CHAPTER II.

THE TERMS OF COURTS AND PLACES OF HOLDING SAME.

The Supreme Court sits the first Monday of January, and the second Monday of June, of each year, at Salt Lake City.

The District Courts sit as follows: 1st District, comprising the Counties of Millard, Sevier, San Pete, Juab, Utah, Wasatch and Morgan, Weber, Box Elder, Cache and Rich Counties, and is held at Provo, Utah County, and at Ogden, Weber County.

Second District, comprising the Counties of Kane, Washington, Piute, Iron and Beaver, is held at Beaver City, Beaver County, on first Mondays in March, May, September and December.

Third District, comprising the Counties of Salt Lake, Tooele, Summit and Davis, is held in the City and County of Salt Lake, on the second Monday in April, fourth Thursday in September, second Monday in November, and first Monday in February.

The Probate Courts and Justices' Courts are always open for the transaction of business; the former at their respective County Court Houses, and the latter in their respective precincts.

CHAPTER III.

COMMENCEMENT OF SUITS AND TIME ALLOWED DEFENDANTS TO PLEAD.

Suits may be commenced at any time. Ten days after service are allowed the defendants to plead, answer, demur, or file motions in cases in the District Courts and Supreme Court.

In Justices' Courts, defendants may be required to answer within two days after service, and not longer than ten days after service.

CHAPTER IV.

LIMITATIONS OF ACTIONS.

Actions for the recovery of real estate can only be brought within seven years after the plaintiff's having been lawfully seized and possessed of the premises by himself, grantor, ancestor, or prede

cessor.

Actions for the recovery of money on notes or written obligations must be brought within four years after the cause of action accrued ; on accounts, within two years; and on a judgment of a Court of record, five years.

CHAPTER V.

ATTACHMENTS

Can only issue upon the filing of an affidavit on behalf of the plaintiff, showing the existence of a debt upon contract, specifying the nature and amount thereof, as near as may be, over and above all legal set-offs or counter-claims; that the same has not been secured by any mortgage, lien, or pledge upon real or personal estate within the Territory, or if so secured, that such security has been rendered nugatory by the act of the defendant; that the defendant is not residing in this Territory, or that the defendant has departed the Territory or county where the action is brought, or that the defendant stands in defiance of an officer, or conceals himself so that process cannot be served upon him, or that he is disposing of his property with the intent to defraud his creditors; that the debt is an actual bona fide existing demand due and owing from the defendant to the plaintiff, and that the action is not sought or prosecuted to hinder, delay, or defraud any creditor of the defendant.

There must also be executed and filed an undertaking, with two sufficient securities, in a sum not less than $200, nor exceeding the amount claimed by the plaintiff, conditioned, that if the defendant recover judgment in the action, the plaintiff will pay all costs that may be awarded to the defendant, not exceeding the amount specified in the undertaking.

CHAPTER VI.

ARRESTS IN CIVIL ACTIONS

Are issued upon filing an undertaking and affidavit, the same in effect as those required in attachment cases, except that in addition to the liability of sureties in attachment cases for costs, in cases of arrest they are liable for any damage which the defendant may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, and the undertaking must be in a sum not less than $500. In either case, the sureties must annex an affidavit to the undertaking; that he is a resident and householder, or freeholder within the Territory, and worth double the sum specified in the undertaking, over and above all his debts and liabilities, exclusive of property exempt from execution.

The affidavit in cases of arrest differs from attachment affidavits only in this, that the arrest may be made in any action for a fine, 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, or broker, agent or clerk, in the course of his employment, or by any person in a fiduciary capacity for misconduct or neglect in office, or in a professional employment, or for a willful violation of duty, or 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 Territorial Marshal, his deputy, or the Sheriff or his deputy; or where the defendant has been guilty of fraud in contracting the debt or incurring the obligation for which the action is brought, or is concealing or disposing of the property for the taking, detention or conversion of which the action is brought; or when the defendant has removed or disposed of his property, or is about to do so, with the intent to defraud his creditors.

CHAPTER VII.

JUDGMENTS AND JUDGMENT LIENS.

A judgment is collectible by execution, and is a lien upon the real estate of the defendant within the county where it is rendered, from its rendition; executions may be issued to other counties, but the judgment constitutes a lien there, only from the time of filing a transcript of the judgment for record in the office of the County Recorder of the county to which it is sent.

CHAPTER VIII.

EXECUTIONS, EXEMPTIONS, SALES AND REDEMP

TION.

Property, real or personal, may be sold on twenty days' notice, under execution, but the execution may issue returnable in not less than ten days nor more than ninety days, and the execution may require the officer to satisfy the judgment in the particular kind of money ordered in the judgment.

The following property is exempt from execution :

1. Chairs, tables, desks and books, to the value of one hundred dollars, belonging to the judgment debtor.

2. Necessary household, table and kitchen furniture belonging to the judgment debtor, including stoves, not to exceed one stove for