Page:1862-63 Territory of Dakota Session Laws.pdf/177

168 Sec. 21. Every defendant in a suit may appear and defend the same, either in person or by agent, except persons under twenty-one years of age.

Sec. 22. After the service and return of process against an infant defendant, the suit shall not be further prosecuted until a guardian for such defendant shall have been appointed. Upon the request of such defendant, the justice shall appoint some person, who shall consent thereto in writing, to be guardian of the defendant in defense of the suit; and if the defendant shall not appear on the return day of the processs, or if he neglect or refuse to nominate such guardian, the justice may, at the request of tho plaintiff, appoint any discreet person as such guardian; and the consent of such guardian or next friend shall be filed with the justice, and the guardian of the defendant shall not be liable for any cost in the suit.

Sec. 23. The parties are entitled to one hour in which to to make their appearance after the time mentioned in the summons for appearance; bat are not bound to remain longer than that time, unless both parties appear, and the justice being present, is actually engaged in the trial of another action, or of a special proceeding; in such case, he may postpone the time of appearance until the close of the trial.

Sec. 24. The pleadings in justices' courts must take place at the time mentioned in the summons for the appearance of the parties, or at such time thereafter, not exceeding one week, as the justice may appoint, for the convenience of the parties, and by their consent.

Sec. 25. The pleadings in justices' courts are:

1. The complaint by the plaintiff, stating the cause of action.

2. The answer by defendant, stating the grounds of defense.

3. When the answer sets up a counter claim by way of a set off, the reply by the plaintiff.

Sec. 26. The pleadings may be oral, or they may be in writing; if oral, the substance of them must be entered by the justice in his docket; if in writing, they must be filed in his office, and a reference to them made in his docket; they are