CHAPTER II.

TIME ALLOWED TO ANSWER-SERVICE BY PUBLICATION-PLACE OF TRIAL.

Defendant has ten days to answer summons, exclusive of day of service, from date of service, when served within the county, twenty days when served in the district but in another county than the one where the action was commenced, and in all other cases forty days, when personal service is had.

Service by publication may be had on defendant, upon filing of proper affidavit therefor. Summons to be published once a week for at least one month, against defendants residing in the States of California or Oregon, and the Territories of Utah and Washington; in all other cases the publication of summons to be for not less than three months.

PLACE OF TRIAL.

All actions pertaining to real estate, or to the recovery thereof, or any interest therein, must be commenced in the county wherein the real estate is situated. Transitory actions follow the person.

PROVISIONS IN JUSTICES' COURTS.

Defendant must be sued in the township in which he lives, unless he is served with summons in the county-seat, or has contracted to perform an obligation at a particular place; in which case he may be sued in the township, city, or precinct where such obligation is to be performed, or in the township in which he resides. Service must be made from one to ten days before return day of sum

mons.

CHAPTER III.

LIMITATION OF ACTIONS.

Civil actions, except for recovery of real property, can only be commenced as follows:

Within Five Years.-Upon a judgment or decree of any Court of the United States, or of any State or Territory within the United States.

Within Four Years.-Upon any contract, obligation, or liability founded upon an instrument in writing.

Within Three Years.-Upon a liability created by statute, other than a penalty or forfeiture; for trespass upon real property; for taking, detaining, or injuring any goods or chattels; including actions for the specific recovery of personal property; for relief on the ground of fraud; the cause of action not deemed to have accrued until discovery by party aggrieved of facts constituting a fraud.

Within Two Years.-Upon a contract, obligation, or liability not founded upon a written instrument.

Against a sheriff, coroner, or constable, upon the liability incured by the doing of an act in his official capacity and in virtue of his office, or an omission of an official duty, including non-payment of money collected upon execution. Upon statute for a penalty or forfeiture where the action is given to an individual, or to · an individual and the State, except when the statute imposing it fixes a different limitation. For libel, slander, assault, battery, or false imprisonment. Upon statute for forfeiture or penalty to the State. Against a sheriff or other officer, for escape of a prisoner arrested or imprisoned on civil process. On open account for goods, wares or merchandise sold and delivered. For any article charged in a store acconnt. In case of mutual accounts, the statute begins to run from date of last entry in account of either party.

In all other cases, within four years after cause of action accrued.

General Provisions.

Limitation does not run against a party during absence from State, and if when a cause of action shall accrue against a party, he be out of the State, the action may be commenced within the time limited after his return to the State.

The statute does not run against a married woman, or a person under the age of twenty-one years; one insane, or imprisoned on criminal charge, where term of imprisonment does not extend to life.

An action upon a judgment, contract, obligation, or liability, for the payment of money or damages obtained, made, executed, or issued out of the State, can only be commenced as follows:

1. Within one year, when prior to passage of the act, (March 5, 1867) more than two and less than five years have elapsed since the cause of action accrued.

2. Within six months, when prior to the passage of the act, more than five years have elapsed since the cause of action accrued.

3. Within two years, in all other cases, after the cause of action accrued; a right of action shall be deemed to have accrued on a judgment at the time of its rendition.

When the cause of action has arisen in any other State or Territory of the United States, or in a foreign country, and by the laws thereof an action cannot be maintained against a person by reason of the lapse of time, no action thereon shall be maintained against him in this State.

No acknowledgment or new promise shall take the case out of the statute, except it be in writing, signed by the party to be charged.

Actions for recovery of possession of real estate must be commenced within five years, except actions for the recovery of mining ground, which must be commenced within two years, from time cause of action accrued.

CHAPTER IV.

ATTACHMENTS.

Writ of attachment may be issued with summons, or at any time afterwards:

1. In an action upon a contract for the direct payment of money, made, or by the terms thereof, payable in this State, which is not secured by mortgage, lien, or pledge upon real or personal property, situated or being in the State; if so secured, when such security has been rendered nugatory by the act of the defendant. 2. In an action upon a contract against a defendant not residing in this State.

Writ to be issued upon filing of an affidavit to be made by plaintiff, or some one on his behalf, setting forth the statutory grounds for issuance of the writ.

Plaintiff must give bond to secure defendant against damage arising from the issuance of the writ, in case the attachment is dismissed, or the defendant recover in the action.

Real and personal property, debts and credits, stocks or shares in any corporation, may be attached in the manner pointed out by the statute.

CHAPTER V.

ARREST IN CIVIL ACTIONS.

The defendant may be arrested in the following cases:

1. In an action for the recovery of money or damages, on a cause of action arising upon contract, express or implied, when the

defendant is about to depart from the State with intent to defraud his creditors, or when the action is for libel or slander.

2. In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied or converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for misconduct or neglect in office, or in professional employment, or for willful violation of duty.

3. In an action to recover the possession of personal property unjustly detained, when the property or any part thereof has been concealed, removed, or disposed of, so that it cannot be found or taken by the sheriff.

4. When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is. brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which the action is brought.

5. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors.

The order of arrest is only issued upon filing an affidavit and bond as required by statute-bond to be for a sum not less than four hundred dollars.

CHAPTER VI.

JUDGMENTS AND JUDGMENT LIENS.

From time judgment is docketed it becomes a lien upon all real property of the judgment debtor, not exempted from execution in the county, owned by him at the time, or which he may afterwards acquire, until the lien expires. Lien of judgment continues for two years, unless the judgment be previously satisfied. Personal prop