may be dismissed for want of costbond. SEC. 502. After the lapse of thirty days from the service of notice that security is required, or of an order When action that new or additional security, upon proof thereof, and that no undertaking, as required, has been filed, the court or judge may order the action to be dismissed. When commence and prosecute suit SEC. 503. That any person may commence and prosecute an action in any of the courts in this territory who will file an affidavit, stating that he has a good cause of action, that he is unable to pay the costs in money, or to procure security to secure the same; then it is hereby without made the duty of the officers of the courts to issue all writs, and serve the same, without demanding or receiving their fees in advance. SEC. 504. Whenever it shall be necessary for any territorial, district, or county officer to commence, prosecute, or defend any suit by attachment, or otherwise, on behalf and in the name of the territory of Montana, under the provisions of any statute of this territory, such officer shall so commence, prosecute, or defend any such suit without giving bond; nor shall any such officer, when prosecuting any suit on behalf of the territory, or any county thereof, be required to pay or deposit any fee or amount before or during the prosecution of any such suit; nor shall any officer so prosecuting or defending be taxed with costs or damage, but such cost or damage, when such officer shall fail to sustain his suit, shall be taxed to the said county or territory, as the case may be. costs. Certain officers may prosecute or defend suit for costs. without bond Fees to be SEC. 505. Each party to a civil action shall be required to pay the fees fixed by law for the performance of any service or duty by any officer of such court at the instance of such party at the time such service is rendered, paid on deexcept in the case hereinbefore mentioned; and no such officer shall be required to perform such service or duty unless the fees fixed therefor shall, on demand, be first paid or tendered. CHAPTER IX.- Miscellaneous Provisions. mand. SEC. 506. The supreme court, and each of the district Rules for courts, shall respectively have power to make rules and practice in regulations for governing their practice and procedure in reference to all matters not provided for by law. SEC. 507. The judges of the supreme court, of the district courts, and of the probate courts, shall have power, in any part of the territory, and justices of the peace Acknowledg within their respective counties shall have power, to take and certify: ment of deeds, etc.who may take and certify. Action in court not affected by vacancy. Written pro First. The proof and acknowledgment of a conveyance of real property, or any other instrument required to be proved or acknowledged. Second. An affidavit to be used in any court of justice in this territory. SEC. 508. No action or proceeding in a court of justice shall be affected by a vacancy in the office of all or any of the judges, or by a failure of a term thereof. SEC. 509. Every written proceeding in a court of justice in this territory, or before a judicial officer, shall be in the English language, but such abbreviations as are now the English commonly used in that language may be used, and numbers may be expressed by figures or numerals, in the customary manner. ceedings in language. What courts to have a seal. Who to keep seal. Manner of SEC. 510. Each of the following courts, and no others, shall have a seal: First. The supreme court. Third. The probate courts. SEC. 511. thereof. The clerk of each court shall keep the seal SEC. 512. The seal may be affixed by impressing it affixing im upon the paper, or on a substance attached to the paper and capable of receiving the impression. press of seal. SEC. 513. The courts of justice may be held, and Judicial days. judicial business may be transacted, on any day except as provided in the next section. SEC. 514. No court shall be opened, nor shall any judicial business be transacted, on Sunday, New Year's Non-judicial day, Fourth of July, Christmas day, Washington's birthday, Thanksgiving day, or on a general election, except for the following purposes: days. First. To give, upon their request, instructions to a jury then deliberating on their verdict. Second. To receive a verdict or discharge a jury. Third. For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature. Fourth. When it shall appear, by the affidavit of the plaintiff, or some one in his behalf, in cases for the recovery of specific personal property, that the defendant is Exceptions. about to conceal, dispose of, or remove such property out of the jurisdiction of the court, an order for taking possession of the same may be issued on any day. Fifth. When an application for a writ of attachment is made, and it shall appear by the affidavit of the plaintiff, or some one in his behalf, that the defendant is about to dispose of, conceal, or remove property subject to execution or attachment, out of the jurisdiction of the court, a writ of attachment may be issued on any day. When the day fixed for the opening of a court shall fall on any of the days mentioned in this section, the court shall stand adjourned until the next succeeding day. When, on the day appointed for the commencement of any term of the supreme or district court, the judges or judge of such court being not present to hold the same, the clerk of the court shall adjourn such term of court, from day to day, until the expiration of one week from the day appointed for the commencement of the term, noting such adjournment in the minutes each day; and if the judges or judge of such court be not then present to hold such term on the day one week from the time appointed for such term to commence, the clerk shall adjourn the court for the term, and make an entry on the minutes thereof. If the judges or judge shall appear on any day to which the court has been adjourned by the clerk, as above provided, the court shall proceed in the same manner and with the same effect as if the judges or judge had been present and the court had been regularly opened on the day appointed for the term to commence. Clerk to ad journ court if judge does not appear on first day of term. held. SEC. 515. Every court of justice, except a justice's court, shall sit at the county seat of the county in which it Courts, where it is held, except as may be otherwise provided by law. No justice of the peace shall hold a court in any other county or city than the one for which he shall have been elected. Actions against sheriff. SEC. 516. In an action brought against a sheriff for an act done by virtue of his office, if he give written notice thereof to the sureties on any bond of indemnity received by him, the judgment recovered therein shall be sufficient evidence of his right to recover against such sureties; and the court or judge, in vacation, may, on sureties. motion, upon notice of five days, order judgment to be entered up against them for the amount so recovered, including costs. Notice to Register actions kept by clerk. SEC. 517. The clerk shall keep among the records of of the court a register of actions; he shall enter therein the title of the action, with brief notes under it from time to time of all papers filed and proceedings had therein. of SEC. 518. When there are three referees or three referees, &c., arbitrators, all shall meet; but two of them may do any Number who may act. Computation this act. act which might be done by all. SEC. 519. The time within which an act is to be done, as provided in this act, shall be computed by excluding the first day and including the last; if the last day be Sunday it shall be excluded. When the act to be done relates to the pleadings in the action, or the undertakings to be filed, or the justification of sureties, or of time under the service of notices other than appeal, or the preparation of statement, or of bills of exceptions, or of amendments thereto, the time allowed by this act may be extended, upon good cause shown, by the court in which the action is pending, or the judge thereof, or, in the absence of such judge from the county in which the action is pending, by the probate judge; but such extension shall not exceed thirty days beyond the time prescribed by this act, without the consent of the adverse party. When papers without title SEC. 520. An affidavit, notice, or other paper, without the title of the action or proceeding in which it is made, or with a defective title, shall be as valid and of action effectual for any purpose as if duly entitled, if it intelligibly refer to such action or proceeding. valid. SEC. 521. When a cause of action has arisen in another state or territory, or in a foreign country, and by the laws thereof an action thereon cannot be there main- Limitations of tained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this. territory except in favor of a citizen thereof, who has held the cause of action from the time that it accrued. SEC. 522. Words used in this act in the present tense shall be deemed to include the future as well as the present; words used in the singular number shall be deemed to include the plural, and the plural the singular; and words used to include the masculine gender, shall include the feminine gender; writing shall be deemed to include printing or printed paper; oath to include affirmation or declaration; signature or subscription to include mark, when the person cannot or is unable to write, his name being written near it, and witnessed by a person who writes his own name as a witness. SEC. 523. In all cases where an undertaking, by the provisions of this act, is required, it shall be the duty of the person taking the same to require the sureties to accompany the same with an affidavit that they are each worth the sum specified in the undertaking, over and above their just debts, liabilities, and property exempt by law from execution: Provided, That when the amount specified in the undertaking exceeds three thousand dollars, and there are more than two sureties thereon, they may state, in their affidavits, that they are severally worth amounts less than that expressed in the undertaking, if the whole amount be equivalent to that of two sufficient sureties. SEC. 524. Whenever property has been taken by an officer, under a writ of attachment, in pursuance of the actions that arose out of the territory. Words and terms-how used. Sureties on undertaking to make affi davit of worth |