Page:1862 Territory of Dakota Session Laws.pdf/119

102 not making such proof. 4. The charges must also be verified by the party or the clerk who made the entries, to the effect that they believe them just and true, or a sufficient reason must be given why the verification is not made.

. 327. Every private writing, except a last will and testament, after being acknowledged or proved and certified in the manner prescribed for the proof of acknowledgment of conveyances of real property, may be read in evidence without further proof.

. 328. The judge of the court is a competent witness for either party, and may be sworn upon the trial. But in such a case it is in his discretion to order the trial to be postponed or suspended, and to take place before another judge.

. 329. The usual protest by a notary public, without proof of his signature or notarial seal, is evidence of the dishonor and notice of a bill of exchange or promissory note.

. 330. The clerks of the several district courts, and judges of the other courts, shall, on application of any person having a cause or any matter pending in court, issue a subpna for witnesses under the seal of the court, inserting all the names required by the applicant in one subpna, which may be served by any person not interested in the action, or by the sheriff, coroner, or constable; but when served by any person other than a public officer, proof of service shall be shown by affidavit; but no costs of serving the same shall be allowed except when served by an officer.

. 331. The subpna shall be directed to the person therein named, requiring him to attend at a particular time and place, to testify as a witness; and it may contain a clause, directing the witness to bring with him any book, writing, or other thing under his control, which he is bound by law to produce as evidence.

. 332. When the attendance of the witness before any officer, authorized to take depositions, is required, the subpna shall be issued by such officer.

. 333. The subpna shall be served either by reading or by copy, delivered to the witness, or left at his usual place