Page:1862 Territory of Dakota Session Laws.pdf/368

CHAP. XLIX.] defendant; if not true, then a general verdict of not guilty; if true in part, then a verdict setting forth the facts they find true.

. 118. The justice shall enter the verdict upon his docket, and shall render such judgment in the action as if the facts, authorizing the finding of such verdict, had been found to be true by himself.

. 119. Exceptions to the opinion of the justice, in cases under this article, upon questions of law and evidence, may be taken by either party, whether tried by a jury or otherwise.

. 120. When a judgment of restitution shall be entered by a justice, he shall, at the request of the plaintiff, his agent or attorney, issue a writ of execution thereon, which shall be in the following form, as near as practicable:

ss.

To any constable of county:

Whereas, in a certain action for the forcible entry and detention (or the forcible detention, as the case may be), of the following described premises, to wit: lately tried before me, wherein  was plaintiff and was  defendant, judgment was rendered on the  day of,  , that the plaintiff have restitution of said premises, and also that he recover costs in the sum of. You, therefore, are hereby commanded to cause the defendant to be forthwith removed from said premises, and the said plaintiff to have restitution of the same; also that you levy of the goods and chattels of the said defendant, and make the costs aforesaid, and all accruing costs, and of this writ make legal service and due return.

Witness my hand this day of ,

, Justice of the Peace.

. 121. The officer shall, within ten days after receiving the writ, execute the same by restoring the plaintiff to the possession of the premises, and shall levy and collect the costs, and make return as upon other executions. If the officer shall receive a notice from the justice that the proceedings have been stayed by an allowance of a writ of error, he shall