Page:1862 Territory of Dakota Session Laws.pdf/307

290 . 3. When any complaint shall be made in writing to any justice of the peace, of any such unlawful or forcible entry or unlawful detainer, said justice shall issue a summons, directed to the sheriff or any constable of the same county, commanding him to summons the person or persons against whom such complaint shall have been made, to appear before the said justice on a day in such summons named, which shall not be less than six nor more than ten days from the day of issuing said summons, and at the place therein named.

. 4. Such summons shall be served upon the person or persons, against whom the same is issued, by delivering a certified copy thereof to such person or persons, at least three days before the return day thereof; and the officer serving the same shall make a special return of the time and manner of serving said summons.

. 5. After the return of the said summons served as hereinbefore provided, and at the time and place appointed in said summons, the said justice shall proceed to hear and determine said complaint: Provided, That if either party shall call for a trial by jury, the said justice shall issue a venire, in the same manner, upon the same terms, as in other cases provided for trial by jury in justices' courts; and such jury shall be sworn as in other cases.

. 6. If at the time of making said complaint it shall be made to appear that the person or persons against whom said complaint is made, or either of them, are absent from the county, it shall be the duty of the justice before whom the same is made, to issue his summons as hereinbefore provided, and make the same returnable not less than six, nor more than ten days from the time of issuing the same, and such summons may be served by leaving a true and attested copy thereof at the last and usual place of such person or persons' abode, not less than six days before the return day thereof; such copy shall be left with some member of the family, or some person residing at such place, of suitable age and discretion, to whom the contents shall be explained by the officer leaving the same; and the said officer shall make a special return of the time and manner of issuing said summons; and the suit shall thereafter proceed the same as though a personal service were had of such summons.

. 7. The justice may, at his discretion, adjourn any