guardian, who may be appointed by the court in which the action is prosecuted, or by a judge thereof, or a probate judge.

SEC. 10. The guardian shall be appointed as follows: First. When the infant is plaintiff, upon the application of the infant, if he be of the age of fourteen years; or, if under that age, upon the application of a relative or friend of the infant. Second. When the infant is defendant, upon the application of the infant, if he be of the age of fourteen years, and apply within ten days after the service of the summons; if he be under the age of fourteen, or neglect so to apply, then upon the application of any other party to the action, or of a relative or friend of the infant.

SEC. 11. A father, or, in case of his death or desertion of his family, the mother, may maintain an action for the injury or death of a child; and a guardian for the injury or death of his ward.

SEC. 12. All persons having an interest in the subject of the action, and obtaining the relief demanded, may be joined as plaintiffs, except when otherwise provided in this act.

SEC. 13. Any person may be made a defendant, who has, or claims an interest in the controversy, adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.

SEC. 14. Of the parties to the action, those who are united in interest shall be joined as plaintiffs, or defendants; but if the consent of any one, who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint; and when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all into court, one or more may sue or defend for the benefit of all.

SEC. 15. Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instrnments, may all, or any of them, be included in the same action, at the option of the plaintiff.

SEC. 16. An action shall not abate by the death, or other disability of the party or by the transfer of any interest therein, if the cause of action survive or continue. In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.

SEC. 17. The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court shall order them to be brought in.

TITLE II.

PLACE OF TRIAL OF CIVIL ACTIONS.

SEC. 18. Where subject matter is situated.
19. Where cause of action arose.
20. Where parties reside.

24. Changing place of trial.

SEC. 18. Actions for the following causes shall be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial, as provided in this act: First. For the recovery of real property, or mining claims, or of an estate or interest therein, or for the determination, in any form, of such right or interest, or for injuries to real property. Second. For the partition of real property. Third. For the foreclosure of a mortgage of real property.

SEC. 19. Actions for the following causes shall be tried in the county where the cause, or some part thereof, arose, subject to the like power of the court to change the place of trial: First. For the recovery of a penalty or forfeiture imposed by statute; except, that when it is imposed for an offense committed on a lake, river, or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river, or other stream, and opposite to the place where the offense was committed. Second. Against a public officer, or person especially appointed to execute his duties, for an act done by him in virtue of his office, or against a person who, by his command, or in his aid, docs anything touching the duties of such officer.

SEC. 20. In all other cases, the action shall be tried in the county in which the parties, or some of them, reside at the commencement of the action; or, if none of the parties reside

in the territory, the same may be tried in any county which the plaintiff may designate in his complaint, subject, however, to the power of the court to change the place of trial, as provided in this act.

SEC. 21. The court may, on motion, change the place of trial in the following cases: First. When the county designated in the complaint is not the proper county. Second. When there is reason to believe that an impartial trial cannot be had therein. Third. When the convenience of witnesses, and the ends of justice, would be promoted by the change. Fourth. When, from any cause, the judge is disqualified from acting in the action.

TITLE III.

MANNER OF COMMENCING ACTIONS.

SEC. 22. How commenced in certain courts.

23. Complaint, how indorsed.

24. Form of summons.

25. Answer, when to be made.

26. Notice to be inserted in summons.

27. Notice in action affecting real property.

28. Summons, by whom served.

29. How served.

30. Service by publication.

32. Proceedings where service is made only on some of several defendants. 33. Proof of service.

35. Jurisdiction, when it attaches.

SEC. 22. Civil actions in the district court, and the probate courts, shall be commenced by the filing of a complaint with the clerk of the court in which the action is brought, and the issuing of a summons thereon: Provided, That after the filing of the complaint, a defendant in the action may appear, answer or demur, whether the summons has been issued or not, and such appearance, answer or demurer, shall be deemed a waiver of summons.

SEC. 23. The clerk shall indorse on the complaint the day, month and year the same is filed; and at any time within one

year after the filing of the same, the plaintiff may issue, or cause to be issued, a summons thereon. The summons shall be issued and signed by the clerk or attorney of the plaintiff, and directed to the defendant, and when issued by the clerk, to be issued under the seal of the court.

SEC. 24. The summons shall state the parties to the action, the court in which it is brought, the county in which the complaint is filed, the cause and general nature of the action, and require the defendant to appear and answer the complaint, within the time mentioned in the next section, after the service of summons, exclusive of the day of service, or that judgment by default will be taken against him, according to the prayer of the complaint, briefly stating the sum of money or other relief demanded in the complaint; and the clerk shall also indorse on the summons the names of the plaintiff's attorneys. SEC. 25. 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, twenty days. Second. If the defendant is served out of the county, but in the district in which the action is brought, thirty days. Third. In all other cases, forty days.

SEC. 26. There shall also be inserted in the summons a notice, in substance as follows: First. In an action arising on contract for the recovery only of money or damages, 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. 27. In an action affecting the title to real property, the plaintiff, at the time of filing the complaint, 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, the object of the action, and a description of the property in that county affected thereby. 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. 28. 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. When the summons is served by the sheriff or his deputy, it shall be returned with the certificate or affidavit of the offcer, to the office of the clerk where the complaint is filed. When the summons is served by any other person, as before provided, it

shall be returned to the office of the clerk, with the affidavit of such person, of its service.

SEC. 29. The summons shall be served by delivering a copy thereof, as follows: First. If the suit be against a corporation, to the president or other head of the corporation, secretary, cashier, or managing agent thereof. Second. If against a minor, under the age of fourteen years, to such minor personally, and also to his father, mother, or guardian; or if there be none within the territory, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed. Third. If against a person judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed, to such guardian. Fourth. In all other cases, to the defendant personally; or if he be not found, to some white person of the family, above the age of fourteen years, at the dwelling house or usual place of abode of the defendant, and explaining to such person the contents of such summons.

SEC. 30. 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 dilligence be found within the territory, or conceals himself to avoid the service of summons, and the fact shall appear, by affidavit, to the satisfaction of the court, or a judge thereof, or a probate judge, 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 judge may grant an order that the service be made by publication of the summons.

SEC. 31. 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 deemed reasonable, at least once a week: Provided, That the publication against a defendant, being or residing either in the states of California or Oregon, or territories of Utah or Washington, shall not be less than one month; and against a defendant residing out of this territory, or absent therefrom, or out of either of the states of California or Oregon, or territories of Utah or Washington, shall not be less than three months. In case of publication, where the residence of a non-resident or absent defendant is known, the court or judge 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