Year: 1874

tilc writ at the usual place Of abode O


the defendant with some member O


his family over the age Of fifteen years


or fourth, when there are several dc


PENDANTS. residents Of the same county


by delivering to the defendant whs


shall be first summoned a copy of tin.


writ, and to such as may be snbsc


qucntly summoned a copy Of the writ


or by leaving such copy at the usua
place of abode of the defendant Will


some member of his family over tht


age Of fifteen years. If the suit bt
(brousNt) against q corporation, scr


vice silal! be had b. delivering a copy


Of the writ to the President or ctEe,


head Of the corporation, Or to the See


retary, cashier, Or managing agent


thereof. If suit be against a foreign


corporation, CT nonresident joint


stoc; company or association doing


business within this Territory. service


shall be had by delivering a copy OF


the writ to any Agent, Cashier or Sec


rctary thereof. If the suit be against


a minor under the age Of fourteen


years, service shall be had by deliver


ing q copy of the writ to such minor


personally, and also to his or her faith


er, mother or guardian, nr if there be


none i'll the Territory, then to any per


son having the care or control Of such


minor, Or with whom he Or she resides,
Or in whose service lie or she is en-


ployed. If the suit be against per-
son .jlldicially declared ODE of unsound
mind, or incapable Of conducting his
Tor her) own affairs, and for whom a
guardian has been appointed, service
shall lie had by delivering Il copy of
the writ to such guardian. Copies of
the papers atteste,i may be furnished
by the Clerk to (the. adverse party,
and the charges therefor taxed as
costs in the case.


Section 45. From the time OF tie
service OF the Summons ina civil action,
the court shall be deemed to have ac-
Gnired jurisdiction and to have control
Ct all the subsequent proceedings. A
voluntary appearance of the defendant
shall be equivalent to personal service
of the summons upon him. If any
plaintiff shall al!cge that there are, or
that he verify believes there are, per
sons in the subject matter Of the com
p,alnt, whose names he cannot insert
therein because they are unknown to
him, and shall describe the interests
Of such persons and how derived, so
far as his knowledge extends. the
court, or the Judge thereof in vaca-
ton, shall make all order, as in Gaze
Of non-resilcnts Of publication Of the
summons, reciting moreover the sub
stance Of the allegations Of the com
plaint in relation to the interests OF
such unknown parties, and after the
completion Of service BY such publica-
ton, the court shall have Jurisdiction
of such person and any Judgment or
decree rendered in the action. The
action shall apply to and include such
persons with respect to such interest
in the subject matter Of the action.


Section IS. The only pleading Oh the
part Of the plaintiff SHALL be the com
p'aint, demurrer Or replication to the
answer, and the only
pIeadings Oil the part Of the defendant
shall be a demurrer to the replication
,r answer to the complaint. The de-
nu1rcr or answer OF the defendant.
md the demurrer or replication Of tue
plaintiff, shall be fled with the Clerk.


Section 1873. Before iss1,in. the writ,
he Clerk shall require written un-
lertahing OH the part of the plaintiff,
With two or more sufficient surities, to
De approved by the Clerk, in a sllm
lot less than the amount claimed by
he plaintiff, to the effect that if the
defendant recover Judgment, Or if the
'oJrt shall finally decide QhaD the
plaintiff was not entitled to an attach
nent, the plaintiff will pay all costs
hat may be awarded to the defend
mt, and all damages he may sustain
" reason of the wrongful sueing out
# the attachment. not exceeding the
rm specified in the undertaking; said
urities may be required to certify be-
ore the Clerk Of the Court to the ef-
ect that each for himself is worth the
mount specified in the undertaking
yer and above his debts and liabilities
nd property by law exempt from ex-
cution in the Territory Of Montana
'rOvidcd that when the amount claim
d by the plaintiff shall be one thcus-
nd dollars or any sum under one
housand dollars, the said undertak-
lg shall be in sum not less than
Ouble the amount claimed.


Section 253. The execution may be
lade returnable at any time not less
han ten, nor more than sixty days af-
er it's receipt by the Sheriff to the
'Ierk with whom the Judgment rollssis
led. When the execution shall have
cen returned, it shall be the duty of
le Clerk to attach the same to the
ldgment roll. If any real estate be
,vied upon, the Clerk shall record the
eturn to the execution at large, and
Gritty the same under his hand as
.ue copies in the book to be called the
Execution Book" which book shall
e indexed with the names of the ,
laimtiifs and defendants in execution
alphabetically arranged, and kept op-
i at all times during Office hours for
le inspection of the public, without !
large, and shall ho evidence Of the !
,ntents Of the originals, whenever !
,n, ou o,,xr no VT thn,.nnf NOV ho do |