The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1866-03-03


ttce ct ihe Territory # idaho, AfproUtd De-
Gender 4th, 1864.
Be i Enacted By the Legisiafirc assembly Of The
Territory # IDAHO as J9iioUS:
Sections A. 49, %. n. %. ~, IS, %. 38 SO, 40,
81, 80. 81 81. "a 55 Is. 67. 81 l20 III, i22. I3l
lS6, 1877, 1885, l39, I40, 49, lS2. ls6 ls8 l69; 100
l9l tQ2 1875, l9G 1873 1919, 20s, 2O6, 2l3. 2l4 222;
20; 227 235 239 242. 24S, 249, 256. 2G6, 2s6 28f
297. $50, 35l. 1913, 3j9. S7S, 37o, 49S are hereby
amended to read as follows
The following numbered Sections. of which this
Act is amendatorl, to>wit: Sections 244, 245
z46, IA, 81, 379, $50 381 1885, 727 728 729, $50,
15l' 732, 733 are hereby repealed, and all Acts
aoo parts OF Acts contravenng this Act are hereby
repealed.
SEe 4. Every action shall be prosecuted in the
name OF the real party in interest except us 9TH
erwlse pr yded in this Act.
SEC. l9 Actions for the following causes shall
be tried IN tie County in wkicl Tie subject of The
actlon, or some part thereof. situated, subject
ID the power OF The Court t. change the place of
trial, as provided in this Act. s#...
lst For the recovery OF real property, or Of an
estate, or interest therein, or for the determine
tlon' IN any form, OF such right or interest, and
Tor injuries to reaI property,
"a. For The partition OF real property
sd. For the foreclosure Of Il mortgage of real
property Procidfd That where such real prop
erty s situated partly in one County and partly in
another, the plaintiff ni;.y selcri either OF said
Couties, and the County so selected shall be tile
proper County cr the trial OF any or all of such
act!ons-as are mentioned in the irst; second and
third subdieiaions Of this Section.
SEC ~. The Clerk shall endorse on the COM
plant the oay, month and Year the same is fled
and at any time within one year after e fling Of
the same The plaltf may have SUMMONS i.
sued. The summons sha be signed by The Clell
and directed to the defendant asd be issdcd III.
DER the seal OF the Court
SEC. q. he simmons shall state the parties to
the action, the Court in which it is brought, the
Couhty IN which tlie complaintls fled the cause
ana general nature OF the action and reuulre The.
defendant to appear and answer tue complaint
Within the SINE mentioned In the next section.
after the service Of the StHnDns eyeiusiye of the
day OF service, or that Judgment by default will.
lie taken against him, according to the prayer of
tile complaint, briefly stating the sum Uf money
or ethef fehef demanded IN the complaint; aud
the Clerk shall also endorse on the summons the
names Ut the Plaintiffs Attorneys. 81
SEc.25. the time in which the summons shah
require the aeleiidaut to answer the complaint,
shal be Us i0liQws :, ,sasf
lst. 1t the defendant is served within the Coun.
ty, in which tie action is brought, ten days.
"a. III the defendant IS served ont OF the County
but in the district in which the actionis brought,
twenty days
Sd. IN all other cases, forty days.
SEC u. In an action affecting the title to real
ttI
complaint, and The dalendant at the time OF liling
MS answer, when affirmative lelief Is claimed in
such answer, or ut any time afterwards NAV file
with the ltecoEder OF tue County in which Tire
property Is situated, notice oil the ,pendency of
the action, containing The names oi the parties to
and the object Of the action, and description OF
the property III that county affected thereby and
Tie deentaits may also, In such notice. state the
nature aud extent ui the rellef claimed in the an
sWer. From tie time OF fling, only, shall the
pendency Ot the actlpn be constructive notice to
purchaser or ineumbraneer Of the properly af
fected thereby.
SEC Is. The summons shall be served by the
6heril1 of tile county where The defendant is found
or by his deputy or by person specially appoint
ed by hlm, or appointed BY Judgc of The Court
III whlch Tue actlonls brought, except as herein
after provided. A copy of the cornuiaint eerti-
fled by tic Clerk, Shall be seIved with the sum.
mons " heh The summons is served by the Sheriff
or his deputy 1T Shall be returned with the cert
hcate OF afaaVlt OF the officer of its service and
OF the service OF the copy ofIhe complaint to the
ufhce o the Clerk from which the summons issued
Nhep Lie SUMMONS Is served by any other per
son as before provided, it shall be returned to the
otlce OF the Clerk from which it issued, with the
affidavit OF such person of its service and of IL e
selyice OF a copy of the complaint. IF there be
more than ole defendant IN the action and snci,
defendants reside within the county. a copy OF |
the complaint need be served on only one oi the |
defendants.
SEC. 20. The summons shall be served by de. |
lyering copy thereof, as follows.
First. It the suit be against a corporation to |
tue President or other head of the corporation |
Secretary, Cashier or managing agent thereof.
Second. II the suit be against a foreign CORPORA |
ton, or nonresident JOINT stock company, or as.
socaton doing business within the TERRITORY. to |
an Agent. Cashier or Secretary thereof.
Third II against minor under tho ape ofl
fourteen years, to such mlner personally and also
to his father, mother, guardian; CT II there he
none within the Territory, then 10 any person
having the care or control of such minor. or with
whom he resides, or in whose service he is EN-.
ployed.
F0"rtA. against person jadicially declared
to be OF unsound mind or incapable of conducts.
ing his own affairs, and for whom guardian has
been appointed, 10 such guardian.
Fifth. In all other cases to the defendant per-
sonaly.
SEC. SO. The only pleadngs on the part of the |
plaintiff shall be the complaint or demurrer 10 I
defendants answer and the only rieadnrs On The
part OF the defendant shall be the demurrer or
The answer.
The demurreror answer of the defendant and
The demurrer of the plaintiff shall be flied with
the Clerk, and copy thereof served on the adj
verse party or his Attorney: Provided, The a6-
rerse party or his Attorney live within the countv
where the action is pending.
SIC. 80, The complaint shall contain
Ist. The title OF the action, specifying the name
# the Court and tie name OF the county in which
he action is brought and the naillo of the part;cs
o the action, plaintiff and defendant. sao
I'd. statement OF the facts constituting the
0f.pft a1 p.