Page:1889 North Dakota Session Laws.pdf/159

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COUNTY COURTS.
163

dered by a county court may cause a transcript thereof to be filed in the office of the clerk of the district court in any county of this State, and when said transcript is so filed, and entered upon the judgment record, such judgment shall be a lien on real estate in the county where the same is filed, and when the same is so filed and entered upon such judgment book, the clerk of such court may issue execution thereupon in like manner as execution is issued upon judgments rendered in the district court.

§ 11. EXECUTION ON JUDGMENT.] The county judge shall issue execution on judgments rendered by said court, and the proceedings upon any such execution shall, in all cases, be as is provided by law governing executions issued upon the judgments of a justice of the peace.

§ 12. WRITS, HOW ISSUED. ] All writs, citations, and all process in civil actions, issuing out of any county court, shall be under the seal thereof, and be signed by the county judge.

§ 13. PROCESS, PENALTY OF FAILURE TO SERVE.] All process in civil actions in such court shall be directed to the sheriff or any constable of the county and the same shall be served by the officer to whom it is directed, and return thereof made at the time therein directed; and for any neglect or omission to do so, he and his sureties may be proceeded against in like manner as in similar cases in the district court.

§ 14. PROCESS, HOW SERVED.] All writs, notices, orders, cita- tions and other process, may be served in like manner as a sum- mons in a civil action in the district court, and the service of the same by copy left at the usual place of residence of the party to be served, shall be deemed equivalent to personal service thereof in case personal service is required by law. In cases where writs, notices, citations or other process cannot be served as aforesaid in this State, the county court may, in cases where it may be necessary, order the service thereof to be made by publication in some newspaper in this State in such manner as the court may direct, and thereupon the same proceedings may be had as if such writ or other process had been served as aforesaid in this State. Nothing contained in this section shall limit or take away the power of the county court or judge thereof, to give notice or cause the same to be given by publication in the various cases provided by law.

§ 15. SAME.] All writs and other process, except subpænaes, may be executed and served, as the case may require, in any county in the State, and if it be a county other than that of the residence of the county judge, the same shall be directed to the sheriff of such other county.

§ 16. SHERIFF TO SERVE.] It shall be the duty of the sheriffs of the several counties to execute or serve all writs and process issued by any county court and to them directed, and to return the same; for any neglect or refusal so to do, they may be pro-