Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1874-03-06

| Die, none Of the fees Of any such Otiic
ers shall be payable to any such officer
until an itemized account Of the same
shall have been presented to the per
son chargeablc with the same, and
signed by the officer to whom the same
are payable or until fee bill shall
have been issued by the clerk as above
provided.
Section II. Section 49, Of chapter
four of the Civil Ptactice Act is here
by amended by adding thcrcto:-
either party shall have the right to
have the whole jury sworn to answer
questions as to their competency in the
first instance and may examine then,
on any Of the matters of challenge for
cause.o
Section 13. Section o34 Of chapter
ten Of TIE Civil Practice Act is hereby
amended b, striking out all after the
word @ai'ilavit' on the third line
thereof.
Section Il. Section 235 Of chapter
ten Of Civil Practice Act is hereby
amended so as to read as follows: See
ton 235, the party intending to move
for Il new trial shall within 1hree days
after the rendition of the verdict Of
the jury, or within ten days after re-
ceiving written notice of the filing Of
the report Of (the y referee or decision
Of the court if rendered or decided
during the term, and if rendered or
fled in vacation, within ten days after
receiving written notice Of the fling
thereof, shall give by himself or his
counsel the points in writing particu-
larIy specifying the grounds Of such
motion and shall furnish the judge
with copy Of the same, and all pro
ceedings shall tllercupon be stayed un-
til such motion can be heard by the
court; provided tie same shall be
heard at the same term at which the
trial is had. On the argument refer
ence may be made to the pleadings,
evidence and minutes Of the court and
ali papers used Or introduced in the
case. II the application be made upon
atii.lavits flied the adverse party may
use counter a.!;davits at the hearing.
Any counter affidavit shall be filed at
least one day previous to the hearing.
The application for a new trial shall
be made at TIE earliest practicable
period after fling the at,idavits CT nc
tice Of the motion. Exceptions taken
to the opinions or decisions Of the Dis
t.ict Co:1rt, ruling motions in aT-
rest of Judgment, and motions for new
trials shall be allowed, and the party
may assign for errcr any
opinion SO eXccnted to.
Section 1J. All bills Of exception
shah be reduced to form (l.nless noted
by the clerk and signed during the
term in which the same is tried, ex-
:ept in eases where the counsel con
sent CT tie judge by an entry on the
rccor! direct that it may be prepared
IA vacation and signed ns.;,c pro tine.
The bills OF exceptions must be signed
BY tie .j;.:! ge who tried the cause and
L he has inadvertently omitted to sign
I bill Of exceptions he may on motion
;c permitted to q, SO, although his
-erm Of Office or said Office has other
wise become vacant.
Section rs. When q motion for q
lew trial is heard and decided upon
he minutes Of the judge and al ap-
zeal is taken from the decision Il b;li
# exceptions must be settled in the
Usual form upon which the argument
If the appeal must be had.
Section II. When any constable,
helitf or Coroner serves more than
me process or notice in the sane tli-
'ection not requiring more than one
Quincy from Lis Office, he shall charge
cr and receive mileage only for the
most distant service.
Section Is. Upon the dismissal or
thcr disposition of an action in which
he court has jurisdiction of the sub
cct matter Of the action it shall be the
luty (Of) the court to render such
,gment for costs as is according to
aW.
Section 10. In all cases adjudicated
n the Probate Court the costs shall
Dllow the Judgment without reference /;
0 the amount or value Of property in I
and such costs shall be
axed by said court in favor of the pre- {
ailIng party. {
Section 20. That sections "a, 36, 45, I
S, 13S, 253 and 271 of an act entitled
n act to regulate proceedings in civil ,
ases in courts of justice of the Terri
1ry Of Montana be amended SO as TO |
cad as follows: It
Section 81. The summons shall be t
erved by the sheriff of the county
here the defendant is found, Or by
is deputy, or by person specially |
ppointed by him. or appointed by att
ldge of the court in which the action j
brought or by any White male citi- |
en of the United State over twenty /
ne years of age, who is competent to c
9 witness on the trial Of the action, t
xcept as hereinafter provided. When /"
le summons is served by the sheriff
his deputy it shall be returned with !
le certificate on the affidavit of the a
ficer of its service to the Office of the e
erik from which the summons issued. t
Vhe1fthe summons is served by any c
her person as before provided it c
lall he returned to the Office of the t
ERIK from which it is issued with the S
fidavit of such person of its service.
Section 36. A summons shall be ex- e
,uted, except as otherwise provided &