Summons void,

when.

Justice may deputize person

before whom the summons was returnable, must resume jurisdiction.

SECT. 179. The summons, execution, and every other paper made or issued by a justice must be filled without a blank to be filled by another; otherwise it is void.

SECT. 180. A justice, at the request of a party, and on to serve process. being satisfied that it is expedient, may specially depute any discreet person of suitable age, and not interested in the action, to serve any process of said justice authorized by law. Such deputation must be in writing on the process.

Authority of person deputed.

Punishment

for contempt, in what cases.

Warrant of arrest, &c.

Conviction entered in docket.

Warrant of commitment then issued.

SECT. 181. The person so deputed has the authority of a constable, in relation to the service, execution, and return of such process, and is subject to the same obligation, but there can be no fee of his services taxed in the bill of costs.

SECT. 182. A justice may punish, as for contempt, persons guilty of the following acts, and no others: 1. Disorderly, contemptuous, or insolent behavior towards the justice, tending to interrupt the due course of the trial, or other judicial proceedings before him. 2. A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial, or other judicial proceeding. 3. Wilful resistance in the presence of the justice, to the execution of a lawful order, or process made or issued by him.

SECT. 183. A warrant of arrest may be issued by such justice, on which the person so guilty may be arrested, and brought before the justice, when an opportunity to be heard in his defence or excuse must be given. The justice may thereupon discharge him, or may convict him for the offence and adjudge a punishment by fine or imprisonment, or both; such fine not to exceed twenty dollars, and such imprisonment ten days, the money collected on such fine shall be for the support of common schools in said county.

SECT. 184. The conviction, specifying particularly the offence and judgment thereon, must be entered in his docket. A warrant of commitment to the jail of the county, until the fine be paid, or for the term of imprisonment, may then be issued; such warrant must contain a transcript of the entry in the docket, and the same must be executed by any constable to whom it may be given, and by the jailer of the county.

bringing action

SECT. 185. When a person intending to bring an action When person before a justice of the peace, is a non-resident of the county is non-resident. in which he intends to commence such action, the justice may, previous to his issuing process, require such person to give security for the costs of such suit; which may be done by depositing a sum of money, deemed by the justice to be sufficient to discharge the costs that may accrue in the action, or by giving an undertaking, with security approved by the justice, payable to the adverse party, for the payment of all costs that may accrue in the action. If any plaintiff or If they remove plaintiffs, after commencing an action before a justice in the ment. county in which he or they reside, afterwards remove out of the county, the justice may require such plaintiff or plaintiffs to deposit a sum of money, equal to the costs that have accrued and that probably will accrue, or require in place thereof, that such party give sufficient security for all costs that have accrued, or which may accrue in the action, and in default to do either, shall enter a non-suit against the plaintiff or plaintiffs.

after commence

bond, sealed bill,

&c.

SECT. 186. That in all actions instituted before justice In actions of the peace, founded upon any bond, sealed bill, promissory promissory note, note, or other instrument of writing, for the payment of a sum of money certain, of which the whole amount of money promised therein is due, it shall be the duty of the plaintiff, his agent or attorney, to file a copy of said bond, sealed bill, promissory note, or other written evidence of indebtedness upon which said suit is brought, with such justice of the peace, and upon the trial of the case the original of said bond, sealed bill, promissory note, or other written evidence of indebtedness shall be filed with such justice of the peace; and if, upon the trial judgment shall be entered thereon, in favor of the plaintiff, such bond, sealed bill, promissory note, or instrument of writing, shall be retained by the justice so rendering judgment, who shall indorse the sum for which he shall have entered judgment (provided the same shall in nowise exceed one hundred dollars) and shall subscribe his name thereto. And upon payment, or tender of the amount of such payment, together with the cost accruing thereon, or securing the payment of the same by putting in bail for the stay of execution, it shall not be lawful for the plaintiff to institute any other suit or suits upon such bond, sealed bill,

Proviso.

If justice purchase judgment on his docket. Penalty.

promissory note, or other instrument of writing for the recovery
of
any other sum or sums, the payment of which is secured by
the same bond, sealed bill, promissory note, or other written
evidence of indebtedness: Provided, That when an appeal
shall be taken from the judgment of such justice, it shall be
his duty to transmit any bond, sealed bill, promissory note, or
other written evidence produced before him on trial to the
clerk of the district court, to which such cause shall have
been appealed, on or before the second day of the term of the
court next after taking such appeal: Provided, also, That
nothing herein contained shall be construed to lessen or in
anywise affect the right which any creditors now have to de-
mand from any justice of the peace, any joint and several
obligations for the purpose of prosecuting any party to said
obligations, other than the party against whom judgment may

have been rendered.

SECT. 187. It shall not be lawful for any justice of the peace to purchase any judgment, upon any docket in his possession; and for so doing, and for every such offence, such justice shall forfeit and pay a sum not more than fifty dollars, nor less than ten dollars, to be recovered by an action before any court having jurisdiction thereof, and when collected, shall be paid into the treasury of the county where such offence was committed. Said money so collected and paid in shall be for the support of common schools in said county. SECT. 188. Nothing in this act contained shall be so construed as to authorize the arrest or imprisonment of any citiNothing in act zen of this territory for debt; and nothing in this act shall empted property. apply to property, real or personal, goods or chattels, rights or credits, interests or estates, exempt by law from levy, seizure, or sale under execution.

No imprisonment for debt.

applies to ex

Take effect, when.

SECT. 190. This act to take effect and be in force from and after its passage.

Approved May 13, 1862.

W. JAYNE, Governor.

CHAPTER 50.

AN ACT DEFINING THE JURISDICTION OF JUSTICES OF THE
PEACE IN CRIMINAL CASES, AND OF THE PROCEEDINGS
THEREIN.

Be it enacted by the Legislative Assembly of the Territory of

Dakota:

tion of what

SECTION 1. That justices of the peace in their respective Have jurisdiccounties have jurisdiction of, and must hear, try, and deter- criminal cases. mine all public offences less than felony, in which the punishment prescribed by law does not exceed a fine of one hundred dollars or imprisonment thirty days, on information under oath, without indictment or the intervention of a grand jury, saving to the defendant the right of appeal to the district

court.

menced.

SECT. 2. Criminal actions for the commission of a public How comoffence must be commenced before a justice of the peace by an information, subscribed and sworn to, and filed with the justice.

SECT. 3. Such information must contain: 1. The name of the county and of the justice where the information is filed. 2. The names of the parties, if the defendants be known, and if not, then such name as may be given by the complainant. 3. A statement of the acts constituting the offence, in ordinary and concise language, and the time and place of the commission of the offence as near as may be.

Information contain, what.

mation.

SECT. 4. The information may be substantially in the Form of inforfollowing form:

county,

THE TERRITORY OF DAKOTA, Before Justice (here insert the

The defendant is accused of the crime (here name the offence). For that the defendant on the

day of

A. D. 18, at the (here name the city, village, or township) in the county aforesaid (here state the act or omission constituting the offence, as in an indictment).

File same.

May then issue warrant for ar

rest.

How served.

Proceedings

when defendant

justice.

SECT. 5. The justice must file such information, and mark thereon the time of filing the same.

SECT. 6. Immediately upon the filing of such information, the justice may, in his discretion, issue a warrant for the arrest of the defendant, directed in the same manner as a warrant of arrest upon a preliminary information, and may be served in like manner.

SECT. 7. The officer who receives the warrant must serve the same by arresting the defendant, if in his power, and bringing him, without unnecessary delay, before the justice who issued the same.

SECT. 8. When the defendant is brought before the justice, is brought before the charge against him must be distinctly read to him, and he shall be asked whether he is presented by his right name, and be required to plead. If he object that he is wrongfully named in the information, he must give his right name; and if he refuse to do so, or does not object to the name used in the information, the justice shall make an entry thereof in his docket, and he is thereafter precluded from making any such objection.

Pleas of defendant.

Justice must try, except when.

If change of venue applied for.

When allowed, justice must

&c.

SECT. 9. The defendant may plead the same pleas as upon an indictment; his pleas may be either oral or written, and must be entered on the docket of the justice.

SECT. 10. Upon a plea other than a plea of guilty, if the defendant do not demand a trial by jury, the justice must proceed to try the issue unless a change of venue be applied for by the defendant.

SECT. 11. If a change of venue be applied for, an affidavit must be filed stating that the justice is prejudiced against the defendant, or is of near relation to the prosecutor upon the charge, or the party injured or interested, or is a material witness for either party, or that the defendant cannot obtain justice before him, as the affidavit verily believes.

SECT. 12. If such affidavit be filed, the change of venue transmit papers, must be allowed, and the justice must immediately transmit all the original papers, and a transcript of all his docket entries in the case, to the next nearest justice in the county, against whom no such objection has been made, who shall proceed to try the case, unless a jury trial be demanded. No more than one change of venue in the same case shall be allowed.