Page:1862-63 Territory of Dakota Session Laws.pdf/188

 set-off, he shall so certify on the transcript, and return the same to tho party who offered it.

Sec. 70. That any justice of the peace in this territory may enter a judgment by confession, if the defendant or defendants is any case when the debts or damages shall not exceed one hundred dollars, with such stay of execution as may be agreed on by-the parties interested in such judgment.

Sec. 71. No confession shall be taken, or judgment rendered thereon, unless the following requisites be complied with:

1. The defendant must personally appear before the justice.

2. The confession shall be in writing, signed by the defendant, and verified by his oath, and filed with tho justice.

3. If it be for money due, or to become due, the confession must state concisely the facts out of which it arose, and must show that the sum confessed therefor is honestly due, or to become due. If it be for the purpose of securing a contingent liability, it must state concisely the facts constituting the liability, and must show that the sum confessed therefor docs not exceed the same.

Sec. 72. The statement and affidavit may be filed with the justice of the peace, who must endorse upon it the time of filing, and must enter upon his judgment-book a judgment for the amount confessed, with one dollar costs. “The statement and affidavit, with the judgment endorsed thereupon, become the judgment roll.

Sec. 73. Every justice, on demand of any person in whose favor a judgment has been confessed, as hereinbelure provided, shall give a certified transcript of such judgment, and the clerk of the district court of the same county in which judgment was rendered, shall, upon the production of any such transcript, file the same in his office, and forthwith enter such judgment in his docket of the district court judgment and degrees, and shall note the time of filing such transcript.

Sec. 74. Every such judgment from the time of filing the transcript thereof, shall have the same lien on the real estate of the defendant or defendants in the county, as may be allowed