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1983 Minnesota Session Laws

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                         Laws of Minnesota 1983 

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

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