CHAPTER III.

COMMENCEMENT OF SUITS.

Civil actions are commenced by filing a complaint with the Court or Justice.

The defendant is required to answer the complaint in DistrictCourt actions as follows:

1. If the defendant is served within the county in which the action is brought, twenty days.

2. If the defendant is served out of the county, but in the district in which the action is brought, thirty days.

3. In all other cases, forty days.

Where personal service cannot be had, by reason of the defendant being out of the Territory, or where he conceals himself to avoid service of process, service is made by publication, upon an order made by the Judge or Justice of the Peace.

In District-Court actions the order shall direct the publication to be made in some newspaper to be designated as most likely to give notice to the defendant, the last of such insertions to be sixty days from the first; the order prescribes the time for publication. In Justice-Court actions the publication shall be once a week for at least four weeks, and the Justice shall issue a new summons returnable in not less than sixty nor more than seventy days from its date.

In Justice-Court actions the time mentioned in the summons for the appearance of the defendant and the time of service shall be as follows:

1. When the summons is accompanied by an order to arrest the defendant, it shall be returnable immediately.

2. When the defendant is not a resident of the county, it shall be returnable not more than two days from its date, and shall be served at least one day before the time for appearance.

3. In all other cases it shall be returnable in not less than six nor more than ten days from its date, and shall be served at least four days before the time for appearance.

CHAPTER IV.

PLACE OF TRIAL OF CIVIL ACTIONS.

Actions for the following causes shall be tried in the county in which the subject of the action, or some part thereof, is situated :

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, and for injuries to real property.

2. For the partition of real property.

3. For the foreclosure of a mortgage of real property.

Actions for the following causes shall be tried in the county where the cause, or some part thereof, arose :

1. For the recovery of a penalty or forfeiture imposed by statute. 2. Against a public officer.

In other cases the action shall be tried in the county in which the parties, or some of them, reside, at the commencement of the action, or the defendant may be found; or if none of the parties reside in the Territory, the same may be tried in any county which the plaintiff may designate in his complaint.

The Court may, on motion, change the place of trial:

1. When the county designated in the complaint is not the proper county.

2. When there is reason to believe that an impartial trial cannot be had therein.

3. When the convenience of witnesses and the ends of justice would be promoted by the change.

4. When from any case the Judge is disqualified from acting in the action.

No person shall be held to answer to any summons issued against him from a Justices' Court in a civil action, in any precinct other than the one in which he or the plaintiff shall reside, except in the cases following:

1. When there shall be no Justices' Court for the precinct or village in which the defendant or plaintiff may reside, or no Justice competent to act in the case.

2. When two or more persons shall be jointly or jointly and severally bound in any debt or contract, or otherwise jointly liable in the same action, and reside in different precincts of the same county, or in different counties, the plaintiff may prosecute his action in a Justices' Court of the precinct or county in which any of the debtors or other persons liable may reside.

3. In case of injury to the person, or to real and personal property, the plaintiff may prosecute his action in the precinct where the injury was committed, or where the defendant may be found.

4. Where personal property, unjustly taken or detained, is claimed, or damages therefor are claimed, the plaintiff may bring his action in any precinct or county in which the property may be found, or in which the property was taken.

5. When the defendant is a non-resident of the county, he may be sued in any precinct, village or city wherein he may be found.

6. When a person has contracted to perform any obligation at a particular place, and resides in another, he may be sued in the precinct in which such obligation is to be performed, or in which he resides.

7. When the foreclosure of a mortgage, or the enforcement of a lien upon personal property, is sought by the action, the plaintiff may sue in the precinct, village or city where the property is situated.

CHAPTER V.

LIMITATION OF ACTIONS.

The periods prescribed for the commencement of actions are as follows:

Within five years-An action for the recovery of real property or the possession thereof; an action 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-An action upon any contract, obligation, or liability founded upon an instrument of writing.

Within three years-An action for trespass upon real property; an action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property; an action for relief on the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud.

Within two years-An action upon a contract, obligation or liability, not founded upon an instrument of writing; also, an action against a Sheriff, Coroner, or Constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution; an action on an open account for goods, wares and merchandise sold and delivered; an action for any article charged in a store account.

Within one year-An action for libel, slander, assault, battery, or false imprisonment; an action against a Sheriff or other officer for the escape of a prisoner arrested on civil process.

The statute begins to run from the time the cause of action accrued.

Part payment does not prevent the statute running; but in an action brought to recover a balance due upon a mutual open account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.

An action upon a contract, obligation or liability for the payment of money, founded upon an instrument of writing, executed out of this Territory, can only be commenced as follows:

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

Second Within six months, when more than five years have elapsed since the cause of action accrued.

When the cause of action has arisen in another State, Territory, or foreign country, and is there outlawed, no action will lie in this Territory. If when the cause of action accrues against a person, he is out of the Territory, the action may be commenced within the term herein limited, after his return to the Territory; and if after the cause of action accrues he departs from the Territory, the time of his absence shall not be part of the time limited for the commencement of the action.

CHAPTER VI.

ATTACHMENTS.

The plaintiff at the time of issuing his summons, or 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 as hereinafter provided in the following cases:

1. In an action upon a contract, express or implied, for the direct payment of money, which contract was made, or is payable in this Territory, and is not secured by a mortgage, lien or pledge, upon real or personal property; or if so secured, that such security has been rendered nugatory by the act of the defendant.