Page:1862 Territory of Dakota Session Laws.pdf/151

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134
CIVIL PROCEDURE.
[CHAP. VIII.

the judge making the same, and shall be served as a summons in other cases. The judge shall reduce all his orders to writing, which, together with a minute of his proceedings signed by himself, shall be filed with the clerk of the court of the county in which the judgment is rendered, or the transcript of the justice filed, and the clerk shall enter on his execution docket the time of filing the same.

Fees to officers.Sect. 486. The judge shall allow to clerks, sheriffs, referees, receivers, and witnesses, such compensation as is allowed for like services in other cases, to be taxed as costs in the case, and shall enforce by order the collection thereof from such party or parties as ought to pay the same.

Sect. 487. • • • Sect. 488. • • • Sect. 489. • • • Sect. 490. • • • Sect. 491. • • • Sect. 492. • • • Sect. 493. • • • Sect. 494. • • • Sect. 495. • • •

CHAPTER IV.—Executions for the Delivery of Real Property.

If the execution is for the delivery of real property.Sect. 496. If the execution be for the delivery of the possession of real property, it shall require the officer to deliver the same, particularly describing the property, to the party entitled thereto, and may at the same time require the officer to satisfy any costs or damages recovered in the same judgment, out of the goods and chattels of the party against whom it was rendered, and for want of such goods and chattels, then out of the lands and tenements; and in this respect it shall be deemed an execution against the property.

If not for money or real property.Sect. 497. When the judgment is not for the recovery of money or real property, the same may be enforced by attachment by the court rendering the judgment, upon motion made, or by a rule of the court upon the defendant; but in either case, notice of the motion, or a service of a copy of the rule, shall be made on the defendant a reasonable time before the order of attachment is made.

CHAPTER V.—Judgment before Justices of the Peace.

Judgements rendered by justices to be recorded with clerk of district court.Sect. 498. In all cases in which judgment shall be rendered by a justice of the peace, the party in whose favor the judgment shall be rendered may file a transcript of such judg-