, 1854-06-17

court TO which the same were certified, the
cause shall be docketcd, and the same pro
cecdingS had as though it had originated
in that court.
MANNER OF COMMENCING CIVIL ACTIONS.
See. 80 Civil actions, in the several
District courts of this Territory, shall be
commenced by the filing the complaint with
the clerk Of the court, and the issuing Of a
summons thereon, except as hereinafter
provided
Sec. "a. The clerk shall file the com
plant in his Office, endorsing thereon the
day, month, and year when it is filed, and
shall forthwith issue, under the seal of the
court, summons against all the defendants
named in the complaint. Provided That
if the defendants reside in several counties,
a summons shall issue to each county in
which any of the defendants reside or may
be found.
Sec. %. The summons shall he made re-
turnable on the first day of the next term
of the court, which shall commence twenty
days or more after it is issued.
Sec. 26. The summons shall require the
defendant, if served within the county, to
appear and file his answer with the clerk
within fifteen days after he is served with
process, and if served in any other county,
within twenty days after such service, or
that Judgment by default will be taken
against him. Provided That where, for
good and sufficient cause, the defendant
has been unable to file his answer within
the time above specified, the court, in its
discretion, may allow the answer to be filed
at any subsequent time.
See. ~, In all cases except where the
service is made by publication, as is herein
after provided for, the summons shall be
served by the sheriff of the county where
the defendant is found, or by his deputy,
or 10y person other than the plaintiff, spe-
cially appointed by him, or by person APP
pointed by the judge of the court where
the action is brought. Such appointments
shall, prior to the service, be made in wri-
ting, endorsed upon the summons, and
signed by the party making them. The
summons shall be returned to the office Of
the clerk from which it issued, with the
return Of the sheriff or his deputy endorsed
thereon, or if served by person specially
his affidavit. And when issued
to or served in county other than that in
which the action is pending, tmay be sent
and returned by mail
Sec. %. The summons shall be served
by delivering copy thereof, together with
a copy of the complaint, certified by the
clerk, as follows
LIST. Ii the suit be against corporation,
to the president or other head of the cor
poration, secretary, cashier, or managing
agent thereof; ....
I'd. If against any county in this Terri
tory, to the county auditor
3D.. If against minor under the age of
fourteen years, to such minor personally,
and also to his father, mother, or guardian;
or if there he none within this Territory,
then 10 any person having the care or con-
troll Of such minor, or with whom he re-
sides, or in whose service he is employed;
4th. If against a person for whom o
guardian has been appointed for any cause,
to such guardian and to the defendant per-
sonally;
5th. In all other cases TO the defendant
personally, or if he be not found, to some
suitable person of the family, above the
age of fourteen years, at the dwelling house
or usual place of abode of the defendant.
Sec. 30 When service of the summons
be made as prescribed in the last
section, and the defendant, after
due diligence, cannot be found within the
Territory, and when that fact appears by
affidavit to the satisfaction of the court or
Judge thereof, and it in like manner ap-
pears that cause Of action exists against
the defendant, where actual personal no.
tice is not required by law, or that he is
proper party to an action relating to real
in SUCH Territory, such court or
Judge may grant an order that the service
be made by publication.
Sec. 30 The order shall direct the pub
lication to be made in q newspaper pub
liShed in the county where the action is
brought, and if there be no newspaper pub
lished in the COUNTY, then in newspaper
or newspapers to be designated as most
likely to give notice to the person to be
served, and for such length of time as may
be deemed reasonable, not less than once
a week for six weeks; or, in case the de-
fendant be absent from, or residing ont of
this Territory, not less than once a week for
three months. In case of publication, the
court or judge shall also direct copy Of
the summons and complaint to be forth
with deposited in the post office, directed
to the defendant at his place of residence,
unless 1t shall appear that such residence
is not known to, and cannot be ascertaned
with reasonable diligence, by the party
making the application. When publica-
ton is ordered, personal service Of copy
of the summons and complaint, out of the
Territory, shall be equivalent to publica-
ton and deposit in the post Office. In eli
ther case, the service of the summons shall
be deemed complete at the expiration of
the time prescribed in the order for'publi-