who shall die under such disability; but such action shall not be commenced, or entry or defense made, after that period.

The periods prescribed for the commencement of actions other than for real property, are as follows:

Within Six Years:

1. An action upon a judgment or decree of any Court of the United States, or of any State or Territory within the United States.

2. An action for mesne profits of real property.

Within Five Years:

An action upon any contract, obligation, or liability, founded upon an instrument in writing.

Within Four Years:

An action upon a contract, obligation, or liability not founded upon an instrument of writing.

Within Three Years:

1. An action upon a liability created by statute, other than a penalty or forfeiture.

2. An action for trespass upon real property.

3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.

4. An action for relief on the ground of fraud or mistake. The cause of action in such case is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.

Within Two Years:

1. An action against a Sheriff, Coroner, or Constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution.

2. An action upon a statute for a penalty or forfeiture, where the action is given to an individual, or to an individual and the Territory, except where the statute imposing it prescribes a different limitation.

3. An action upon a statute, or upon an undertaking in a criminal action for a forfeiture or penalty to a county or the people of the Territory.

4. An action to recover damages for the death of one caused by the wrongful act of another.

5. An action for libel, slander, assault, battery, false imprisonment, or seduction.

6. An action against a Sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

Within One Year:

An action against an officer or officer defacto:

1. To recover any goods, wares, merchandise, or any other property seized by any such officer in his official capacity as tax collector, or to recover the price or value of any goods, wares, merchandise, or any other personal property so seized, or for damages for the seizure, detention, sale of, or injury to, any goods, wares, merchandise, or other personal property seized, or for damages done to any person or property in making any such seizure.

2. For money paid to any such officer under protest, or seized by such officer in his official capacity as a collector of taxes, and which, it is claimed, ought to be refunded.

Within Six Months.

Actions on claims against a County, which have been rejected by the Board of Commissioners, must be commenced within six months after the first rejection thereof by such Board.

In an action brought to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action is

deemed to have accrued from the time of the last item proved in the account on either side.

To actions brought to recover money or other property deposited with any bank, banker, trust company, or savings and loan society, no limitation begins to run until after an authorized demand.

An action for relief not herein before provided for, must be commenced within four years after the cause of action shall have accrued.

General Provisions.

An action is commenced within the meaning of the title, when the complaint is filed.

If, when the cause of action accrues against a person, he is out of the Territory, the action may be commenced within the term herein limited, after his return to the Territory; and if, after the cause of action accrues, he departs from the Territory, the time of his absence is not part of the time limited for the commencement of the action.

If a person entitled to bring an action be, at the time the cause of action accrues, either within the age of majority, insane, imprisoned on a criminal charge, or in execution under the sentence of a Criminal Court for a term less than for life, or a married woman, and her husband be a necessary party with her in commencing such action, the time of such disability is not a part of the time limited.

If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time, and within six months from his death. If a person, against whom an action may be brought, die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced against his representatives after the expiration of that time, and within one year after the issuing of letters testamentary or of administration.

When a person is an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of the action.

When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.

When a cause of action has arisen in another State, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained 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 one who has been a citizen of this Territory, and who has held the cause of action from the time it accrued.

No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of the statute, unless the same is contained in some writing, signed by the party to be charged thereby.

CHAPTER III.

PARTIES TO CIVIL ACTIONS.

Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in the Code. In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defence existing at the time of, or before notice of the assignment; but this does not apply to a negotiable instrument, transferred in good faith and upon good consideration, before maturity. An executor or administrator, or trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the persons for whose benefit the action is prosecuted. When a married woman is a party, her husband must be joined with her, except:

1. When the action concerns her separate property, or her right or claim to the homestead property, she may sue alone. 2. When the action is between herself and her husband, may sue or be sued alone.

she

3. When she is living separate and apart from her husband, by reason of his desertion of her, or by agreement in writing entered into between them, she may sue or be sued alone.

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 instruments, may all or any of them be included in the same action, at the option of the plaintiff.

All persons holding as tenants in common, joint tenants, or co-parceners, or any number less than all, may jointly or severally commence or defend any civil action or proceeding for the enforcement or protection of the rights of such party.

CHAPTER IV.

PLACE OF TRIAL OF CIVIL ACTIONS.

Actions for the following causes must 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 the code:

1. For the recovery of real property, or of an estate, or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property.

2. For the partition of real property.

3. For the foreclosure of all liens and mortgages on real property.

Where the real property is situated partly in one county and partly in another, the plaintiff may select either of the counties, and the county so selected is the proper county for the trial of such action.