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
suchthe office, or for any other political purpose whatsoever, or for reimbursement or indemnification of any person for money or property soused 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 suchviolation, and any person who solicits or knowingly receives any money or property in violation of this section, shall beis guilty of a gross misdemeanor , and. Any officer aiding or abetting in any contribution made in violation of this section shall beis liable to the company or association for the amount socontributed. 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 sotestify or produce evidence, documentary or otherwise, and no testimony sogiven 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 anyA person shall askwho 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 bewho is nevertheless directed to give suchthe testimony or produce suchthe evidence, he must nonethelessshall comply with suchthe direction , but. However, he shall not thereaftersubsequently be prosecuted or subjected to any penalty or forfeiture for or on accountbecause of any transaction, matter, or thing concerningabout which he may testify or producetestified or produced evidence pursuant thereto, and no testimony sogiven or evidence produced shall be received against him upon any criminal action, investigation, or proceeding ; provided, however, that. No such individual soperson testifying shall beis exempt from prosecution or punishment for anyperjury committed by him while sotestifying, and the testimony or evidence sogiven or produced shall be admissible against him upon any criminal action, investigation, or proceeding concerning suchthe 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 suchAn individual may execute, acknowledge, and file in the office of the commissioner a statement expressly waiving suchimmunity or privilege in respect to any transaction, matter, or thing specified in the statement, and thereuponthe testimony of that person or any evidence in relation to that transaction, matter, or thingit 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 shallis not beentitled to any immunity or privilege on account of any testimony he may so givegiven or evidence soproduced 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 magistratehaving 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 magistratehaving jurisdiction of the offense and request the court or magistrateto issue a warrant of arrest in suchthe 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 herebyauthorized and empoweredto: (1) toexecute and serve all warrants and processes issued by any justice of the peace or magistrate or by anycourt 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 anya 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 suchthe 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 chapterslaw listed in clause (2), which is punishable as a misdemeanor, andis 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 whowhich has jurisdiction within the county in which the offense chargedis 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 soto appear before the court or magistrateby signing, in quadruplicate, the written notice prepared by the arresting officer. The officer shall retain the original of the notice and deliver the copy thereofmarked "SUMMONS" to the person arrested. ThereuponThe officer shall then release the person from custody. On or before the return day, the officer shall make areturn thereofthe notice or summons to the court or magistratebefore whom the notice or summonsit is returnable. If the person sosummoned fails to appear on the return day, the court or magistrateshall 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 magistratejudge, 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 receptacleplace, not otherwise authorized herein to be entered, inspected and searched, such magistratethe judge shall issue a search warrant and cause a search to be made of suchthe 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 suchthe warrant shall be safely kept under the direction of the court or magistrateso long as necessary for the purpose of being used as evidence on any trial, and thereaftersubsequently 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 subdivisionhaving 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 subdivisionmay make arrests for suchviolations committed anywhere within the district in likethe same manner and with like effectas for violations of statutorycity ordinances or for statutory misdemeanors. All fines collected in such casesshall 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 anwho accepts election or appointment uponto any school board and refusingwho refuses or neglectingneglects to qualify or to serve or to perform any of the duties of the office, shall forfeitbe fined $10 for each offense the sum of $10 to. The fine shall be collected in an action before a justice of the peace, tocounty or municipal court. It may be prosecuted in the name of the district by any school board member of the districtor by anyeligible 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 madea misdemeanor for any person, not a pupil of suchthe schools, to be upon theschool grounds, or to enter any school building, for the purpose of "rushing" or soliciting , while there,any pupil of suchthe schools to join any fraternity, society, or association organized outside of the schools. AllMunicipal and county courts and justice courts in this state shallhave jurisdiction of alloffenses committed under this subdivision and. All persons found guilty of such offensesshall 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 tothe county treasurer , when situated outside of the corporate limits of any city,or, upon failure to pay suchthe 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 enforcereasonable 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 mayThe rules shall not conflict with a statute orwith the charter or ordinance of a city of the first class upon the same subject. The commissioner may control, by adoption of regulationsrule, 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 andboarding places for infants and the treatment of infants thereinin 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 diseasethose diseases, and the reporting of sicknesses and deaths therefromfrom them; Provided, thatNeither the commissioner nor any local board of health nor director of public health shall have authority to make ormay adopt any rule or regulation for the treatment in any penal or correctional institution of any person suffering from any suchcommunicable disease or venereal disease or infection, which rule or regulationrequires the involuntary detention thereinof any person after the expiration of his period of sentence to suchthe 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 boardthe 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 suchthose cases and in suchthe manner asthat the commissioner may directdirects, unless specifically objected to by the parents ora parent of suchthe 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 suchthe child has not been vaccinated; any person thusrequired to be vaccinated may select for that purpose any licensed physician and no rule shall require the vaccination of any child whose physician shall certifycertifies 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 theits removal thereof; (11) The collection, recording, and reporting of vital statistics by public officers and the furnishing of information to such officersthem 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 suchthe 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 caseAny person shall betaken into custody because of any violation of any of the provisions of this chapter, heshall forthwithbe taken before any magistrate or justice of the peacejudge in any city or county, and beis entitled to an immediate hearing ; and,. If suchthe hearing cannot be had, the person shall be released on giving his personal undertaking to appear and answer for suchthe violation at sucha time or place as shallthen be indicateddesignated, 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 caseor (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 officerthe 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 beis 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 thereafterunder this section shall require a minimum fine in the amount of $100. Any judge or magistratemay, 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 orany otherlaw 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 magistratejudge within the county in which the offense charged is alleged to have been committed and who has jurisdiction of suchover 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 magistratejudge; (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 hereinafterprovided in subdivision 3. Subd. 3. [NOTICE TO APPEAR.] When a person is arrested for any violation of this chapter orany otherlaw or ordinance relating to motor vehicles, their registration or thetheir 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 magistratejudge 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 magistratejudge, as provided in this section, and acts amendatory thereof,the arrested person must give his written promise soto 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 thereofmarked "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 herebyempowered 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 orany othertraffic 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 magistratejudge 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 everyclerk of acourt of record,shall keep a full record of every case in which a person is charged with anya violation of this chapter orof any otherlaw ,or cityordinance, 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 otherany law ,or cityordinance, regulating the operation of vehicles on highways, every magistrate ofthe court, orclerk of the court of recordin which suchthe conviction was had or bail was forfeited, shall prepare andimmediately forward to the department of public safety an abstract of the record of the court covering the case in which the person was soconvicted or forfeited bail , which. The abstract must be certified by the person sorequired to prepare the sameit 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 recordshall also forward a likereport to the department of public safety uponreporting 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 suchjudicial officer to comply with any of the requirements of this section shall constitute misconduct in the office and shall be groundgrounds 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 peacehaving 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 peacehaving 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 anydistrict 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 byan 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 theretoforepreviously issued to him for the class of vehicle which he was driving andwhich 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 suchofficer, write his name in the presence of suchthe officer in order thatto 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 suchlaws or ordinances, except parking violations and exceptdefective 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. ThereCosts 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 suchan employee as is described inpursuant to sections 181.13 to 181.17 for the recovery of unpaid wages after the time when suchthe wages shall havebecome 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 suchthe 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 actionsaddition 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 allincluding domestic animals killed or injured by its negligence ; and,. If it failfails to pay the actual damages occasionedcaused by suchthe killing or injury within 30 days after suchthe 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. SuchThe company, before the commencement of an action, may make tender for suchthe injury , and. If the amount recovered, exclusive of interest, shalldoes not exceed the tender, the plaintiff shall not recover nocosts noror 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 peacecounty or municipal judge of the county in which suchthe violation occurs upon the complaint of any person;. One-half of suchthe forfeiture toshall go to the complainant and one-half to the school fund of the countydistrict where the violation occurs. Sec. 23. Minnesota Statutes 1982, section 290.58, is amended to read: 290.58 [EXAMINERS, POWERS OF.] SuchThe 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 thesubpoenaing 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 suchexaminer, shall issue a subpoena for the attendance of any witness or the production of any books, papers, records, or memoranda before suchthe examiner. The commissioner may also issue subpoenas for the appearance of witnesses before him or before suchthe examiners. The commissioner may appoint suchreferees as he deems necessaryto review, singly or as a board of review, the reports of the income tax examiners and petitions or complaints of taxpayers, and report thereonon 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 acontempt of the district court. Sec. 24. Minnesota Statutes 1982, section 297A.42, subdivision 2, is amended to read: Subd. 2. [POWERS.] SuchThe 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 suchexaminer, 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 suchsubpoenas. 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 acontempt 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 otherofficer of any corporation mentioned in this section, or his duly authorized agent who has personal knowledge of the facts, shall makemakes an oath in writing before any justice of the peace or policejudge, or other magistrate,that the party making affidavit has reason to believeand does believe that any of his, her, itsthe person's or theirthe 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 suchthe containers without the written consent of the owner of the name, initials or trade mark, the magistratejudge 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, andthe containers. The judge may also cause to be brought before himorder the person in whose possession the containers may beare found to appear, and shall theninquire into the circumstances of the possession ; and. If the magistratejudge finds that the person has been guilty of a violation of this section, he shall impose the punishment hereinprescribed, and he shall alsoaward the possession ofproperty taken upon the search warrant to theits 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 orany 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 thecourt or the justice of the peaceshall, 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 suchthis purpose, the conductor has the same power and authority as any peace officer, including the power to summon assistance, and such conductor has powerto deliver any suchthe person arrested to any policeman, constable or otherpublic officer of the county in which suchthe offense was committed , and. It shall be the duty of suchthe officer to bring the person charged with suchthe offense before the nearest justice of the peacecounty or municipal court of the county where the offense was committed and to make a complaint against suchthe 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 suchproperty beis 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 beis in a state of decay, or manifestly liable to decay, it may be summarily sold by order of a justice of the peace orany 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 beis not known, and cannot be ascertained with reasonable diligence be ascertained, published notice for the prescribed periods aforesaidshall 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 suchthe property shalldoes not take the sameit away and pay the charges thereon,on it after notice as aforesaid shall havehas 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, orto 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 himof suchthe affidavit, the justice orjudge shall cause the property to be opened and examined in his presence and a true inventory thereofmade , andof it. He shall annex to suchthe inventory an order , under his hand,that the property thereindescribed be sold ,at public auction ,by any constable or policepeace officer of the municipality or town where the same shall beit 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 suchthe 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 aforesaida return of his proceedings thereonon it, and return the sameit to the justice orclerk of the municipalcourt, 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 suchthe sale the justice orclerk of the municipalcourt 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, heshall immediately paybe paid to the treasurer of the county where suchthe 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 suchthe 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 JUSTICESCLERKS AND CONSTABLES.] For services performed under the provisions of this chapter, justices of the peace orclerks 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 behave it appraised by a justice of the peace of such town, andcounty or municipal judge. The certificate of suchappraisement shall be filed with the town clerk. The finder shall pay the justice50 cents for suchthe certificate ,and six cents per mile for each mile necessarily traveled to make the sameappraisal. 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 suchestray, at any time within one year after suchnotice is filed with the town clerk, may have the sameit restored to him upon proving his right theretoto it and paying all lawful charges that occur in relation to the sameit. If suchthe person and the finder cannot agree as to the amount of suchthe charges, or upon what should be allowed for the use of suchthe estray, either party, on notice to the other, may apply to a justice of the peace of such towncounty or municipal court judge to settle the same, who for that purposedisagreement. The judge may examine witnesses on oath. If any amount shall be found dueis owed to the finder, over the value of the use of suchthe estray, the samemoney, with costs, shall be a lien upon suchthe estray , and. The costs of suchthe adjudication shall abide the decision of the justicebe 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 suchthe 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 suchthe distress, he will apply to a designated justice of the peacecounty or municipal judge of the county for the appointment of appraisers to appraise the damages. If the owner beis unknown ,or does not reside in the county, the distraining person shall apply for the appointment of suchappraisers within 24 hours after suchthe distress without notice. Upon suchAfter the application, the justicejudge shall appoint in writingthree disinterested freeholdersresidents of suchthe 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 suchthe dog, and giving hisincluding the name and that of hisof the dog and its owner, ifor stating that the name or names are not known , and, if not, so stating, and alleging that suchthe dog is a public nuisance, the justicejudge shall issue a summons, if suchthe owner is known, commanding him to appear before the justice at his officejudge at a specified time therein stated, not less than six ,nor more than ten ,days from the date thereofof the summons, to answer suchthe complaint. The summons shall be served not less than six days before the day of the hearing thereon,in the same manner as other justicecounty 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 sucha complaint has been made, and the time and place of hearing thereonon it, shall be given in the town where such justice residesthe judge presides. Sec. 39. Minnesota Statutes 1982, section 347.06, is amended to read: 347.06 [HEARING; JUDGMENT; EXECUTION.] On the day of hearingThe justicejudge shall hear the evidence in the case , and,. If he shall find therefromfinds that suchthe dog is a public nuisance, he shall enter judgment accordingly, and thereuponshall order the constable to kill and burydispose 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 collectedby a constable shall be as follows , and no other or greater fees shall be charged: (1) for serving a warrant or other writ, not hereinotherwise provided for, 25 cents for each person named thereinin 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 thereinin it and served; provided, that any suchsummons 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 hereinotherwise 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, atnot to exceed $1 per day while having suchthe prisoner in custody pending trial and while conducting suchthe prisoner to jail, together with the transportation charges for the prisoner paid to a common carrier. WhereIf 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 samefees as are allowed to justices of the peace for like servicesprescribed 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 goingto and returningfrom 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 sameit, 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 JUSTICEJURORS.] Each juror sworn before a coroner at an inquest taken by himshall receive $3 for each day's attendance and ten cents for each mile traveled in going to and returning from the placesite of holdingthe same,inquest. The distance toshall 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, orbefore 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 suchthe 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 suchthe 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 suchthe service than he isallowed by law , and. No fee or compensation shall be demanded or received by any officer or person for any service unless the sameit was actually rendered, except in the case of prospective costs , as hereinafter specified. Any person violating either of the foregoingthese provisions shall beis 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 residewhile 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 bookrecord kept for that purpose ; and thereafter. The clerk, when requested, shall certify to his official acts in the samemanner and for the samefees allowed by law for similar certificates to authenticate acts of justices of the peaceprescribed 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 samepower to compel the attendance of and to punish witnesses for refusing to testify as may be vested by law in justices of the peace, andprovided 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 361.28collected from persons apprehended or arrestedconvicted 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, municipalclerk of court ,or other person or officercollecting such fines, forfeited bail money or installments thereof,the moneys within 15 days after the last day of the month in which such moneysthey were collected , to the county treasurer of the county where the violation occurred. One-half of suchthe receipts shall be credited to the general revenue fund of the county. The other one-half of suchthe receipts shall be transmitted by the county treasurer to state treasurer to be deposited to the credit ofin 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 suchthe meeting and the particular business to be transacted thereatat it and that the interests of the town require that suchthe 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 nextpreceding 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 suchthe meeting. It may also meet at suchany other times as it deems necessaryfor 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 ofitemize the sameaccount. 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 thereinin 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 thereofof 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 histown constable, a written notice stating thereinthe 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 havea constable is qualified, and, upon the resignation of a justice orconstable, to immediately transmit to suchnotify the clerk notice thereof; (6) to record every request for any special vote or special town meeting, and properly post the requisite notices thereofof 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 samethey 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 respectingabout fiscal affairs of the town in his possession, and all accounts, claims, and demands against the town filed with him; and (9) to perform suchany other duties as arerequired of himby 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 hiselection 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 suchdepartments and advisory boards and appoint suchofficers, employees, and agents for the town as may bedeemed 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 himofficially received by him. Unless otherwise prescribed by law, the amount of suchthe bonds shall be fixed by the town board. The bonds furnished by the clerk ,and treasurer , and justices of the peaceshall 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 andany 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 suchappeal to be filedin 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 forthwithnotify the county attorney thereofof the appeal. When any claim against a county shall beis allowed ,in whole or in part ,by suchthe board, no order shall be issued in payment of the sameto pay it or any part thereofof it, until afterthree days fromafter the date of the decision; and. The county attorney may, on behalf and in the name of suchthe county, appeal from suchthe decision to the district court, by causingfiling a written notice of suchappeal to be filedin 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 suchthe decision to the district court by causing(1) filing a written notice of appeal ,stating the grounds thereof, to be filedfor it in the office of the auditor within three days after the date of the decision appealed from, and (2) giving to the claimantsecurity 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 suchthe claim until a certified copy of the judgment of the court shall beis filed in the office of the auditor. Upon filing of sucha notice of appeal, the court shall acquirehas 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 ANDCONSTABLES IN CERTAIN UNORGANIZED TERRITORY.] In any county of this statehaving no organized townships or in which the distance from anya 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 townshipis entirely separated from the town or municipality or county-seatcounty seat by water, the county board of suchthe county may appoint one or more justices of the peace andone or more constables for suchthe unorganized township , who. The constables shall have the same powers and duties as like officersconstables in towns in the county. Before entering upon their duties such officers, the constables shall give bond to the county in sucha penal sum as the county board shall determine, whichdetermines. The bonds shall be otherwise conditioned as bonds for such officers in towns in the county. SuchThe bonds shall be approved by the county board and filed with the clerk of thedistrict 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 forthwithimmediately or at sucha specified time and place as he shall direct. The persons served with suchthe subpoenas shall be allowed the samefees, their attendance shall be enforced in the samemanner by the coroner, and they shall be subject to the samepenalties as if they has been served with a subpoena in behalf of the state in a criminal case before a justice of the peaceprovided 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 suchthe offense is not in custody, the coroner shall have the same power as a justice of the peacecounty 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 orcourt having jurisdiction in the case , whoand the court shall proceed thereinin the same manner as in other likesimilar 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, orbefore 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 suchthe 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 sucha time and place as he shall directthe judge directs. The persons served with suchsubpoenas 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 peacecounty 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 suchthe offense is not in custody, the probatejudge shall havehas the samepower as a justice of the peaceto issue process for his apprehension ; and such. The warrant shall be made returnable before any justice of the peace or other magistrate orcourt having jurisdiction in the case , who. The court shall proceed thereinin the same manner as in other likesimilar 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 sucha 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 makefile a complaint thereof towith a justice of the peace, and such justicecounty or municipal court. The court shall thereuponissue 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 5Sec. 63. Minnesota Statutes 1982, section 412.021, subdivision 2, is amended to read: Subd. 2. [OFFICERS TO BE ELECTED.] There shall be elected at suchthe election a mayor and, where otherwise permitted by law, a justice of the peace, eachfor 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 citywhich has established the office of city administrator by ordinance may continue suchthe 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 suchdepartments and advisory boards and appoint suchofficers, employees, and agents for the city as may bedeemed 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 himofficially received by him. Unless otherwise prescribed by law, the amount of suchthe bonds shall be fixed by the council. The bonds furnished by the clerk ,and treasurer , and justices of the peaceshall 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 andany 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 samemanner as from judgments of justices of the peace in civil actions; but,prescribed by court rule. If taken bythe 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 asit may find expedient ordeems necessary for carrying into effectthe 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 insections 473.601 to 473.679. Any person violating any suchrule, regulation or ordinance shall beis guilty of a misdemeanor. (2) The prosecution may be in any municipal court sitting within either the city of Minneapolis or St. Paul, orbefore a county or municipal court or justice of the peacehaving 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 shallarrest and prosecuteoffenders. 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 aportion of the fines necessary to cover all costs and disbursements incurred in the matter of theprocessing and prosecuting ofthe 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 effectenforce 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 givingtheir 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 mailingmail a copy thereofof 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 effectenforced 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 thenceforththen 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 ordinanceit. The petition shall set forth a clear statement of the facts and grounds upon which reconsideration, amendment, modification or waiver is soughtit 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 anyanother court of recordof the state or the United States, and a minute of each paper filed in the cause, and all proceedings thereinin them; (2) a judgment roll, in which everyfor each judgment shall be enteredrendered; (3) a docket, in which he shall enterenters 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 magistratesit 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 anduntil a transcript thereofof 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 suchthe 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 peaceprescribed 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 sucha certified transcript while a writ of execution is outstanding on the judgment. He shall note on the record of suchthe judgment the fact that suchthe 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 actsections 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 magistratesit 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 suchname, mark, or device or who has acquired from such personthe owner in writing the ownership of suchthe name, mark, or device or the right to the exclusive use thereofof it, or anyone representing suchthe person, shall make oathswears before any magistratejudge that he has reason to believe and does believe that any receptacle bearing suchthe name, mark, or device is being unlawfully used or filled or had in possessionpossessed by any person such magistrate, the judge shall thereuponissue a search warrant to discover and obtain suchthe receptacle ; and. The judge may also cause the person in whose possession suchpossessing the receptacle shall be foundto be brought before him and; he shall then inquire into the circumstances of suchpossession , and. If it shall be found that suchthe person is found guilty of violation ofviolating any provisions of sections 509.01 to 509.06, he shall be punished as hereinprescribed and the possession of the property taken upon suchthe warrant shall be awarded to theits owner thereof; but. The remedy givenprovided by this section shallis not be held to beexclusive, and offenders againstviolators 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 sucha lien shall , within six months from and after the date of filing such lien statement,commence suit for the recovery of suchthe charges by summons, in the usual form, before any justice of the peace of the town in which he resides, or in anythe appropriate court , as the case may require,against the person liable for the payment thereof. Before any suchlien claimant shall commencecommences any action to foreclose such lienit, he shall give the person against whom he proposes to bring suchthe action at least 20 days' notice in writing of his intention to foreclose such lienit. 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 makemakes an assessment of damages therein,shall , in addition to finding the sum due the plaintiff, also find that the same isalso determine whether or not the amount due for the cost of shoeing the horse, mule, ox, or otheranimal described in plaintiff's declaration , andis a lien upon the same; provided, thatanimal. If the court ,or jury , or justice of the peace shall findfinds 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 plaintiffand shall notrecover or tax anyonly those costs other than thoseallowed and taxable in suchthe 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 suchthe bond or security is filed, unless the court, for cause other than the residence of the defendant, shall changechanges the venue. An action against a nonresident defendant proceeded against by attachment may be brought in any county wherein suchin 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 havingwho employed another to perform any labor or service , shall neglectneglects or refuserefuses to pay the agreed price, or the reasonable value if there is no agreement, for 30 days after the sameit is due and payment is demanded to pay the agreed price, or the reasonable value if there be no agreement, and the same shall bethe payment is recovered by action, there shall be allowed to the plaintiff, and included in his judgment, in addition toall 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 uponany otherunharvested crops ;, but no sale shall be made thereunderuntil the same isthey are ripe or fit to be harvested ; and. Any levy thereonunder an execution issued by a justice of the peace or anycourt of recordshall be continued beyond theits return day thereof,if necessary ,and its execution may be completed at any time within 30 days after the same isthe 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 thereofof the denial shall operate as a full discharge of the garnishee at the end of 20 days from the date of service of suchthe 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 suchthe discharge. The court may, upon proper showing, relieve the judgment creditor from the operation of suchthe 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, andThe 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 justicecounty 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 districtsdistrict, municipal and justicecounty courts, and all statutes or parts thereoflaws inconsistent herewithwith this chapter are hereby amended to conform to this chaptersuperseded. 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 municipalitypolitical 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 thereofdoes not exceed $100, before a justice of the peacejudge of county or municipal court, who shall have jurisdiction thereforconcurrently 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 sameit 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 wilfulwillful 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 suchthe 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 suchthe court or with any person relative to the merits of suchthe action, or receiving a communication from a party or other person in reference theretoto 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 sameit 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 justiceand everyjudicial officer may punish a contempt by fine or imprisonment, or both ; and. In addition thereto, when the contempt involves the wilfulwillful 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 suchthe 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 beis committed by a court or magistrate, who negligently or wilfullywillfully, and without leave of suchthe 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 beis 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" ismeans a person employed by or acting for the state or by or fora 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" includesmeans 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" includesmeans any person authorized by law or private agreement to hear or determine a cause or controversy andwho 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 suchthe 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 magistrateof suchthe municipality. Sec. 90. Minnesota Statutes 1982, section 611.07, subdivision 1, is amended to read: Subdivision 1. [APPOINTMENT.] When a defendant shall beis charged upon indictment or information or complaint for any felony or gross misdemeanor and shall request the magistrateasks 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 withoutcounsel 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 caseappointed 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 magistrateshall proceed tomake 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 suchany other information as may berequired by the court or magistrate. The state public defender shall furnish appropriate forms for suchthe financial statements. The information contained in such athe 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 athe financial statement as provided herein shall constituteconstitutes 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.] EveryA 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, thereindirecting him to search for, seize, and take possession of suchthe obscene matter ; and,. Upon conviction of the person in whose possession the same shall beobscene matter was found, the judge shall cause such matterit 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 suchthe engine, car, motor, or street car is in motion, or switching or being switched. Every person who shall violate any of the foregoing provisionsviolates 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 provisionthis section shall arrest, take before a proper court or magistrate, and make a verified complaint against him for suchthe violation. Sec. 94. Minnesota Statutes 1982, section 625.01, is amended to read: 625.01 [CONSERVATORS OF THE PEACE.] The judges of the severaldistrict, 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 allenforce 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 MAGISTRATEJUDGE.] When complaint shall beis made to any such magistratejudge that any person has threatened to commit an offense against the person or property of another, the magistratejudge shall (1) examine the complainant, and any witness who may be produced, on oath, and(2) reduce suchthe complaint to writing, and (3) cause the sameit 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 appearappears that there is just cause to fear that any suchthe offense may be committed, the magistratejudge shall issue a warrant under his hand, reciting the substance of the complaint, and requiring the officer to whom it is directed forthwithto apprehend the person complained of and bring him before such magistratethe judge, or someother magistrate orcourt having jurisdiction of the cause. Sec. 97. Minnesota Statutes 1982, section 625.04, is amended to read: 625.04 [EXAMINATION.] The magistratejudge before whom any person shall beis 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 suchpertinent 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 inthe 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 appearappears that there is just cause to fear that any suchthe offense shallwill be committed by the party complained of, he shall be required to enter into a recognizance, with sufficient sureties, in such sum as the magistratejudge directs, to keep the peace toward all the people of this state, and especially toward the persons requiring suchthe security, for such term as the magistratejudge 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 magistratejudge, 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 soordered to recognize refuses or neglects to comply with suchthe order, the magistratejudge shall commit him to the county jail during the period for which he was required to give security, or until he sorecognizes, 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 shalldoes not appear that there is just cause to fear that any suchthe offense will be committed by the party complained of, he shall be forthwithimmediately discharged. If the magistratejudge deems the complaint malicious, or without probable cause, he shall order the complainant to pay the costs of prosecution , who. The complainant shall thereuponthen be answerable to the magistratejudge 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 magistratejudge, they shall be allowed and paid in the same manner as costs before justicesin criminal prosecutions. In all cases where a person shall beis required to give security to keep the peace, or for his good behavior, the magistratejudge may further order the costs of prosecution, or any part thereofof them, to be paid by suchthe person, who shall stand committed until suchthe 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 peacecounty or municipal judge requiring him to recognize as aforesaidmay, on giving the security required, appeal to the district court next to beholdenin the same county ,or thatin another county to which such county is attached forin the same judicial purposesdistrict. Sec. 103. Minnesota Statutes 1982, section 625.10, is amended to read: 625.10 [WITNESSES TO RECOGNIZE.] The magistratejudge from whose order an appeal is sotaken shall require suchany witnesses ashe may thinkdeems 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 suchthe appeal is prosecuted may affirm the order of the justicejudge, 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 thinksdeems proper , and. The district court may also make suchan order in relationrelating 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 failfails 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 magistratejudge, 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 suchthe 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 magistratejudge to the district court for the county on or before the first day of the next term, and shall be therefiled 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 makemakes an affray, or threatenthreatens to kill or beat another, or to commit any violence or outrage against his person or property, or who, in the presence of suchthe court or magistrate, shall contendcontends 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 suchrecognizance, the penalty thereof shall beis adjudged forfeited, the court may remit sucha portion of the penalty, on the petition of anythe defendant, as the circumstances of the case renderedis 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 suchthe surrender, shall be discharged and exempted from all liability for any act of the principal, subsequent to suchthe 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 peacejudge, for the residue of the term, and thereuponshall 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 seizeseizes, with or without warrant, any property or thing, the sameit shall be safely kept by direction of the court or magistrate, soas long as may benecessary for the purpose of being produced as evidence on any trial , and then. After the trial the property or thingsthing shall, unless otherwise subject to lawful detention, be returned to theits owner thereof,or to suchany other person as may beentitled to the possession of the same andpossess it. The other things soAny 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 suchthe gambling devices are seized by a police officer of a municipality, suchthe money shall be paid into the treasury of suchthe 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 courtother than a probate court, directed to a peace officer, commanding him to make sucha search as may beauthorized by law and tohold 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 whereinwhere 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 peacemay, 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 theirthe affidavits in writing, and cause samethem to be subscribed to by the party or parties making samethem. Sec. 115. Minnesota Statutes 1982, section 626.11, is amended to read: 626.11 [ISSUANCE OF WARRANT.] If the court or justice of the peacecourt is thereuponsatisfied 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 suchthe property or things in his custody subject to order of the court or justice of the peaceissuing 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 peacedetermines 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 soauthorized. 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 whowhich 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 forthwithimmediately return the warrant to the court or justice of the peace,and deliver to himit 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 magistratejudge 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 magistratejudge 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 magistratejudge 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 thereafterhe 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 magistratecourt there, together with a copy of any warrant which was issued thereuponon it; or by a copy of a judgment of conviction or of a sentence imposed in execution thereofof 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 magistratecourt 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 beis charged on the oath of any credible person before any judge or magistrateof 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 havehas been made before any judge or magistratein this state setting forth on the affidavit of any credible person in another state that a crime has been committed in suchthe other state and that the accused has been charged in suchthat 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 magistrateshall issue a warrant directed to any peace officer commanding him to apprehend the person named thereinin 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 soarrested the accused must be taken before a judge or magistratewith 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 magistrateit 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 magistratemust, by a warrant reciting the accusation, commit him to the county jail for sucha 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 givegives bail as provided in section 629.16, or until he shall beis 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 magistratein 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 suchthe 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 magistratemay discharge him or may recommit him for a further period not to exceed 60 days , or. A judge or magistratemay 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 suchthe 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 magistrateby proper order ,shall declare the bond forfeited and order his immediate arrest without warrant if he beis within this state. Recovery may be had on suchthe 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 suchany further affidavits and other documents in duplicate as he shall deemdeemed proper to be submitted with suchthe application. One copy of the application, with the action of the governor indicated by endorsement thereonon 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 beis a felony, arrest may be made on any day and at any time of the day or night; if it beis a misdemeanor, arrest shall not be made on Sunday or between the hours of 9:00 o'clockp.m. and 9:00 o'clocka.m. on any other day unless upon the direction of the magistratejudge endorsed upon the warrant. Sec. 129. Minnesota Statutes 1982, section 629.36, is amended to read: 629.36 [ARREST BY BYSTANDER.] SuchA peace officer may take before a magistratejudge a person who, being engaged in a breach of the peace, shall beis arrested by a bystander and delivered to him ; and,. When a public offense shall beis committed in the presence of a magistratejudge, he may, by written or verbal order, command any person to arrest the offender, and thereuponthen 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 suchthe train specified in sections 609.605 and 609.72, and take him before a magistratejudge or to the next railway station, and deliver him to the proper officer, or to the station agent, who shall take suchthe person before the proper magistratejudge or deliver him to suchthe officer. Every suchconductor 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 mentioneddescribed in section 609.52, subdivision 2, clause (4), or any person who, he has good reason to believe, has been guilty of any suchthe offense, and take him before a magistrate orcourt having jurisdiction, and make written complaint under oath against him. Every person somaking suchan 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 suchthe offense, and take him before such magistrate ora court, whowhich shall require him to give security for his appearance as a witness on trial of the case ; and he. The person shall receive for suchhis 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 arrestedarrests another for the commission of a public offense shall, without unnecessary delay, take him before a magistratejudge or deliver him to a peace officer. If a person arrested shall escape or be rescuedescapes, 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 innerdoor 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 MAGISTRATEJUDGE.] Every public officer or other person having arrested any person upon a criminal charge, who shall wilfullywillfully and wrongfully delay to take him before a magistratejudge having jurisdiction to take his examination, shall beis 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 magistratejudge to arrest another person, shall wilfully neglectwillfully neglects or refuse sorefuses 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 neglectwillfully neglects or refuserefuses to aid suchthe officer, shall beis guilty of a misdemeanor. Sec. 135. Minnesota Statutes 1982, section 629.41, is amended to read: 629.41 [PROCESS, ISSUANCE.] TheJudges 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 MAGISTRATEJUDGE.] In every case where the offense charged in the warrant shallis not bepunishable by imprisonment in the Minnesota Correctional Facility-Stillwater, upon request of the person arrested, the officer making the arrest shall take him before a magistratejudge of the county in which the arrest shall beis 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 cognizancejurisdiction of the offense and next holdenin suchthe county, and thereuponhe shall then be liberated. The magistratejudge taking bail shall certify that fact upon the warrant, and deliver the sameit, with the recognizance so taken, to the person making the arrest, who shall cause the same to be delivereddeliver 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 magistratejudge who issued the warrant, or the county attorney, shall cause suchsummon any witnesses to be summonedas he deems necessary. Sec. 137. Minnesota Statutes 1982, section 629.45, is amended to read: 629.45 [BAIL REFUSED; PROCEEDINGS.] If the magistratejudge in the county where the arrest was made shall refuserefuses to bail the person soarrested and brought before him, or if no sufficient bail shall beis offered, the person having him in charge shall take him before the magistratejudge who issued the warrant, or, in his absence, before some other magistratejudge 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 appearappears 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 magistratejudge, and the prisoner shall offeroffers sufficient bail or money in lieu thereof, it shall be taken, and he shall be discharged ; but. If no sufficient bail beis offered, or the offense shallis not bebailable by the magistratejudge, he shall be committed for trial. When cash bail shall beis deposited in lieu of other bail, suchthe 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 beis accepted by a judge of a court of record, he shall order the sameit to be deposited with the clerk , there to remainwho shall retain it until the final disposition of the case and the further order of the court relative theretoto it. Upon release, in whole or in part, the amount soreleased shall be paid to the accused personally or upon his written order. In case of conviction, the magistratejudge may order suchthe deposit to be applied upon any fine imposed and, if suchthe fine beis less than the deposit, the balance shall be paid to the defendant. If the fine exceeds the deposit, the deposit shall be applied thereonto 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 suchthe unpaid balance. Cash bail in the hands of the court or any officer thereofof 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 beis admitted to bail, or committed by the magistratejudge, he shall also bind by recognizance suchany witnesses against the prisoner as he shall deemdeems material, to appear and testify at the court to which the prisoner is held to answer. If the magistrate shall bejudge 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 suchsureties as he shall deemdeems 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 offeroffers 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 magistratejudge 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 aa minor shall beis a material witness, any other person may recognize for the appearance of the witness, or the magistratejudge 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 thereonon 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 magistratebefore 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 beis adjudged to be forfeited, or when by leave of court suchthe 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 suchthe sum ashe may beis entitled to out of suchthe 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 desiredesires to give bail, the offense being bailable, and the district court shallis not bein session in the county, he may apply to a judge thereofof 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. SuchThe judge may thereuponthen, by order, direct the sheriff to bring up suchthe 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 asthose 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 beis 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 beenforced 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 theretoto 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 justicecourt, shall attend or be present at suchthe trial ; and. Every police officer, constable, sheriff, or other officer in charge of any sucha court and attending upon the trial of any suchcriminal case in any suchthe court, shall exclude every minor from the room in which suchthe trial is being had every such minorheld, except when hethe minor is permitted to attend by order of the court before which the trial shall be had; and everyis being held. Any police officer, constable, sheriff, or deputy sheriff who shallknowingly neglectneglects or refuserefuses 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 samecourtroom 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, butwork for not more than ten hours per day. SuchThe court or tribunal, when passing judgment of imprisonment for nonpayment of fine or otherwise, shall determine and specify whether suchor not the imprisonment shall be at hard labor or not. SuchThe 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 suchlabor. 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 toshall be paid to the wife, family, or dependents of suchthe prisoner, or suchany other person asthe court sentencing him may direct, anddirects. It shall be in suchan amount as suchthat the court shall determine upon application of the person or official under whose superintendence the work shall be performed, anddetermines. It shall be allowed by the board of county commissioners ofor the governing body of the city upon suchorder 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 suchthat purpose, he may rescind its designation. Whenever there is no sufficient jail in any county, the examining magistratecounty 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 beis a district jail in the judicial district, he shall be sent theretoto it, or to any other nearer district jail designated by the magistrate orjudge, and. The sheriff orof the county containing suchthe district jail, on presentation of suchthe order, shall receive, keep in custody, and deliver him up upon the order of suchthe 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 ofthe municipal court, andclerk 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
Copyright © 1983 by the Revisor of Statutes, State of Minnesota. All rights reserved.