Year: 1871

entitled to as many writs Of summons
in the same suit as may be necessary
to obtain jurisdiction Of the person of
the defendant, and shey may be issued
at the same or different timex.


SEC. g.. The summons shall be serv-
ed by delivering copy thereof. as fol-
lows:


l. If the suit be against corpora
ton, to the president or other head of
the corporation, secretary, cashier, or
other managing agent thereof.


2. If against any county, to the
county auditor.


g. If the suit be against foreign
corporation, or nonresident joint stock
company or association doing business
within this Territory. to an agent, cash
ier or secretary thereof.


4. If against a minor under the age
of fourteen years, to such minor person
ally, and also to his father, mother,
guardian; or if there be none within
this Territory. then to any person hav-
ing the care or control Of snch minor, or
with whom he resides, or in whose SER
vice he is employed.


5. If against person for whom Il
guardian has been appointed for any
cause, to such guardian.


G. In all other cases to the defend
ant personally.


SEC. 63. When the person on whom
the service is to be made, resides out of
the Territory, or has departed from the
Territory, or cannot after due diligence
be found within the Territory, or con-
ceals himself to avoid the service of
or the defendant is foreign
corporation and has property within the
Territory, or the cause of action against
such corporation arose within the Ter
ritory. and the fact shall appear by afi-
davit to the satisfaction of the district
court. or judge thereof, or a judge of
the probate court, and it shall in like
manner appear that cause of action
exists against the defendant in respect
to whom the rvice is to be made, or
that he is necessary or proper party to
the action, such court OF judge may
grant an order that the service be made
by the publication of the summons. In
no case shall summons issue against
when the person has no
property in the jurisdiction of the court,
except in action for divorce, which may
be done by publication.


SEC. G4. The order shall direct the
publication to be made in a newspaper
to be designated as most likely to give
notice to the person to be served, and
for such length of time as may be deem
ed reasonable, at least ouce a week:
provided that publication against de-
fendant residing out of the Territory,
or absent therefrom, shall not be less
than six weeks. In case of publication,
where the residence of an absent de-
fendant is known, the court or Judge
shall also direct copy Of the sum-
mons and complaint to be forthwith
deposited in the post Office, directed to
the person to be served, at his place of
residence. When publication is order
ed, personal service of copy of the
summons and complaint ont of the Ter
ritory, shall be equivalent to publiea-
ton and deposite in the post Office. In
either case the service of the summons
shall be deemed complete twenty days
after the last day of publication pre-
scribed by the order for publication.


SEc.66. The writ of subpoena in chance
ry may also be served by the sheriff or
his deputy, as well as by the person au-
by the rules in equity. and sec
tions 63. 64 and e5 shall apply to suits
in equity in SO far as said sections do
not conflict with the said rules.


Sec. 67. When the action is against
two or more defendants, and the sum-
mons is served on one or more, and not
on all of them, the plaintiff may pro-
ceed as follows: -.


1. If the action be against the de-
PENDANTS jointly indebted upon con-
tract, be may proceed against the de-
PENDANTS served, unless the court other
wise direct; and if he recover judgment,
it may be entered against all the defend
ants thus jointly indebted, so far only
as that it may be enforced against the
joint property of all, and the separate
property of the defendants served.


2. If the action be against defend
ants severalIy liable, he may proceed
against the defendants served in the
same manner as if they were the only
defendants.


SEC. 6S. Proof of the service of the
summons and copy of the complaint
shall be as follows:


1. If served by the sheriff or his
deputy, the certificate of such sheriff or
deputy.


2. If by any other person his affida-
Wit thereof.


8. If served by publication, the af- :
fidayit OF the publisher, his foreman or


olart Shovinn the same and