on the complaint, as security for costs. He shall be bound for the payment of all costs, which may be adjudged against the plaintiff in the court in which the action is brought, or any other to which it may be carried, and for costs of the plaintiff's witnesses, whether the plaintiff obtain judgment

or not.

SEC. 608. An action in which security for costs is required by the last section, and has not been given, shall be dismissed on motion and notice by the defendant at any proper time before judgment, unless, in a ressonable time to be allowed by the court, such security for costs be given.

Dism'asal

SEC. 609. If the plaintiff in an action, after its commencement, become a non-resident of the county in which it st is brought, he shall give security for costs in the manner and under the restrictions provided in the two preceding sections.

SEC. 610. In an action in which security for costs has been given, the defendant may, at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff; and if, on such motion, the court be satisfied that the security has removed from this territory, or is not sufficient, the action may be dismissed, unless, in a reasonable time, to be fixed by the court, sufficient security be given by the plaintiff.

SEC. 611. After final judgment has been rendered in an action in which security for costs has been given as required by this title, the court, on motion of the defendant, or any other person having a right to such costs, or any part thereof, after ten days notice of such motion, may enter up judgment in the name of the defendant, or his legal representatives, against the surety for costs, his executors or administrators, for the amount of the costs adjudged against the plaintiff, or so much thereof as may be unpaid. Execution may be issued on such judgment, as in other cases, for the use and benefit of the persons entitled to such costs.

SEC. 612. If any informer, under a penal statuts, to whom the penalty, or any part thereof, if recovered, is given, shall dismiss his suit or prosecution, or fail in the same, he shall pay all costs accruing on such suit or prosecution,

Eeenrity for

Additional 80

sarity.

Judgment.

Execution..

Informer.

unless he be an officer whose duty it is to commence the

same.

SEC. 613. When defendants disclaim having any title or interest, or land or other property, the subject matter of the action, they shall recover their costs, unless for special reasons the court decide otherwise.

SEC. 614. Unless otherwise provided by statute, the costs of motions, continuances, amendments and the like, shall be taxed and paid as the court in its discretion may direct.

SEC. 615. Where it is not otherwise provided by this and other statutes, costs shall be allowed of course to the plaintiff, upon a judgment in his favor, in actions for the recovery of money only, or for the recovery of specific real or personal property.

SEC. 616. If it shall appear that a justice of the peace has jurisdiction of an action, and the same has been brought in any other court, the plaintiff shall not recover costs; and in all actions for libel, slander, malicious prosecution, assault and battery, false imprisonment, criminal conversation, seduction, actions for nuisance, or against a justice of the peace for misconduct in office, if the damages assessed be under five dollars, the plaintiff shall not recover any costs.

SEC. 617. Costs shall be allowed of course to any defendant upon a judgment in his favor in the actions mentioned in the last two sections.

SEC. 618. In other actions the court may award and tax costs, and apportion the same between the parties on the same or adverse sides, as in its discretion it may think right and equitable.

SEC. 619. When several actions are brought on one bill of exchange, promissory note or other obligation or instrument in writing, against several parties who might have been joined as defendants in the same action, as allowed by section forty-three of this code, no costs shall be recovered by the plaintiff in more than one of such actions, if the parties proceeded against in the other actions were at

the commencement of the previous action, openly within the territory.

SEC. 620. When a summons is issued to another county than that in which the action or proceeding is pending, it may be returned by mail, and the sheriff shall be entitled to the same fees as if the summons had issued in the county of which he is sheriff.

TITLE XXVI.

Actions Concerning Real Property.

SEC. 621. An action may be brought by any person in possession, by himself or tenant, of real property, against any person who claims an estate, or interest therein, adverse to him, for the purpose of determining such adverse estate, or interest.

Sammons returned by mail.

Real actions.

estate.

Suc. €22. In an action for the recovery of real Equitablo property, it shall be sufficient if the plaintiff state, in his petition that he has a legal or equitable estate therein, and is entitled to the possession thereof, describing the same, as required by section one hundred and thirty-six, and that the defendant unlawfully keeps him out of the possession. It shall not be necessary to state how the plaintiff's estate or ownership is derived.

admitted.

SEC. 623. It shall be sufficient, in such action, if the Pessions defendant, in his answer, deny generally, the title alleged in the petition, or that he withholds the possession, as the case may be; but if he deny the title of the plaintiff, possession by the defendant shall be taken as admitted. Where he does not defend for the whole premises, the answer shall describe the particular part for which defense is made.

Tenant in com

mon.

SEC. 624. In an action by a tenant in common of real property, against a co-tenant, the plaintiff must, in addition to what is required in section six hundred and twenty-two, state in his petition that the defendant either denied the plaintiff's right, or did some act amounting to such denial. SEC. 625. In an action for the recovery of real Lipendons. property, where the plaintiff shows a right to recover at the

time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plaintiff may recover forthwith, holding the property.

SEC. 626. The parties in an action for the recovery of property, may avail themselves, if entitled thereto, of the relief of the statutes in force for the relief of occupying claimants of land.

Sec. 627. If a guardian, tenant for life or years, joint tenant, or tenant in common, of real property, commit waste thereon, he is liable to pay three times the damages which have resulted from such waste, to the person who is cntitled to sue therefor.

SEC. 628. Judgment of forfeiture and conviction may be rendered against the defendant, whenever the amount of damages, so recovered, is more than two-thirds the value of the interest such defendant has in the property wasted, and when the action is brought by the person entitled to the

reversion.

SEC. €29. Any person whose duty it is to prevent waste, and who has not used reasonable care and diligence to prevent it, is deemed to have committed it.

SEC. 630. For wilful trespass, injuring any timber, tree or shrub on the land of another, or in the street or highway in front of another's cultivated ground, yard or town lot, or on the public grounds of any town, or any land held by this territory for any purpose whatever, the trespasser shall pay treble damages, at the suit of any person entitled to protect or enjoy the property aforesaid.

SEC. 631. Nothing herein contained authorizes the recovery of more than the just value of the timber taken from any uncultivated wood land for the repair of a public highway or bridge in its immediate neighborhood.

SEC. 632. The owner of an estate in remainder or reversion, may maintain either of the aforesaid actions for injuries done to the inheritance, notwithstanding any intervening estate for life or years.

SEC. 633. An heir, whether a minor or of full age, may

maintain these actions for injuries done in the time of his ancestors as well as in his own time, unless barred by the statutes of limitations.

SEc. 634. Where lands or tenements are sold by virtue of an execution, the purchaser at such sale inay maintain his action against any person, for either of the causes above mentioned, occurring or existing after his purchase.

Fu.chasor ender execution.

and repairs.

SEC. 635. This provision is not intended to prevent the abandry person who occupies the lands, in the meantime, from using them in the ordinary course of husbandry, or from using timber for the purpose of making suitable repairs thereon.

SEC. 636. But if, for this purpose, he employ timber vastly superior to that required for the occason, he will be deemed to have committed waste, and will be liable accordingly.

Occupying Claimants.

Liability.

claimants.

SEC. 637. In all cases, any occupying claimants, being tog in quiet possession of any lands or tenements for which such person can show a plain and connected title, in law or equity, derived from the records of some public office; or being in quiet possession of, and holding the same by deed, devise, descent, contract, bond or agreement, from and under any person claiming title, as aforesaid, derived from the records of some public office, or by deed duly authenticated and recorded; or being in quiet possession and holding the same under sale on execution or order of sale, against any person claiming title as aforesaid, derived from the records of some public office, or by deed duly authenticated and recorded; or being in possession of and holding any land under any sale for taxes, authorized by the laws of this territory, or any persons who have made a bona-fide settlement and improvement which he, she or they still occupy, upon any of the Indian lands lying in this territory; or ary person in the quiet possession of any land claiming title thereto, and holding the same under a sale and conveyance made by executors, administrators or guardians, or by any other person or persons, in pursuance of any order of court