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briefly stating the sum of money or other relief demanded in the complaint; and the clerk shall also endorse on the summons the names of the plaintiff's attorneys.

Sec. 31. The time in which the summons shall require the defendant to answer the complaint shall be as follows: First. If the defendant is served within the county in which the action is brought, ten days. Second. If the defendant is served out of the county but in the district in which the action is brought, twenty days. Third. For all other cases, forty days.

Sec. 32. There shall also be inserted in the summons a notice, in substance as follows: First. In an action arising on contract for recovery only of money, that the plaintiff will take judgment for a sum specified therein if the defendant fail to answer the complaint. Second. In other actions, that if the defendant fail to answer the complaint, the plaintiff will apply to the court for the relief demanded therein.

Sec. 33. In an action affecting the title to real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterwards, may file with the recorder of the county in which the property is situated a notice of the pendency of the action, containing the names of the parties to and the object of the action, and a description of the property in that county 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 constructive notice to a purchaser or incumbrancer of the property affected thereby.

Sec. 34. The summons shall be served by the sheriff of the county where the defendant is found, or by his deputy, or by a person specially appointed by him or appointed by a judge of the court in which the action is brought, or by any white male citizen of the United States over twenty-one years of age, who is competent to be a witness on the trial of the action except as hereinafter provided. A copy of the complaint, certified by the clerk, shall be served with the summons. When the summons is served by the sheriff or his deputy, it shall be returned with the certificate or affidavit of the officer of its service and of the service of a copy of the complaint to the office of the clerk from which the summons issued. When the summons is served by any other

person as before provided, it shall be returned to the office of the clerk from which it issued with the affidavit of such person of its ser. vice and of the service of a copy of the complaint.

Sec. 35. It shall be the duty of the clerk issuing the summons, at the request of the plaintiff, and upon payment of his fees therefor, to make out a copy or copies of the complaint, and deliver the same to the plaintiff

, or to the officer or person executing such summons.

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Sec. 36. A summons shall be executed, except as otherwise provided by law, as follows: First, by reading the writ to the defendant and delivering to him a copy of the complaint; or second, by delivering to him a copy of the complaint and writ; or third, by leaving a copy of the complaint and writ, at the usual place of abode of the defendant, with some member of his family,

age of fifteen years; or fourth, when there are several defendants, residents of the same county, by delivering to the defendant who shall be first summoned, a copy of the complaint and writ, and to such as may be subsequently summoned a copy of the writ, or by leaving such copy at the usual place of abode of the defendant, with some member of his family over the age of fifteen years. If the suit be (brought) against a corporation, service shall be had by delivering a copy of the complaint and writ to the president, or other head of the corporation, or to the secretary, cashier, or managing agent thereof.

If the suit be against a foreign corporation, or a non-resident joint stock company, or association, doing business within this territory, service shall be had by delivering a copy of the complaint and writ to an agent, cashier, or secretary thereof.

If the suit be against a minor under the age of fourteen years, service shall be had by delivering a copy of the complaint and writ to such minor, personally, and also to his or her father, mother, or guardian, or if there be none in the territory, then to any person having the care or control of such minor, or with whom he or she resides, or in whose service he or she is employed.

If the suit be against a person judicially declared to be of unsound mind, or incapable of conducting his or her) own affairs, and for whom a guardian has been appointed, service shall be had by delivering a copy of the complaint and writ to such guardian.

Sec. 37. When there are several defendants residing in different counties, a separate summons shall be issued to each county, including all of the defendants residing therein.

Sec. 38. A written acknowledgment of service of summons upon him by a defendant shall be deemed valid and sufficient service.

Sec. 39. In all cases when the defendant shall refuse to hear the writ read, or to receive a copy of the writ or complaint, the offer of the officer or other person to read the same, or to deliver a copy thereof, such offer and refusal shall be sufficient service of such writ.

Sec. 40. 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 conceals himself to avoid the service of summons, and the fact shall appear by affidavit filed in the office of the clerk of the court, in

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which the action is pending, and it shall in like manner appear that a cause of action exists against the defendant, in respect to whom the service is to be made, or that he is a necessary or proper party to the action, such court, or the judge thereof, or in case of the absence (of the judge), or inability to act of such judge, the clerk of such court may grant an order that the service be made by publication of the summons.

Sec. 41. The order shall direct the publication to be made in a public newspaper, published in this territory, to be designated as most likely to give notice to the person to be served, and such publication shall be made at least once a week, for four successive weeks. In case of publication where the residence of a non-resident or absent defendant is known, the court or the judge, or clerk thereof, shall also direct a copy of the summons 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 ordered, personal service of a copy of the summons and complaint out of the territory shall be equivalent to publication and deposit in the post office. In case of such personal service, the service of summons shall be deemed complete at the expiration of ten days thereafter; and in case of publication, the service of summons shall be deemed complete at the expiration of ten days after the completion of the time prescribed for publication.

Sec. 42. Where the action is against two or more defendants, and the summons is served on one or more, but not on all of them, the plaintiff may proceed as follows: First. If the action be against defendants jointly indebted upon a contract, he may proceed against the defendants served unless the court otherwise direct; and if he recover judgment it may be entered against all the desendants 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. Second. If the action be against defendants, severally liable, he may proceed against the defendants served in the same manner as if they were the only defendants.

Sec. 43. Proof of the service of the summons shall be as follows: First. If served by the sheriff or his deputy, the certificate of such sheriff or deputy. Second. If by any other person, his affidavit thereof. Third. In case of publication, the affidavit of the editor, publisher, or his foreman, or his principal clerk, showing the same, and an affidavit of a deposit of a copy of the summons in the post office, if the same shall have been deposited. Fourth. The written admission of defendant.

Sec. 44. In case of service otherwise than by publication, the certificate shall state the time and place of the service.

Sec. 45. From the time of the service of the summons and copy of complaint in a civil action, the court shall be deemed to have acquired jurisdiction and to have control of all the subsequent pro

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ceedings. A voluntary appearance of a defendant shall be equivalent to personal service of the summons upon him. If any plaintiff shall allege that there are, or that he verily believes that there are, persons interested in the subject matter of the complaint, whose names he cannot insert therein, because they are unknown to him, and shall describe the interest of such persons and how derived, so far as his knowledge extends, the court, or the judge thereof in vocation, shall make an order, as in case of non-residents, of publication of the summons, reciting moreover the substance of the allegations of the complaint in relation to the interest of such unknown parties, and after the completion of service by such publication, the court shall have jurisdiction of such person and any judgment or decree rendered in the action. The action shall apply to and conclude such persons with respect to such interest in the subject matter of the action.

TITLE IV.

CHAPTER I.

OF THE PLEADINGS IN CIVIL ACTIONS.

Sec. 46. Pleadingswhat.
Sec. 47. Sufficiency of pleadinghow determined.
Sec. 48. Pleading on part of plaintiff and defendant.
Sec. 49. Complaint-what to contain.
Sec. 50. When defendant may demur.
Sec. 51. Demurrer must specify grounds of objection.
Sec. 52. Demurrer and answer.
Sec. 53. Amended complainthow filed and served.
Sec. 54. Objection not appearing on complaint.
Sec. 55. Objectionwhen deemed waived.
Sec. 56. Answer-what to contain.
Sec. 57. Counter claim.
Sec. 58. Cross demands.
Sec. 59. Several defences.
Sec. 60. Replication to answer and sham and irrelevant defence.
Sec. 61. Pleading to be verified.
Sec. 62. Copy of instrumentwhen deemed admitted as genuine.
Sec. 63. Pleadingshow and by whom verified.
Sec. 64. Items of accountbills of particulars.
Sec. 65. Irrelevant or redundant matter.
Sec. 66. In real actionshow to describe property.
Sec. 67. Judgmentshow to be pleaded.

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Sec. 68. Conditions precedenthow to be pleaded.
Sec. 69. Private statuteshow to be pleaded.
Sec. 70. Libel and slander-how stated in complaint.
Sec. 71. Answer in such cases.
Sec. 72. What causes of action may be joined.
Sec. 73. Allegations not deniedwhen to be deemed true.
Sec. 74. What is a material allegation.
Sec. 75. Amendments of course, and effect of demurrers.
Sec. 76. Conditions of amendmentscorrections of mistakes-er-

tend time to pleadrelieve from judgment in certain

cases.
Sec. 77. Fictitious name.
Sec. 78. Pleadings-how construed.
Sec. 79. No error or defect to be regarded unless it affects the sub-

stantial rights.
Section 46. The pleadings are the formal allegations by the
parties of their respective claims and defences for the judgment
of the court.

Sec. 47. All the forms of pleadings in civil actions, and the rules by which the sufficiency of the pleadings shall be determined, shall be those prescribed in this act.

Sec. 48. The only pleadings on the part of the plaintiff shall be the complaint, demurrer, or replication to the defendant's answer, and the only pleadings on the part of defendant shall be a demurrer to the complaint, or a demurrer to the replication, or an answer to the complaint. The demurrer or answer of the defendant and the demurrer or replication of the plaintiff shall be filed with the clerk, and a copy thereof served on the adverse party or his attorney: Provided, the adverse party or his attorney live in the county where the action is pending.

Sec. 49. The complaint shall contain: First. The title of the action, specifying the name of the court and the name of the county in which the action is brought, and the name of the parties to the action, plaintiff and defendant. Second. A statement of the facts constituting the cause of action, in ordinary and concise language, without unnecessary repetition. Third. Å demand for the relief which plaintiff claims, or, if the recovery of money or damages be demanded, the amount thereof shall be stated.

Sect. 50. The defendant may demur to the complaint within the time required in summons to answer, when it appears upon the face thereof, either: First, that the court has no jurisdiction of the person of the defendant or the subject of the action; or, second, that the plaintiff has no legal capacity to sue; or, third, that there is another action pending between the same parties for the same cause; or, fourth, that there is a defect or misjoinder of parties, plaintiff or defendant; or, fifth, that several causes of action have

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