particulars in which such evidence is alleged to be insufficient. When the notice designates as the ground of the motion errors in law occurring at the trial and excepted to by the moving party, the statement shall specify the particular errors upon which the party will rely. If no such specifications be made, the statement shall be disregarded on the hearing of the motion. It is the duty of the judge, in settling the statement, to strike out of it all redundant and useless matter, and to make the statement truly represent the case, notwithstanding the assent of the parties to such redundant or useless matter, or to any inaccurate statement. When settled, the statement shall be signed by the judge, with his certificate to the effect that the same is allowed, and shall then be filed with the clerk. 4. When the motion is to be made upon the minutes of the court, and the ground of the motion is the insufficiency of the evidence to justify the verdict or other decision, the notice of intention must specify the particulars in which the evidence is alleged to be insufficient; and, if the ground of the motion be errors in law occurring at the trial, and excepted to by the moving party, the notice of intention must specify the particular errors upon which the party will rely. If the notice do not contain the specifications here indicated, when the motion is made on the minutes of the court, the motion must be denied." § 7. HEARING IN OPEN COURT OR IN CHAMBERS.] Section 190 of the Code of Civil Procedure is amended so as to read as follows: "The application for a new trial shall be heard at the earliest practicable period after service of notice of intention, if the motion is to be heard upon the minutes of the court, and in other cases, after the affidavits are served or the bill of exceptions or statement, as the case may be, is filed and may be brought to a hearing in open court or before the judge at chambers, in any county in the district in which the action was tried by either party, upon notice of eight days to the adverse party, specifying the time and place of hearing. On such hearing reference may be had in all cases to the pleadings and orders of the court on file, and when the motion is made on the minutes, reference may also be had to any depositions, documentary evidence and phonographic report of the testimony on file." § 8. JUDGE MAY EXTEND TIME.] The court or judge may, upon good cause shown, in furtherance of justice, extend the time. within which any of the acts mentioned in sections two hundred and eighty-one and two hundred and eighty-eight may be done, or may, after the time limited therefor has expired, fix another time within which any of such acts may be done. upon § 9. WHAT BILL OF EXCEPTIONS OR STATEMENT ON APPEAL MAY CONTAIN.] A bill of exceptions or statement of the case used the hearing of a motion for a new trial, or a bill of exceptions prepared as provided in section 281, or a statement of the case, prepared after judgment in the manner provided in section 288, and within the same time after judgment as is allowed for the preparation of a bill of exceptions, may be used on appeal from the final judgment; such statement shall only contain the grounds argued before the court for a new trial, and so much of the evidence or other matter as may be necessary to explain them, and it shall be the duty of the judge to exclude all other evidence or matter from the statement. § 10. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. § 11. This act shall take effect and be in force from and after the first day of October, 1887. Approved, March 11, 1887. CHAPTER 22. NOTICE OF PENDENCY OF ACTION. AN ACT To Amend Section One of Chapter 117 of the Laws Passed at the Sixteenth Session of the Legislative Assembly, Approved March 13, 1885. Be it Enacted by the Legislative Assembly of the Territory of Dakota: § 1. EFFECT OF LIS PENDENS.] That section one of chapter 117 of the laws passed at the Sixteenth Session of the Legislative Assembly, approved March 13, 1885, be and the same is hereby amended by inserting after the word "thereby," in the fifteenth line of said section, the following: "But if the action be for the foreclosure of a mortgage, or the enforcement of a mechanic's or miner's lien, no such notice need be filed." § 2. This act shall take effect and be in force from and after its passage and approval. Approved, February 7, 1887. CHAPTER 23. PLACE OF TRIAL OF CIVIL ACTIONS. AN ACT To Amend Section 92 of the Code of Civil Procedure. Be it Enacted by the Legislative Assembly of the Territory of Dakota: § 1. WHERE SUBJECT MATTER IS.] That section 92 of the Code of Civil Procedure be amended by adding thereto the following: All actions brought on a policy of insurance to recover for loss or damage to the property insured, shall be tried in the county or judicial subdivision where such property is situate at the time of its loss or damage. § 2. This act shall take effect and be in force from and after its passage and approval. Approved, March 11, 1887. CHAPTER 24. PRESCRIBING TIME FOR FILING ATTACHMENT PAPERS. AN ACT To Amend Section 203 of the Code of Civil Procedure Relating to the Filing of Papers in Proceedings by Attachment. Be it Enacted by the Legislative Assembly of the Territory of Dakota. § 1. WHEN PAPERS SHALL BE FILED BY SHERIFF.] That section two hundred and three of chapter eleven of the Code of Civil Procedure be and the same is hereby amended by adding thereto the following words: "And such officer shall within twenty days after making such seizure, file all of said papers, including said inventory and return, with the clerk of the district court who issued the warrant." § 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. § 3. That this act shall take effect and be in force from and after its passage and approval. NOTE BY THE SECRETARY OF THE TERRITORY. BISMARCK, DAK., March 7, 1887. The foregoing act having been presented to the Governor of the Territory, and not having been returned by him to the Council of the Legislative Assembly, in which it originated, within the time prescribed by the organic act, has become a law without his approval. M. L. McCORMACK, CHAPTER 25. JUDGMENTS NOT TO BE ENTERED UNTIL AFTER FILING OF COURT'S DECISION. AN ACT to Amend Sections 266 and 268, of Chapter 12, of the Code of Civil Procedure, Relating to Trials and Judgments in Civil Actions. Be it Enacted by the Legislative Assembly of the Territory of Dakota: § 1. WHEN JUDGMENT SHALL BE ENTERED.] That section 266 of chapter 12 of the Code of Civil Procedure be and the same is hereby amended by adding thereto the following words: "And no judgment shall be rendered or entered until after the filing of such decision." § 2. That section 268 of chapter 12 of the Code of Civil Procedure be and the same is hereby amended by striking out the third subdivision thereof. § 3. This act shall take effect and be in force from and after its passage and approval. Approved, February 7, 1887. CHAPTER 26. BOND NOT REQUIRED IN CERTAIN CASES. AN ACT To Amend Chapter 7 of the Session Laws of 1885, Entitled Appeals in Civil Actions. Be it Enacted by the Legislative Assembly of the Territory of Dakota: § 1. BOND NOT REQUIRED IN CERTAIN CASES.] That chapter seven of the Session Laws of 1885 be and the same is hereby amended to read as follows: That section four hundred and fourteen (414) of chapter sixteen (16) of the Code of Civil Procedure of Dakota Territory be and the same is amended by adding thereto after the word "respondent" the following words: Provided, That no bond shall in any action or proceeding be required of the Territory of Dakota, or any county, incorporated town or city thereof, on any appeal to any court of the Territory of Dakota, when the Territory, or any county, incorporated town or city shall be the party directly interested therein. Approved, March 11, 1887. CHAPTER 27. DAMAGES FOR INJURIES TO PERSONS AND PROPERTY. AN ACT to Amend Section 677 of the Code of Civil Procedure. Be it Enacted by the Legislative Assembly of the Territory of Dakota: § 1. DAMAGES.] That section 677 of the Code of Civil Procedure be and the same is hereby amended by striking out the word "primitive," wherever it occurs in said section. § 2. This act shall take effect and be in force from and after its passage and approval. Approved, March 9, 1887. CHAPTER 28. FEES AND DISBURSEMENTS-FORECLOSURE BY ADVERTISEMENT. AN ACT to Amend Section Six Hundred and Fifteen (615) of Chapter 28 of the Code of Civil Procedure. Be it Enacted by the Legislative Assembly of the Territory of Dakota: § 1. PARTY FORECLOSING ENTITLED TO COSTS.] That section six hundred and fifteen (615) of chapter 28 of the Code of Civil Procedure be and hereby is amended to read as follows: out § 615. The party foreclosing a mortgage by advertisement shall be entitled to his costs and disbursements of the proceeds of the sale and shall also be entitled in addition, to any attorney fee agreed upon in the mortgage, upon the making by the attorney, or if more than one, by one of the attorneys employed to foreclose, and filing with the register of deeds at or prior to the time of sale, of an affidavit to the effect that such attorney or attorneys have been in good faith employed to foreclose; that the full amount of such fee innures to his or their benefit; that no agreement or understanding for any division thereof has been made with any other person; that no part thereof is or has been agreed to be paid to the party foreclosing and that such attorney or attorneys are actual and bona fide residents of the Territory of Dakota. § 2. That all acts and parts of acts inconsistent herewith are hereby repealed. § 3. This act shall take effect and be in force from and after its passage and approval. Approved, March 11, 1887. |