Page:1862 Territory of Dakota Session Laws.pdf/172

CHAP. VII.]

. 607. Any duty enjoined by this code upon a ministerial officer, and any act permitted to be done by him may be performed by his lawful deputy.

. 608. Whenever an oath is required by this code, the affirmation of a person conscientiously scrupulous of taking an oath, shall have the same effect.

. 609. The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last; if the last day may be Sunday, it shall be excluded.

. 610. Section three hundred and eighty-eight shall not be construed to impair the right of a party to a jury, if he appear at the trial by himself or attorney, and demand the same.

. 611. The ministerial officer, whose duty it is to take security in any undertaking provided for by this code, shall have the right to require the person offered as surety, to make an affidavit of his qualifications, which affidavit may be made before such officer. The taking of such affidavit shall not exempt the officer from any liability to which he might otherwise be subject, for taking insufficient security.

. 612. The surety in every undertaking provided for by this code, must be a resident of this territory, and worth double the sum to be secured, beyond the amount of his debts, and have property liable to execution in this territory equal to the sum to be secured. Where there are two or more sureties in the same undertaking, they must in the aggregate have the qualifications prescribed in this section.

. 613. The judges of the supreme court shall, at the first session of the supreme court, after this code shall take effect, and every two years thereafter, revise their general rules, and make such amendments thereto as may be necessary to carry into effect the provisions of this code; and they shall make such further rules, consistent therewith, as they may deem proper. The rules so made shall apply to the supreme court and the district courts.