said officer shall forthwith cease all further proceedings by virtue of such writ, and if such writ shall not have been completely executed, the defendant shall remain in possession of the premises, until the appeal shall have been determined.
Sect. 20. In all cases of appeal under the provisions of this act, the appellate court shall not dismiss or quash the proceedings for want of form only, provided they have been conducted substantially, according to the provisions of this act.
Sect. 21. Amendments may be allowed by the court at any time before final judgment, upon such terms as to the court shall appear just, in the same cases and manner, and to the same extent as in civil actions.
Sect. 22. All matters in excuse, jurisdiction, or avoidance of the allegations in the complaint, shall be set up in answer.
Sect. 23. The appellate court shall have power to compel the justice by attachment, to make or amend any return which shall be withheld, or insufficiently or improperly made.
Sect. 24. The following, or equivalent forms, shall be used in proceedings under this chapter.
FORM OF SUMMONS.
Territory of Dakota,
county of ———,
To the sheriff or any constable of the county aforesaid.
Whereas ———, of ———, hath exhibited unto a justice of the peace, in and for said county aforesaid, a complaint against ———, of ———, for that the said ———, on the ——— day of ——— at (here insert the substance of the complaint with legal certainty); therefore, in the name of the United States, you are hereby commanded to summons the said ———, if to be found in the said county, to appear before me at ———, on the ——— day of ——— at of the clock in the ——— noon, there and then to make answer to, and defend against the complaint aforesaid, and further to be dealt with according to law, and make due return to me of this summons, with your doings thereon.
Dated at ———, this ——— day of ———, in the year one thousand eight hundred and ———.
A——— B———, Justice of the Peace.
