, 1871-12-18
gat, department,
An Act

An ACI
To AMEND An ACT ENTITLED An ACT TO
REGULATE THE PRACTICE AND PROCEED
ISGs IN CIVIL ACTIONS. Approved De
cember 2. 1869.
SECTION l. Be it enacted by the Le-
gislative Assembly of the Territory of
Washington. that Sction of the act to
which this is amerdatory, is hereby
amended so as to read as follows, VIZ:
Ssc. 2. All common law forms of ac-
ton are hereby abolished. but the dis
tinction between actions at law and suits
in chancery shall be preserved; and
pleadings and proceedings in actions at
law shall be as prescribed in this act; !;
and pleadinss ard proceedings in suits
in ehancery shall be as prescribed by the
laws of the United States, and by the
rules prescribed by the Supreme Court
of the United States for Courts of Equi-
ty of the United States.
SEC. 2. Sections SO, 60, 61. 62, 63. 64,
G6, 67, 6S, 60. 20, II, 172. 173, 1913 and
291 of the said act are hereby amended
so as to read as follows, viz:
SEC. 50. Actions at law. in the several
district courts of this Territory. shall be
commenced by the fling of complaint
with the clerk of the court in which the
action is brought, and the issuing of a
summons thereon: Provided, That af-
ter filing the complaint defendant in
the action may appear, answer or de-
muir, whether the summons has been is
sued or not, and such appearance, an
swer or demurrer shall be deemed a wal
yer of summons.
SEC. GO. The clerk shall endorse on
the complaint the day, month and year
the same is filed; and at any time with
in one year after the fling of the same
the plaintiff may have summons is
sued. The summons shall run in the
name of the United States of America,
be signed by the clerk, tested in the
name of the judge of the court from
which it issues, be directed to the de-
feEdant, and be issued under the seal of
the court. The summons shall state the
parties to the action, the court in which
it is brought, the county in which the
complaint is fled, the cause and general
nature of the action, and require the de-
fendant to appear and answer the COM
plant within the time mentioned in this
section, after the service of the sum-
mons, exclusive of the day of service. or
that Judgment by default will be taken
againt him according to the prayer of
the complaint, briefly stating the sum
of money or other relief demanded in
the complf int, and the clerk shall also
endorse on the summons the names of
the plaintiff S attorneys.
The time in which the summons shall
require the defendant to answer the
complaint shall be as follows:
1. If the defendant is served within
the county in which the action is brought,
twenty days.
2. If the defendant is served out of
the county but in the district in which
the action is brought, thirty days.
8. In all other cases, sixty days.
-, L. IL
summons notice in substance as fol-
lows:
1.Inan action arising on contract for
the recovery only of money, or damages.
that the plaintiff will take judgment for
a sum specified therein, if the defendant
fail to answer the complaint.
2. In other actions, that if the de-
fendant fail to answer the complaint,
the plaintiff will apply to the court for
the relief demanded therein.
In an action affecting the title to real
property, the plaintiff at the time of FL
ing the complaint. and the defendant at
the time of filing his answer when af-
firmative relief is claimed in such an
swer. or at any time afterwards, may file
with the auditor Of the county in which
the property is situated a note of the
pendency of the action, containing the
names of the parties to the action, and a
description of the property in thai coun-
ty affected thereby. and the defendants
may also, in such notice, state the nature
and extent of the relief claimed in the
answer. From the time of filing only,
shall the pendency of the action be con-
structive notice to the purchaser or in
cumbrancer of the property affected
thereby. 4 q
SEC. 81. The summons shall be serv-
ed by the sheriff of the county where
the defendant is found, or by his depu-
ty, or by person specially appointed
by him, or appointed by judge of the
court in which the action is brought, or
by any citizen of the United States over
twenty-one years of age other than the
plaintiff, and who is competent to be
witness on the trial of the action; q copy
of this complaint shall be served with
the summons. When the summons is
served by the sheriff, or his deputy, it
shall be returned by the certificate or
affidavit of the officer of its service, ard
of the service of copy of the complaint
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