Page:1862-63 Territory of Dakota Session Laws.pdf/173

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JUSTICES' CODE.

money only, if the sum claimed does not exceed one hundred dollars.

2. Of an action for damages for an injury to the person or to the real property, or for taking, detaining, or injuring personal property, if the damages claimed do not exceed one hundred dollars.

3. Of an action for a penalty not exceeding one hundred dollars, given by the statutes.

4. Of an action upon a bond, conditioned for the payrent of money not exceeding one hundred dollars, though the penalty exceed that sum, the judgment to be given for the sum actually due. When the payments are to be made by installments, an action may be brought for such installment as it becomes due.

5. Of an action upon a surety bond or undertaking taken by them, if the penalty do not exceed one hundred dollars.

6. To take and enter judgment on the confession of a defendant when the amount does not exceed one hundred dollars.

7. In all civil actions to be brought against constable or the sureties to his official undertakings, or against both, for the failure of any constable to pay over any money by him collected, 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.

Sec. 6. The jurisdiction conferred by the last section does not extend, however, to a civil action:

1. In which the title to the real property shall come in question.

2. Nor for false imprisonment, libcl, slander, malicious prosecution, criminal conversation, or seduction, or upon a promise to marry.

3. Nor of an action against an executor or administrator as such.

COMMENCEMENT OF SUITS - SERVICE AND RETURN ON PROCESS

Sec. 7. Every justice of the peace shall keep a docket in which he shall enter: