filing of the complaint, a defendant in the action may appear, answer, or demur, whether the summons has been issued or not, and such appearance, answer, or demurrer be deemed a waiver of

summons.

The clerk shall indorse on the complaint the day, month, and year the same is filed; and at any time within one year after the filing of the same, the plaintiff may have a summons issued. The act defining jurisdiction of Probate Courts provides that the sumbe issued at any time within six months from the filing of the complaint.

mons may

In the District Court the defendant must answer in ten days, if served within the county in which the action is brought; in twenty days, if served without the county, but within the judicial district in which the action is brought. In all other cases, thirty days. In the Probate Court, answer must be filed in ten days.

CHAPTER III.

PLACE OF TRIAL OF CIVIL ACTIONS.
LACE

Actions for the following causes shall be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the Court to change the place of trial:

1. For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, or for injuries to real property.

2. For the partition of real property.

3. For the foreclosure of a mortgage of real property; provided, when such real property is situate partly in one county and partly in another, the plaintiff may select either of said counties, and the county so selected shall be the proper county for the trial of such action.

Actions for the following causes shall be tried in the county where the cause, or some part thereof, arose; subject to the like power of the Court to change the place of trial:

1. For the recovery of a penalty or forfeiture imposed by a statute, except that when it is imposed for an offense committed on a lake, river, or other stream of water situated in two or more counties, the action may be brought in any county bordering on such lake, river, or other stream, and opposite the place where the offense was committed.

2. Against a public officer, or person especially appointed to exeecute his duties, for an act done by him in virtue of his office, or against a person who, by his command, or in his aid, does anything touching the duties of such officer.

In all other cases, the action shall be tried in the county in which the defendants, or any of them, may reside at the commencement of the action; or if none of the defendants reside in this Territory, or, if residing in this Territory, the county in which they so reside be unknown to the plaintiff, the same may be tried in any county which the plaintiff may designate in his complaint; and if any defendant or defendants may be about to depart from the Territory, such action may be tried in any county where either of the parties reside or may be found, or service be had; subject, however, to the power of the Court to change the place of trial, as provided in the act.

CHAPTER IV.

LIMITATIONS OF CIVIL ACTIONS.

Five Years:

Real estate, including quartz mines or lodes, judgments or decrees of any Court of the United States, or of any State or Territory of the United States.

Four Years:

Any contract, obligation, or liability founded upon an instrument of writing.

Three Years:

Trespass upon real property, taking, detaining or injuring goods or chattels or for the specific recovery of personal property. Relief on ground of fraud.

Two Years:

Contract or liability not founded on an instrument of writing, including accounts. An action for libel or slander.

Placer mining claims.

One Year:

General Provisions :

An action upon any contract, obligation or liability for the payment of money, founded upon an instrument of writing executed out of this Territory, or any other Territory from which this Territory is in part formed, can only be commenced as follows:

1. Within one year, when more than two and less than five years have elapsed since the cause of action accrued.

An action upon any judgment, contract, obligation or liability for the payment of money or damages, obtained, executed, or made out of this Territory, or any other Territory from which this Territory is in part formed, shall only be commenced within three after the party making such liabilities shall be a resident of this Territory.

years

No acknowledgment of promise shall be sufficient evidence of a new continuing contract, whereby to take the case out of the operation of the statute, unless the same be contained in some writing signed by the party to be charged thereby.

CHAPTER V.

ATTACHMENTS.

The plaintiff, at the time of issuing the summons, or at any time afterward, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment, in the following cases:

1. In an action upon a contract, express or implied, for the direct payment of money, which contract is not secured by a mortgage, lien, or pledge upon real or personal property; or if so secured, that such security has, without any act of the plaintiff, or the person to whom the security was given, become valueless.

2. In an action upon a contract, express or implied, against a defendant not residing in this Territory.

The clerk of the Court shall issue the writ of attachment upon receiving an affidavit by or on behalf of the plaintiff, which shall be filed, setting forth—

1. That the defendant is indebted to the plaintiff, specifying the amount of such indebtedness over and above all legal set-offs and counter-claims, upon a contract, express or implied, for the direct payment of money; and that the payment of the same has not been secured by any mortgage, lien, or pledge upon real or personal property; or, if so secured, that such security has, without any act of the plaintiff, or the person to whom the security was given, become valueless; or,

2. That the defendant is indebted to the plaintiff, specifying the amount of the indebtedness as near as may be, over and above all legal set-offs and counter-claims, and that the defendant is a nonresident of the Territory; and,

3. That the attachment is not sought, and the action is not prosecuted, to hinder, delay, or defraud any creditor or creditors of the defendant.

Before issuing the writ, the clerk must require a written undertaking on the part of the plaintiff, in a sum not less than two hun dred dollars, and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, if the attachment be wrongfully issued.

CHAPTER VI.

ARREST IN CIVIL ACTION.

The defendant may be arrested, as hereinafter provided, 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 Territory, with intent to defraud his creditors; or when the action is for willful injury to person, to character, or to property, knowing the property to belong to another.

2. In an action for a fine or penalty, or on a promise to marry, or for money or property embezzled, or fraudulently applied, 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 a professional employment, or for a 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, to prevent its being found or taken by the sheriff,