issue a warrant for the arrest of the delinquent for the purpose of compelling his attendance, and punishing his disobedience.
Sect. 56. When a person arrested is brought before the justice, or when a person in attendance refuses to testify as a witness, and no valid excuse be shown, the justice may impose a fine on him not exceeding five dollars. An entry of such fine, stating the reason therefor, must be made by the justice in his docket, and thereupon shall have the effect of a judgment in favor of the Territory of Dakota against the delinquent, and may be enforced against his person or property. Said money so collected shall be paid into the county treasury, for the support of common schools in said county.
Sect. 57. Every person subœnaed as aforesaid, and neglecting to appear or refusing to testify, shall also be liable to the party in whose behalf he shall have been subpœnaed, for all damages which such party shall sustain by reason of such delinquency.
DEPOSITION.
Sect. 58. Depositions may be taken to be read in a cause pending before a justice of the peace, in like manner and subject to the same restrictions and rules of law as in cases pending in the district court.
ARTICLE VII.—The Trial and its Incidents.
Sect. 59. At the time appointed for trial, if no jury shall have been demanded by either party, the justice shall proceed to try the action, shall hear the proofs, and determine the cause according to law and the right.
Sect. 60. Where parties agree to enter, without process, before a justice, any action of which such justice has cognizance, such justice shall enter the same on his docket, and proceed to trial, judgment, and execution, in all respects in the same manner as if the summons had been issued, served, and returned.
