Page:1862 Territory of Dakota Session Laws.pdf/564

Rh JUSTICES OF THE PEACE-Continued.


 * when not served by officer, no fees charged, 888.


 * if witness attend, and is not examined, costs, how paid, 388.


 * when witness may be compelled to appear, 888.


 * when witness is arrested, or refuses to testify - penalty, 889.


 * fines for support of common schools, 339.


 * person neglecting, or refusing to testify, responsible for damages, 889.


 * Depositions taken as before district court, 889.

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 * if no jury demanded, justice to try action, 339.


 * where parties agree to enter without process, 339.

Jury.


 * either party may demand, 840.


 * how to be selected, 840.


 * form of summons for, 340.


 * constable serve summons, how, 840.


 * jurors neglecting to attend, 840.


 * if panel be not full, constable to fill same, 841.


 * jury to attend at time of trial, 841.


 * competency of juror questioned, jury to make oath or affirmation, 341.


 * after being sworn, to be kept together until discharged, 841.


 * deliver verdict publicly, and to be entered on the docket, 841.


 * then jury cannot agree, 841.


 * verdict improper, new trial may be granted, 341.


 * opposite party to have reasonable notice of motion for new trial, 342.


 * proceedings same as in first trial, 842.


 * when appeal may be made, 842.


 * which party pays costs on appeal, 342.


 * fees of jury, when and how paid, 842.


 * of exceptions before justice, 842.


 * Arbitration.


 * cases how submitted to, 848.


 * arbitrators hear and determine, and their award, 843.


 * judgment on their award final, anless it appear fraudulent, 343.


 * how judgment set aside, 843.


 * no appeal allowed except when, 843.


 * when district court sets aside, 844.


 * when it sustains, 344.


 * Trial of the Right of Property levied on or Attached, 844.


 * when property attached is claimed by another party, 844.


 * if justices satisfied of claimant's right, shall restore property, 844.


 * if not satisfied, claimants to pay costs of trial of right, 844.

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 * of dismissal without prejudice, in what cases, 345.


 * if either plaintiff or defendant fail to appear, 846.


 * when judgment against absent defendant set aside, 845.


 * judgment entered immediately, 346.


 * when amount due exceeds authorized judgment, 846.


 * if defendant offer judgment for specified sum, 846.

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 * in what cases, 846.


 * party appealing to give undertaking, 346.


 * justice to deliver record and papers in case, to whom, 346.


 * clerk of court to file same, 847.


 * parties named, and proceed as in court below, 847.


 * if appellant fails to deliver papers to clerk, when; court may enter judgment similar


 * to justice, 847.