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In Probate Court, most of the business can be commenced, preliminary orders granted, and writs issued by the Judge in vacation. Orders or decrees for the sale of real estate, the settlement of estates, and discharge of executors, administrators, or guardians, and final orders and decrees generally, must be heard and decided in term time.

Actions are commenced in Justices' Courts by filing with the Justice a complaint or account, verified by the party, his agent or attorney, to the effect that he believes it to be true, and the issuance of a summons or notice thereon. The summons or notice is returnable in not less than six nor more than twenty days from the filing of the complaint.

CHAPTER IV.

PLACE OF TRIAL OF CIVIL ACTIONS.

Actions for the recovery of the possession of, or for the foreclosure of a mortgage on, or in any wise affecting the title to real property, and all questions involving the right or title to personal property, or for the detention or injury to such property, shall be brought in the county in which the subject of the action or some part thereof is situated.

Actions for a penalty or forfeiture imposed by statute, or against public officers, shall be tried in the county or district where the cause of action or some part thereof arose.

Actions against corporations may be brought in any county where the corporation has an office for the transaction of business, or any person resides upon whom process against such corporation may be served. In all other cases the action shall be commenced and tried in the

district embracing the county in which the defendants, or either of them, reside, or may be served with process; or if none of them reside in the Territory, the same may be tried in any district or county which the plaintiff may designate in his complaint.

CHAPTER V.

LIMITATION OF ACTIONS.

The period prescribed for the limitation of actions, from the time the cause of action accrues, is as follows:

For the recovery of real property, or the possession thereof, twenty years; upon a judgment or decree of any Court of the United States, or of any State or Territory within the United States, or upon a contract in writing or liability, express or implied, arising out of a written agreement, or for the rents and profits, or use and occupation of real estate, six years; for waste or trespass upon real property, or for taking, detaining, or injuring personal property, including an action for the recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated; upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument; for relief upon 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) against a ministerial officer upon a liability incurred by the doing an act in his official capacity, or by the omission of an official duty, including the non-payment of money collected upon execution; upon a statute for a penalty or forfeiture, and for seduction and breach of marriage contract, three years; for libel, slander, assault, assault and battery

and false imprisonment, actions upon a statute for a forfeiture or penalty to the Territory, two years; against a Sheriff, or other officer, for the escape of a prisoner arrested or imprisoned on civil process, one year.

When the cause of action arises in another State or Territory, between a resident of that State or Territory and of this Territory, the foregoing limitations apply. When the cause of action arises in another State or Territory between non-residents of this Territory, and the same would be barred there by the lapse of time, it will be barred here. An action shall be deemed commenced as to each defendant when the complaint is filed.

CHAPTER VI.

ATTACHMENTS.

The plaintiff, at the time of issuing the summons, or at any time thereafter, and before judgment, may have the property of the defendant attached as security for the satisfaction of such judgment as he may recover, whenever he or any one on his behalf shall make and file an affidavit that a cause of action exists against the defendant, and the grounds thereof, and that the defendant is either first, a foreign corporation; or second, that he is not a resident of this Territory, or has departed therefrom with intent to delay or defraud his creditors, or to avoid the service of process, or keeps himself concealed therein with like intent; or third, that he has removed, or is about to remove, any of his property from the Territory with intent to delay or defraud his creditors; or fourth, that he has assigned, secreted or disposed of any of his property, or is about to assign, secrete or dispose of it with intent to delay or defraud his creditors ;

or fifth, that the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought.

Before the writ issues the plaintiff must file with the Clerk a bond, with one or more sureties, in a sum not less than one hundred dollars and equal to the amount for which the plaintiff demands judgment, to the effect that the plaintiff will pay all costs that may be adjudged to the defendant, and all damages which he may sustain by reason of the attachment, if the same be wrongful, oppressive, or without sufficient cause. All property may be attached not by law exempt from execution, including debts owing to defendant. The defendant may have the property attached delivered to him by executing to the Sheriff a bond, with surety approved by him, to the effect that such property shall be properly kept and delivered upon demand, to be held on execution; or that he will pay the appraised value thereof; or the defendant may, before the time for answering expires, apply to the Court or Judge for the discharge of the attachment, on the grounds that it was improperly or improvidently issued.

Writs of attachment may be issued by Justices of the Peace, upon any of the foregoing grounds, except that the debt was contracted in fraud, and on the additional grounds that the defendant is a nonresident of the county, or is secretly leaving or has left the county, with the intent to hinder, delay, or defraud his creditors.

CHAPTER VII.

ARREST IN CIVIL ACTIONS.

The defendant, upon an order of the Court or Judge of the Supreme Court, may be arrested in the following cases, and no other :

1. In an action for the recovery of damages on a cause of action not arising out of contract, where the defendant is a non-resident of the Territory, or is about to remove therefrom, or where the action is for an injury to person or character, or for injuring or wrongfully taking, detaining, or converting property.

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

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, with the intent that it should not be so found or taken, or with the intent to deprive the plaintiff of the benefit thereof.

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

6. When the action is to prevent threatened injury to, or destruction of, property, and the danger is imminent that such property will be destroyed, or its value impaired, to the injury of plaintiff.

7. On the final judgment or order of any Court in the Territory,

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