names included in the last list which has been returned to him by the county clerk, upon slips of paper, and put them in a box; then, after being well shaken, he shall draw therefrom thirteen names, who shall be summoned as the grand jury; and those names shall be entered upon the records of the court, and the slips of paper thus drawn shall be thrown away, and those remaining in the box shall be drawn from for the next grand jury required to be impaneled, and so on, for the third and fourth grand juries, when all the names in the list shall have been exhausted.

Number of persons to compose a jury.

SEC. 130. Each grand jury shall be composed of thirteen members; and if, from any cause, the panel of the grand jury so selected shall not be full, the court shall order the sheriff to summons talesman till the panel shall be complete.

When county clerk fails to return list of names court may order jury impaneled.

SEC. 131. If from any cause, the clerk of the county shall have failed to return the list of names to the clerk of the district court, or the grand jury shall have failed to attend, it shall be lawful for the court to order a grand jury impaneled, under such directions as are just and right.

SEC. 132. The court may, in any court or vacation, make an order for the issuing and serving a venire for the grand jury, according to the foregoing provisions: To appear at the next term of the district [court], on the first day of the term, when he has a knowledge of the fact that such jury will be required. Competent jurymen.

SEC. 133. All qualified electors of the Territory of good moral character, sound judgment, and in full possession of the senses of hearing and seeing, and who have not been convicted of any infamous crime are competent jurors in their respective counties. Persons exempt from serving as jurors.

SEC. 134. The following persons are exempt from liability to act as jurors, to wit: All persons holding office under the laws of the United States or this Territory; all practicing attorneys, physicians, and clergymen; all persons disabled by bodily infirmity, or over sixty years of age.

Petit jury to be composed of twelve persons.

SEC. 135. A petit jury impaneled for the trial upon the charge of any public offence, shall consist of twelve competent jurors, accepted and sworn to try the issue; but a jury for the trial of any civil case may be composed of a less number if it is so agreed upon by the parties and entered upon the record.

Manner of mispaneling a jury.

SEC. 136. When a petit jury is required, the court shall order

on their minutes a tales for any number of jurors not exceeding twelve names returnable according to the order of the court, and to be summoned as directed by the court, out of which persons so ordered to be summoned, it shall be lawful to impanel à jury for the trial of any case in the district court.

Additional talesman may be ordered.

SEC. 137. Should the tales ordered be insufficient by reason of challenges or otherwise, to form an impartial jury, the court may from time to time make such further order for talesmen until a full jury shall be obtained.

Proceeding when petit jury is required.

SEC. 138. If the court during any term or vacation, shall be satisfied that a petit jury will be required at the next term of the court, he shall order a venire issued, returnable under his directions, which shall be entered upon the record by the clerk. Court may direct the manner of making up jury list.

SEC. 139. If in the discretion of the clerk and the court, it is expedient and just to form a petit jury in a more guarded and particular manner, the court shall make an order in writing directing the manner for the making up of said jury list and the summoning of the same, which order and all the proceedings connected therewith shall be entered upon the record of the court.

CHAPTER XXII.

PARTIES TO ACTIONS.

Plaintiff and defendant.

SEC. 140. The party seeking to obtain or enforce a contract by any proceeding, is, so far as that proceeding is concerned the plaintiff, the other party the defendant.

Prosecution of civil actions.

SEC. 141. Civil actions must be prosecuted in the name of the real parties in interest, except in the cases of trustees or other persons legally authorized to sue for another.

Joining of interests.

SEC. 142. When not otherwise provided, all persons interested in obtaining the relief sought, may be joined as plaintiffs, those having adverse interests as defendants.

United interest in action.

SEC. 143. Persons having an united interest, must be joined on the same side, either as plaintiffs or defendants; but when some who should be made plaintiffs, refuse to join, they may be made defendants, the reason thereof being set forth in the petition. Cases of general interests to several persons.

SEC. 144. When the question is one of common or a general interest to many persons, or when the parties are very numerous, and it is impracticable to bring them all before the court, one or

more may sue or defend for the benefit of the whole. Liability of makers and endorsers of notes.

SEC. 145. Persons jointly and severally liable on the same instrument, including the makers and endorsers of negotiable paper and sureties may all, or any part of them be joined in the same

action.

Bringing in other parties.

SEC. 146. If a complete determination of the controversy cannot be had, without joining other parties, they may be brought in by amendment of the petition by a supplemental petition and

summons.

Who may defend certain actions.

SEC. 147. In actions for the recovery of property, any person not a party thereto, on showing himself interested in the subject matter of the suit may be allowed to appear and defend therein. Substitution of other persons as defendants.

SEC. 148. At any time before answering, the defendant may obtain the substitution of any person in his place, who is not already a party to the suit, who claims the subject matter of the suit, (the money or property.)

How substituted; Original defendant to be discharged.

SEC. 149. For this purpose he must file his affidavit, stating the facts upon which he founds his application, and denying all collusion with the person whom he seeks to substitute as defendant. If in answer to a rule against the plaintiff, sufficient cause be shown, the court shall make the order of substitution and discharge the original defendant from all liability to either party.

Wife may defend.

SEC. 150. If husband and wife are sued together, the wife may defend her own, or that of her husband also.

Minors must sue or defend by their guardians.

SEC. 151. Minors may sue by their guardian who shall be responsible for the cost of suit. They may also defend by guardian. Those who have no guardian sue by their next friend.

SEC. 152. Those who have no guardian may sue by their next friend, who shall be responsible for costs. The court may appoint a guardian ad litem to defend for a minor who has no other guardian.

Suits against partners.

SEC. 153. Partners may sue or be sued in their proper or partnership name. Their individual property shall be liable to any judgment against them unless sufficient cause be shown to the contrary.

Suit founded on written instrument.

SEC. 154. When an action is founded on a written instrument, suit may be brought by or against any of the parties thereto by the

same name and description as those of which they are designated in such instrument.

Suit on bond given to Territory or county.

SEC. 155. When a bond or other instrument given to the Territory or county or to any officer or persons, is intended for the security of the public generally or of a particular individual, suit may be brought thereon in the name of any person intended to be thus secured who has sustained any injury in consequence of a breach thereof.

How defendant may be described.

SEC. 156. When the precise name of any defendant cannot be ascertained he may be described as accurately as practicable, and when the name is ascertained it shall be substituted in the further proceedings in the case.

Corporations.

SEC. 157. Corporation foreign or domestic, may bring suits in this Territory in their corporate name.

Unmarried woman.

SEC. 158.

An unmarried woman may prosecute an action for her own seduction, and recover such damages as may be awarded in her favor.

Seduction of minor daughter or ward.

SEC. 159. The father, mother or guardian, as the case may be, may also bring suit for the seduction of a minor daughter or ward, though such daughter or ward be not living with, nor in the service of, the plaintiff, and though there be no loss of service; but where the action is brought by the guardian, the damages recovered shall inure to the sole benefit of the ward.

Settling adverse claims.

SEC. 160. An action may be brought by one person against another, for the purpose of settling an adverse claim, which the latter makes against the former, to be regulated by such rules as the court may prescribe.

CHAPTER XXIII.

THE PLACE OF BEGINNING SUIT.

Where action may be commenced.

SEC. 161. Except where otherwise provided, actions may be brought in a county where some of the defendants actually reside; but if none of them have any residence within this Territory, they may be sued in any county wherein either of them may be found. Where suit brought in the wrong county.

SEC. 162. If a suit be brought in a wrong county, it may be there prosecuted to a termination, unless the defendant demand a change of venue to the proper county.

Change of venue. SEC. 163. In case of such change of venue the court shall order the same, at the cost of the plaintiff, and may award the defendant a reasonable compensation for his trouble and expenses in attending at the wrong county.

Attachment of property.

SEC. 164. In cases of attachment of property when the defendant is not served, or in cases where the suit is brought to obtain possession of personal property, or to enforce a lien or mortgage, or when it relates to land property it may be brought in any county where the property or any portion of it lies, or where any part of the personal property may be found.

Breach of contract.

SEC. 165. When, by its terms, a contract is to be performed in any particular place suit for a breach thereof may be brought in the county wherein such place is situated.

Where a suit may be brought against a corporation.

SEC. 166. When a corporation, company, or an individual has an office or agency in any county, for the transaction of business, any suits growing out of, or connected with, the business of that office or agency, may be brought in the county where such office or agency is located, as though the principal resided therein; and service on any agent or clerk employed in such office or agency shall be sufficient service upon the principal.

Service.

CHAPTER XXIV.

THE MANNER OF COMMENCING ACTIONS.

SEC. 167. Actions originating in the district court, are to be commenced by serving the defendant with the notice hereinafter described.

Form of summons.

SEC. 168. Such notice is to be known as the original notice, and must inform the defendant of the name of the plaintiff; that on or before a certain day, therein named, a petition will be filed in the office of the clerk of the district court of county,

claiming of him (here state briefly the substance of the remedy sought) and that, unless he appears and pleads thereto, by (stating the time when, by law or by the rules of the court, he is required to plead) default will be entered against him and judgment rendered thereon.

Filing of petition.

SEC. 169. If the petition is not filed by the time thus fixed, or if not filed six days before the first day of the next term, the action will be deemed discontinued, unless good cause be shown for the failure.