, 1854-06-17

. which the subject of the action or some
part thereof is situated.
lst. For the recovery of, for the pos
session of, for the partition Of, for the fore
closure of Il mortgage on or for the deter
mination of all qustiOns affecting the title
! or for any injuries to real property.
I'd. All questions involving the rights
to the possession or title to any specific ar
ticle of personal property in which last
mentioned class of cases damages may al
so be awarded for the detention and for i'll
jury to such personal property.
See. IA. Actions for the following eau
ses shall be tried in the county where the
cause or some part thereof, arose.
i list. For the recovery Of II penalty or
forfeiture imposed by statute except that
when it is imposed for an offence committed
on lake, river or other body of water,
situate in two or more counties, the action
may be brought in any county bordering
on such lake, river or stream, and opposite
to the place where the offence was COM
mitted.
I'd. Against a public officer or person
specially appointed to execute his duties
for an act done by him in virtue of his Of
fee or against u person, who by his COM
mand, or in his aid-shall do any thing
touching the duties of such officer
Sec. Is. In all other cases the action
shall be tried in the county in which the
defendant may be served with process :;
Provided, that in cases where there are two
or more persons jointly liable, action may
be commenced in the county where one
more Of the defendants may be found, and
process may issue for the other defendants
to any other county in the Territory Pro-
vided, also, that nothing contained in any
Of the foregoing sections shall be so con-
strued as to prevent a change in the place
of trial as may be provided by law
CHANGE OF VENUE.
Sec. l6. A change of venue, or the
place of trial, may be had on the applca-
ton of either of the parties in the follow
ing eases:
LIST. When the county in which the nc
ton is pending shall be a party thereto, or
interested therein;
I'd. When the Judge shall be interested
in the acticn, or connected by blood or af-
fnity with any person so interested, nearer
than in the fourth degree;
d.-Wien the party applying for such
change shall make and file an affidavit, sta
ting that the judge or the inhabitants of
the county are so prejudiced against him,
that he cannot expect an impartial trial,
and also, that the application for the change
of venue is not made for the purpose of
delay.
4th. When the county designated in the
complaint is not the proper county, and the
defendant appears and moves for the
change to the proper county.
Sec. II. Anapplicntion for the change of
venue may be made either to the court, in
term time, or to judge thereof in vacation,
and the change shall be TO the most conve-
picnt county, to which there shall be no
exception of the character of those above
enumerated; but neither party shall be en-
titled TO more than one change of venue,
except for causes not in existence, or not
known to the party, when the first change
may have been taken. Provided, That
where an application for change of venue
is made in vacation, reasonable notice shall
be given to the adverse party or his attor-
ney, Of the time and place when and where
such application shall be made.
Sec. Is. If the change of venue be Or
dercd by the Judge in vacation, he shall
Immediately transmit to the clerk of the
court where the cause is pending, the afr
davit, if any, and the order for the change,
who shall file the same in his Office.
Sec. 10. In such cases, as well as where
the order shall be made in open court, the
clerk shall forthwith transmit to the clerk
of the proper court transcript of the re-
cord and proceedings in such cause, with all
the original papers filed therein, having
firstspade out and filed in his own Office |
authenticated copies of all such original
papers.
Sec. 20. The costs of such change of
venue shall be paid by the applicant there
for, and not taxed as part of the costs of
the case; and the clerk shall require pay
ment of such costs before the transcript
and papers shall be transmitted as afore-
said. When the application for change
Of venue rs made at the term Of court at
which the cause stands for trial, the fees
and cost Of such witnesses as are in attend
ance upon q subpoena, shall be taxed and
paid as part Of the costs of the change
of venue. Provided, That where change
is allowed at term after an unsuccessful
trial of said cause, or where the party, ten
days or more prior to said term, or before
the issuing or service of any subpoena of
the opposite party, has given to the said
party notice of his intention to apply for
such change, it shall be discretionary with
said court or judge to order what portion
if any, of such costs and fees shall be taxed
as part of the costs of changing the We
nue..
Sec. or If such transcript of the rec
ord and proceedings be not transmitted to
the clerk of the proper court, within twcn-