, 1854-07-15
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Sec. 483. An information may be prose-
cuted for the purpose Of annulling or va
eating any letters patent, certificate or
deed granted by The proper authorities Of
this Territory, when there is reason to be-
lieve that the same were obtained by fraud
or through mistake or ignorance Of ma
terial fact, or when the pGtentce or those
claiming under him have done or omitted
on act in violation OF the terms on which
the letters, deeds or certificates were grant
cd, have by any other means forfeited the
interest acquired under the same.
Sec 4S4. In such cases the information
may be filed by the prosecuting attorney
upon his relation, or by any private person
upon his relation showing his interest in
the subject matter, and the subsequent
proceeding, Judgment Of the court and
awarding OF cost, shall conform to the
above provisions, and such letters patent,
deed or certificate shall be annuIed or sus-
tanned according to the right of the case.
MISCELLANEOUS PROVISIONS.
Sec. 4S5. Pleadings sworn to by either
party in any case, shall not on the trial be
deemed proof of the facts aledged therein
nor require other or greater proof on the
part of the adverse party.
Sec. 4S6. When new party is intro
duced into an action as a representative or
successor of former party, such new par
ty.is entitled to the same notice to be CIV
en- in the same manner as required for de-
PENDANTS in the commencement Of an &c
ton.
Sec. 487. The time within which an
act is to be done, as herein provided, shall
be computed by excluding the first day and
including the last If the last day be Sun
day, it shall be excluded.
4Ss. Every charge Of incest, fornica-
ton, adultry, or whoredom, falsely made by
any person against female, also, words
falsely spoken Of any person, charging such
person with incest, or the Infamous crime
against nature, either with mankind or the
brute creation, shall be actionable in the
same manner as in the case Of slanderous
words, charging crime, the commission Of
which would subject the offender to death
or other degrading penalties.
Sec. 4s9 Every court and officer au-
thorized to take any bail, or surety, shall
have power to examine, on oath, the per-
son offering to become such bail, or surety,
concerning his property, and suficiency as
such bail or surety.
Sec. 400. No bond required under the
provisions Of this act, and intended as such
bond, shall be void for want of form, or
substance, or recital, or condition nor
shall the principal or surety on such ac-
count be discharged but all the parties
thereto shall be held and bound to the full
extent contemplated by the law requiring
the same to the amount specified in such
bond. In oil actions on such defective
bond, the plaintiff may state its legal ef.
feet in the same manner as though il were
q perfect bond.
Sec. 491. In any action brought for
the recovery of the purchase money against
any person holding a contract for the pur-
chase Of lands, the party bound to perform
the contract il not plaintiff, may be made
a party, and the court in final judgment
may order the interest of the purchaser to
be sold or transferred to the plaintiff upon
such terms as may be just, aud may also
order a specific performance Of the con-
tract in favor of the complainant, or the
purchaser in case sale be ordered.
Sec. 192. In all cases where notice is
required by this act it must be in writing,
and may be served by the proper officer or
any other person.
Sec. 493. Husband and wife may Join
in all causes Of action arising from injuries
TO the person or character of either, and
both of them, or from injuries to the prop
erty Of either and both of them, or arising
out Of any contract in favor of either and
both Of them.
Sec. 494. Any person required to give
bail, may deposit with the clerk the amount
Of money for which he is required to give
bail, and thereupon be discharged from ar
rest.
Sec 495. Any action against corpo-
ration may be brought in any county where
the corporation has an Office for the trans
action Of business, or any person resides.
upon whom process may be served against
such corporation, unless otherwise provided
in this act.
Sec. 496. No action for personal in
jury to any person occasioning his death,
shall abate, nor shall such right of action
determine by reason of such death, iE he
have wife and child living, but such ac-
tion may be prosecuted in favor Of such
wife, or in favor Of the wife and children,
or If no wife, in favor Of such child or
children.
Sec. 491. The widow or widow and
children, or child or children, or if no wild
ow, of a man killed in duel, shall have a
right OF action against the person Killing
him, and against the seconds, and all aiders
and abettors, and shall recover such sum
as to the jury shall deem reasonable.
See. 4yS. The seduction of an innocent