Page:1862 Territory of Dakota Session Laws.pdf/381

364 before whom the summons was returnable, must resume jurisdiction.

. 179. The summons, execution, and every other paper made or issued by a justice must be filled without a blank to be filled by another; otherwise it is void.

. 180. A justice, at the request of a party, and on being satisfied that it is expedient, may specially depute any discreet person of suitable age, and not interested in the action, to serve any process of said justice authorized by law. Such deputation must be in writing on the process.

. 181. The person so deputed has the authority of a constable, in relation to the service, execution, and return of such process, and is subject to the same obligation, but there can be no fee of his services taxed in the bill of costs.

. 182. A justice may punish, as for contempt, persons guilty of the following acts, and no others: 1. Disorderly, contemptuous, or insolent behavior towards the justice, tending to interrupt the due course of the trial, or other judicial proceedings before him. 2. A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial, or other judicial proceeding. 3. Wilful resistance in the presence of the justice, to the execution of a lawful order, or process made or issued by him.

. 183. A warrant of arrest may be issued by such justice, on which the person so guilty may be arrested, and brought before the justice, when an opportunity to be heard in his defence or excuse must be given. The justice may thereupon discharge him, or may convict him for the offence and adjudge a punishment by fine or imprisonment, or both; such fine not to exceed twenty dollars, and such imprisonment ten days, the money collected on such fine shall be for the support of common schools in said county.

. 184. The conviction, specifying particularly the offence and judgment thereon, must be entered in his docket. A warrant of commitment to the jail of the county, until the fine be paid, or for the term of imprisonment, may then be issued; such warrant must contain a transcript of the entry in the docket, and the same must be executed by any constable to whom it may be given, and by the jailer of the county.