of the real property situated within the county of a domestic religious corporation. [Code Civ. Pro., § 340, without change.] § 13. County court when open. The county court is always open for the transaction of any business for which notice is not required to be given to an adverse party, except where it is specially prescribed by law that the business must be done at a stated term. [Code Civ. Pro., § 355, first sentence, without change.] § 14. Domestic corporation, when deemed resident for determining jurisdiction. For the purpose of determining the jurisdiction of a county court, in either of the cases specified in section twelve, a domestic corporation or joint stock association, whose principal place of business is established by or pursuant to a statute, or by its articles of association, or is actually located within the county, or in case of a railroad corporation where any portion of the road operated by it is within the county, it is deemed a resident of the county; and personal service of a summons, made within the county as prescribed by statute, or personal service of a mandate whereby a special proceeding is commenced, made within the county, as prescribed by statute for personal service of a summons is sufficient service thereof on a domestic corporation wherever it is located. [Code Civ. Pro., § 341, § 15. Action, how tried, wherein county judge is incapable to act. If the county judge is for any cause incapable to act in an action or special proceeding pending in the county court, or before him, he must make, and file in the office of the clerk, a certificate of the fact; and thereupon the special county judge if any and if not disqualified, must act as county judge in that action or special proceeding. On the filing of the certificate, where there is no special county judge, or the special county. judge is disqualified, the action or special proceeding is removed to the supreme court, if it is then pending in the county court; if it is pending before the county judge, it may be continued before any justice of the supreme court within the same judicial district. The supreme court, on the application of either party, made upon notice, and on proof that the county judge is incapable to act in an action or special proceeding pending in the county court, may, and if the special county judge is also incapable to act, must, make an order removing it to the supreme court. Thereon the subsequent proceedings in the supreme court must be the same as if it had originally been brought in that court, except that an objection to the jurisdiction may be taken, which might have been taken in the county court. [Code Civ. Pro., § 342, without change.] § 16. County court may send process to any county.-A county court has power, in an action or special proceeding of which it has jurisdiction, to send its process and other mandates into any county of the state, for service or execution, and to enforce obedience thereto with like power and authority as the supreme court. [Code Civ. Pro., § 347, § 17. When jurisdiction of county court is co-extensive with supreme court.-Where a county court has jurisdiction of an action or a special proceeding, it possesses the same jurisdiction, power and authority in and over the same, and in the course of the proceedings therein, which the supreme court pos sesses in a like case; and it may render any judgment, or grant either party any relief, which the supreme court might render or grant in a like case, and may enforce its mandates in like manner as the supreme court. And the county judge possesses the same power and authority in the action or special proceeding which a justice of the supreme court possesses in a like action or special proceeding, brought in the supreme court. [Code Civ. Pro., § 348, § 18. Power of county judge in special proceedings.-The county judge also possesses the same power and authority in a special proceeding, which can be lawfully instituted before him, out of court, which a justice of the supreme court possesses in a like special proceeding instituted before him in like manner. [Code Civ. Pro., § 349, § 19. Power of county judge in other counties. While a county judge shall be in a county other than his own, for the purpose of holding court therein, he may exercise all the powers and perform all the duties which the county judge of such other county is required to exercise and perform out of court or in vacation; but this section shall not empower him to perform the duties of surrogate in such other county. [L. 1877, ch. 11, 9th ed., 2425; Birds. Stat., 784, ARTICLE II. COMMENCEMENT OF AN ACTION. Section 40. Action commenced by summons; when court ac quires jurisdiction. 41. Requisites of summons. 42. Form of summons. 43. Complaint may be served with summons. 44. Judgment by default. 45. Appearance of defendant. 46. When defendant must answer at time of appearing. 47. Notice of no personal claim. Section 48. Effect of voluntary appearance. 49. Summons; when and by whom served; sheriff's duty. 50. How personal service of summons made on a natural person. 51. Personal service on certain incompetents. 52. Special guardian. 53. When copy need not be delivered to lunatic. 56. Service on a foreign corporation. 57. Service of process to commence a special proceeding. 62. Service of summons by publication. 63. Papers on which order for publication may be made. 64. Order, by whom made, and contents. 65. When publication must be commenced; when service deemed complete. 66. Papers to be filed; notice to defendant. 67. When service is made without the state. 68. Proof of service. 69. When defendant allowed to defend. Section 40. Action commenced by summons; when court acquires jurisdiction.-A civil action is commenced by the service of a summons. But from the time of the granting of a provisional remedy, the court acquires jurisdiction, and has control of all the subsequent proceedings. Nevertheless, jurisdiction thus acquired is conditional, and liable to be divested, in a case where the jurisdiction of the court is made dependent, by special provision of law, upon some act, to be done after the granting of the provisional remedy. [Code, § 416, without change.] § 41. Requisites of summons.-The summons must contain the title of the action, specifying the court in which the action is brought, the names of the parties to the action, and, if it is brought in the supreme court, the name of the county in which the plaintiff desires the trial; and it must be subscribed by the plaintiff's attorney, who must add to his signature his office address, specifying a place within the state where there is a post-office. If in a city he must add the street, and street number, if any, or other suitable designation of the particular locality. [Code, § 417, without change.] § 42. Form of summons.-The summons, exclusive of the title of the action and the subscription, must be substantially in the following form, the blanks being properly filled: "To the above named defendant: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer on the plaintiff's attorney within twenty days after the service of this summons, exclusive of the day of service; and in case of your failure to appear or answer, judgment will be taken against you by default, for the relief demanded in the complaint. Dated "The summons is deemed the mandate of the court. [Code, § 418, without change.1 PROPOSED ADDITION BY COMMISSIONERS. Where the action is founded on an instrument for the payment of money only, and a verified complaint is served with the summons, the plaintiff may at his option require service of an answer within ten days after the service of the summons, and the form of the summons may be modified accordingly. § 43. Complaint may be served with summons.-A copy of the complaint may be served with the summons. If a copy of the complaint is not served with the summons, the plaintiff cannot take judgment by default, without application to the court, |