Page:1862 Territory of Dakota Session Laws.pdf/564

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
GENERAL INDEX.
547

JUSTICES OF THE PEACE-Continued.

when not served by officer, no fees charged, 888.
if witness attend, and is not examined, costs, how paid, 388.
when witness may be compelled to appear, 888.
when witness is arrested, or refuses to testify - penalty, 889.
fines for support of common schools, 339.
person neglecting, or refusing to testify, responsible for damages, 889.
Depositions taken as before district court, 889.

The Trial and its Incidents.

if no jury demanded, justice to try action, 339.
where parties agree to enter without process, 339.

Jury.

either party may demand, 840.
how to be selected, 840.
form of summons for, 340.
constable serve summons, how, 840.
jurors neglecting to attend, 840.
if panel be not full, constable to fill same, 841.
jury to attend at time of trial, 841.
competency of juror questioned, jury to make oath or affirmation, 341.
after being sworn, to be kept together until discharged, 841.
deliver verdict publicly, and to be entered on the docket, 841.
then jury cannot agree, 841.
verdict improper, new trial may be granted, 341.
opposite party to have reasonable notice of motion for new trial, 342.
proceedings same as in first trial, 842.
when appeal may be made, 842.
which party pays costs on appeal, 342.
fees of jury, when and how paid, 842.
of exceptions before justice, 842.
Arbitration.
cases how submitted to, 848.
arbitrators hear and determine, and their award, 843.
judgment on their award final, anless it appear fraudulent, 343.
how judgment set aside, 843.
no appeal allowed except when, 843.
when district court sets aside, 844.
when it sustains, 344.
Trial of the Right of Property levied on or Attached, 844.
when property attached is claimed by another party, 844.
if justices satisfied of claimant's right, shall restore property, 844.
if not satisfied, claimants to pay costs of trial of right, 844.

Judgments.

of dismissal without prejudice, in what cases, 345.
if either plaintiff or defendant fail to appear, 846.
when judgment against absent defendant set aside, 845.
judgment entered immediately, 346.
when amount due exceeds authorized judgment, 846.
if defendant offer judgment for specified sum, 846.

Appeals.

in what cases, 846.
party appealing to give undertaking, 346.
justice to deliver record and papers in case, to whom, 346.
clerk of court to file same, 847.
parties named, and proceed as in court below, 847.
if appellant fails to deliver papers to clerk, when; court may enter judgment similar
to justice, 847.