Page:1862-63 Territory of Dakota Session Laws.pdf/180

 the county a transcript of all the entries made in his docket relating to the case, together with all the process and other papers relating to the suit, in the same manner, and within the same time as upon an appeal; and thereupon the district court shall proceed in the cause to find judgment and execution, the same as if the raid sait had been originally commenced therein, and the costs shall abide the event of the suit.

Sec. 39. Every adjournment after the first, shall be for such reasonable tiine as will enable the party to procure such absent testimony or witness, as may be necessary and material, which the party applying for the adjournment shall not have been able to procure by the use of proper diligence; and shall be at the cost of the party applying therefor, unless otherwise ordered by the justice.

Sec. 40. If a cause commenced by a warrant be adjourned by the consent of both parties, or on the application of the plaintiff, the defendant shall be discharged from custody.

Sec. 41. But if such cause be adjourned upon the application of the defendant, he shall continue during the time of the adjournment in the custody of the officer, unless he shall enter into recognizance before the justice, with such security as the justice approves, in a penalty sufficient to secure the plaintiff's demand and costs, conditioned that if said judgment be given against him in the suit, anıl execution be issued against his person, he will render himself upon such execution before the return day thereof; or that he or his security will pay the judgment so recovered.

Sec. 42. If any such recognizance shall have been given upon any prior adjournment, it shall not be necessary to enter into any recognizance upon a subsequent adjournment, unless such recognizance be required by the justice, or the bail of the defendant, in such prior recognizance.

Sec. 43. In any suit brought upon such recognizance, the plaintiff shall not be entitled to recover, unless he shows an execution, or a duly certified copy thereof upon the judgment, obtained in the suit in which such adjournment was had, duly issued within six days after the time, when the same could have been issued against the person of the defendant, and a return thereon that such defendant could not be found.