian
or of the police department or magistrate of such the
municipality.
Sec. 90. Minnesota Statutes 1982, section 611.07,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT.] When a defendant shall be is
charged upon indictment or information or complaint for any
felony or gross misdemeanor and shall request the magistrate
asks to have counsel appointed to assist in his defense, and
satisfied such magistrate by his own oath or other required
proof that he is unable, by reason of poverty, to procure
counsel, the county attorney shall immediately certify to the
judge of the district court of the county wherein the
preliminary examination is had that the defendant is without
counsel and that he has sworn, under oath, that he is
financially unable to procure counsel. The district court shall
then appoint counsel, not exceeding two, for such defendant,
prior to his preliminary examination by a magistrate, to be
paid, upon his order, by the county in which the indictment was
found, or complaint issued or information filed. If no counsel
is appointed prior to the preliminary hearing the court shall
appoint such counsel, not exceeding two, at any time thereafter
when the defendant is without counsel and has sworn under oath
that by reason of poverty he is unable to afford counsel.
Compensation for counsel for preparation and appearing in court,
together with all necessary and reasonable costs and expenses
incurred or paid in said defense, shall be fixed by the court in
each case appointed and compensated as provided for by law and
court rule.
Sec. 91. Minnesota Statutes 1982, section 611.17, is
amended to read:
611.17 [FINANCIAL INQUIRY; STATEMENTS.]
Upon a request for the appointment of counsel, the court or
magistrate shall proceed to make appropriate inquiry into the
financial circumstances of the applicant, who shall submit,
unless waived in whole or in part by the court, a financial
statement under oath or affirmation setting forth his assets and
liabilities, source or sources of income, and such any other
information as may be required by the court or magistrate. The
state public defender shall furnish appropriate forms for such
the financial statements. The information contained in such a
the statement shall be confidential and for the exclusive use of
the court or magistrate, except for any prosecution under
section 609.48. A refusal to execute a the financial statement
as provided herein shall constitute constitutes a waiver of the
right to the appointment of a public defender.
Sec. 92. Minnesota Statutes 1982, section 617.27, is
amended to read:
617.27 [SEARCH WARRANT; DESTRUCTION OF PROPERTY.]
Every A county or municipal court and justice of the peace,
upon complaint under oath that any person has in his possession
or under his control any of the obscene books, papers, or other
matter specified in sections 617.241 to 617.26, shall issue a
warrant directed to the sheriff or any constable of the county,
therein directing him to search for, seize, and take possession
of such the obscene matter; and,. Upon conviction of the person
in whose possession the same shall be obscene matter was found,
the judge shall cause such matter it to be destroyed, and the
fact to be entered upon the records of the court.
Sec. 93. Minnesota Statutes 1982, section 624.62, is
amended to read:
624.62 [BOARDING MOVING ENGINES OR CARS.]
It shall be unlawful for any person, other than a passenger
or employee, to get on or off, or attempt to get on or off, or
to swing on, or hang on from the outside of, any engine or car
or any electric motor or street car upon any railway or track,
while such the engine, car, motor, or street car is in motion,
or switching or being switched. Every person who shall violate
any of the foregoing provisions violates this section shall be
punished by a fine of not more than $10, and any sheriff,
constable, or police officer finding any person in the act of
violating any such provision this section shall arrest, take
before a proper court or magistrate, and make a verified
complaint against him for such the violation.
Sec. 94. Minnesota Statutes 1982, section 625.01, is
amended to read:
625.01 [CONSERVATORS OF THE PEACE.]
The judges of the several district, county, and municipal
courts of record, in vacation, within their respective
districts, as well as in open court, and all justices of the
peace, within their respective counties, shall have power to
cause all enforce laws made for the preservation of the public
peace to be kept and,. In the execution of that power, they may
require persons to give security to keep the peace, or for their
good behavior, or both, in the manner provided in this chapter.
Sec. 95. Minnesota Statutes 1982, section 625.02, is
amended to read:
625.02 [COMPLAINT TO MAGISTRATE JUDGE.]
When complaint shall be is made to any such magistrate
judge that any person has threatened to commit an offense
against the person or property of another, the magistrate judge
shall (1) examine the complainant, and any witness who may be
produced, on oath, and (2) reduce such the complaint to writing,
and (3) cause the same it to be subscribed by the complainant.
Sec. 96. Minnesota Statutes 1982, section 625.03, is
amended to read:
625.03 [WARRANT SHALL ISSUE, WHEN.]
If, upon examination, it shall appear appears that there is
just cause to fear that any such the offense may be committed,
the magistrate judge shall issue a warrant under his hand,
reciting the substance of the complaint, and requiring the
officer to whom it is directed forthwith to apprehend the person
complained of and bring him before such magistrate the judge, or
some other magistrate or court having jurisdiction of the cause.
Sec. 97. Minnesota Statutes 1982, section 625.04, is
amended to read:
625.04 [EXAMINATION.]
The magistrate judge before whom any person shall be is
brought upon charge of having made threats, as aforesaid, shall,
as soon as may be, immediately examine the complainant and
witnesses in support of the prosecution, on oath, in the
presence of the party charged, in relation to any matters
connected with such pertinent to the charge which are deemed
pertinent, after which. Witnesses for the prisoner, if he has
any, shall be subsequently sworn and examined, and he. The
prisoner may be assisted by counsel in such examination, and
also in the proceeding cross examination of the witnesses in
support of the prosecution.
Sec. 98. Minnesota Statutes 1982, section 625.05, is
amended to read:
625.05 [RECOGNIZANCE TO KEEP THE PEACE.]
If, upon examination, it shall appear appears that there is
just cause to fear that any such the offense shall will be
committed by the party complained of, he shall be required to
enter into a recognizance, with sufficient sureties, in such sum
as the magistrate judge directs, to keep the peace toward all
the people of this state, and especially toward the persons
requiring such the security, for such term as the magistrate
judge orders, not exceeding six months. He shall not be ordered
to recognize for his appearance at the district court, unless he
is charged with some offense for which he ought to be held to
answer to the court. Upon complying with the order of the
magistrate judge, the party complained of shall be discharged.
Sec. 99. Minnesota Statutes 1982, section 625.06, is
amended to read:
625.06 [PARTY COMMITTED, WHEN.]
If the person so ordered to recognize refuses or neglects
to comply with such the order, the magistrate judge shall commit
him to the county jail during the period for which he was
required to give security, or until he so recognizes, stating in
the warrant the cause of commitment, with the sum and time for
which security was required.
Sec. 100. Minnesota Statutes 1982, section 625.07, is
amended to read:
625.07 [DISCHARGE; COMPLAINANT LIABLE FOR COSTS, WHEN.]
If, upon examination, it shall does not appear that there
is just cause to fear that any such the offense will be
committed by the party complained of, he shall be forthwith
immediately discharged. If the magistrate judge deems the
complaint malicious, or without probable cause, he shall order
the complainant to pay the costs of prosecution, who. The
complainant shall thereupon then be answerable to the magistrate
judge and the officer for their fees as for his own debt.
Sec. 101. Minnesota Statutes 1982, section 625.08, is
amended to read:
625.08 [COSTS.]
When no order respecting the costs is made by the
magistrate judge, they shall be allowed and paid in the same
manner as costs before justices in criminal prosecutions. In
all cases where a person shall be is required to give security
to keep the peace, or for his good behavior, the magistrate
judge may further order the costs of prosecution, or any part
thereof of them, to be paid by such the person, who shall stand
committed until such the costs are paid or he is otherwise
legally discharged.
Sec. 102. Minnesota Statutes 1982, section 625.09, is
amended to read:
625.09 [APPEAL.]
Any person aggrieved by the order of any justice of the
peace county or municipal judge requiring him to recognize as
aforesaid may, on giving the security required, appeal to the
district court next to beholden in the same county, or that in
another county to which such county is attached for in the same
judicial purposes district.
Sec. 103. Minnesota Statutes 1982, section 625.10, is
amended to read:
625.10 [WITNESSES TO RECOGNIZE.]
The magistrate judge from whose order an appeal is so taken
shall require such any witnesses as he may think deems
necessary to support the complaint to recognize for their
appearance at the court to which appeal is made.
Sec. 104. Minnesota Statutes 1982, section 625.11, is
amended to read:
625.11 [PROCEEDINGS ON APPEAL.]
The court before which such the appeal is prosecuted may
affirm the order of the justice judge, or discharge the
appellant, or may require the appellant to enter into a new
recognizance, with sufficient sureties, in such sum and for such
time as the court thinks deems proper, and. The district court
may also make such an order in relation relating to the costs of
prosecution as it deems just and reasonable.
Sec. 105. Minnesota Statutes 1982, section 625.12, is
amended to read:
625.12 [FAILURE TO PROSECUTE APPEAL.]
If any party appealing shall fail fails to prosecute his
appeal, his recognizance shall remain in full force and effect
as to any breach of the condition, without an affirmation of the
judgment or order of the magistrate judge, and shall also stand
as a security for any costs which shall be ordered by the court
appealed to, to be paid by the appellant.
Sec. 106. Minnesota Statutes 1982, section 625.13, is
amended to read:
625.13 [DISCHARGE ON GIVING SECURITY.]
Any person committed for not finding sureties, or refusing
to recognize as required by the court or magistrate, may be
discharged by any judge or justice of the peace, on giving such
the required security as was required.
Sec. 107. Minnesota Statutes 1982, section 625.14, is
amended to read:
625.14 [RECOGNIZANCE TRANSMITTED TO DISTRICT COURT.]
Every recognizance taken in pursuance of section 625.13
shall be transmitted by the magistrate judge to the district
court for the county on or before the first day of the next
term, and shall be there filed and recorded by the clerk.
Sec. 108. Minnesota Statutes 1982, section 625.15, is
amended to read:
625.15 [RECOGNIZANCE WITHOUT PROCESS, WHEN.]
Every person who, in the presence of any court or
magistrate, shall make makes an affray, or threaten threatens
to kill or beat another, or to commit any violence or outrage
against his person or property, or who, in the presence of such
the court or magistrate, shall contend contends with hot and
angry words, to the disturbance of the peace, may be ordered,
without process or any other proof, to recognize for keeping the
peace, and being of good behavior for a term not exceeding six
months, and, in case of a refusal, may be committed as before
directed.
Sec. 109. Minnesota Statutes 1982, section 625.17, is
amended to read:
625.17 [JUDGMENT ON RECOGNIZANCE REMITTED, WHEN.]
When, upon an action brought on any such recognizance, the
penalty thereof shall be is adjudged forfeited, the court may
remit such a portion of the penalty, on the petition of any the
defendant, as the circumstances of the case rendered is just and
reasonable.
Sec. 110. Minnesota Statutes 1982, section 625.18, is
amended to read:
625.18 [SURRENDER OF PRINCIPAL; NEW RECOGNIZANCE.]
Any surety in a recognizance to keep the peace, or for good
behavior, or both, shall have authority and right to take and
surrender his principal and, upon such the surrender, shall be
discharged and exempted from all liability for any act of the
principal, subsequent to such the surrender, which would be a
breach of the condition of the recognizance. The person so
surrendered may recognize anew, with sufficient sureties, before
any justice of the peace judge, for the residue of the term, and
thereupon shall then be discharged.
Sec. 111. Minnesota Statutes 1982, section 626.04, is
amended to read:
626.04 [PROPERTY; SEIZURE, KEEPING, AND DISPOSAL.]
When any officer shall seize seizes, with or without
warrant, any property or thing, the same it shall be safely kept
by direction of the court or magistrate, so as long as may be
necessary for the purpose of being produced as evidence on any
trial, and then. After the trial the property or things thing
shall, unless otherwise subject to lawful detention, be returned
to the its owner thereof, or to such any other person as may
be entitled to the possession of the same and possess it. The
other things so Any property or thing seized may be destroyed or
otherwise disposed of under the direction of the court or
justice of the peace. Any money found in gambling devices when
seized shall be paid into the county treasury, or,. If such the
gambling devices are seized by a police officer of a
municipality, such the money shall be paid into the treasury of
such the municipality.
Sec. 112. Minnesota Statutes 1982, section 626.05,
subdivision 1, is amended to read:
Subdivision 1. [SEARCH WARRANT.] A search warrant is an
order in writing, in the name of the state, signed by a court of
record or by a justice of the peace in any county having no
municipal court other than a probate court, directed to a peace
officer, commanding him to make such a search as may be
authorized by law and to hold any item seized, subject to the
order of a court.
Sec. 113. Minnesota Statutes 1982, section 626.06, is
amended to read:
626.06 [JURISDICTION TO ISSUE.]
Search warrants may be issued by any court of record or by
a justice of the peace in any county having no municipal court,
other than a probate court, having jurisdiction in the area
wherein where the place to be searched is located.
Sec. 114. Minnesota Statutes 1982, section 626.09, is
amended to read:
626.09 [EXAMINATION OF PARTIES MAKING REQUEST.]
The court or justice of the peace may, before issuing the
warrant, examine on oath the person seeking the warrant and any
witnesses he may produce, and must. It shall take his affidavit
or their the affidavits in writing, and cause same them to be
subscribed to by the party or parties making same them.
Sec. 115. Minnesota Statutes 1982, section 626.11, is
amended to read:
626.11 [ISSUANCE OF WARRANT.]
If the court or justice of the peace court is thereupon
satisfied of the existence of the grounds of the application, or
that there is probable cause to believe their existence, he must
issue a search warrant, signed by him with his name of office,
to a peace officer in his county or to an agent of the bureau of
criminal apprehension, commanding him forthwith. The warrant
shall direct the officer or agent to search the person or place
named, for the property or things specified, and to retain such
the property or things in his custody subject to order of the
court or justice of the peace issuing the warrant.
Sec. 116. Minnesota Statutes 1982, section 626.14, is
amended to read:
626.14 [TIME OF SERVICE.]
A search warrant may be served only in the daytime unless
the court or justice of the peace determines on the basis of
facts stated in the affidavits that a nighttime search is
necessary to prevent the loss, destruction, or removal of the
objects of the search. The search warrant shall state that it
may be served only in the daytime unless a nighttime search is
so authorized.
Sec. 117. Minnesota Statutes 1982, section 626.15, is
amended to read:
626.15 [EXECUTION AND RETURN OF WARRANT, TIME.]
A search warrant must be executed and returned to the court
or justice of the peace who which issued it within ten days
after its date;. After the expiration of this time, the warrant
, unless executed, is void unless previously executed.
Sec. 118. Minnesota Statutes 1982, section 626.17, is
amended to read:
626.17 [RETURN AND INVENTORY.]
The officer must forthwith immediately return the warrant
to the court or justice of the peace, and deliver to him it a
written inventory of the property or things taken, verified by
the certificate of the officer at the foot of the inventory.
Sec. 119. Minnesota Statutes 1982, section 626.66, is
amended to read:
626.66 [ARREST; HEARING.]
If an arrest is made in this state by an officer of another
state in accordance with the provisions of section 626.65, he
shall, without unnecessary delay, take the person arrested
before a magistrate judge of the county in which the arrest was
made, who. The judge shall conduct a hearing for the purpose of
determining the lawfulness of the arrest. If the magistrate
judge determines that the arrest was lawful, he shall commit the
person arrested to await for a reasonable time the issuance of
an extradition warrant by the governor of this state, or admit
him to bail for such purpose. If the magistrate judge
determines that the arrest was unlawful, he shall discharge the
person arrested.
Sec. 120. Minnesota Statutes 1982, section 629.03, is
amended to read:
629.03 [DEMAND IN WRITING.]
No demand for the extradition of a person charged with
crime in another state shall be recognized by the governor
unless it alleges in writing alleging, except in cases arising
under section 629.06, that the accused was present in the
demanding state at the time of the commission of the alleged
crime, and that thereafter he subsequently fled from the state,
and. The demand shall be accompanied by a copy of an indictment
found or by information supported by affidavit in the state
having jurisdiction of the crime, or by a copy of an affidavit
made before a magistrate court there, together with a copy of
any warrant which was issued thereupon on it; or by a copy of a
judgment of conviction or of a sentence imposed in execution
thereof of it, together with a statement by the executive
authority of the demanding state that the person claimed has
escaped from confinement or has broken the terms of his bail,
probation, or parole. The indictment, information, or affidavit
made before the magistrate court must substantially charge the
person demanded with having committed a crime under the law of
that state; and. The copy of the indictment, information,
affidavit, judgment of conviction or sentence must be
authenticated by the executive authority making the demand.
Sec. 121. Minnesota Statutes 1982, section 629.13, is
amended to read:
629.13 [WHO MAY BE APPREHENDED.]
When any person within this state shall be is charged on
the oath of any credible person before any judge or magistrate
of this state with the commission of any crime in any other
state and, except in cases arising under section 629.06, with
having fled from justice, with having been convicted of a crime
in that state and having escaped from confinement, or having
broken the terms of his bail, probation, or parole, or when
complaint shall have has been made before any judge or
magistrate in this state setting forth on the affidavit of any
credible person in another state that a crime has been committed
in such the other state and that the accused has been charged in
such that state with the commission of the crime and, except in
cases arising under section 629.06, has fled from justice, or
with having been convicted of a crime in that state and having
escaped from confinement, or having broken the terms of his
bail, probation, or parole, and is believed to be in this state,
the judge or magistrate shall issue a warrant directed to any
peace officer commanding him to apprehend the person named
therein in it, wherever he may be found in this state, and to
bring him before the same or any other judge, magistrate, or
court who or which may be available in or convenient of access
to the place where the arrest may be made, to answer the charge
or complaint and affidavit, and. A certified copy of the sworn
charge or complaint and affidavit upon which the warrant is
issued shall be attached to the warrant.
Sec. 122. Minnesota Statutes 1982, section 629.14, is
amended to read:
629.14 [ARREST WITHOUT WARRANT.]
The arrest of a person may be lawfully made also by any
peace officer or a private person, without a warrant upon
reasonable information that the accused stands charged in the
courts of a state with a crime punishable by death or
imprisonment for a term exceeding one year, but. When so
arrested the accused must be taken before a judge or magistrate
with all practicable speed and complaint must be made against
him under oath setting forth the ground for the arrest as in
section 629.13; and. Thereafter his answer shall be heard as if
he had been arrested on a warrant.
Sec. 123. Minnesota Statutes 1982, section 629.15, is
amended to read:
629.15 [COURT MAY COMMIT TO JAIL.]
If from the examination before the judge or magistrate it
appears that the person held is the person charged with having
committed the crime alleged and, except in cases arising under
section 629.06, that he has fled from justice, the judge or
magistrate must, by a warrant reciting the accusation, commit
him to the county jail for such a time, not exceeding 30 days
and specified in the warrant, as will enable the arrest of the
accused to be made under a warrant of the governor on a
requisition of the executive authority of the state having
jurisdiction of the offense, unless the accused give gives bail
as provided in section 629.16, or until he shall be is legally
discharged.
Sec. 124. Minnesota Statutes 1982, section 629.16, is
amended to read:
629.16 [ADMIT TO BAIL.]
Unless the offense with which the prisoner is charged is
shown to be an offense punishable by death or life imprisonment
under the laws of the state in which it was committed, a judge
or magistrate in this state may admit the person arrested to
bail by bond, with sufficient sureties, and in such sum as he
deems proper, conditioned for his appearance before him at a
time specified in such the bond, and for his surrender, to be
arrested upon the warrant of the governor of this state.
Sec. 125. Minnesota Statutes 1982, section 629.17, is
amended to read:
629.17 [DISCHARGE.]
If the accused is not arrested under warrant of the
governor by the expiration of the time specified in the warrant
or bond, a judge or magistrate may discharge him or may recommit
him for a further period not to exceed 60 days, or. A judge or
magistrate may again take bail for his appearance and surrender,
as provided in section 629.16, but within a period not to exceed
60 days after the date of such the new bond.
Sec. 126. Minnesota Statutes 1982, section 629.18, is
amended to read:
629.18 [BOND FORFEITED.]
If the prisoner is admitted to bail, and fails to appear
and surrender himself according to the conditions of his bond,
the judge, or magistrate by proper order, shall declare the bond
forfeited and order his immediate arrest without warrant if he
be is within this state. Recovery may be had on such the bond
in the name of the state as in the case of other bonds given by
the accused in criminal proceedings within this state.
Sec. 127. Minnesota Statutes 1982, section 629.23,
subdivision 3, is amended to read:
Subd. 3. [PROCEDURAL REQUIREMENTS.] The application shall
be verified by affidavit, shall be executed in duplicate, and
shall be accompanied by two certified copies of the indictment
returned, or information and affidavit filed, or of the
complaint made to the judge or magistrate, stating the offense
with which the accused is charged, or of the judgment of
conviction or of the sentence. The prosecuting officer, parole
board, chief executive officer, or sheriff may also attach such
any further affidavits and other documents in duplicate as he
shall deem deemed proper to be submitted with such the
application. One copy of the application, with the action of
the governor indicated by endorsement thereon on it, and one of
the certified copies of the indictment, complaint, information,
and affidavits, or of the judgment of conviction or of the
sentence shall be filed in the office of the secretary of state
to remain of record in that office. The other copies of all
papers shall be forwarded with the governor's requisition.
Sec. 128. Minnesota Statutes 1982, section 629.31, is
amended to read:
629.31 [TIME OF ARREST.]
If the offense charged be is a felony, arrest may be made
on any day and at any time of the day or night; if it be is a
misdemeanor, arrest shall not be made on Sunday or between the
hours of 9:00 o'clock p.m. and 9:00 o'clock a.m. on any other
day unless upon the direction of the magistrate judge endorsed
upon the warrant.
Sec. 129. Minnesota Statutes 1982, section 629.36, is
amended to read:
629.36 [ARREST BY BYSTANDER.]
Such A peace officer may take before a magistrate judge a
person who, being engaged in a breach of the peace, shall be is
arrested by a bystander and delivered to him; and,. When a
public offense shall be is committed in the presence of a
magistrate judge, he may, by written or verbal order, command
any person to arrest the offender, and thereupon then proceed as
if the offender had been brought before him on a warrant of
arrest.
Sec. 130. Minnesota Statutes 1982, section 629.363, is
amended to read:
629.363 [CONDUCTOR; AUTHORITY TO ARREST.]
Every conductor of a railway train, with or without
warrant, may arrest any person committing any act upon such the
train specified in sections 609.605 and 609.72, and take him
before a magistrate judge or to the next railway station, and
deliver him to the proper officer, or to the station agent, who
shall take such the person before the proper magistrate judge or
deliver him to such the officer. Every such conductor and
station agent shall in such case possess all the powers of a
sheriff with a warrant.
Sec. 131. Minnesota Statutes 1982, section 629.364, is
amended to read:
629.364 [ARRESTS.]
Every person may, and every conductor or other employee on
any railway car or train, captain, clerk, or other employee on
any boat, station agent at any depot, officer of any fair or
fairground, proprietor or employee of any place of public
resort, with or without warrant, shall, arrest any person found
in the act of committing any of the offenses mentioned described
in section 609.52, subdivision 2, clause (4), or any person who,
he has good reason to believe, has been guilty of any such the
offense, and take him before a magistrate or court having
jurisdiction, and make written complaint under oath against
him. Every person so making such an arrest shall have the same
power and authority in all respects as an officer with a
warrant, including the power to summon assistance, and. The
person shall also arrest the person injured by reason of such
the offense, and take him before such magistrate or a court, who
which shall require him to give security for his appearance as a
witness on trial of the case; and he. The person shall receive
for such his services the same compensation as is provided for
sheriffs.
Sec. 132. Minnesota Statutes 1982, section 629.39, is
amended to read:
629.39 [PRIVATE PERSON MAKING ARREST, PROCEEDINGS.]
Every private person who shall have arrested arrests
another for the commission of a public offense shall, without
unnecessary delay, take him before a magistrate judge or deliver
him to a peace officer. If a person arrested shall escape or be
rescued escapes, the person from whose custody he has escaped
may immediately pursue and retake him, at any time and in any
place in the state, and. For that purpose, after notice of his
intention and refusal of admittance, he may break open any outer
or inner door or window of a dwelling house.
Sec. 133. Minnesota Statutes 1982, section 629.401, is
amended to read:
629.401 [DELAYING TO TAKE PRISONER BEFORE MAGISTRATE
JUDGE.]
Every public officer or other person having arrested any
person upon a criminal charge, who shall wilfully willfully and
wrongfully delay to take him before a magistrate judge having
jurisdiction to take his examination, shall be is guilty of a
gross misdemeanor.
Sec. 134. Minnesota Statutes 1982, section 629.403, is
amended to read:
629.403 [REFUSING TO MAKE ARREST OR TO AID OFFICER.]
Every person who, after having been lawfully commanded by
any magistrate judge to arrest another person, shall wilfully
neglect willfully neglects or refuse so refuses to do so, and
every person who, after having been lawfully commanded to aid an
officer in arresting any person, or in retaking any person who
has escaped from lawful custody, or in executing any legal
process, shall wilfully neglect willfully neglects or refuse
refuses to aid such the officer, shall be is guilty of a
misdemeanor.
Sec. 135. Minnesota Statutes 1982, section 629.41, is
amended to read:
629.41 [PROCESS, ISSUANCE.]
The Judges of the several courts of record, in vacation as
well as in term time, court commissioners, and all justices of
the peace, are authorized to issue process to carry into effect
the provisions of law for the apprehension of persons charged
with offenses.
Sec. 136. Minnesota Statutes 1982, section 629.44, is
amended to read:
629.44 [RECOGNIZANCE BY OFFENDER, DUTY OF MAGISTRATE
JUDGE.]
In every case where the offense charged in the warrant
shall is not be punishable by imprisonment in the Minnesota
Correctional Facility-Stillwater, upon request of the person
arrested, the officer making the arrest shall take him before a
magistrate judge of the county in which the arrest shall be is
made, for the purpose of entering into a recognizance without
trial or examination, and such magistrate. The judge may take
from him a recognizance with sufficient sureties for his
appearance before the court having cognizance jurisdiction of
the offense and next holden in such the county, and thereupon he
shall then be liberated. The magistrate judge taking bail shall
certify that fact upon the warrant, and deliver the same it,
with the recognizance so taken, to the person making the arrest,
who shall cause the same to be delivered deliver it, without
unnecessary delay, to the clerk of the court before which the
accused was recognized to appear; and,. On application of the
complainant, the magistrate judge who issued the warrant, or the
county attorney, shall cause such summon any witnesses to be
summoned as he deems necessary.
Sec. 137. Minnesota Statutes 1982, section 629.45, is
amended to read:
629.45 [BAIL REFUSED; PROCEEDINGS.]
If the magistrate judge in the county where the arrest was
made shall refuse refuses to bail the person so arrested and
brought before him, or if no sufficient bail shall be is
offered, the person having him in charge shall take him before
the magistrate judge who issued the warrant, or, in his absence,
before some other magistrate judge of the county in which the
warrant was issued, to be proceeded with as directed.
Sec. 138. Minnesota Statutes 1982, section 629.53, is
amended to read:
629.53 [BAIL; COMMITMENT.]
When at the close of an examination it shall appear appears
that an offense has been committed, and that there is probable
cause to believe the prisoner to be guilty, if the offense be
bailable by the magistrate judge, and the prisoner shall offer
offers sufficient bail or money in lieu thereof, it shall be
taken, and he shall be discharged; but. If no sufficient bail
be is offered, or the offense shall is not be bailable by the
magistrate judge, he shall be committed for trial. When cash
bail shall be is deposited in lieu of other bail, such the cash
shall be the property of the accused, whether deposited by him
personally or by any third person in his behalf. When cash bail
shall be is accepted by a judge of a court of record, he shall
order the same it to be deposited with the clerk, there to
remain who shall retain it until the final disposition of the
case and the further order of the court relative thereto to it.
Upon release, in whole or in part, the amount so released shall
be paid to the accused personally or upon his written order. In
case of conviction, the magistrate judge may order such the
deposit to be applied upon any fine imposed and, if such the
fine be is less than the deposit, the balance shall be paid to
the defendant. If the fine exceeds the deposit, the deposit
shall be applied thereon to it and the defendant committed until
the balance is paid, but such. The commitment shall not exceed
one day's time for each dollar of such the unpaid balance. Cash
bail in the hands of the court or any officer thereof of it
shall be exempt from garnishment or levy under attachment or
execution.
Sec. 139. Minnesota Statutes 1982, section 629.54, is
amended to read:
629.54 [WITNESSES TO RECOGNIZE, WHEN; COMMITMENT.]
When a prisoner shall be is admitted to bail, or committed
by the magistrate judge, he shall also bind by recognizance such
any witnesses against the prisoner as he shall deem deems
material, to appear and testify at the court to which the
prisoner is held to answer. If the magistrate shall be judge is
satisfied that there is good reason to believe that any witness
will not perform the conditions of his recognizance unless other
security shall be given, he may order him to enter into a
recognizance for his appearance, with such sureties as he shall
deem deems necessary; but,. Except in case of murder in the
first degree, arson where human life is destroyed, and cruel
abuse of children, he shall not commit any witness who shall
offer offers to recognize, without sureties, for his appearance.
Sec. 140. Minnesota Statutes 1982, section 629.55, is
amended to read:
629.55 [REFUSAL TO RECOGNIZE.]
A witness required to recognize, with or without sureties,
who refuses so to do, shall be committed by the magistrate judge
until the witness complies with the order, or is otherwise
discharged according to law. Every person held as a witness
during confinement shall receive the compensation the court
before whom the case is pending directs, not exceeding regular
witness fees. When a a minor shall be is a material witness,
any other person may recognize for the appearance of the
witness, or the magistrate judge may take recognizance of the
witness in a sum of not more than $50, which shall be valid and
binding in law notwithstanding the disability.
Sec. 141. Minnesota Statutes 1982, section 629.60, is
amended to read:
629.60 [RECOGNIZANCE; WHEN ACTION NOT BARRED.]
No action brought on any recognizance shall be barred or
defeated, nor judgment thereon on it arrested, by reason of any
neglect or omission to note or record the default of any
principal or surety at the term when it occurs, or by reason of
any defect in the form of the recognizance, if it shall
sufficiently appear from the tenor thereof at what court the
party or witness was bound to appear, and that the court or
magistrate before whom it was taken was authorized by law to
require and take it; and. When upon action brought upon any
recognizance to prosecute an appeal the penalty thereof shall be
is adjudged to be forfeited, or when by leave of court such the
penalty has been paid to the county treasurer or clerk of court
without suit or before judgment in a manner provided by law, if
by law any forfeiture accrues to any person by reason of the
offense of which appellant was convicted, the court may award
him such the sum as he may be is entitled to out of such
the forfeiture.
Sec. 142. Minnesota Statutes 1982, section 629.62, is
amended to read:
629.62 [APPLICATION FOR BAIL, JUSTIFICATION.]
When a party in custody shall desire desires to give bail,
the offense being bailable, and the district court shall is not
be in session in the county, he may apply to a judge thereof of
district court, or a judge of the supreme court, upon his
affidavit showing the nature of the application and the names of
the persons to be offered as bail, with a copy of the mittimus
or papers upon which he is held in custody. Such The judge may
thereupon then, by order, direct the sheriff to bring up such
the party, at a time and place named, for the purpose of giving
bail. Notice of the application shall be given to the county
attorney, if within the county, and no matters shall be inquired
into except such as those which relate to the amount of bail and
the sufficiency of the sureties. Sureties shall in all cases
justify by affidavit, or upon oral examination before the court,
judge, or magistrate, as the case may be.
Sec. 143. Minnesota Statutes 1982, section 630.17, is
amended to read:
630.17 [FINE, HOW COLLECTED.]
If the corporation shall be is found guilty and a fine
imposed, it shall be entered and docketed by the clerk, justice
of the peace, county judge, or municipal judge, as the case may
be, as a judgment against the corporation, and. It shall be of
the same force and effect, and be enforced against the
corporation in the same manner, as if the judgment had been
recovered against it in a civil action.
Sec. 144. Minnesota Statutes 1982, section 630.37, is
amended to read:
630.37 [REGISTER.]
The clerk shall keep a register of all criminal actions, in
which he shall enter:
(1) All cases returned to the court by a magistrate,
whether the defendant is discharged or held to answer;
(2) all indictments found in the court, or sent or removed
thereto to it for trial, with the time of finding the
indictment, or when it was sent or removed; and
(3) (2) the time of arraignment, of the demurrer or plea,
and of the trial, conviction, or acquittal of the defendant,
together with a brief note of all the other proceedings in the
action.
Sec. 145. Minnesota Statutes 1982, section 631.04, is
amended to read:
631.04 [EXCLUDING MINORS; DUTY OF OFFICER; PENALTY.]
No person under the age of 17 years, not a party to,
witness in, or directly interested in a criminal prosecution or
trial being heard before any district, county, or municipal,
police, or justice court, shall attend or be present at such the
trial; and. Every police officer, constable, sheriff, or other
officer in charge of any such a court and attending upon the
trial of any such criminal case in any such the court, shall
exclude every minor from the room in which such the trial is
being had every such minor held, except when he the minor is
permitted to attend by order of the court before which the trial
shall be had; and every is being held. Any police officer,
constable, sheriff, or deputy sheriff who shall knowingly
neglect neglects or refuse refuses to carry out the provisions
of this section shall be guilty of a misdemeanor and punished by
a fine of not less than $10 nor more than $25.
Sec. 146. Minnesota Statutes 1982, section 636.08, is
amended to read:
636.08 [TRIAL OF MINORS.]
At the hearing or trial of a minor under the age of 18,
charged with any crime, the trial judge or magistrate, prior to
his being brought into the courtroom, shall clear the same
courtroom of all persons except officers of the court, including
attorneys, witnesses, relatives, and friends.
Sec. 147. Minnesota Statutes 1982, section 641.07, is
amended to read:
641.07 [PRISONERS, LABOR.]
Every able bodied male prisoner over 16 years of age
confined in any county jail or statutory city lockup under
judgment of any court of record, justice court, or other
tribunal authorized to imprison for the violation of any law,
ordinance, bylaw, or police regulation, may be required to labor
during the whole or some part of the time of his sentence, but
work for not more than ten hours per day. Such The court or
tribunal, when passing judgment of imprisonment for nonpayment
of fine or otherwise, shall determine and specify whether such
or not the imprisonment shall be at hard labor or not. Such The
labor may be in the jail or jail yard, upon public roads and
streets, public buildings, grounds, or elsewhere in the county.
Upon request, persons awaiting trial may be allowed, upon
request, to perform such labor. Each prisoner performing labor
may be paid a reasonable compensation by the county if
imprisoned in violation of state law or awaiting trial upon a
charge thereof, and by the city if confined for the violation of
any ordinance, bylaw, or police regulation;. The compensation
to shall be paid to the wife, family, or dependents of such the
prisoner, or such any other person as the court sentencing him
may direct, and directs. It shall be in such an amount as
such that the court shall determine upon application of the
person or official under whose superintendence the work shall be
performed, and determines. It shall be allowed by the board of
county commissioners of or the governing body of the city upon
such order of the court.
Sec. 148. Minnesota Statutes 1982, section 641.25, is
amended to read:
641.25 [DISTRICT JAILS; HOW DESIGNATED.]
The commissioner of corrections, with the consent of the
county board, may designate any suitable jail in the state as a
district jail, to be used for the detention of prisoners from
other counties in addition to those of its own, and, when such.
If the jail or its management becomes unfit for such that
purpose, he may rescind its designation. Whenever there is no
sufficient jail in any county, the examining magistrate county
or municipal judge, upon his own motion, or the judge of the
district court, upon application of the sheriff, may order any
person charged with a criminal offense committed to a sufficient
jail in some other county. If there be is a district jail in
the judicial district, he shall be sent thereto to it, or to any
other nearer district jail designated by the magistrate or
judge, and. The sheriff or of the county containing such
the district jail, on presentation of such the order, shall
receive, keep in custody, and deliver him up upon the order of
such the court, or a judge thereof.
Sec. 149. Minnesota Statutes 1982, section 648.39,
subdivision 3, is amended to read:
Subd. 3. [CITY AND TOWN OFFICERS.] Each city and town
shall purchase from the revisor of statutes, for the use of each
justice of the peace, judge of the municipal court, clerk of the
municipal court, and clerk of the city or town, as the case may
be, the number of copies the city or town determines is needed.
Sec. 150. [COURT STUDY COMMISSION.]
Subdivision 1. [CREATION.] There is created a court study
commission whose purpose shall be to study the structure of the
state court system to determine the desirability of unifying the
current county, municipal, and district courts into a single
trial court.
Subd. 2. [MEMBERSHIP; CHAIRMAN.] The commission shall
consist of 16 members as follows: four members of the senate
appointed by the subcommittee on committees of the committee on
rules and administration; four members of the house of
representatives appointed by the speaker of the house; two
district court judges and two county or municipal court judges
appointed by the chief justice; the chief justice of the supreme
court or his designee; and three members appointed by the
governor. The commission shall elect a chairman from its
membership.
Subd. 3. [REPORT TO THE LEGISLATURE.] On or before January
1, 1984, the commission shall submit to the chairmen of the
judiciary committees in the house of representatives and the
senate its recommendations whether to unify the current county,
municipal, and district courts into a single trial court.
Subd. 4. [STAFF.] The judicial planning committee shall
provide staff for the commission. Members shall receive travel
and other expenses in the same manner as state employees.
Sec. 151. [REPEALER.]
Minnesota Statutes 1982, sections 357.14; 357.15; 367.03,
subdivision 4; 367.21; 388.02; 412.02, subdivision 5; 412.171;
487.01, subdivision 8; 488A.283; 488A.284; 492.02, subdivision
2; 542.15; 549.16; 599.21; 599.22; 599.23; 609.46; 629.56;
629.66; and 629.71; are repealed.
Sec. 152. [EFFECTIVE DATE.]
Section 150 is effective the day following final enactment.
Approved June 14, 1983
Official Publication of the State of Minnesota
Revisor of Statutes