ture it may be, shall be liable to fine in any sum not less than five dollars, nor more than ten dollars, on conviction thereof before the justice of the peace of the respective precinct: Provided, That every person actually occupied in the construction or building of a house may use for his building materials one-third part of the street or alley contiguous thereto.

§ 2678. It shall be the duty of the various justices of the peace of the different precincts in this territory, as soon as they receive this act, to cause the streets or alleys of the towns or cities within their respective precincts to be cleared, and all pens, either for cattle or sheep, excavation or any other impediment to be immediately removed by the person or persons maintaining the same; and if the person or persons keeping such obstructions refuse to remove the same, said justice of the peace shall cause said impediment or obstruction to be removed at the cost of the person maintaining the same:. Prorided, That if any justice of the peace of any precinct of this territory shall fail to comply with the duties on him imposed by this act, on conviction thereof, before the justice of the peace of the county in which such refusal was committed, he shall be fined in any sum not less than five nor more than ten dollars, for each time he may so be convicted.

§ 2679. The fines imposed by virtue of the above sections shall be paid into the school fund of the county in which the same were imposed.

PAWNBROKERS.

Pro

Interest charge' limited.

Repealed and reenacted, 1869.

§ 2680. Every person who may desire to establish a pawnbroker's shop, shall not collect more than ten per cent. a month, on the sums loaned upon articles pawned: vided, That if the article so pawned shall be redeemed before the expiration of one month from the date when it was so pawned, the owner thereof shall pay at the rate of ten per 1: Jan. 25. cent. per month only on the time the article was in pawn.

§ 2681. Any person who shall loan money at a greater rate of interest than that established by law, such contracts shall be declared illegal, and the person so offending shall be liable to indictment before the grand jury, and on conviction thereof, shall suffer the penalty inflicted by law upon those who obtain money under false pretenses.

§ 2682. The day of payment shall be continued for six months, at the expiration of which, if the pledges or jewels be not redeemed, they can be sold.

§ 2683. It shall be the duty of persons holding jewels in pawn at their establishments, to put up notices in front of their houses, or other public places, one month previous to the expiration of six months, setting forth a day on which to conclude the sale of the jewels or pawns thus pledged, and whose time has expired, to be sold at auction, to the highest bidder. It being understood that the owner of the house or houses, shall deduct his principal, interests and costs, and if there results an overplus, it shall be delivered to the owner or owners of the pledges sold.

L. 1866. chap. 26. §

Contracts illegal. when: liability.

Id. § 3.

Sales; when may be made.

C. L. 1865, chap. 83: $2; Feb. 4, 1864. Tr. Notice required.

of.

Proceeds: disposal

Id. § 3.

§ 2684. If any one or other of the owners of the pawn- notice: penalty.

Sales

without

§ 4: Feb. 4. 1864. Tr.

C. L. 1865, chap. 83, broker shops shall neglect, or for private interest, omit to put up notices as specified in the previous section, the fault being proved by any one claiming his pledges, which may have been sold by him privately, he shall be fined before any justice of the peace in the county wherein he offends, in a sum not less than five dollars, for the funds of the county.

Only one form of action.

ARTICLE I.

OF THE FORM OF CIVIL ACTIONS AND THE PARTIES THERETO.

§ 2685. SUB-SECTION 1. There shall be in this territory but one form of action for the enforcement or protection of private rights, and the redress or prevention of private wrongs, which shall be denominated a civil action, and the party thereto complaining shall be known as the plaintiff, and C. 3. L. 97, § 1; the adverse party as the defendant.

March 18.

SUB-SEC. 2. Every action shall be presented in the name of the real party in interest, except as otherwise provided in the next succeeding section.

SUB-SEC. 3. An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue in his own name without joining with him the person for whose benefit the suit is prosecuted. A trustee of an express trust, within the meaning of this section, shall be construed to include a person with whom or in whose name a contract is made for the benefit of another.

SUB-SEC. 4. All persons having an interest in the subject of the action and in obtaining the relief demanded, may be joined as plaintiffs, except as otherwise provided in this arti cle.

SUB-SEC. 5. Any person may be 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.

$2685, continued.

C. 73, L. 97, § 6.

SUB-SEC. 6. Parties who are united in interest may be joined as plaintiffs or defendants, but if the consent of any March 18. one who should be joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint.

SUB-SEC. 7. Every person who shall have a cause of action against several persons, including parties to bills of exchange and promissory notes, and who shall be entitled by law to one satisfaction therefor, may bring suit thereon jointly against all or as many of the persons liable as he may think proper, and he may, at his option, join any executor or administrator or other person liable in a representative character with others originally liable.

SUB-SEC. 8. A married woman shall sue and be sued as if she were unmarried.

ARTICLE II.

OF PROCEEDINGS BY AND AGAINST INFANTS.

SUB-SEC. 9. Suits by infants may be commenced and prosecuted, either: First, by the guardian, or; second, by a next friend.

SUB-SEC. 10. When commenced by a next friend, the court may dismiss the cause if it is not for the benefit of the infant, or substitute the guardian or any other person as next friend.

SUB-SEC. 11. Any person who acts as next friend for an infant in any suit to recover any personal property, debt or damages, shall, if required by the court, execute a bond to such infant in double the amount claimed in such suit, with such sureties as shall be approved by the court, conditioned that such next friend shall account to such infant for all money or property which may be recovered in such suit. Such bond shall be delivered to and filed in the office of the clerk of the court in which said suit is pending.

SUB-SEC. 12. The guardian or next friend of any infant who commences or prosecutes a suit shall be responsible for the costs thereof, unless such infant be permitted by the court to sue as a poor person, as provided by law. SUB-SEC. 13.

Parties united in interest.

Suit brought jointly: when.

Married women may sue.

Suit not to be prosecuted further:

After the commencement of a suit against an infant defendant, and the service of process upon him, when. the suit shall not be prosecuted any further until a guardian for such infant be appointed.

SUB-SEC. 14. Such appointment shall be made by the court in which the suit is pending, or by the judge thereof in vacation, upon the written request of the infant defendant, if of the age of fourteen years or more, or, if said infant is under the age of fourteen, on the written request of a relative or friend of the infant, or on the written consent of any competent person proposed as guardian, and such request and consent shall be filed in the office of the clerk of the court before any answers by such infant shall be filed.

SUB-SEC. 15. If such infant defendant, or a relative or friend of an infant under the age of fourteen, neglect for twenty days to procure the appointment of a guardian to de

Appointment of guardian;how made.

Court to appoint a guardian; when.

Civil actions: how commenced.

Duty of clerk.

fend the suit, the court shall appoint some competent person
to be the guardian for such infant in the defense of such suit.

SUB-SEC. 16. No person appointed guardian for an infant
for the purpose of defending a suit against such infant shall
be liable for the costs of such suit, unless especially charged
by the court for some personal misconduct in such cause.

ARTICLE III.

OF THE MANNER OF COMMENCING CIVIL ACTIONS.

SUB-SEC. 17. Civil actions in the courts of the territory are commenced by filing a complaint.

SUB-SEC. 18. The clerk must indorse on the complaint the day, month and year that it is filed, and at any time within one year thereafter the plaintiff may have a summons issued, may issue: defend but at any time within the year after the complaint is filed, the

When summons

ant may waive.

Summons, to whom

directed; signed by

defendant may, in writing or by appearing and answering or
demurring, waive the issuing of summons. If the action be
brought against two or more defendants and one of them has
been served, the other or others may be served or appear at
any time before trial.

SUB-SEC. 19. The summons must be directed to the declerk; what to con- fendant, signed by the clerk and issued under the seal of the court, and must contain:

tain.

Copy of complaint to be served; when.

First. The names of the parties to the action, the court in which it is brought, and the county in which the complaint is filed.

Second. A direction that the defendant appear and answer the complaint within twenty days after service of the summons, if defendant is served in any county in the district in which he is sued, otherwise within thirty days after service.

Third. In an action arising on contract for the recovery of money or damages only, a notice that unless the defendant so appears and answers, the plaintiff will take judgment for the sum demanded in the complaint (stating it).

Fourth. In other actions, a notice that unless defendant so appears and answers, the plaintiff will apply to the court for the relief demanded in the complaint. The name and address of the plaintiff's attorney must be indorsed on every summons, and service of answer or notice of appearance or other notices in the action must be made by the defendant on such attorney at such address.

SUB-SEC. 20. A copy of the complaint need not be served with the summons. If the defendant, within the time stated in the summons, demands in writing a copy of the complaint, specifying a place within the territory where it may be served, a copy thereof must, within twenty days thereafter, be served accordingly, and after such service the defendant has twenty days to answer, but only one copy need be served on the same attorney. When a copy of the complaint is not served with the summons, a statement of the nature of the action in general terms, shall be indorsed on the back of the summons, but such statement shall not be considered as jurisdictional.

1

SUB-SEC. 21. In the case of a defendant against whom no personal claim is made, the plaintiff may deliver to such defendant, or his attorney, a notice subscribed by the plaintiff, or his attorney, setting forth the general object of the action, a brief description of the property affected by it, if it affects specific, real or personal property, and that no personal claim is made against said defendant, in which case no copy of the complaint need be served on such defendant, unless within. the time for answering, he shall, in writing, demand the same. If a defendant on whom such notice is served, unreasonably defend the action, he shall pay costs to the plaintiff.

SUB-SEC. 22. The summons may be served by the sheriff of the county where the defendant may be found. The service shall be made and the summons returned with proof of the service to the clerk of the court issuing the summons, with all reasonable diligence.

§ 2685, continued. C. 73, L. 97, § 21;

March 18.

Notice of object

of action may

be served on defendant.

Defendant to pay

costs.

Sheriff to serve summons; where.

Summons; how sheriff to

served;

SUB-SEC. 23. The summons shall be served in the manner now provided by law for the service of process in actions at certify service. common law. When the summons is served by the sheriff it must be returned with his certificate of service, and of the service of any, copy of the complaint or notice where such copy is served, to the office of the clerk from which it is issued. When it is served by any other person it must be returned to the same place, with the affidavit of such person of its service, and of the service of a copy of the complaint or notice where such copy is served.

SUB-SEC. 24. When any plaintiff, his agent or attorney in any civil suit pending or hereafter commenced in any court of record, shall file a sworn pleading or affidavit showing that any defendant resides or has gone out of the territory, or has concealed himself within, has avoided service of process upon him, or is in any other manner so situated that process cannot be served upon him, or his or their names or places of residence are unknown, or his or their whereabouts cannot be discovered, in such case it shall be the duty of the clerk of said court to publish a notice of the pendency of the said cause in some newspaper published in the said county where the cause may be pending, and if there be no newspaper published in said county, then in some newspaper published. in the territory; said notice shall contain the names of the parties to the cause, the court in which it is pending and a statement of the general objects of the action, shall be signed by the clerk of the court, and shall show the name of the plaintiff's attorney, with his post-office or business address, and shall notify the defendant that unless he enters his appearance in said cause on or before the day named therein, judgment will be rendered in said cause against him by default. Said notice shall be signed by the clerk and shall be published for at least once a week for four consecutive weeks, the last publication of which shall be at least twenty days before the day on or before which the defendant is notified to appear. The publication of said notice shall be proved by the affidavit of such publisher, manager or agent of said newspaper, and the same shall be taken and considered as

Publication of summons; clerk to

publish.

Proof of publica

tion.