Page:1862 Territory of Dakota Session Laws.pdf/343

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326
JUSTICES OF THE PEACE.
[CHAP. XLIX.

JUSTICES OF THE PEACE.


CHAPTER 49.

AN ACT DEFINING THE JURISDICTION AND PROCEDURE BEFORE JUSTICES OF THE PEACE, AND OF THE DUTIES OF CONSTABLES IN CIVIL COURTS.

Be it enacted by the Legislative Assembly of the Territory of Dakota:

ARTICLE I.—Of the Jurisdiction of Justices of the Peace.

Section 1. The jurisdiction of justices of the peace in civil cases shall, unless otherwise directed by law, be limited to the county wherein they may have been elected, and where they shall reside.

Sect. 2. Justices of the peace within and coextensive with their respective counties, shall have jurisdiction and authority: 1. To administer an oath or affirmation authorized or required by law to be administered. 2. To take the acknowledgment of deeds, mortgages, and other instruments of writing. 3. To solemnize marriages. 4. To issue subpena for witnesses and coerce their attendance in causes or matters pending before them, or other cause or matter wherein they may be required to take depositions. 5. To try the action for forcible entry and detention, or detention only, of real property. 6. To proceed against security for costs and bail for the stay of execution on their dockets. 7. To issue attachments, and proceed against the goods and effects of debtors in certain cases. 8. To issue executions on judgments rendered by them. 9. To proceed against constables, failing to make return, making false return, or failing to pay over money collected on execution issued by such justice. 10. To try the right of the claimant to property taken in execution or on attachment.

Sect. 3. Justices shall have jurisdiction in actions for trespass on real estate, where the damages demanded for such