Page:1862-63 Territory of Dakota Session Laws.pdf/176

Rh Sec. 16. When a defendant is brought before a justice on a warrant, he shall be detained in the custody of the officer, until the justice shall direct bis release ; but in no case shall the de- fendant bo detained longer than twelve hours from the time he shall be brought before the justice, unless within that time the trial of the cause has commenced, or unless it lias been delayed at the instance of the defendant.

Sec. 17. Every justice issuing any process authorized by this act, upon being satisfied that such process will not be executed, for want of an officer to be had in time to execute the same, may empower any suitable person, not being a party to the suit, to execute the same, by an indorsement on the process, to the following effect : “At the request and risk of the plaintiff, I authorized A. B. to execute and return this writ, E. F., justice of the peace;" and the person so empowered shall thereupon possess all the authority of a constable in relation to tho execution of such process, and shall be subject to the same obligations, and shall receive the same fees for his services.

Sec. 18. If any officer, without showing good cause therefor, fail to execute any process to him delivered, and make due return thereof, or make false return, such officer, for every such offense, sha!l pay to the party injured ten dollars, and all damages such party may have sustained by reason thereof, to be recovered in a civil action founded upon this statute.

Sec. 19. Parties in justices' courts may prosecute or defend in person, or by atto and any person may act as attorney in justices' courts, except that the constable by whom the summons or jury process was served, cannot appear or act on the trial, in behalf of either party. The authority of a person to act as attorney for another, may be oral or written; but unless admitted by the adverse party, must be proved by the oath of the attorney or otherwise.

Sec. 20. No suit shall be instituted by an infant plaintiff until a next friend for such infant shall have been appointed. Whenever requested, the justice shall appoint come suitable person, who shall consent thereto in writing, to be named by such plaintiff, to act as his next friend in such suit, who shall be responsible for the costs therein.