body or board, by reason of his refusal or neglect to perform the duty so enjoined.
GENERAL PROVISIONS APPLICABLE TO THE WHOLE CODE.
CHAPTER I.—Process.
Style of all process. Sealed, signed, and dated.Sect. 594. The style of all process shall be “The Territory of Dakota, ——— county.” It shall be under the seal of court from whence the same shall issue, shall be signed by the clerk, and dated the day it issued.
If sheriff interested party, coroner acts for him.Sect. 595. An order for the provisional remedy or any other process, in an action wherein the sheriff is a party or is interested, shall be directed to the coroner. If both interested.If both these officers are interested, the process shall be directed to and executed by a person appointed by the court or judge.
Court may appoint special officer. Fees same as sheriff's.Sect. 596. The court or judge, for good cause, may appoint a person to serve a particular process or order, who shall have the same power to execute it which the sheriff has. The person may be appointed on the motion of the party obtaining the process or order, and the return must be verified by affidavit. He shall be entitled to the fees allowed to the sheriff for similar services.
CHAPTER II.—Duties of Clerks.
Writs and orders for provisional remedies.Sect. 597. All writs and orders for provisional remedies, and process of every kind, shall be issued by the clerks of the several courts. Before they shall be issued, a precipe shall be filed with the clerk demanding the same; which precipe shall be for the direction of the clerk, and not material to the papers in the case, after the issuing of such writ or process.
Shall file all papers.Sect. 598. It is the duty of the clerk of each of the courts to file together and carefully preserve, in his office, all papers
