SEC. 412. The party entitled to recover costs, and claims the same, shall deliver to the clerk of the court within two days after the entry of judgment a memorandum of the items of his costs and necessary disbursements in the action or proceeding, which memorandum shall be verified by the party, or some one in his behalf, stating that the items are correct, and that the disbursements have been necessarily incurred in the action or proceeding.

SEC. 413. The clerk shall include in the judgment entered up by him the costs, per centage allowed, and any interest on the verdict from the time it was rendered.

SEC. 414. When the plaintiff in an action resides out of the Territory, or is a foreign corporation, security for the costs and charges that may be awarded against such plaintiff may be required by the defendant; when required, all proceedings in the action shall be stayed until an undertaking, with sufficient sureties, be filed with the clerk, to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment or in the process of the action, not exceeding three hundred dollars. A new or an additional undertaking may be ordered by the court or judge upon proof that the original undertaking is insufficient security, and proceedings in the action stayed until such new or additional undertaking be filed.

SEC. 415. Each of the sureties on the undertaking mentioned above shall annex to the same an affidavit that he is a resident within the county and is worth double the amount specified in the undertaking over and above all just debts and liabilities exclusive of property exempt from execution.

SEC. 416. If the undertaking be not filed within the time limited by the court, the action may on motion be dismissed.

TITLE XVI.

MOTIONS, ORDERS, AND SERVICE OF PAPERS.

SEC. 417. Every direction of court or judge made or entered in writing and included in a judgment is denominated an order. An application for an order is a motion.

SEC. 418. Motions shall be made in the county in which the action is brought, or in an adjoining county in the same district.

SEC. 419. When a written notice of a motion is necessary, it shall be given, except as otherwise provided, five days before the time appointed for the hearing, if the court is held in the same district where both parties reside, otherwise ten days; but the court or judge, or a probate judge, may prescribe a shorter time.

SEC. 420. When a notice of a motion is given, or an order to show cause is made returnable before a judge out of court, and at a time fixed for the motion or the return day of the order, the judge is unable to hear the parties, the matter may be transferred by his order to some other judge before whom it might originally have been brought.

SEC. 421. When notices or other papers are required to be served on the party or attorney, the same shall be served by delivering a copy thereof to such party or attorney, or by leaving a copy of the same at the usual place of business or place of abode of such party, or the office or place of abode of such attorney, between the hours of eight in the morning and six in the evening.

SEC. 422. Service may be made by mail where the person making the service and the person on whom the service is to be made reside in different places, between which there is a regular communication by mail. In case of service by mail, the notice or other paper shall be deposited in the post office, addressed to the person on whom it is to be served, at his place of residence or post office address, and the postage paid, and in such case the time of service shall be increased one day for every twenty-five miles distance between the place of deposit and the place of address.

SEC. 423. All notices or other papers which it is necessary to serve upon a party, except original or final process, or proceeding to bring a party into court for contempt, may be served either upon the party or his attorney, or one of several attorneys in the action.

SEC. 424. An affidavit, notice, or other paper, without the title of the action or proceeding in which it is made, or with a defective title, shall be as valid and as effectual for any purpose as if duly entitled, if it intelligibly refer to such action or proceeding.

TITLE XVII.

MISCELLANEOUS PROVISIONS.

SEC. 425. The supreme court may make rules not inconsistent with the constitution and laws of this Territory for its own government and the government of the district courts, and the probate court may make such rules for its government, but such rules shall not be in force until thirty days after their adoption and publication. If the supreme court fail to make rules for the government of the district courts, the district courts may make their own rules, and until the meeting of the supreme court such district courts may make their own rules, to be published as above provided.

SEC. 426. Successive actions may be maintained upon the same

contract or transaction whenever after the former action a new cause of action arise therefrom.

SEC. 427. Whenever two or more actions are pending at one time, between the same parties and in the same court, upon cause of action which might have been joined, the court may order the actions to be consolidated into one.

SEC. 428. An action may be brought by one person against another for the purpose of determining an adverse claim which the latter makes against the former for money or property upon alleged obligation, and also against two or more persons for the purpose of compelling one to satisfy a debt due to the other for which the plaintiff is bound as security.

SEC. 429. When there are three referees or arbitrators all shall meet, but two of them may do any act which might be done by all.

SEC. 430. The time within which an act is to be done as provided in this act, shall be computed by excluding the first and including the last day; if the last day be Sunday, or any other day on which ordinary legal business cannot be transacted, it shall be excluded.

SEC. 431. In an action brought against a sheriff for an act done by virtue of his office, if he give written notice thereof to the sureties on any bond of indemnity received by him, the judgment

received therein shall be sufficient evidence of his right to recover against such sureties; and the court or judge, in vacation, may on motion, upon notice of five days, order judgment to be entered up against them for the amount so recovered, including costs.

SEC. 432. Words used in this act in the present tense shall be deemed to include the future as well as the present; words used in the singular number shall be deemed to include the plural, and the plural the singular; and words used to include the masculine gender shall include the feminine gender; writing shall be deemed to include printing or printed paper; oath to include affirmation or declaration; signature or subscription to include, when the person cannot or is unable to write, his name being written near it and witnessed by a person who writes his own name as a witness.

SEC. 433. In all cases where an undertaking by the provisions of this act is required, it shall be the duty of the person taking the same to require the sureties to accompany the same with an affidavit that they are each worth the sum specified in the undertaking over and above their just debts, liabilities, and property exempt by law from execution. Provided, That when the amount specified in the undertaking exceeds three thousand dollars, and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that expressed in the undertaking, if the whole amount be equivalent to that of two sufficient sureties.

SEC. 434. The court or judge thereof in which an action is pending may, upon the application of either party, upon reasonable notice to the other, appoint a receiver to take charge of any property in dispute and make such disposition of the same as the court or judge shall direct, under such rules and prescriptions as to bonds as the court may think proper. The court shall also have power to make such application of the proceeds of any property, or other proceeds in the hands of any receiver appointed by any inferior power, belonging to the parties in the action, as the court may think just and proper.

SEC. 435 A receiver appointed as mentioned in the last section, shall keep an accurate account of all proceeds of any property or business that may come into his hands by virtue of his trust, and all amounts paid out by him for the expense of keeping any property or carrying on any business, and shall pay over the same

according to the order of the court. Such receiver shall be allowed such compensation for his services as the court may think proper, to be paid out of any money in his hands belonging to the parties in action.

SEC. 436. Writs of certiorari and mandamus may be issued in the cases prescribed in this act by a judge of the supreme court, district court, or probate court, in vacation, and may in the discretion of the judge issuing the writ be made returnable, and a hearing may be had thereon on the return day in vacation.

SEC 437. Whenever property has been taken by an officer under a writ of attachment, in pursuance of the provisions of this act, and it shall be made to appear satisfactorily to the court, or a judge thereof, or a probate judge, that the interest of the parties to the action will be subserved by a sale thereof, the court or judge may order such property to be sold in the same manner as property is sold under an execution, and the proceeds to be deposited in court to abide the judgment in the action. Such order shall be made only upon notice to the adverse party or his attorney in case such party has been personally served with summons in the action.

SEC. 438. A copy of any record or document or paper in the custody of a public officer of this Territory or of the United States within this Territory, certified under the official seal, or verified by the oath of such officer, to be a true, full and correct copy of the original in his custody, may be read in evidence in an action or proceeding in the courts of this Territory in the like manner and with the like effect as the original could be if produced.

SEC. 439. When two or more persons associated in any business, transact such business under a common name, whether it comprises the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates; but the judgment in such cases shall bind only the joint property of the associates.

SEC. 440. All decisions given upon an appeal upon questions of law alone, in any appellate court in this Territory, shall be given in writing, with the reasons therefor, and filed with the clerk of the court.

SEC. 441. A defendant against whom an action is pending upon a contract or specific personal property, may at any time before answer, upon affidavit that a person not a party to the action,