vember in each year, make out in writing, from said jail register, a jail report, one copy of which said report he shall forthwith file in the office of the clerk of the district court of the proper district, one copy with the county clerk of his county, for the use of the commissioners thereof, and one copy of said report he shall transmit to the secretary of the territory, and it shall be the duty of the secretary of the territory to municate same to communicate the reports of the several sheriffs of this territory to the legislative assembly, on or before the tenth day of its session annually. Secretary of territory to com legislature. Duty of district court to charge SECT. 8. It shall be the duty of the district court to give grand jury in re- this act in charge of the grand jury once each term of said lation to jails. Grand jury to visit jail, and make report. Duty of county commissioners in court, and lay before them any and all rules, plans, or regulations, established by the district judge, relating to county jails and prison discipline, which shall then be in force. SECT. 9. That the grand jury of each county in this territory shall, once at each term of the district court, while in attendance, visit the jail, examine its state and condition; examine and inquire into the discipline and treatment of prisoners, their habits, diet, and accommodations, and it shall be their duty to report to said court in writing, whether the rules of the said district judge have been faithfully kept and observed, or whether any of the provisions of this act have been violated. It shall also be the duty of the county commissioners of each county of this territory to visit the jail of their county once during each of their regular meetings of each year. SECT. 10. It shall be the duty of the county commissionrelation to jails. ers, at the expense of their respective counties, to provide suitable means for warming the jail and its cells or apartments, beds and bedding, night buckets, and such other permanent fixtures and repairs as may be prescribed by the said district judge; said commissioners shall also have power to appoint a physician to the jail, when they may deem it necessary, and pay him such annual or other salary as they may think reasonable and proper, which salary shall be drawn out of the county treasury; and said medical officer, or any physician or surgeon who may be employed in the jail, shall make a report in writing whenever required by said commissioner, district judge, or grand jury. SECT. 11. It shall be the duty of the sheriff of each coun His compensa ty to provide: first, bed-clothing, washing, nursing, when re- Duty of sheriff. quired, and board generally, and all necessaries for the com- tion. fort and welfare of said prisoners, as the said judge by his said rules shall designate, for all persons confined by law, and he shall be allowed such compensation for services required by the provisions of this act, as may be prescribed by the county commissioners of their respective counties. SECT. 12. The sheriff shall visit the jail in person, and examine into the condition of each prisoner at least once each month, and once during each term of the district court; and it is hereby made his duty to cause all the cells and rooms, used for the confinement of prisoners, to be thoroughly whitewashed at least three times in each year. Sheriff to visit jail, when, &c. deputy-sheriff, and take oath. SECT. 13. The jailer or keeper of the jail shall, unless the Jailer to be sheriff elect to act as jailer in person, be a deputy appointed by the sheriff, and such jailer shall take the necessary oaths before entering upon the duties of his office: Provided, The Proviso. sheriff shall in all cases be liable for the negligence and misconduct of the jailer as of other deputies. If sheriff or do duty. Pen alty. SECT. 14. If the sheriff or jailer, having in charge of any jailer refuse to county jail, shall neglect or refuse to conform to all or either of the rules and regulations established by said judge, or to any other duty or duties required of him by this act, he shall, on conviction thereof by indictment for each case of such failure or neglect of duty as aforesaid, pay into the county treasury of the proper county, for the use of such county, a fine not less than ten dollars nor more than one hundred dollars, to be assessed by the district court of the proper district. SECT. 15. This act shall take effect and be in force from Take effect, and after its passage. Approved May 8, 1862. when. W. JAYNE, Governor. 28 JUSTICES OF THE PEACE. Jurisdiction limited to county. Powers of jus tices. Have jurisdiction in actions for trespass. CHAPTER 49. AN ACT DEFINING THE JURISDICTION AND PROCEDURE BE- Be it enacted by the Legislative Assembly of the Territory of ARTICLE I.- OF THE JURISDICTION OF JUSTICES OF THE PEACE. SECTION 1. The jurisdiction of justices of the peace in civil cases shall, unless otherwise directed by law, be limited to the county wherein they may have been elected, and where they shall reside. SECT. 2. Justices of the peace within and coextensive with their respective counties, shall have jurisdiction and authority: 1. To administer an oath or affirmation authorized or required by law to be administered. 2. To take the acknowledgment of deeds, mortgages, and other instruments of writing. 3. To solemnize marriages. 4. To issue subpœna for witnesses and coerce their attendance in causes or matters pending before them, or other cause or matter wherein they may be required to take depositions. 5. To try the action for forcible entry and detention, or detention only, of real property. 6. To proceed against security for costs and bail for the stay of execution on their dockets. 7. To issue attachments, and proceed against the goods and effects of debtors in certain cases. 8. To issue executions on judgments rendered by them. 9. To proceed against constables, failing to make return, making false return, or failing to pay over money collected on execution issued by such justice. 10. To try the right of the claimant to property taken in execution or on attachment. SECT. 3. Justices shall have jurisdiction in actions for trespass on real estate, where the damages demanded for such trespass shall not exceed one hundred dollars, but a claim of title to such real estate set up by the defendant, shall take away or affect the jurisdiction hereby given. zance of what actions. SECT. 4. Justices shall not have cognizance of any action: Have cogni1. To recover damages for an assault, or assault and battery; or, 2. In any action for malicious prosecution; or, 3. In actions against justices of the peace or other officers for misconduct in office, except in cases provided for in this act; or, 4. In actions for slander, verbal or written; or, 5. In actions on contracts for real estate; or, 6. In actions in which the title to real estate is sought to be recovered, or may be drawn in question, except actions for trespass on real estate which are provided for in this act. ARTICLE II.- OF THE COMMENCEMENT OF SUITS, SERVICE, AND TACHMENT. Actions commenced by sum SECT. 5. Actions before justices of the peace are commenced by summons, or by the appearance and agreement of mons, when. the parties without summons. In the former the action is deemed commenced upon delivery of the writ to the constable to be served; and he shall note thereon the time of receiving the same. In the latter case, the action is deemed commenced at the time of docketing the case. When guar pointed. SECT. 6. When a guardian to the suit is necessary, he dian necessary in must be appointed by the justice as follows: 1. If the infant suit, how apbe plaintiff, the appointment must be made before the summons is issued, upon the application of the infant, if he be of the age of fourteen years or upwards; if under that age, upon the application of some friend. The consent in writing of the guardian to be appointed, and to be responsible for costs if he fail in the action, must be filed with the justice. 2. If the infant be defendant, the guardian must be appointed before the trial. It is the right of the infant to nominate hist own guardian, if the infant be over fourteen years of age, and the proposed guardian be present and consent in writing to be appointed. Otherwise the justice may appoint any suitable person who gives such consent. tents of sum SECT. 7. The style of the summons shall be: "The Ter- Style and conritory of Dakota, county;" it shall be dated the day it mons. If defendant fail to appear. Summons returnable when, 'and how delivered. Summons, how served on corporation. Summons on agency of insurance company. On agency of foreign corporation. When defend ant is a minor. is issued, signed by the justice issuing the same, directed to county, at a SECT. 8. The summons must be returnable not more than twelve days from its date, and must be served at least three days before the time of appearance, as follows: 1. By delivering a copy of the summons with the indorsement thereon (certified by the constable or person serving the same to be a true copy), to the defendant, or leaving the same at his usual place of residence. 2. An acknowledgment on the back of the summons, or the voluntary appearance of a defendant, is equivalent to service. SECT. 9. A summons against a corporation may be served upon the president, mayor, chairman of the board of directors or trustees, or other chief officer; or, if its chief officer be not found in the county, upon its cashier, treasurer, secretary, clerk, or managing agent; or, if none of the aforesaid officers can be found, by a copy left at the office or usual place of business of such corporation, with the person having charge thereof. SECT. 10. When the defendant is an incorporated insurance company, and the action is brought in a county in which there is an agency thereof, the service may be upon the chief officer of such agency. SECT. 11. When the defendant is a foreign corporation, having a managing agent in this territory, the service may be upon such agent. SECT. 12. When the defendant is a minor under the age of fourteen years, the service must be upon him and upon his |