Page:1862 Territory of Dakota Session Laws.pdf/65

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48
BOATS AND VESSELS.
[CHAP. VII.

Court may order sale, when.Sect. 10. If judgment shall be rendered against any boat or vessel, in favor of the plaintiff, the court shall make an order, directed to the sheriff, commanding him to sell such boat or vessel, together with its tackle, apparel, and furniture, to satisfy the judgment, and all costs that may have accrued in the cause, which order shall be executed and returned in the same manner as executions.

If bond is given, execution issue against principal and security.Sect. 11. If bond and security shall have been entered into according to the ninth section of this act, and judgment shall have been rendered in favor of the plaintiff, execution shall be issued for the amount of judgment and costs in favor of the plaintiff, against the principal and security in such bond.

Justices have cognizance, when.Sect. 12. Justices of the peace within their respective counties, shall have cognizance of all cases arising under this act, when the demand claimed shall not exceed the jurisdiction of a justice of the peace.

Justices, how governed.Sect. 13. In all their proceedings, justices of the peace shall conform to the provisions of the law governing justices' courts, and as near as may be to the provisions of this act, as they apply in the district court.

Warrants returnable forthwith. Decided in a summary manner.Sect. 14. Each warrant issued by a justice of the peace under this act, shall be returnable forthwith; and upon the return of such warrant it shall be the duty of the justice of the peace to hear and determine the complaint of the plaintiff in a summary manner.

Warrants served and returned, how.Sect. 15. All warrants issued by the provisions of this act, shall be served and returned as writs of attachments are served and returned.

Officer may sell such part as may be necessary.Sect. 16. Whenever an order of sale shall be made for the sale of a boat or vessel, with its tackle, apparel, and furniture, the sheriff or constable shall have power to sell such part thereof, or such material therein, as shall be necessary to satisfy the amount of judgment rendered in favor of the plaintiff, and all the costs that may have accrued.

Continuance granted, when and for what cause.Sect. 17. Upon good and sufficient cause shown by the master, owner, agent, or consignee of any boat or vessel sold under this act, the court or justice of the peace may grant a continuance of the cause; but no such continuance shall operate as a discharge of such boat or vessel from the custody of the sheriff or constable.