, 1854-06-17

Sec. l3. The county treasurer shall an
nually make complete settlement with the
board Of county commissioners at the reg
ular September term thereof, and shall al
the expiration of his term Of Office deliver
to his successor all public money, books
and papers in his possession.
Sec. H. The county treasurer shall re
ceiye as a compensation for his service,
two per cent on all moneys received anC
two per cent on all moneys paid out by hin
for the county
| certify the foregoing is a true copy oi
the original act
c. II. MASON,
iSereiaryofHe Territory Of Washington.
AN ACT regulating the practice and proceedings in
Civil Actions.
Passed. April 2sth, 1854
Sec. ]. BE il enacted JV The Legislator,
assembly of The Territory Of Washington,
That all common law forms of action, and
all distinctions between law and equity are
hereby abolished, and hereafter there
shall be in this Territory but one form of
action, to establish and enforce private
rights, which shall be called civil action.
OF THE PARTIES TO CIVIL ACTIONS.
Sec. 2. The party commencing the ac-
ton, shall be known as the Plaintiff, and
and the opposite party the Defendant.
Sec. 3. Every action shall be prosecu-
ted in the name of the real party in inter
est, except as is otherwise provided by law,
but in all cases where the action is brought
by an assignee, the same defence may be
set up as could be done, were the suit
brought in the name of the original party
for the use Of the assignee, except in cases
where the action is upon negotiable prom
issory note or bill Of exchange, transferred
in good faith and upon good consideration
before due.
Sec. T. An executor, or administrator,
or guardian of minor or lunatic, trustee
of an express trust, or a person authorized
by Statute, may sue without joining the
person for whose benefit the suit is prose-
cuted.
Sec. 5. When a married woman is q
party, her husband must be joined with her,
except where the action is between her hus-
band and herself, when she may sue and be
sued alone.
Sec. 6. When an infant is a party, he
shall appear by guardian, and if he has no
guardian, or in the opinion of the court the
guardian is an improper person, the court
shall appoint one to act
Sec. l. The guardian shall be appoint
ed as follows:
LIST. When the infant is plaintiff, upon
the application of the infant, if he be of the
age Of fourteen years or if under that age,
upon the application Of a relative or friend
OF the infant
3D. When the infant is dependant, upon
an application of the infant, if he be Of the
age of fourteen years and apply on the first
day of the return term of the summons if
he be under the age Of fourteen, or neglect
to apply, then upon the application of any
other party to the action, or Of a relative
or friend of the infant.
Sec. 8. All persons interested in the
cause Of action, or necessary to the complete
determination of the questions involved
shall, unless otherwise provided by law, be
joined as plaintiffs, when their interest is in
common with the party making the com
plant and as defendants, when their in
terest is adverse to the plaintiff Proridca,
That where good cause exists, which shall
be made to appear in the complaint, why q
party who should be plaintiff cannot, from
a want Of consent on his part or otherwise,
be made such complainant, he made de-
fendant.
Sec. 8. When the question is one of
common or general interest to many per-
sons, or where the parties are numerous,
and it is impracticable to bring them all
before the court, one or more may sue or
defend for the benefit of the whole.
Sec. 10. Persons severally liable upon
the same obligation or instrument, inclu-
ding the parties to bills of exchange and
promissory notes, may all or any of them,
be included in the Same action, at the op-
ton Of the plaintiff.
Sec. IL. No action shall abate by
the death, marriage, or other disability of q
party, or by the transfer of any interest
therein, if the cause of action survive or
continue, but the court, may on motion, al
low the action to be continued by or against
his representatives or successor in interest.
Sec. IL. A defendant against whom an
action is pending Upon contract, or for
specific, real or personal property, may, at
any time before answer, upon affidavit that
q person not party to the action, and
without collusiOn with him, makes against
him demand for tRs same debt or proper
ty, upon doe notice to such person, and the
adverse party apply to the court for an or
der to substitute such person in his place,
and discharge him from liability to either
party, on his depositing in court the amount
of the debt, or delivering the property, OF
its value, to such person as the court may