Page:1862 Territory of Dakota Session Laws.pdf/132

CHAP. VIII.] reports, verdicts, orders, judgments, and all material acts and proceedings of the court; but if the items of an account or the copies of a paper attached to the pleadings be voluminous, the court may order the record to be made by abbreviating the same, or inserting a pertinent description thereof, or by omitting them entirely. Evidence must not be recorded.

. 403. When the judicial acts or other proceedings of any court have not been regularly brought up and recorded by the clerk thereof, such court shall cause the same to be made up and recorded within such time as it may direct. When they are made up, and upon examination found to be correct, the presiding judge of such court shall subscribe the same.

. 404. No complete record shall be made: 1. In criminal prosecutions where the indictment has been quashed, or where the prosecuting attorney shall have entered a nolle prosequi on the indictment. 2. In cases where an action has been dismissed without prejudice to a future action. 3. In actions in which, in open court, at the term at which the final order of judgment shall be made, both parties shall declare their agreement that no record shall be made.

. 405. In cases where an action has been dismissed without prejudice to a future action, the clerk shall make a complete record of the proceedings, upon being paid for making the same by the party desiring the record to be made.

. 406. A complete record shall be made in the case mentioned in section three hundred and eighty-seven, unless waived by the parties.

. 407. Real property may be conveyed by master commissioners as hereinafter provided: 1. When by an order or judgment in an action or proceeding, a party is ordered to convey such property to another, and he shall neglect or refuse to comply with such order or judgment. 2. When specific real property is required to be sold under an order or judgment of the court.

. 408. A sheriff may act as master commissioner under the second subdivision of the preceding section. Sales