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General Statutes 1878, Chap. 107grand juries.

Amending

Chap. 110, General Laws 1889.

tuting a grand

jury.

737-8

CHAPTER 32.

[H. F. No. 151.]

AN ACT TO AMEND SECTIONS ONE (1), SIX (6) AND TWELVE
(12), OF CHAPTER ONE HUNDRED AND SEVEN (107) OF
THE GENERAL STATUTES OF ONE THOUSAND EIGHT
HUNDRED AND SEVENTY-EIGHT (1878), as amendeD BY
CHAPTER ONE HUNDRED AND TEN (110) OF THE GEN-
ERAL LAWS OF ONE THOUSAND EIGHT HUNDRED AND
EIGHTY-NINE (1889).

Be it enacted by the Legislature of the State of Minnesota :

SECTION 1. That section one (1) of chapter one hundred and seven (107) of the General Statutes of one thousand eight hundred and seventy-eight (1878), as amended by Chapter one hundred and ten (110) of the General Laws of one thousand eight hundred and eighty-nine (1889), is amended so as to read as follows:

Section 1. A grand jury is a body of men, not less than Number consti- sixteen (16) nor more than twenty-three (23) in number, returned at stated periods from the citizens of the county, before a court of competent jurisdiction, chosen by lot and sworn to inquire of public offenses committed or triable in the county.

Manner of drawing juries.

Number of

jurors to transact business.

SEC. 2. That section six (6) of chapter one hundred and seven (107), as amended by said chapter one hundred and ten (110), is amended so as to read as follows:

Section 6. At least fifteen (15) days before the sitting of any district court, the clerk thereof, in the presence of the sheriff and a justice of the peace or of a judge of the district court, shall proceed to draw the names of twentythree (23) persons from the box to serve as grand jurors at said court.

SEC. 3. That section twelve (12) of said chapter one hundred and seven (107), as amended by said chapter one hundred and ten (110), is amended so as to read as follows:

Section 12. Not more than twenty-three (23) nor less than sixteen (16) persons can be sworn on a grand jury, nor can a grand jury proceed to any business unless sixteen (16) members at least are present; Provided, That nothing in this act shall apply to any grand jury now drawn.

SEC. 4. This act shall take effect and be in force from and after its passage.

Approved April 1, 1891.

CHAPTER 33.

[H. F. No. 220.]

AN ACT TO REGULATE THE PAYMENT OF FEES TO JURORS
AND WITNESSES OUT OF COUNTY FUNDS.

Juror and witness fees [limited to Ramsey and Hennepin counties.]

Be it enacted by the Legislature of the State of Minnesota:

SECTION 1. Any person who serves as a juror or as a witness in any district court of this state, for which service the county in which said court is sitting is liable, shall be entitled to a certificate from the clerk of said court, which certificate shall, among other things, state the full name of said juror or said witness, and the name of each day of the week, month and year for which he is entitled to receive pay and the amount he is entitled to receive, and all the dates and amounts shall be designated in both words and figures; and said certificate shall be countersigned by a judge of said district to the effect that the same is just and correct, and said certificate shall be directed to the county auditor of the county out of the treasury of which said juror or witness is to be paid. At the time said juror or witness receives said certificate from said clerk, he shall give said clerk a receipt therefor, which receipt shall be preserved in the office of said clerk.

SEC. 2. Said certificate shall be delivered to the county auditor of said county, and upon the receipt of the same said auditor shall preserve, file and keep a record of said certificate, and shall issue in the name of the person named therein and to his order, under the seal of said auditor, a warrant on the treasurer of said county for the amount named therein, and said warrant shall state in substance the contents of said certificate issued by said clerk as aforesaid. Said certificate and said warrant shall contain no unfilled blanks.

Certificate from

clerk of court to be counter

signed by judge.

Auditor to draw

warrant for

amount of cer

tificate.

Treasurer to be

warrants.

SEC. 3. Upon the presentation of said warrant to the treasurer of said county the same shall be paid out of any responsible for county funds applicable for the payment thereof, and warnement on the county treasurer of said county shall be responsible for the validity and genuineness of any indorsement found upon said certificate, unless the same is paid directly to the person named therein, and said treasurer shall not pay said warrant until the person named therein and also the person presenting the same for payment has indorsed his name upon the back thereof.

Act limited to:

Provided, That the provisions of this act shall only ap- Ramsey and ply to the counties of Hennepin and Ramsey.

Hennepin
counties.

Evidence in challenging jurors.

Juror chal

lenged as to citizenship may

SEC. 4. This act shall not be construed to change in any manner any law of this state fixing the amount of fees to be paid any juror or witness.

SEC. 5. This act shall take effect and be in force from and after its passage.

Approved April 16, 1891.

CHAPTER 34.

[H. F. No. 155.]

AN ACT RELATING TO EVIDENCE IN THE TRIAL OF CHAL-
LENGES TO JURORS.

Be it enacted by the Legislature of the State of Minnesota :

SECTION 1. Whenever any person called as a juror is challenged on the ground that he is not a citizen of the give testimony. United States, the testimony of such person shall be competent evidence of the fact of naturalization, or declaration of intention to become a citizen, without the production of any records or certificates, but his testimony may be disputed by the party challenging.

Chap. 49, Gen

SEC. 2. Chapter forty-nine (49) of the General Laws eral Laws 1889, for the year eighteen hundred and eighty-nine (1889) is

repealed.

Court commis-
sioner may be
admitted to
practice law
[limited to

Thriteenth Dis

trict].

repealed.

SEC. 3. This act shall be in force from the time of its passage.

Approved April 1, 1891.

CHAPTER 35.

[H. F. No. 248.]

AN ACT TO PROVIDE FOR THE ADMISSION OF CERTAIN
PERSONS TO PRACTICE LAW IN THE COURTS OF THIS
STATE.

Be it enacted by the Legislature of the State of Minnesota:

SECTION 1. Any person holding the office of court commissioner, and who shall satisfy any judge of the supreme court or of any district court, by examination or otherwise, that he possesses the necessary qualifications of learning and ability, shall be entitled to practice as an attorney and counselor in all the courts of this state.

SEC. 2. For the purpose of admission he shall apply to a judge of the supreme court or of any district court, in

vacation or in term time, and shall show that he has been elected to the office of court commissioner and has duly qualified as such, and shall submit to such examination as to his learning and ability as such judge may direct; Provided, however, That such application shall be made within sixty (60) days after the passage of this act; and Provided, further, That no proof shall be necessary as to the time and manner of reading law by such applicant.

SEC. 3. If, upon the examination or otherwise, he is found duly qualified, the judge shall direct an order to be entered by the clerk of said court, substantially as required by section four (4) of Chapter eighty-eight (88) of the General Statutes of one thousand eight hundred and seventy-eight (1878).

SEC. 4. This act shall apply only to the thirteenth (13th) judicial district, and shall take effect and be in force from and after its passage.

Approved March 24, 1891.

CHAPTER 36.

[S. F. No. 17.]

Proceeding necessary before

admission.

Limited to
Thirteenth Ju-

dicial District.

AN ACT TO ESTABLISH A UNIFORM STANDARD OF ADMIS- Admission to SION TO THE BAR OF THIS STATE, AND TO PUNISH PER- the bar. SONS VIOLATING THE PROVISIONS OF THIS ACT.

Be it enacted by the Legislature of the State of Minnesota:

SECTION 1. As soon as possible after the passage and State board or approval of this act the justices of the supreme court of examination. this state shall appoint from the members of the bar of Minnesota, learned in the law, one (1) person from each congressional district, now or hereafter created, to constitute a state board of examiners in law.

SEC. 2. The term of office of the said board shall be as Term of office follows: Three (3) shall be appointed for one (1) year, two (2) shall be appointed for two (2) years, and two (2) shall be appointed for three (3) years, and their successors shall receive their appointment in a like manner for terms of three (3) years each; but in case of a vacancy occurring by death or otherwise there shall be appointed in a like manner a person to serve through the unexpired term of the member to whose place he is appointed.

headquarters.

SEC. 3. The said board shall elect a president, secretary Officers-official and treasurer; shall have its headquarters at the capital of this state; shall have a common seal, and the president and secretary shall have the power to administer oaths. The

said board shall, at least three (3) times in each year, hold Public examinapublic examinations for admission to the bar of this state, tion.

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which examinations shall be both written and oral, in such places in this state as the supreme court shall direct and at such times as the said board shall determine. The said board shall keep a record of all its proceedings and also a record of all applications for admission to the bar, and shall enroll, in a book kept for that purpose, the name of each person admitted as an attorney at law.

SEC. 4. The said board shall, as soon as practicable thereafter, report the result of all examinations to the supreme court, with such recommendations as to said board shall seem just, and the supreme court shall, after considering said report and said recommendations, enter an order in each case authorizing or directing said board to reject such applicant, or to issue to him a certificate of admission to the bar.

SEC. 5. The said board shall receive from each person applying for examination the sum of five dollars ($5) as a fee therefor, and all fees received by said board shall be deposited with the treasurer of said board and applied toward the expenses and compensation of the respective members of said board.

SEC. 6. There shall be paid out of the treasury of said board to each examiner appointed as aforesaid, a compensation not exceeding ten dollars ($10) per day, and his actual necessary expenses in going to, holding and returning from any such examination.

SEC. 7. No person shall hereafter be admitted to practice as an attorney and counselor at law, or to commence, conduct or defend any action or proceeding in any of the courts of record of this state, in which he is not a party concerned, either by using or subscribing his own name, or the name or names of any other person or persons, unless he has complied with and been admitted under and pursuant to such rules as the supreme court of this state shall prescribe; Provided, That the provisions of this act shall not apply to or affect persons admitted to the bar of this state under pre-existing laws.

Provided, That graduates from the law department of the University of Minnesota shall, upon presentation of their diploma from such university to the supreme court or any district court of this state, at any time within two (2) years from the date of such diploma, be entitled to a certificate of admission to the bar, without any examination or fee whatever; and such court shall thereupon enter an order authorizing and directing the clerk of said court to issue to such graduate a certificate of admission to the bar, upon proof satisfactory to said court that such graduate is a citizen of the United States, a citizen and resident of the state of Minnesota, that he is twenty-one (21) years of age, of good moral character, and upon his subscribing such oath as is now provided by statute for persons upon their admission to the bar.

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