Page:1862-63 Territory of Dakota Session Laws.pdf/175

165 and be directed to the sheriff or any constable of the proper county.

Sec. 11. In all cases not otherwise especially provided for, the first process shall be by summons, commanding the officer to summon the defendant, to appear before such justice at the tinic and place to lc expressed in such summons, not less than six nor more than twenty days from the date thereof, to answer to the plaintiff in a civil action, which summons shall be served at least six days before the time of appearance therein mentioned, by reading the same to the defendant, and delivering a copy thereof to him, if requested by such defendant, if such defendant shall be found, and if not found, by leaving a copy thereof at his or her last usual place of abode.

Sec. 12. Every constable or sheriff, serving any process authorized by this act, shall return thereon in writing the time and manner of service, and shall sign his name to return.

Sec. 13. A justice of the peace shall issue & warrant in every case where he is satisfied from the affidavit of the person demanding the same, or from any other person, that the plaintiff has a subsisting and unsatisfied cause of action against the defendant, and that the defendant is a nonresident of the counts, or is about to remove from the county, with an intent not to return thereto.

Sec. 14. A warrant shall command the sheriff or constable to take the body of the defendant, and bring him forthwith before such justice, to answer the plaintiff in a civil action and shall further require the sheriff or constable, after he shall have arrested the defendant, to notify the plaintiff of such arrest.

Sec. 15. A warrant shall be served by arresting the defendant, and taking him before the justice who issued the same; but if such justice be, on the return thereof, absent or unable to try the cause, or if it be made to appear to the justice, by the affidavit of the defendant, that said justice is a material witness for the defendant in the case, or is near of kin to the plaintiff in the suit, stating therein the degree, the officer shall forth with take the defendant to the nearest justice of the same county, who shall take cognizance of the cause, and proceed therein as if the warrant had been issued by himself.