Page:1862 Territory of Dakota Session Laws.pdf/171

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154
CIVIL PROCEDURE.
[CHAP. VIII.

delivered to him, for that purpose, in every action or special proceeding.

Shall indorse time of filing and return.Sect. 599. He shall indorse upon every paper filed with him the day of filing it; and upon every order for a provisional remedy and upon every undertaking given under the same, the day of its return to his office.

Enter names of defendant summoned and day served.Sect. 600. He shall, upon the return of every summons served, enter upon the docket the name of the defendant or defendants summoned, and the day of service upon each one. The entry shall be evidence of the service of the summons, in case of the loss thereof.

Keep records, books, &c.Sect. 601. He shall keep the records and books and papers appertaining to the court, and record its proceedings.

Certain rules of district courts apply to other courts.Sect. 602. The provisions of article eight, of title nine, prescribing the duties of clerks of the district court, shall, as far as they are applicable, apply to the clerks of other courts of record.

Other powers and duties.Sect. 603. The clerk of each of the courts shall exercise the powers and perform the duties conferred and imposed upon him by other provisions of this code, by other statutes, and by the common law. In the performance of his duties he shall be under the direction of his court.

CHAPTER III.—Duties of Sheriffs.

Shall indorse time of receipt on papers.Sect. 604. The sheriff shall indorse upon every summons, order of arrest, or for the delivery of property, or of attachment or injunction, the day and hour it was received by him.

Shall execute summons, &c. If he fails to do so.Sect. 605. He shall execute every summons, order, or other process, and return the same as required by law; and if he fail to do so, unless he make it appear to the satisfaction of the court, that he was prevented by inevitable accident from so doing, he shall be amerced by the court in a sum not exceeding one thousand dollars, and shall be liable to the action of any person aggrieved by such failure.

Other powers and duties.Sect. 606. The sheriff shall exercise the powers and perform the duties conferred and imposed upon him by other provisions of this code, by other statutes, and by the common law.