JUSTICES OF THE PEACE-Continued. if justice or constable purchase - penalty, 358. if live-stock taken, constable to be paid for keeping the same, 358. when goods remain unsold, 359. if constable permits party to retain possession, 359. when crops, &c., are attached, 359. when constable returns, his inability to levy in time prescribed, 359. OF CONSTABLES AND THEIR DUTIES, 360. may execute process throughout county, 360. to serve what papers to them directed, 360. may call to their aid the power of the county, 360. make returns, when, 360. note time of receiving and executing, 360. return "not found" only, when, 360. shall pay over money to whom, 361. penalty for making improper return, 361. GENERAL PROVISIONS. provisions of civil code applicable to justices' courts, 361. particulars, when and where entered, 362. entered in justices' docket, evidence, 362. alphabetical index to be kept, 362. deliver books and papers to successor, 363. if there be no successor, &c., 363. justices receiving, to give receipts, 363. powers of justices with whom docket may be left, in certain cases, 363. justice may deputize persons to serve process, with what power, 364. punishment for contempt, in what cases, 364. warrant of arrests, &c., 364. conviction must be entered in docket, 364. warrant of commitment, when issued, 364. when person bringing action is non-resident, 365. if they remove after commencement of action, 365. in actions founded on bonds, sealed bills, promissory note, &c., 365. if justice purchase judgment on his docket-penalty, 366. no imprisonment for debt, 366. nothing in that act applies to exempted property, 366. Act defining the Jurisdiction of Justices in Criminal Cases, and Proceedings therein, 367. cases, how commenced, 367. information contain what, 367. form of information, 367. same filed, and time of filing noted, 367. may then issue warrant for arrest, 367. how the same shall be served, 368. proceedings, when defendant is brought before justice, 368. pleas of defendant, 368. justice must try without jury, except when, 368. if change of venue applied for, 368. when allowed, justice must transmit papers, &c., 368. defendant may demand jury before taking testimony, 369. JUSTICES OF THE PEACE-Continued. officers summon jurors and make return, 369. when jury incomplete, 369. challenge to individual juror, but not to panel, allowed, 369. if officer do not return venire- penalty, 369. six accepted jurors constitute jury, 369. oath to be administered to them, 369. must sit together, and may decide in open court, 370. if deliberation necessary in forming verdict, to retire with sworn officer, 370. must deliver verdict publicly, and it shall be entered on docket, 370. jury discharged, when, 370. new trial, when. in case of plea of guilty or conviction, justice to render judgment, 370. when defendant is acquitted, to be discharged, 370. if prosecution is malicious, prosecuting witness pay costs, 370. judgment executed by peace officer of county, 371. fines for use of schools, 371. if committed for not paying fine, who to pay it to, 371. if fine paid to justice or sheriff, duplicate receipts executed, 371. either party may appeal, 371. defendant notified of right to appeal, 371. appeal, how taken, 371. execution not stayed, unless bail be given, 372. form of undertaking, 372. qualifications of bail, 372. bail taken by whom, 372. material witness must give undertaking for appearance, 372. when appealed, how it stands, 373. no appeal dismissed, 373. proceedings on judgment in appeal had in district court, 373. may appeal to supreme court, how, 373. Act to provide for Trials in certain cases before Justices of the Peace, 374. JURIES. qualifications of, 374. where district court is held, commissioners of county to select jury, how, 375. how grand and petit jurors are selected, and when, 375. order to sheriff to summon jurors, 376. duty of sheriff receiving order, 376. jurors to appear, when, and not depart without leave, 376. if all do not appear, places, how filled, 376. qualified persons to serve in rotation, 376. sheriff make return, when, 377. if person summoned fails or refuses- penalty, 377. if clerk fails in his duty-penalty, 377. if commissioners fail in their duty-penalty, 377. LAWS AND JOURNALS. Resolution relative to Printing, 515. Act to regulate the Distribution of the Laws and Journals of Territory, &c., 378. county clerk to make requisitions, and receipt for same, 378. clerk distribute same, how, 378. county officers deliver to successors, 378. LAWS AND JOURNALS- Continued. copies remaining with clerk to be sold at public auction, 379. proceeds, how disposed of, 379. secretary to distribute to what other officers, 379. members to receive those of preceding session, 380. LIENS. Act to create, for Mechanics and Others, 380. person having cause of action amounting to ten dollars, may file complaint to contain complaint act as lien, as soon as filed, 380. when labor, &c., was for contractor, employed by owner, 380. lien ceases in ninety days, unless case proceeds to judgment, 381. district court has jurisdiction in actions under this chapter, 382. how complaint may be discharged, 382. if person satisfied does not enter satisfaction, 382. lien on articles altered or repaired, 382. if charges not paid in three months, may be sold, how, 382. lien of common carrier, 383. special agreement not interfered with by this act, 383. LEGISLATIVE ASSEMBLY. Act to fix the Time for Convening, 383. next session to commence first Monday in December, and so for the future, 383. Act to designate the Time of the Meeting of the Legislature, and defining the Duties of the meet first Monday of December in each year, 384. no officer liable to arrest on civil process, when, 884. may punish for contempt, in what cases, 384. person guilty of contempt-penalty, 385. who may administer oath of office to members, 385. any member of committee may administer oaths to witnesses, 385. houses may judge of right of members to seats, &c., 385. officers of the council, 385. officers of the house, 385. officers elected viva voce, when, 385. duties of secretary and clerk, 386. secretary and clerk to remain in office, and call houses to order ensuing year, 386. compensation to, how certified and attested, 387. officers may be removed by majority vote, 387. majority elect, 387. pay of officers, 387. houses may request opinions of supreme court or judges, 387. MAIL ROUTES. Memorial asking for Mail Route from Mankato, Minnesota, to Fort Randall, 506. Memorial asking for Mail route from Elk Point to Sioux Falls city, 509. Act to provide for Recording of, 388. register record what marks and brands, 388. if person shall use mark of another- penalty, 388. if person shall use his own mark on another's animals- penalty, 388. MARRIAGES. Act legalizing, in Territory, 389. Act regulating, 390. definition of marriage, 390. marriage, at what ages valid, 390. license from county clerk necessary before marriage, 390. in cases of doubt as to age and condition, 390. entry to be made of application for license, 390. if either party minor, consent of parents necessary, 390. marriage without proper license a misdemeanor by all parties concerned, 391. marriages may be solemnized, by whom, 391. party officiating to give certificate when requested, 391. other marriages valid, but penalty imposed, 391. person solemnizing forfeit what, unless return made, 391. clerk to keep record, 391. these provisions not applicable to peculiar forms in religious societies, 391. where official services dispensed with, husband must make return to clerk, 392. MARRIED WOMEN. property exempt from execution for husband's debts, 302. MECHANICS' LIEN. See LIENS. MEMORIALS AND RESOLUTIONS, 496. MILITARY CLAIMS. auditor authorized to audit, 514. MILITARY ROADS. Memorial for an Appropriation for a Military Road from Fort Randall to Sioux City, Memorial for Appropriation for a Military Road between Georgetown, Minnesota, and Memorial for an Appropriation for a Military Road from near Sioux Falls to Yankton, 502. Act to Organize and Discipline, 392. who compose militia, 392. territory forms one division, under whose command, 392. governor, commander-in-chief, and officers, how appointed, 393. sheriff to make out list of persons liable to military duty, &c., 393. shall take list when making assessment, 393. when and how militia liable to do duty, 393. governed by what law and rules, 393. volunteer militia-first in the field, 394. volunteer militia composed of men between eighteen and forty-five, 394. companies numbered, how, and formed into battalions and regiments, 395. of priority in rank, 395. return required of commandants of companies, 395. commandant of regiment same, 395. returns contain what, and how preserved, 395. term of service two years, 395. officer issuing illegal certificate-penalty, 395. companies may adopt constitution and by-laws of consistent nature, 396. officer reappointed to hold same rank, 396. if officer removes out of bounds of command, office vacated, 397. annual muster, when and where held, 397. what entitles officer to command, 397. of resignations, 397. MILITIA-Continued. staff-officers of brigades and regiments, and how appointed, 398. staff-officers, rank how, 398. style of uniform, 398. company muster, how often, 398. officers to take what oath, 399. officers and privates tried for misdemeanors, how, 399. MORTGAGE. when mortgagee dies without foreclosing, executor or administrator has same Chattel. Act to Provide for Filing of, 399. filed in office of register of deeds, 399. record names of parties and note time of filing, 399. fees of register for recording, 400. NOTARIES-PUBLIC. Act to Provide for Office of, 400. governor appoint for how long, and their jurisdiction, 400. to take oath and give bond, 400. in case of vacancy or removal, records and papers to be deposited with clerk of district penalty, if not deposited within three months, 401. duty of notary-public, in case of protest, to give notice, 401. notice of protest, how served, 401. keep record of notices, &c., 401. notary to keep an official seal, 402. may take acknowledgments, and administer oaths, 402. faith and credit given to all their publications, 402. OATHS AND AFFIRMATIONS. Act to Authorize certain Officers to Administer, 403. may be administered by what officers, 403. all officers keep record of same, 403. OFFICERS. See COUNTY OFFICERS, ― TERRITORIAL OFFICERS. - "OLD SETTLERS HISTORICAL ASSOCIATION." See AssOCIATIONS. certain fines to be appropriated to support of, 193. PARDONS. Act Regulating, by the Governor, 404. may grant pardons, when and how, 404. when convict is pardoned, proceedings, 404. Act to Regulate limited, 405. partnership by two or more persons, 405. in no case for banking purposes, 405. may consist of general and special partners, 405. liability of each, 405. general partners only transact business, 405. persons forming, to make and sign certificate, containing what, 405. certificate acknowledged by whom, 406. filed in office of register of deeds, 406. affidavit necessary as to amount paid in by special partners, 406. |