Page:1862 Territory of Dakota Session Laws.pdf/377

360 remaining unsatisfied; which shall be served and returned in all respects as other executions are under this act.

. 161. All constables shall be ministerial officers in justices' courts, in their respective counties, in civil and criminal cases, and civil and criminal process may be executed by them throughout the county.

. 162. It shall be the duty of every constable to serve and execute all warrants, writs, precepts, executions, and other process to him directed and delivered, and in all respects whatever, to do and perform all things pertaining to the office of constable.

. 163. In discharging their duties, constables may call to their aid the power of the county, or such assistance as may be necessary. It shall be the duty of every constable to make due return of all process to him directed and delivered, at the proper office and on the proper return day thereof; or if the judgment be docketed in the district court, appealed, or stayed, upon which he has an execution, on notice, to return the execution, stating thereon such fact.

. 164. It shall be the duty of every constable, on the receipt of any writ or other process (subpnas excepted), to note thereon the time of receiving the same; he shall also state in his return on the same, the time and manner of executing it.

. 165. No constable shall make a return on any process of "not found," as to any defendant, unless he shall have been once at least to his usual place of residence of the defendant, if such defendant have any in the county.

. 166. It shall be the duty of every constable to apprehend, on view or warrant, and bring to justice all felons and disturbers and violators of the criminal laws of this territory, to suppress all riots, affrays, and unlawful assemblies, which may come to his knowledge, and generally to keep the peace in his proper county.

. 167. In serving all process, either civil or criminal, and in doing his duties generally, when not otherwise restricted by law, the authority of a constable shall extend