Page:1862 Territory of Dakota Session Laws.pdf/152

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CHAP. VIII.]
CIVIL PROCEDURE.
135

ment in the office of the clerk of the district court of the county in which the judgment was rendered, and thereupon the clerk shall, on the day on which the same shall be filed, enter the case on the execution docket, together with the amount of the judgment and the time of filing the transcript.

Judgement have lien from when.Sect. 499. Such judgment, if the transcript shall be filed in term time, shall have a lien on the real estate of the judgment debtor from the first day of the term; if filed in vacation, as against the judgment debtor, said judgment shall have a lien from the day of the filing, and as against subsequent judgment creditors—at the next succeeding and other transcripts filed in vacation, said judgment shall have lien from the first day of the next term of the court in the same manner and to the same extent as if the judgment had been rendered in the district court.

Execution issued to sheriff same as in court.Sect. 500. Execution may be issued thereon to the sheriff by the clerk of the court, in the same manner as if the judgment had been taken in court, and the sheriff shall execute and return the same, as other executions; and, in case of sale of real estate, his proceedings shall be examined and approved by the court, as in other cases.

Justice shall certify amount paid on judgement. Costs paid by whom.Sect. 501. The justice of the peace shall certify, on the transcript, the amount, if any, paid on such judgment. The costs of the transcript, the filing of the same, and the entry of the case on the execution docket shall be paid by the party filing the same, and be taxed in the costs.

TITLE XV.

MISCELLANEOUS PROCEEDINGS.

Chapter 1. Offer to Compromise.—II. Submitting a Controversy.—III. Offer to confess Judgment.—IV. Motions and Orders.


CHAPTER I.—Offer to Compromise.

Offer to compromise. How paid.Sect. 502. The defendant in an action for the recovery of money only, may, at any time before the trial, serve upon the plaintiff or his attorney, an offer, in writing, to allow judgment to be taken against him for the sum specfied therein.