Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1874-03-05

sons therein charged, and if payment shall
not be made within twenty days after such
demand, the sheriff shall levy the same on
the goods, chattels, lands and tcnements OF
the person SO chargeable and proceed thereon
in all things as on writ of execution.
SECrlON H. And to the end that all per-
sons chargeable with fees due to any sheriff,
clerk or any officer of any court in this Ter
ritory may certainly know for what the
same are chargeable, none of the fees of any
such officers shall be payable to any such
officer, until an itcmized account of the same
shall have been presented to the person
chargcablc 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 1871 of chapter four
of the Civil Practice Act is hereby amended
by adding thereto: "Either party shall have
the right to have the whole jury sworn to an
swcr questions as to their competency in the
first instance and may examine them on any
SECTION Ii. Section 2H of chapter ten
of the Civil Practice Act is hereby amended
by striking out all after the word ''atfidavit'
on the third liHc thereof
SECTION ii. Section 235 of chapter ten of
Civil Practice Act is hereby amended SO as
to read as follows: Section 23j, the party in
tending to moyc for new trial shall within
three DAYS after the rendition of the verdict
OF the Jury, or within ten days after rcceiv-
ing written notice of the filing of the re-
report of (thc:) referee, OK decision of the
court if rendered or decided during the term,
and if rendered or filed in vacation, within
ten days after receiving written notice of the
filing thereof, shall give by himself or his
counsel the points in writing particularly
specifying the grounds of such motion and
shall furnish the judge with copy OF the
same, and all proceedings shal. thcreupon bc
stayed until such motion can bc heard by the
court: provided the same shall be heard at the
sanac Term at which the trial is had. On the
argument reference may bc made to the
pleadings, evidence and minutes Of the court
and all papers used or introduced in the case.
If the application he made upon affidavits
filed the adverse party may use counter afh-
davits at the hearing. Any counter afS-
davit shall be filed ut least one day previous
to the hearing. The application for ne~
trial shall be made at the earliest practicable
period after filing the affidavits or notice of
the motion. Exceptions taken to the optm-
ions or decisions of the District Court, over
ruling motionsin arrest of judgment, and mo-
tions for new trials shall be allowed, and the
party excepting may assign for error any
opinion SO excepted to.
SEor1ox Is. All bills of exception shall
Ike reduced to form (unless noted by the clerk
and signed during the term in which the same
is tried, except in cases where the counselcon-
sent or the judge by an entry on the record
direct that it may be prepared in vacation
and signed nunc pro tune. The bills of ex-
ception must be signed by tho judge who
tried the cause and if he has inadvertently
omitted to sign bill of exceptions he may
ON motion be permitted to do so, although
his term of office or said Office has otherwise
become vacant.
SECTION 16. When q motion for 3 new
trial is heard and decided upon the minutes
of the judge and an appeal is taken from
the decision bill of of exceptions must be
settled in the usual form upon which the ar
gument of the appeal must be had.
SECTION II. When any constable, sherlK or
Coroner serves more than one process or
notice in the same direction not requiring more
than one Journey from his office, he shall
charge for and receive mileage only for the
most distant service.
SECTION 18. Upoa the dismissal or other
disposition of an action in which the court
has Jurisdiction of the subject matter Of the
action it shall I've the duty (of) the court to
render such judgment for costs as is accord
ing to law.
Probate Court the costs shall follow the
Judgment without reference to the amount
or value of property in controversy, and
such costs shall he taxed by said court in
favor of the prevailing party.
SECTION 20. That sections "a, IS, 4j, Is,
l38, 253, and 27l of an act entitled an oct
to regulate proceedings in civil cases IN
courts of justice of the Territory OF Mon
SECTION "a. The summons shall be
served by the sheriff of the county where the
defendant is found, or by his deputy, or by =
person specially appointed by him, or appoint
ed by q Judge of the court in which the &C.
ton is brought or by any white male citizen OF
the Uuited States over twenty -one years OF age,
who is competent to be witness on the
trial of the action, except as hereinafter
provided. When the summons is served by
the sheriff or his deputy It shall be returned
with the certificate on the affidavit OF the
officer of its service to the Office of the clerk
from which the summons issued. When the
summons is served by any other person as
boforc provided it shall be returned to the
office of the clerk from which 1t is
sued with the affidavit of such person OF its
service
SECTION 36. A summons shall be executed,
except as otherwise provided by law as fol-
lows: First, by reading the writ to the
defendant, or second, by delivering to him
q copy of the writ or third, by leaving a
copy of the writ at the usual place OF abode
of the defendant with some member of his
family oyer the age of fifteen years; or
fourth, when there are several defendants, resi-
dents of the same county, by delivering to
the defendant who shall be first summoned
4 COPY of the writ, and to such - may be
subsequently, summoned . copy of the writ,