2004 Minnesota Statutes

     629.60 Permitting actions to recover under recognizance 
  even if technical noncompliance. 

    If a recognizance shows that the court before whom it was 
 entered into had authority to take it, and at what court the 
 party or witness was bound to appear, an action brought to 
 recover a penalty under the recognizance may not be barred, nor 
 may judgment on it be stopped because either: 

    (1) the court failed to record the default of the principal 
 or surety at the term of court when the default occurred; or 

    (2) the recognizance is defective in form. 

    In an action to recover a penalty under a recognizance 
 entered into pending an appeal, the court may award part or all 
 of the penalty amount to the person entitled to it under the 
 recognizance if the court determines the amount is forfeited, or 
 when by permission of the court the penalty has been paid to the 
 county treasurer or court administrator without suit or before 
 judgment in a manner provided by law. 

    HIST: (10595) RL s 5254; 1983 c 359 s 141; 1985 c 265 art 10 s 
 1; 1Sp1986 c 3 art 1 s 82