Page:1862 Territory of Dakota Session Laws.pdf/355

338 of material testimony which he expects to procure, safely proceed to trial.

. 50. An adjournment may be had either at the return day, or at any subsequent time to which the cause may stand adjourned, on the application of either party, for a period longer than thirty days, but not to exceed ninety days from the time of the return of the summons, upon compliance with the provisions of the preceding section, and upon proof, by the oath of the party or otherwise, to the satisfaction of the justice, that such party cannot be ready for trial before the time to which he desires an adjournment, for the want of material evidence, describing it; that the delay has not been made necessary by any act or negligence on his part since the action was commenced, and that he expects to procure the evidence at the time stated by him.

. 51. Any justice may issue subpnas to compel the attendance of witnesses to give evidence on any trial pending before himself, or for the purpose of taking depositions, or to perpetuate testimony.

. 52. A subpna may be served by a constable or any other person, and shall be served by reading the same or stating the contents thereof to the witness, or by leaving a copy thereof at his usual place of residence.

. 53. When not served by a constable, or some person deputed for that purpose by a justice, no fees shall be charged in the suit for serving it.

. 54. If any witness, having been subpnaed, attend and be not examined by either party, the costs of such witness shall be paid by the party ordering the subpna, unless the adverse party, by confessing the matter or otherwise, render unnecessary the examination of such witness.

. 55. Whenever it shall appear to the satisfaction of a justice, by proof made before him, that any person has been duly served with a subpna to appear and give testimony before him, in any matter in which he has authority to require such witness to appear and testify, that his testimony is material, and that he refuses or neglects to attend as such witness in conformity to such subpna, the justice shall