Page:1862 Territory of Dakota Session Laws.pdf/308

CHAP. XXXIV.] trial under this act, not exceeding six days; but in all cases mentioned in section twelve in this act, if the defendant, his agent or attorney, shall make oath that he cannot safely proceed to trial, for the want of some material witness, naming him, that he has made due exertion to obtain said witness, and believes if an adjournment be allowed, he will be able to procure the attendance of said witness, or his deposition, in time to produce the same upon such trial; in which case, if such person or persons will give bond, with one or more sufficient sureties, conditioned to pay the said complainant for all rent that may accrue during the pendency of such suit, and all costs and damages consequent upon such adjournment, the said justice shall adjourn such cause for such reasonable time as may appear necessary, not exceeding three months.

. 8. The deposition of any witness, whose testimony may be considered necessary by either party, may be taken for the same reason, in the same manner, and with the same effect as is provided by law for taking of depositions to be used in justices' courts.

. 9. If, upon the trial of any complaint under this act, the justice or jury shall find that the defendant or defendants, or either of them, are guilty of the allegation in the complaint, the said justice shall thereupon enter judgment for the complainant, to have restitution of the premises, and shall impose such fines, not exceeding one hundred dollars, considering all the circumstances, as he may deem just, and shall tax the costs for the complainant, and may upon execution in favor of said complainant, for such costs as in other actions exdelicto, and the said justice shall also award and issue a writ of restitution; but if the said justice or the jury find that the person complained of is not guilty, the complaint, in their opinion, not having been supported, the said justice shall tax the costs against the complainant, and issue execution therefor.

. 10. If the jury impanneled as aforesaid, cannot agree upon a verdict, the justice before whom the trial is pending, may discharge said jury, if in his opinion they are not likely to agree upon a verdict, and issue a venire returnable forthwith, or at some other time agreed upon by the parties for the purpose of impanneling a new jury.

. 11. The complainant of any forcible entry, or any