Plaintiff must Summons sued by clerk. the office of the clerk of the proper court a petition, and causing summons to be issued thereon. SEC. 52. The plaintiff shall, also, file with the clerk of court, præcipe, stating the names of the parties to the action, and demanding that a summons issue thereon. is- SEC. 53. The summons shall be issued by the clerk, shall Summons sent to any county. Sumin's. When returnable. 0:her writs may be issued. Summons, how served. SEC. 54. When the action is rightly brought in any county. according to the provisions of title four, a summons shall be issued to any other county, against any one or more of the defendants, at plaintiff's request. SEC. 55. Where the time for bringing parties into court. is not fixed by statute, the summons shall be returnable on the second Monday after the day of its date; but where it is issued to any other than the county in which the action is brought, it may be made returnable, at the option of the party having it issued, on the third or fourth Monday after its date. It shall state the day of the month on which it is returnable. SEC. 56. When a writ is returned "not summoned," other writs may be issued, until the defendant or defendants shall be summoned; and when defendants reside in different counties, writs be issued to such counties at the same time. Actual Service of Summons. may SEC. 57. The summons shall be served by the officer to whom it is directed, who shall indorse on the original writ, the time and manner of service. It may also be served by any person not a party to the action, appointed by the officer to whom it is directed. The authority of such person shall be indorsed on the writ, and when the writ is served by a person appointed by the officer to whom it is directed, or when the service is made out of this Territory, the return shall be verified by an oath or affirmation. SEC. 58. The service shall be by delivering a copy of the summons to the defendant personally, or by leaving one at his usual place of residence, with some member of his family or other person in his employ over the age of fifteen (15) years, to whom the contents shall be exposed, at any time. before the return day. SEC. 59. In all cases the return must state the time and What manner of service. SEC. 60. The officer to whom the summons is directed must return the same at or before the time therein stated. SEC. 61. An acknowledgment on the back of the summons, or the voluntary appearance of a defendant, is equivalent to service. return must state. corporation on. SEC. 62. A summons against a corporation may be served Summons agst upon the president, mayor, chairman of the board of directors may be served or trustees, or other chief officer; or if its chief officer is not found in the county,, upon its cashier, treasurer, secretary, lerk or managing agent; or if none of the aforesaid officers can be found, by a copy left at the office or last usual place of business or such corporations SEC. 63. When the defendant is an incorporated insurance company, and the action is brought in a county in which there is an agency thereof, the service may be upon the chief officer of such agency. SEC. 64. When the defendant is a foreign corporation. having an agent in this Territory, the service may be made upon such agent. of minor. SEC. 65. When the defendant is a minor under the age Service in case of fourteen years, the service must be upon him, and upon his guardian or father; or, if neither of these can be found, then upon his mother, or the person having the care or con Service by publication. Amdavit must be fled. Publica.'n six weeks. trol of the infant, or with whom he lives. If neither of these can be found, or if the minor be more than fourteen years of age, service on him alone shall be sufficient. The manner of service may be the same as in the case of adults. Constructive Service. SEC. 66. Service may be made by publication in either of the following cases: First. In actions brought under the 41st, 42nd and 43d sections of this code, when any or all of the defendants reside out of the Territory. Second. In actions brought to establish or set aside a will, where any or all of the defendants reside out of the Territory. Third. In actions brought against a non-resident of this Territory, or a foreign corporation having in this Territory. property or debts owing to them, sought to be taken by any of the provisional remedies, or to be appropriated in any way. Fourth. In actions which relate to, or the subject of which is, real or personal property in this Territory, where any defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly or partially in excluding him from any interest therein, and such defendant is a non-resident of the Territory, or a foreign corporation. Fifth. In all actions where the defendant, being a resident of the Territory, has departed therefrom, or from the county of his residence, with intent to delay or defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent. SEC. 67. Before service can be made by publication, an affidavit must be filed that service of a summons cannot be made within this Territory on the defendant or defendants to be served by publication, and that the case is one of those mentioned in the preceding section. When such affidavit is filed the party may proceed to make service by publication. SEC. 68. The publication must be made six consecutive weeks in some newspaper printed in the county where the petition is filed, if there be any printed in such county; and if there be not, in some newspaper printed in this Territory, of general circulation in that county. It must contain a summary statement of the object and prayer of the petition, mention the court wherein it is filed, and notify the person or persons thus to be served when they are required to answer. SEC. 69. Service by publication shall be deemed complete Public'n when when it shall have been made in the manner and for the time complete. prescribed in the preceding section; and such service shall be proved by the affidavit of the printer, or his foreman or principal clerk, or other person knowing the same. vice out of Ter SRC. 70. In all cases where service may be made by Personal publication, personal service of a copy of the summons and ritory. complaint may be made out of the Territory. a whom a judg SEC. 71. A party against whom a judgment or order has A person ag`st been rendered, without other service than by publication in newspaper, may, at any time within three years after the ment has been publicata may rendered upon have same three years.etc. date of the judgment or order, have the same opened, and be opened within let in to defend. Before the judgment or order shall be opened, the applicant shall give notice to the adverse party of his intention to make such application, and shall file a full answer to the petition, pay all costs, if the court require them to be paid, and make it appear to the satisfaction of the court, by affidavit, that during the pendency of the action he had no actual notice thereof in time to appear in court and make his defense, but the title to any property, the subject of the judgment or order sought to be opened, which by it, or in consequence of it shall have passed to a purchaser in good faith, shall not be affected by any proceedings under this section, nor shall they affect the title of any property sold before judgment under an attachment. The adverse party, on the hearing of an application to open a judgment, order, as provided by this section, shall be allowed to present counter affidavits, to show that during the pendency of the action the applicant had notice thereof in time to appear in court and make his defense. SEC. 72. In actions where it shall be necessary to make Acti's in cases the heirs or devisees of any deceased person defendants, and heirs. of un known Where part on ly of defend it shall appear, by the affidavit of the plaintiff annexed to his petition, that the names of such heirs or devisees, or any of them, and their residence, are unknown to the plaintiff, proceedings may be had against such unknown heirs or devisees, without naming them, and the court shall make such order respecting service as may be deemed proper, if service by publication be ordered, the publication shall not be less than six weeks. SEC. 73. When the action is against two or more defendants are served ants, and one or more shall have been served, but not all of then, the plaintiff may proceed as follows: with process. Process as to First, If the action be against defendants jointly indebted upon contract, he may proceed against the defendants served. unless the court otherwise direct. Second, If the action be against defendants severally liable. he may, without prejudice to his rights against those not served, proceed against the defendants served in the same manner as if they were the only defendants. SEC. 74. When the summons has been served, or publicathird persons. tion made, the action is pending, so as to charge third persons with notice of its pendency, and while pending no . interest can be acquired by third persons in the subject-matter thereof, as against the plaintiff's title. Judgme't must be recorded to tate out of the county. SEC. 75. When any part of real property, the subjectbind real es-matter of an action, is situated in any other county or counties than the one in which the action is brought, a certified copy of the judgment in such action must be recorded in the register of deeds office of such other county or counties, before it shall operate therein as notice, so as to charge third persons, as provided in the preceding section. It shall operate as such notice without record in the county where it is rendered; but this section shall not apply to actions or proceedings under any statute in force prior to the passage of this act, which does not require such record. Several causes of action may TITLE VI Joinder in Action. SEC. 76. The plaintiff may unite several causes of action united, in in the same petition, when they are included in either one of what cases. the following classes: |