Page:1862-63 Territory of Dakota Session Laws.pdf/187

178 ment thereupon, and to award execution in manner hereinafter directed.

Sec. 65. Whenever a justice shall be satisfied that a jury sworn in any civil cause before him, after having been out any reasonable time, cannot agree on their verdict, he may discharge them and issue a new venire, unless the parties consent that the justice may render judgment.

Sec. 66. Every person who shall be duly summoned as a juror, and shall not appear, nor render a reasonable excuse for his default, shall be subject to a fine not exceeding ten dollars.

Sec. 67, If there be mutual justices’ judgments between the same parties, upon which thetime for appealing has elapsed, on which their is no existing execution, one judgment on the application of either party, and reasonable notice given to the adverse party, may be set off against the other, by the justice before whom the judgment against which the set-off is proposed may be.

Sec. 68. If the judgment proposed as a set-off, was rendered before another justice, the party proposing such set-off must produce before the justice, a transcript of such judgment, upon which their is a certificate of the justice rendering the judgment, that it is unsatisfied in whole or in part, and that there is no appeal or existing execution thereon, and such transcript was obtained for the purpose of being a set-off against the judgment to which it was offered as a set-off. The justice granting such transcript, shall make an entry thereof in his docket, and all further proceedings on such judgment shall be stayed, unless such transcript shall be returned with the proper justices’ certificate therein, that it has not been allowed in set-off.

Sec. 69. If any justice shall set off one judgment against another, he shall wake an entry thereof in his docket, and execution shall issue only fur the balance which may be due after such set-of, If a justice shall allow a transcript of a judgment rendered by another justice to be set-off, he shall file such transcript among the papers relating to the judgment in which it is allowed in set-off; if be shall refuse such transcript as a