other order as the condition of the action and justice shall require.

SRC. 46. When in an action for the recovery of real or personal property, any person having an interest in the property, applies to be made a party, the court may order it to be done.

Third person made party.

party.

SEC. 47. Upon the affidavit of a defendant before Claim of third answer in an action upon contract, or for the recovery of personal property, that some third party, without collusion with him, has or makes a claim to the subject of the action, and that he is ready to pay or dispose of the same as the court may direct, the court may make an order for the safe keeping, or for the payment, or deposit in court, or delivery of the subject of the action, to such person as it may direct, and an order requiring such third party to appear in a reasonable time and maintain or relinquish his claim against the defendant. If such third party, being served with a copy of the order by the sheriff or such other person as the court may direct, fail to appear, the court may declare him party to appear. barred of all claim in reference to the subject of the action, against the defendant therein. If such third party appear,

he shall be allowed to make himself defendant in the action, in lieu of the the original defendant, who shall be discharged from all liability to either of the other parties in respect to the subject of the action, upon his compliance with the order of the court for the payment, deposit or delivery thereof,

SEC. 48. The provisions of the last section shall be applicable to an action brought against a sheriff, or other officer, for the recovery of personal property taken by him under execution, or for the proceeds of such property so taken and sold by him. And the defendant in such action shall be entitled to the benefit of those provisions against the party in whose favor the execution issued, upon exhibiting to the court the process under which he acted, with his affidavit that the property, for the recovery of which or its proceeds, the action is brought, was taken under such process.

SEC. 49. In an action against a sheriff, or other fer,

Failure of third

Action against sheriff.

for the recovery of property taken under an execution, and replevied by the plaintiff in such action, the court may, upon application of the defendant, and of the party in whose favor the execution issued, permit the latter to be substituted as the defendant, security for the cost being given.

TITLE IV.

The County in which Actions are to be Brought.

SEC. 50. Actions for the following causes must be brought in the county in which the subject of the action is situated, except as provided in section fifty-one;

First, For the recovery of real property, or of an estate or interest therein;

Second, For the partition of real property;

Third, For the sale of real property, under a mortgage, lien, or other incumbrance or charge.

or moro

SEC. 51. If the real property, the subject of the action, be an entire tract, and situated in two or more counties, or if it consists of separate tracts situated in two counties, the action may be brought in any county in which any tract or part thereof is situated, unless it be an action to recover the possession thereof; and if the property be an entire tract, situated in two or more counties, an action to recover the possession thereof may be brought in either of such counties; but if it consist of separate tracts in different counties, the possession of such tracts must be recovered by separate actions brought in the counties where they are situated.

SEC. 52. An action to compel the specific performance of a contract of sale of real estate may be brought in the county where the defendants, or any of them, reside.

SEC. 53. Actions for the following causes must be brought in the county where the cause, or some part thereof,

arose:

First, An action for the recovery of a fine, forfeiture or penalty imposed by a statute; except, when it is imposed for an offense committed on a river, or other stream of water, or road, which is the boundary of two or more counties, the

County where some part of

action may be brought in any county bordering on such river, water course or road, and opposite to the place where cause arose. the offense was committed;

Second, An action against a public officer for an act done by him in virtue or under color of his office, or for a neglect of his official duty;

Third, An action on the official bond or undertaking of a public officer.

SEC. 54. An action other than one of those mentioned in the first three sections of this title, against a corporation created by the laws of this territory, may be brought in the county in which it is situated or has its principal office or place of business, or in which any of the principal officers thereof may reside.

SEC. 55. An action against a railroad company, or an owner of a line of mail stages, or other coaches, for an injury to person or property upon the road or line, or upon a liability as a carrier, may be brought in any county through or into which the said road or line passes.

Action against corporation.

Railroad oompany, &c.

Any county where part of

SEC. 56. An action other than one of those mentioned in the first three sections of this title, against a road lies. turnpike road company, may be brought in any county in which any part of the road lies.

Non-resident.

SEC. 57. An action other than one of those mentioned in the first three sections of this title, against a non-resident of this territory or a foreign corporation, may be brought in any county in which there may be property of or debts Foreign insur owing to said defendant, or where said defendant may be found; but if defendant be a foreign insurance company, the action may be brought in any county where the cause, or some part thereof, arose.

ance company.

ant resides.

SEC. 58. Every other action must be brought in the Where defendcounty in which the defendant, or some one of the defendants resides, or may be summoned.

SEC. 59. And if any party to the action shall make affidavit, that he believes that from the bias, prejudice or partiality of the judge, he cannot get a fair and impartial trial, the court shall change the place of trial to some other

Bias e judge.

Civil action,

district; or for the convenience of parties, the judge may request the judge of some other district, to try the action in the county where the suit is pending.

TITLE V.

Commencement of a Civil Action.

SEC. 60. A civil action must be commenced by filing how commenced. in the office of the clerk of the proper court a

petition, and causing summons to be issued thereon; Provided, That after the filing of the petition any defendant in the action may appear and answer or demur, whether the summons has been issued or not, and such appearance, answer or demurrer, shall be deemed a waiver of summons.

SEC. 61. A copy of the petition need not accompany the summons, but the defendant or plaintiff shall be entitled to a copy of the petition, or any other paper filed in the action, upon application to the clerk therefor; and the costs of such copy shall be taxed among the costs in the action.

SEC. 62. The plaintiff shall also file, with the clerk of the court, a precipe, stating the names of the parties to the action, and demanding that a summons issues thereon.

-county," and it shall

SEC. 63. The summons shall be issued by the clerk, shall be under seal of the court from which the same shall issue, and shall be signed by the clerk. Its style shall be, "the territory of Wyoming,be dated the day it is issued. It shall be directed to the sheriff of the county in which the defendant resides, or may be found, and command him to notify the defendant or defendants named therein that he or they have been sued, and must answer the petition filed by the plaintiff (giving his name) at the time stated therein, or the petition will be taken as true, and judgment rendered accordingly, and when the action is for the recovery of money only, there shall be indorsed on the writ the amount to be specified in the precipe, for which, with interest, judgment will be taken if the defendant fail to answer. If defendant fail to

appear, judgment shall not be rendered for a larger amount, and the costs.

SEC. 64. When the action is rightly brought in any county, according to the provisions of title five, a summons shall be issued to any other county, against any one or more of the defendants at plaintiff's request.

Summons to any other county

SEC. 65. The summons shall be served and returned by When returned. the officer to whom it is delivered, except when issued to any other county than the one in which the action is commenced, within ten days from its date, and when issued to another county, shall be made returnable in not less than twenty nor more than sixty days from the date thereof, at the option of the party having it issued.

SEC. 66. When a writ is returned "not served," other writs may be issued, until the defendant or defendants shall be summoned; and when defendants reside in different counties, writs may be issued to such counties at the same time.

Actual Service of Summons.

"Not rved."

SEC. 67. The summons shall be served by the officer By whom served. to whom it is directed, who shall indorse on the original writ, the time and manner of service. It may also be served by any person not a party to the action, appointed by the officer to whom it is directed. The authority of such person shall be indorsed on the writ, when the writ is served by a person appointed by the officer to whom it is directed, or when the service is made out of this territory, the return shall be verified by oath or affirmation.

SEC. 68. The service shall be by delivering a copy of the summons to the defendant personally, or by leaving one at his usual place of residence, with some member of his family, or other person in his employ over the age of twelve years, to whom the contents thereof shall be expounded, at any time before the return day.

How served.

SEC. 69. In all cases the return must state the time and Return, what manner of service.

to state.

SEC. 70. The officer to whom the summons is directed, When returned.