Page:1862 Territory of Dakota Session Laws.pdf/310

CHAP. XXXIV.] person who continues in possession three years quietly and peaceably by disseizin, any thing in this act to the contrary notwithstanding

. 14. The complainant shall be entitled to bring a civil action against the person complained of, and who shall be found guilty on the trial, and may recover treble damages from the time of notice to quit the premises, and until that time damages only.

. 15. Every person summoned as a juror, or subpenaed as a witness, who shall not appear, or appearing, shall refuse to serve or give evidence, in any prosecution instituted by virtue of this act, shall forfeit and pay for every such default or refusal, unless some reasonable cause be assigned, such fine, not exceeding ten dollars, as the said justice shall think proper to impose.

. 16. All fines imposed by virtue of this act, shall be paid to the county treasurer of the county where the action is commenced, for the use of common schools, and the said justice may commit the person against whom the fine is imposed, to the common jail of the county until such fine be paid, or the said justice may issue an execution therefor, as in other cases ex delicto.

. 17. If either party, shall feel aggrieved by the verdict of the jury or decision of the justice, he may appeal within ten days, as in other cases tried before justices of the peace, except his bond shall be with two or more sufficient sureties, to be approved by said justice, conditioned to pay all costs of such appeal, and abide the order the court may make therein, and pay all rent and other damages justly accruing to said complainant during the pendency of such appeal.

. 18. Upon the taking of such appeal all further proceedings in the case shall be thereby stayed, and the appellate court shall thereafter issue all needful writs and processes, to carry out the provisions of this act, according to the true intent and meaning thereof.

. 19. If a writ of restitution shall have been issued previous to the taking of any appeal, as provided in this act, the justice shall forthwith give the appellate a certificate of the allowance of such appeal, and upon the service of the [same upon the] officer having such writ of restitution, the