Page:1862 Territory of Dakota Session Laws.pdf/344

CHAP. XLIX.] trespass shall not exceed one hundred dollars, but a claim of title to such real estate set up by the defendant, shall take away or affect the jurisdiction hereby given.

. 4. Justices shall not have cognizance of any action: 1. To recover damages for an assault, or assault and battery; or, 2. In any action for malicious prosecution; or, 3. In actions against justices of the peace or other officers for misconduct in office, except in cases provided for in this act; or, 4. In actions for slander, verbal or written; or, 5. In actions on contracts for real estate; or, 6. In actions in which the title to real estate is sought to be recovered, or may be drawn in question, except actions for trespass on real estate which are provided for in this act.

. 5. Actions before justices of the peace are commenced by summons, or by the appearance and agreement of the parties without summons. . In the former the action is deemed commenced upon delivery of the writ to the constable to be served; and he shall note thereon the time of receiving the same. In the latter case, the action is deemed commenced at the time of docketing the case.

. 6. When a guardian to the suit is necessary, he must be appointed by the justice as follows: 1. If the infant be plaintiff, the appointment must be made before the summons is issued, upon the application of the infant, if he be of the age of fourteen years or upwards; if under that age, upon the application of some friend. The consent in writing of the guardian to be appointed, and to be responsible for costs if he fail in the action, must be filed with the justice. 2. If the infant be defendant, the guardian must be appointed before the trial. It is the right of the infant to nominate his own guardian, if the infant be over fourteen years of age, and the proposed guardian be present and consent in writing to be appointed. Otherwise the justice may appoint any suitable person who gives such consent.

. 7. The style of the summons shall be: “The Territory of Dakota, county;" it shall be dated the day it