Page:1862-63 Territory of Dakota Session Laws.pdf/189

180 by law to a judgment of the district court of the same county, shall be equally under the control of the district court, and shall be carried with the execution in the same manner and with like effect as the judgment of such district courts, but no execution shall be in force thereon out of the district court, until an execution shall have been in force by a justice, and returned, that the defendant or defendants have no goods or chattels whereon to levy the same.

Execution.

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Sec. 75. If, on the return of the process, or at any time before trial shall have commenced in any cause or proceeding, civil or criminal, either party, his agent or attorney, shall make affidavit that the justice before whom the same is pending is a material witness for said defendant, without whose testimony he cannot safely proceed to a trial thereof; or that from prejudice, bias, or other cause, he believes such justice will not decide impartially in the matter; or if it shall be proven that the justice is near of kin to the plaintiff, then, in such case, the said justice shall transfer said suit and all other papers appertaining to the same, to some other justice of the same or adjoining precinct, who may thereupon proceed to hear and determine the same in the same manner as it would have been lawful for the justice before whom the said cause or proceeding was commenced to have done: Provided, that no cause or proceeding shall be removed more than once.

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Sec. 76. In cases where the plaintiff shall be non-suited, or withdraw his action, or where judgment shall have been confessed, and in all cases where a verdict shall be rendered, or the defendant shall be in custody at the time of hearing the cause, the justice shall forthwith render judgment, and shall enter the same in his docket. In all other cases, he shall render judgment, and enter the same in his docket within three days after the cause shall have been submitted to him for his decision.

Sec. 77. The execution upon a judgment by a justice of the peace may be stayed in the manner hereinafter provided, upon reasonable notice to the opposite party; and for the following periods of time, to be calculated from the date of the judgment:

1. If the judgment be for any sum not exceeding ten dollars, exclusive of costs, one month.