Three years. Civil actions, one years, a married woman, insane or imprisoned, every such person may, after the expiration of twenty-one years from the time his or her right or title first descended or accrued, bring such action within ten years after such disability is removed, and at no time thereafter. SEC. 17. An action for the forcible entry and detainer or forcible and unlawful detention only of real property, can only be brought within three years after the cause of such action shall have accrued. Actions other than for the Recovery of Real Property. SEC. 18. Civil actions, other than for the recovery of when brought real property, can only be brought within the following periods, after the cause of action shall have accrued: Five years. Four years. Ditto. Ditto. Ten years. SEC. 19. Within five years; an action upon a specialty, or any agreement, contract or promise in writing or on a foreign judgment. SEC. 20. Within four years: An action upon a contract not in writing, expressed or implied; an action upon a liability created by statute, other than a forfeiture or penalty. SEC. 21. Within four years: An action for trespass upon real property; an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of the plaintiff not arising on contract and not hereinafter enumerated; an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud. SEC. 22. Within four years: Actions brought for damages growing out of the failure or want of consideration of contracts expressed or implied, or for the recovery of money paid upon contracts expressed or implied, the consideration of which has wholly or in part failed. SEC. 23. Within ten years: An action upon the official bond or undertaking of an executor, administrator, guardian, sheriff or other officer; or upon the bond or undertaking given in attachment, injunction or any case whatever required by statute. SEC. 24. Within one year: An action for libel, slander, one year. assault and battery, malicious prosecution or false imprisonment; an action upon a statute for a penalty or forfeiture; but where the statute giving such action prescribes a different limitation, the action may be brought within the period so limited. SEC. 25. An action for relief of any character not herein provided for, can only be brought within four years after the cause of action shall have accrued. For relief Persons enti tled to bring SEC. 26. If a person entitled to bring any action mentioned in this title, other than for the recovery of real action. property, and except for a penalty or forfeiture, be at the time the cause of action accrued, within the age of twentyone years, a married woman insane or imprisoned, every such person shall be entitled to bring such action within the respective times limited by this title after such disability shall be removed. The absence from the territory, death, or other disability of a non-resident, save the cases mentioned in this section, shall not operate to extend the period within which actions in rem may be commenced by and against such non-resident, or his representatives. SEC. 27. An action shall be deemed commenced within. the meaning of this title, as to the defendant at the date of the summons which is served on him; where service by publication is proper, the action shall be deemed commenced at the date of the first publication, which publication shall be regularly made. SEC. 28. If, when a cause of action accrues against a person, he be out of the territory, or shall have absconded or concealed himself, the period limited for the commencement of the action shall not begin to run until he comes into the territory, or while he is absconded or concealed; and if, after the cause of action accrues, he depart from the territory, or abscond or conceal himself, the time of such. absence or concealment shall not be computed as any part of the period within which the action must be brought. SEC. 29. When a cause of action has been fully barred by the laws of any state, territory or country where the Deemed com. menced. When out of territory. When barred. Founded on contract. How proecousod. Who maintain. In case of asrigumont, Action, who may bring. When married woman is party. defendant has previously resided, such bar shall be the same defense in this territory as though it had arisen under the provisions of this title. SEC. 30. In an action founded on contract, when any part of the principal or interest shall have leen paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same, shall have been made in writing, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise. TITLE III. Parties to Civil Action. SEC. 31. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section thirty-four. SEC. 32. The assignee of a thing in action may maintain an action thereon in his own name and behalf, without the name of the assignor. SEC. 33. In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any set-off or other defense, existing at the time of, or before notice of assignment; but this section shall not apply to a negotiable promissory note, or bill of exchange transferred in good faith, and upon good consideration, before due. SEC. 34. An executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action, without joining with him the person for whose benefit it is prosecuted; officers may sue and be sued in such name as is authorized by law, and officers' bonds may be sued upon in the same way. SEC. 35. When a married woman is a party, husband shall be joined with her, except that; her First, When the action concerns her separate property, she may sue alone; Second, When the action is between herself and her husband, she may sue or be sued alone. SEC. 36. If a husband and wife be sued together, the wife may defend for her own right; and if the husband neglect to defend, she may defend for his right also. Ineband and wife together. SEC. 37. When an infant is a party, he shall appear Infact. by guardian, who may be appointed by the court in which the action is prosecuted or by a judge thereof. Guardian ap SEC. 38. The guardian shall be appointed as follows: First, When the plaintiff is an infant, upon the ointed. application of the plaintiff, if he be of the age of fourteen years, or if under that age, upon the application of a relative or friend of the infant. Second, When the infant is defendant upon the application of the infant, if he be of the age of fourteen years, and apply within ten days after the service of the summons; if he be under the age of fourteen, or neglect so to apply, then upon the application of any other party to the action, or of a relative or friend of the infant. SEC. 39. A father, or in case of his death, or desertion of his family, the mother may maintain an action for the injury or death of a child; and a guardiau for the injury or death of his ward. Injury to child. plaintiffs. SEC. 40. All persons having an interest in the subject Who joined as of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except when otherwise provided in this title. Any person SEC. 41. Any person may be made a defendant who has or claims an interest in the controversy adverse to the defendant, plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein. joined. SEC. 42. Of the parties to the action, those who are All parties united in interest shall be joined as plaintiffs or defendants; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the petition; and when the question is one of a common or general interest of many persons, or when the parties are numerous, and it is imprac ticable to bring them all before the court, one or more may sue or defend for the benefit of all. Tenants in common, joint tenants or co-partners, or any number less than all, may jointly or severally bring or defend, or continue the prosecution or defense of any action for the enforcement of the rights of such person or persons. SEC. 43. 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. SEC. 44. An action shall not abate by death or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue. In case of death or disability of a party, the court, on motion, may After SEC. 45. The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court shall order them to be brought in, and thereupon the party directed by the court shall serve a copy of the summons in the action, and the order aforesaid in like manner of service of the original summons, upon each of the parties ordered to be brought in, who shall have two days, or such time as the court may order, after service, in which to appear and plead ; and in case such party fail to appear and plead within the time aforesaid, the court may cause his default to be entered, and proceed as in other cases of default, or may make such |