Actions for the following causes must be tried in the county where the cause or some part thereof arose :

1. 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 stream, and opposite to the place where the offense was committed.

2. 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, does anything touching the duties of such officer.

An action against a county may be commenced and tried in such county, unless such action is brought by a county, in which case it may be commenced and tried in any county not a party thereto.

All other actions must be tried in the county in which the defendants, or some of them, reside at the commencement of the action; or if none of the defendants reside in the Territory, or if residing in this Territory, the county in which they reside is unknown to the plaintiff, the same may be tried in any county which the plaintiff may designate in his complaint; and if the defendant is about to depart from the Territory, such action may be tried in any county where either of the parties reside, or where service is had.

If the county in which the action is commenced is not the proper county for the trial thereof, the action may, notwithstanding, be tried therein, unless the defendant, at the time he appears and answers or demurs, files an affidavit of merits, and demands in writing that the trial be had in the proper county.

The place of trial may be changed in the following cases: 1. When the county designated in the complaint is not the proper county.

2. When there is reason to believe that an impartial trial

cannot be had therein.

3. When the conveyance of witnesses and the ends of justice would be promoted by the change.

4. When from any cause the Judge is disqualified for acting.

Of proceedings in civil actions in Probate Courts.

The process, provisional remedies, supplementary proceedings, and the rules of practice and pleading in the Probate Court, when the debt or sum claimed does not exceed three hundred dollars, shall be the same as Justices' Courts; in all other cases within its civil jurisdiction, the same as in the District Courts, except when other provision is made by the code, jurisdiction of the Probate Court extends throughout the county.

Place of trial in Justices' Courts.

Actions in Justices' Courts must be commenced, and subject to the right of changing the place of trial (as in this chapter provided) must be tried:

1. If there is no Justice's Court for the precinct or city in which the defendant resides: in any city or precinct of the county in which he resides.

2. When two or more persons are jointly, or jointly and severally bound in any debt or contract, or otherwise jointly liable in the same action, and reside in different precincts, or different cities of the same county, or in different counties: in the precinct or city in which any of the persons liable may reside.

3. In cases of injury to person or property; in the precinct or city where the injury was committed, or where the defendant resides.

4. If for the recovery of personal property, or the value thereof, or damages for taking or detaining the same: in the precinct or city in which the property may be found, or in which the property was taken, or in which the defendant resides.

5. When the defendant is a non-resident of the county: in any precinct or city wherein he may be found.

6. When the defendant is a non-resident of the Territory: in any precinct or city in the Territory.

7. When a person has contracted to perform an obligation at a particular place and resides in another county, precinct or city: in the precinct or city in which such obligation is to be performed or in which he resides.

8. When the parties voluntarily appear and plead without summons: in any precinct or city in the Territory.

9. In all other cases: in the precinct or city in which the defendant resides.

The Court may at any time before the trial, on motion, change the place of trial in the following cases:

1.

When it appears to the satisfaction of the Justice before whom the action is pending, by affidavit of either party, that such Justice is a material witness for either party.

2. When either party inakes and files an affidavit that he believes that he cannot have a fair and impartial trial before such Justice by reason of the interest, prejudice or bias of the Justice.

3. When, from any cause, the Justice is disqualified from acting.

CHAPTER V.

COMMENCEMENT OF CIVIL ACTIONS, ETC.

Civil actions in the Courts of this Territory are commenced by filing a complaint.

The plaintiff may have summons issued any time within one year after the complaint is filed with the Clerk or Justice.

In the District Courts the defendant is allowed ten days after the service of summons and complaint to appear and answer the complaint, where service is made within the county in which the action is brought; twenty days if served out of the county, but in the district in which the action is brought, and forty days if served elsewhere.

In the District Courts the summons and copy of complaint may be served by the Sheriff of the county where defendant may be found, or by any other person over the age of eighteen, not a party to the action.

In Justices' Courts summons for appearance is as follows: 1. If an order of arrest is endorsed upon the summons forthwith.

2. In all other cases, not less than three nor more than twenty days from date.

On Whom Summons to be Served.

1. If the suit is against a corporation formed under the laws of this Territory: the president or other head of the corporation, secretary, cashier, or managing agent thereof.

2. If a suit is against a foreign corporation, or a nonresident joint stock company or association, doing business and having a managing or business agent, cashier or secretary within this Territory, to such agent, cashier or secretary, or to any station, ticket, or other agent of such corporation, transacting business therefor in the county where the action is commenced, and if there is no such agent in said county, then service may be had upon any such agent in any other county.

3. If against a minor under the age of fourteen years, residing within this Territory: such minor personally, and also his father, mother, or guardian; or if there be none within this Territory, then any person having the care or control of such minor, or with whom he resides, or in whose service he is employed.

4. If against a person, residing within this Territory, who has been judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed: such person, and also his guardian.

5. If against a county, city or town: the president of the Board of Supervisors, president of the council, or trustees, or other head of the legislative department thereof.

6. In all other cases the defendant must be served personally.

Service by Publication.

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 service, or is a foreign corporation having no managing or business agent, cashier, or secretary within the Territory, and the fact appears by affidavit to the satisfaction of the Court, or a Judge thereof, or a Probate Judge, and it also appears by such affidavit, or by the verified complaint on file, 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 make an order that the service be made by the publication of the summons.

In Justice Court actions the summons cannot be served out of the county of the Justice before whom the action is brought, except when the action is brought upon a joint contract or obligation of two or more persons who reside in different counties, and the summons has been served upon the defendant resident of the county, in which case the summons may be served upon the other defendants out of the county; and except also when an action is brought against a party who has contracted to perform an obligation at a particular place, and resides in a different county, in which case summons may be served in the county where he resides; and except also, where an action is brought for injury to person or property, and the defendant resides in a different county, in which case summons may be served in the county where the defendant resides.

The Justice may, within a year from the date of filing the complaint, issue as many alias summons as may be demanded by the plaintiff.

The summons in a Justice's Court action may be served by a Sheriff or Constable of any of the counties of this Territory, or by any male resident over the age of twenty-one years, not a party to the suit, and within the county where the action is brought, or it may be served by publication. When a summons is issued by a Justice of the Peace for service out of the