Page:1862 Territory of Dakota Session Laws.pdf/345

328 is issued, signed by the justice issuing the same, directed to the constable or sheriff of the proper county (except in case a person be deputed to serve it, in which case it shall be directed to such person), must contain the names of the defendant or defendants, if known; if unknown, give a description of him or them, and command the officer or person serving the same, to summon the defendant or defendants to appear before such justice, at his office, in county, at a time specified therein, and must describe the plaintiff's cause of action in such general terms as to apprise the defendant of the nature of the claim against him, and there shall be indorsed on the writ the amount for which the plaint will take judgment if the defendant fail to appear. If the defendant fail to appear, judgment shall not be rendered for a larger amount and the costs.

. 8. The summons must be returnable not more than twelve days from its date, and must be served at least three days before the time of appearance, as follows: 1. By delivering a copy of the summons with the indorsement thereon (certified by the constable or person serving the same to be a true copy), to the defendant, or leaving the same at his usual place of residence. 2. An acknowledgment on the back of the summons, or the voluntary appearance of a defendant, is equivalent to service.

. 9. A summons against a corporation may be served upon the president, mayor, chairman of the board of directors or trustees, or other chief officer; or, if its chief officer be not found in the county, upon its cashier, treasurer, secretary, clerk, or managing agent; or, if none of the aforesaid officers can be found, by a copy left at the office or usual place of business of such corporation, with the person having charge thereof.

. 10. When the defendant is an incorporated insurance company, and the action is brought in a county in which there is an agency thereof, the service may be upon the chief officer of such agency.

. 11. When the defendant is a foreign corporation, having a managing agent in this territory, the service may be upon such agent.

. 12. When the defendant is a minor under the age of fourteen years, the service must be upon him and upon his