Page:1862-63 Territory of Dakota Session Laws.pdf/174

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JUSTICES' CODE.
165

1. The title of all causes commenced before him.

2. The time when the process has issued, against the defendant, and the particular nature thereof.

3. The time when the parties appeared before him either without, or upon the return of process.

4. A brief statement of the nature of the plaintiff's demand, and the amount claimed, and if any set-off was pleaded, a similar statement of the set-off, and the amount estimated.

5. Every judgment, stating at whose request, and for what time.

6. The time when the trial was had, stating whether the same was by the jury or by the justice.

7. The verdict of the jury, and when rendered.

8. The time of issuing execution, and the name of the officer to whom delivered, and an account of the debt, damages and costs, and the fees due to each person separately.

9. The fact of an appeal having been made and allowed, and when made and allowed.

10. Satisfaction of judgment when made.

11. And such other entries as may be material.

Sec. 8. Suits may be instituted before a justice of the peace, either by the voluntary appearance and agreement of the parties, or by the usual process; also when the name of the defendant is not known to the plaintiff, a suit may be commenced against him by a fictitious name, and it shall not be abated for that cause, but may be amended on such terms as the justice shall think reasonable.

Sec. 9. Any justice of the peace in this territory, may in all actions hereafter instituted either before or after the process shall issue, at his direction, require of the plaintiff in such action to give security for the costs; and the person giving such security shall sign a memorandum in writing to that effect, which such justice shall keep as a part of the record in the case, and if the plaintiff refuse to give such security, the justice shall dismiss the suit.

Sec. 10. All processes issued by justices of the peace shall run in the name of the United States, be dated on the day it issued, and shall be signed by the justice granting the same,
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