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CHAPTER II.

TERMS OF COURTS, WHEN AND WHERE HELD.

The Territory is divided into three judicial Districts: Laramie, Converse and Crook Counties compose the first; Albany, Sheridan and Johnson the second; Uinta, Sweetwater, Fremont and Carbon the third. Terms of Court are held in each, as follows:

At Cheyenne, commencing on the fourth Monday of May and second Monday of November of each year. Crook, first Tuesday of August.

At Laramie, commencing on the second of March and October of each year.

At Buffalo, Johnson County, fourth Monday of June, second Monday of December.

At Rawlins, commencing on the second Monday of May and second Monday of October of each year.

At Green River, on the fourth Monday of April and September of each year.

At Evanstown commencing on the first Monday of April and September of each year.

At Lander, first Monday of July. In Converse and Sheridan Counties no regular terms are provided for at present. Supreme Court meets annually on the first Monday of January.

CHAPTER III.

COMMENCEMENT OF ACTIONS, TIME TO
ANSWER, PLACE OF TRIAL.

Actions are commenced by filing in the office of the Clerk of the proper Court a petition, and causing a summons thereon to be issued. The summons is returnable on the second Mon

day after the day of its date, and the answer or demurrer of the defendant shall be filed on or before the third Saturday after the return day of the summons.

Civil actions must be tried in the county in which they are. commenced, unless upon application for a change of venue, based upon sufficient reasons, the Court orders the place of trial to be changed; and in such case the Court must send the cause to the most convenient county.

CHAPTER IV.

LIMITATION OF ACTIONS.

Actions for the recovery of real property can only be brought within ten years after the cause of action shall have accrued, except actions of forcible entry and detainer, or forcible and unlawful detention, only of real property, which must be commenced within two years after the cause of action shall have accrued.

An action upon a specialty, or any agreement, contract or promise in writing, or on a foreign judgment, must be brought within five years. And actions upon contract not in writing, express or implied, or upon a liability created by statute, other than a forfeiture or penalty, must be brought within four years after the cause of action shall have accrued.

Causes of action arising out of the Territory against a nonresident are barred two years after the debtor becomes a resident.

Within Four Years:

Actions for trespass upon real property; for taking, detaining or injuring personal property; for injury to rights of plaintiff not arising on contract, and not hereinafter enumerated; and actions for relief on ground of fraud, after discovery of the fraud.

Within One Year:

Actions for libel, slander, assault and battery, malicious prosecution or false imprisonment; actions for penalty or forfeiture.

Within Ten Years:

Actions upon official bond or undertaking of an executor or guardian, Sheriff or other officer, or upon an attachment, injunction bond, or upon bond given in arrest, or any case whatever required by statute.

CHAPTER V.

ATTACHMENTS.

The creditor in a civil action for the recovery of money may, at or after the commencement thereof, by filing the necessary affidavit, have an attachment against the property of the debtor, and upon the grounds herein stated:

1. When the debtor, or one of several debtors, is a foreign corporation, or a non-resident of this Territory, or about to become a non-resident.

2. Has absconded with the intent to defraud his creditors. 3. Has left the county of his residence to avoid the service of a summons.

4. So conceals himself that a summons cannot be served upon him.

5. Is about to remove his property or a part thereof, out of the jurisdiction of the Court, with the intent to defraud his creditors.

6. Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors.

7. Has property or rights in action which he conceals.

8. Has assigned, removed or disposed of, or is about to dispose of his property, or a part thereof, with the intent to defraud his creditors.

Chap. 5]

WYOMING.

UNIVERSITY

OF CALIGANIA

255

9. Fraudulently or criminally contracted the debt or incurred the obligation for which suit is about to be or has been brought.

In all cases the writ will not be isssed by the Clerk of the Court until there has been executed aud filed in his office an undertaking with sureties approved by him, in double the amount of plaintiff's claim, to the effect that plaintiff shall pay all damages which defendant may sustain by reason of the attachment, if the writ be wrongfully obtained.

CHAPTER VI.

ARREST IN CIVIL ACTIONS.

A defendant in a civil action can be arrested before judgment in the following manner (but this provision does not apply to proceedings for contempt, nor to actions prosecuted, or judgments obtained in the name of the Territory of Wyoming, to recover fines or penalties):

An order of arrest is made by the Clerk of Court when there is filed in his office an affidavit of the plaintiff, his authorized agent or attorney, made before any Judge or Clerk of any Court of the Territory, or a Justice of the Peace, stating the nature of the plaintiff's claim, that it is just, and the amount thereof, as nearly as may be, and establishing one or more of the following particulars:

1. That the defendant has removed, or begun to remove, any of his property out of the jurisdiction of the Court, with intent to defraud his creditors.

2. That he has begun to convert his property, or a part thereof, into money for the purpose of placing it beyond the reach of his creditors.

3. That he has property, or rights of action, which he fraudulently conceals.

4. That he has assigned, removed or disposed of his property, or a part thereof, with intent to defraud his creditors.

5. That he fraudulently contracted the debt, or incurred the obligation, for which suit is about to be or has been brought.

6. That the money, or other valuable thing, for which a recovery is sought in the action, was lost by playing any game or by means of a bet or wager. The affidavit must contain a statement of the facts claimed to justify the belief in the existence of one or more of such particulars.

Before the order of arrest is issued there must be executed, by sufficient sureties of the plaintiff, a written undertaking to the effect that the plaintiff shall pay to the defendant all damages, not exceeding double the amount of plaintiff's claim stated in the affidavit, which he may sustain by reason of the arrest, if the order prove to have been wrongfully obtained.

Bail may be given by the defendant on his arrest, or at any time afterward, before judgment. It shall be done by causing sufficient bail to execute a written undertaking to the plaintiff, in the presence of the sheriff, to the effect, if judgment be rendered in the action against the defendant he will render himself amenable to the process of the Court thereon. Bail may be objected to for insufficiency at any time within ten days by serving upon the sheriff a written notice to that effect.

After judgment an execution against the person of the debtor may be issued upon any judgment for the payment of

money.

1. Where the debtor has removed or begun to remove any of his property out of the jurisdiction of the Court, with intent. to prevent the collection of the money due on the judgment.

2. When he has property or rights in action, evidence of debt, or interest or stock in a corporation or company, which he fraudulently conceals with like intent.

3. When he has assigned or disposed of all or part of his property, or rights in action, or has converted the same into money with intent to defraud his creditors, or with intent to prevent such property from being taken in execution.

4. When he fraudulently contracted the debt upon which judgment is rendered.

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