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SEC. 2 This Act shall take effect from and after its

passage.

GEORGE BRADLEY,

Speaker pro tem, of the House of Representatives.

RICHARD G. MURPHY,

President pro tem, of the Senate.

APPROVED-February twenty-seven, one thousand eight

hundred and fifty-eight.

CHAS. L. CHASE, Acting Governor.

SECRETARY'S OFFICE, Minnesota,}

February 27, 1858.

I hereby certify the foregoing to be a true copy of the ori ginalon file in this office.

CHAS. L. CHASE, Secretary.

CHAPTER XIII.

An Act to allow Justices of the Peace to enter Judgment upon Confession.

SECTION 1. Authorizes Justices of the Peaco to enter judgment upon confession in sums

not exceeding one hundred dollars.

2. No judgment to be taken except

1. Defendant must personally appear.

2. Confession to be in writing, signed and witnessed.

3. Statement of facts, showing the liability.

3. Statement and affidavit to be filed, and judgment entered on judgment book.

4. Transcript to be made, on demand, and to be filed by Clerk of Court.

5. Judgment to have lien upon real estate, same as judgment of District Court
6. Act to take effect May 1, 1858.

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

SECTION 1. That any Justice of the Peace in this State may enter a judgment by confession, if the defendant or defendants in any case, when the debts or damages shall not ex- Judgment by ceed one hundred dollars, with such stay of execution as may confession be agreed on by the parties interested in such judgment.

SEC. 2. No confession shall be taken, or judgment rendered thereon, unless the following requisites be complied with:

1st. The defendant must personally appear before the Justice.

and veriffed

2d. The confession shall be in writing, signed by the deTo be in writing fendant, and verified by his oath, and filed with the Justice. 3d. If it be for money due, or to become due, the confession must state concisely the facts out of which it arose, and must show that the sum confessed therefor, is honestly due, or to become due. If it be for the purpose of securing a contingent liability, it must state concisely the facts constituting the liability, and must show that the sum confessed therefor does not exceed the same.

Statement of facts

of peace

SEC. 3. The statement and affidavit may be filed with the Duties of justice Justice of the Peace, who must endorse upon it the time of filing, and must enter upon his judgment book a judgment for the amount confessed, with one dollar costs. The statement and affidavit, with the judgment endorsed thereupon become the judgment roll.

Transcripts

SEC. 4. Every Justice, on demand of any person in whose favor a judgment has been confessed, as hereinbefore provided, shall give a certified transcript of such judgment, and the Clerk of the District Court of the same county in which the judgment was rendered, shall, upon the production of any such transcript, file the same in his office, and forthwith enFiling in district ter such judgment in his docket of the District Court judgment and decrees, and shall note the time of filing such transcript.

court

SEC. 5. Every such judgment, from the time of filing the transcript thereof, shall have the same lien on the real estate Lien on real es of the defendant or defendants in the county, as a judgment

tate

Execution

of the District Court of the same county, shall be equally under the control of the District Court, and shall be carried with execution in the same manner and with like effect as the judgment of such District Courts, but no execution shall be in force thereon out of the District Court, until an execution shall have been in force by a Justice, and returned, that the defendant or defendants, have no goods or chattels whereon to levy the same.

SEC. 6. This Act shall take effect from and after the first day of May next.

GEORGE BRADLEY,

Speaker pro tem. of the House of Representatives.

RICHARD G, MURPHY,

APPROVED February second, one thousand eight hundred

and fifty-eight.

President pro tem. of the Senate.

CHAS. L. CHASE, Acting Governor.

SECRETARY'S OFFICE, Minnesota,

February 2, 1858.

I hereby certify the foregoing to be a true copy of the original on file in this office.

CHAS. L. CHASE, Secretary.

CHAPTER XIV.

An Act to extend the Jurisdiction of Justices of the
Peace.

SECTION 1. Justices of the Peace to have jurisdiction in civil actions against Consta-
bles, or their sureties.

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

Jurisdiction against consta

SECTION 1. That Justices of the Peace have jurisdiction in all civil actions to be brought against a Constable or the sureties to his official undertaking, or against both, for the failure of any Constable to pay over any money by him col- bles lected, to the party thereto entitled, or for any neglect of duty by such Constable in his official capacity, when the sum sought to be recovered by the plaintiff in such action shall not exceed one hundred dollars.

GEORGE BRADLEY,

Speaker pro tem, of the House of Representatives.
RICHARD G. MURPHY.
President pro tem. of the Senate.

Approved February second, one thousand eight hundred

and fifty-eight.

CHAS. L. CHASE, Acting Governor.

SECRETARY'S OFFICE, Minnesota,

February 2, 1858.

I hereby certify the foregoing to be a true copy of the

original on file in this office.

CHAS. L. CHASE, Secretary.

CHAPTER XV.

An Act to provide for the issuing of Commissions to take testimony by Justices of the Peace.

SECTION 1. Justices authorized to appoint Commissioners to examine witnesses not
residing in county when suit is pending.

2. Commission to be granted at instance of either party-notice to adverse
party.

3. Execution and return of commission to be evidence on trial.

4. Power of Commissioner to issue subpœna, swear witnesses, &c.

5. Issuing of commissions not to adjourn suit more than ninety days except
by consent.

6. Fees for issuing commissions.

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

SECTION. 1. Whenever an issue of fact shall have been

Commissioners

to take deposi

tions

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jonied, in any action or suit, before a Justice of the Peace, to be appointed and it shall appear on the application of either party, that any witness not residing within the county where such suit is pending, is material in the prosecution or defence of such action or suit, the said Justice may award a Commission to one or more competent persons authorizing them or any of them to examine such witness on oath upon the interrogaAssent of parties tion settled by the said Justice, and certified by his approbation, entered or endorsed thereon, or by the written agreement or assent of the parties annexed to such commission, to take and certify the depositions of such witness, and to return the same according to the directions given, with such commission, in which commission both parties may unite.

thereto

Commissioners on notice to ad

may be granted

verse party

SEC. 2. Such commission may be granted at the instance of either party by such Justice of the Peace, at any time, upon proof that due notice of such application for such commission has been served on the adverse party at least two days before the time of making such application-and whenever the defendant shall neglect to appear or plead in such action or suit, and the plaintiff shall make application for a Failure to appear commission to take the deposition of a material witness for the prosecution of such action or suit, the Justice may award a commission without notice to one or more competent persons, to examine such witness on oath upon interrogations proposed by the plaintiff to be settled by the Justice, and certify the depositions, and return the same according to the directions given in such commission.

on notice

SEC. 3. The commission shall be executed and returned Deposition to be as is prescribed by statute when a commission issues out of evidence same as a Court of Record, and the deposition and testimony taken in pursuance thereof, shall be received on the trial, as testimony in the cause, with the like effect, as if such witness were personally examined at such trial.

personal examination

Commissioners may issue subpænas &c

Adjournment of

suit

SEC. 4. When the commission is executed in this State, the Commissioner or Commissioners, shall have the same power to issue subpoenas, swear witnesses, and compel their attendance as Justices of the Peace have.

SEC. 5. Whenever such commission shall be issued by any Justice of the Peace, the action or suit shall not be adjourned for more than ninety days, unless by consent and agreement of the parties of such action or suit.

SEC. 6. The Justice of the Peace shall be entitled to fifty Fees for issuing cents for every commission issued and approved by him, in addition to the fees now allowed by law.

commissions

GEORGE BRADLEY,

Speaker pro tem of the House of Representatives.

RICHARD G. MURPHY,

President pro tem, of the Senate.

APPROVED-March third, eighteen hundred and fifty-eight.
CHAS. L. CHASE, Acting Governor.

SECRETARY'S OFFICE, Minnesota, I

March 3, 1858.

I hereby certify the foregoing to be a true copy of the original on file in this office.

CHAS. L. CHASE, Secretary.

CHAPTER XVI.

An Act authorizing a change of Venue in Justices'
Courts.

SECTION 1. Amendments to Sec. 65, Art. 4, Chap. 64, Revised Statutes-manner of obtaining change of Venue.

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

Affidavit being

SECTION 1. Section 65 of Article IV of Chap. LXIX of the Revised Statutes, on page 308, is hereby amended so as to read as follows: Sec. 65. If, on the return of the process, made Justice to 1 or at any time before trial shall have commenced in any transfer salt to cause or proceeding, civil or criminal, either party, his agent another justice or attorney, shall make affidavit that the Justice before whom the same is pending is a material witness for said defendant, without whose testimony he cannot safely proceed to a trial thereof; or that from prejudice, bias, or other cause, he believes such Justice will not decide impartially in the matter; or if it shall be proven that the Justice is near of kin to the plaintiff, then, in such case, the said Justice shall transfer

said suit and all other papers appertaining to the same to Causes to be resome other Justice of the same or an adjoining precinct, who moved but onos may thereupon proceed to hear and determine the same in the same manner as it would have been lawful for the Justice before whom the said cause or proceeding was commenced to have done. Provided, That no cause or proceeding shall be removed more than once.

GEORGE BRADLEY,

Speaker of the House of Representatives.

RICHARD G. MURPHY,
President pro tem. of the Senate.

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