Page:1862 Territory of Dakota Session Laws.pdf/379

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362
JUSTICES OF THE PEACE.
[CHAP. XLIX.

or attach property was made, such fact must be stated, together with the affidavit upon which such order was made. 3. The filing of the bill of particulars of either party, and nature thereof, and when not of too great length, the same shall be entered at length on the docket. 4. Which of the parties, if either of them appear at the trial. 5. Every adjournment, stating on whose application, whether on oath or consent, and to what time. 6. When trial by jury is demanded, the demand must be stated, and by whom made, the names of the jurors selected, and the time appointed for the trial. 7. The name of the jurors who appear and of those sworn, the names of all witnesses sworn, and at whose request. 8. The exceptions to the ruling of the justice, on questions of law, taken by either party. 9: The verdict of the jury, and when received; if the jury disagree and are discharged, that fact must be stated. 10. The judgment of the justice, specifying the items of costs included, and the time when rendered. 11. The issuing of execution and orders to sell, when issued and to whom, the renewals thereof, if any, when made, the return and when made, and a statement of any money paid to the justice and by whom. 12. The giving of a transcript, to be filed in the clerk's office, and when given. 13. If appeal be taken, the undertaking and the time of entering into the same, and by which party taken. 14. The undertaking for stay of execution, and the time of giving the same. 15. The satisfaction of the judgment, and the time of satisfying the same.

Sect. 173. The several particulars in the last section specified, must be entered under the title of the action to which they relate, and at the time when they occurred (except that bills of exceptions, in regard to the rulings on questions of law or evidence, need not be entered until after the judgment, unless required by the justice or one of the parties); such entries in a justice's docket, or a transcript thereof, certified by the justice or his successor in office, shall be evidence to prove the facts stated therein.

Sect. 174. A justice must keep an alphabetical index to his docket, in which must be entered the names of the parties to each judgment, with reference to the page of the entry; the names of the plaintiffs must be entered in the index in the alphabetical order of the first letter of the family names;