rors.

before the court for which they were selected, at eleven Summoning ju- o'clock, A. M., of the first day of the next term thereof, (naming the month and day,) unless the judge of the court has previously directed a different hour or day for their appearance, in which case such direction must be observed.

tions for fraud

SEC. 9. (Sec. 2741.) In actions for relief on the Limitation ofac- ground of fraud, and in actions for trespass to property, and for trespass. the cause of action shall not be deemed to have accrued until the fraud or trespass complained of shall have been discovered by the party aggrieved.

laws of

country;

not when.

to

SEC. 10. (Sec. 2746.) But when a cause of action Actien barred by has been fully barred by the laws of any country where Lowaty other the defendant has previously resided, such bar shall be the same defense here as though it had arisen under apply the provisions of this chapter; but this section shall not apply to causes of action arising within this State. SEC. 11. (Sec. 2771.) A married woman may in all Married women cases sue and be sued without joining her husband with sued, except, etc. her, except in cases where the cause of action exists in favor or against both.

may sue and be

husb and may

fend actions.

(Sec. 2771.)

SEC. 12. (Sec. 2776.) When a husband, being a Deserted wife or father, has deserted his family, the wife, being a mother, prosecute or de may prosecute or defend, in his name, any action which he might have prosecuted or defended, and shall have the same powers and rights therein as he might have had; and, under like circumstances, the same right shall apply to the husband upon the desertion of the wife.

SEC. 13. (Sec. 2803.) A change of venue, in any Cases in whrch a civil action may be had in any of the following cases :1st. Where the county in which the suit is pending is a party thereto.

change of venue

may be granted

in civil actions.

be verified qy relatives.

2d. Where the judge is a party, or is directly interested in the suit, or is connected by blood or affinity with any person so interested nearer than the fourth degree.

3d. When either party files an affidavit verified by Affidavit not to himself and three disinterested persons not related to the party making the motion nearer than in the fourth degree, stating that the inhabitants of the county, or the judge, is so prejudiced against him, or that the adverse party or his attorney has such an undue influence over the inhabitants of the county that he cannot obtain a fair trial. Where it is so made to appear to the judge, that a jury of twelve men cannot be obtained in the county where said action is pending, then, upon application of either party as aforeChanges granted. said, a change of venue shall be granted to the nearest county in which a jury can be obtained.

court.

SEC. 14. (Sec. 2805.) The venue shall be changed to Where to. some other county in the same district, unless the objections are to the judge, or unless the objections made is claimed to hold to all the other counties of the district, and shall be to the most convenient county to which no objection is made. Whenever a change of venue shall be When to circuit granted on account of prejudice or disability of the judge, the case shall be transferred to the circuit court of the same county, unless the same objection exist to the judge of the circuit court, unless such change of venue be applied for in cases where the circuit court has no jurisdiction, in which case the cause shall be transferred to some other district court.

sl notice when

is defendant.

SEC. 15. (Sec. 2824.) If a county is defendant, service Service of originmay be made on the chairman of the board of supervisors civil corporation or county auditor. If any other civil corporation, upon a trustee or other officer thereof. If no trustee, officer, agent, or employee of any incorporation, organized under the laws of this State, can be found within the State, on whom service can be made as now provided by law, service may be made on such corporation by publication.

land in another

SEC. 16. (Sec. 2843.) When any real property is the Notice to affect subject of any action, and the same is situated in any county. other county than the one in which the action is brought, the plaintiff must, in order to affect third persons with constructive notice of the pendency of the action, file with the clerk of the district court of such county, a notice of the pendency of the action, and a description of the property in that county affected thereby, and from the time of such filing, only, shall the pendency of the action be constructive notice to subsequent vendees or incumbrance[r]s thereof, who shall be bound by all proceedings taken after the filing of such notice to the same extent as if a party to the action, and the clerk of such county must, immediately on receipt of such notice, index and record the same in the incumbrance-book. And within two months after the determination of such action there shall be filed with such clerk a certified copy of the final Copy of final order, etc., of court order, judgment, or decree, who shall enter and index the to be filed with same in the same manner as though rendered in that clerk of court. county, or such notice of pendency shall cease to be constructive notice.

for

equitable actions

SEC. 17. (Sec. 2856.) The appearance term shall not Trial term be the trial term for equitable actions triable by the first triable by first method, except in cases in which notice has been served method.

agent;

sixty days before such term, and in which also the answer shall be merely a denial, and the proof documentary.

SEO. 18. (Sec. 2907.) If the pleading be founded on Verification by a written instrument, for the payment of money only, and such instrument be in the possession of the agent or attorney, the affidavit may be made by such agent or attorney, so far as relates to the statement of the cause of action thereon; but, when relief is asked, other than a money judgment or decree of foreclosure, the affidavit averments show-must contain averments showing competency, as hereining competency. after provided.

Verification of exhibits,

SEC. 19. All exhibits referred to in the pleadings, the original of which are attached thereto, or are filed with the pleadings, may be introduced as evidence on the trial of equitable causes by the first method, without proof as to their genuineness, unless the same have been positively denied under oath.

SEC. 20. (Sec. 3007.) Except where otherwise proTrial at first term. vided, causes, including those brought to foreclose mortgages, and to enforce vendors' liens, shall be tried at the Mortgages and first term after due, legal, and timely service has been made, unless reasonable causes for continuance be shown.

vendors' liens.

be examined on

pending, or any judge, when.

SEC. 21. (Sec. 3189.) Whenever it appears by the Defendant may affidavit of the plaintiff, or by the return of the writ of oath before court attachment, that no property is known to the plaintiff or where action is the officer, on which the order of attachment can be executed, or not enough to satisfy the plaintiff's claim,and, it being shown to the judge of any court, by affidavit, that the defendant has property within the State not exempt from writ, the defendant may be required by such judge to attend before him, or before the court in which the action is pending, and give information on oath respecting his property.

person'l property

proceeds.

SEC. 22. (Sec. 3222.) When the sheriff thinks the Sheriff's sale of property attached in danger of serious and immediate without delay. waste and decay, or when the keeping of the same will necessarily be attend[ed[ with such expense as greatly to depreciate the amount of proceeds to be realized thereDepreciation of from, or when the plaintiff makes affidavit to that effect, the sheriff may summon three persons, having the qualifications of jurors, to examine the same. The sheriff shall give the defendant, if within the county, two clear days' notice of such hearing, and he may appear before such jury and have a personal hearing. If they are of the opinion that the property requires soon to be disposed of, they shall specify in writing a day beyond which they do not

deem it prudent that it should be kept in the hands of the sheriff. If such day occur before the trial day, he shall thereupon give the same notice as for goods in execution, and for the same length of time, unless the condition of the property renders a more immediate sale necessary. The sale shall be made accordingly. If the defendant give his written consent, such sale may be made without such finding of three men.

ments.

SEC. 23. (Sec. 3225.) In an action to enforce a Specific attachmortgage of, or a lien upon personal property, or for the recovery, sale, or partition of such property, or by a plaintiff having a future estate or interest therein, for the security of his rights, where it satisfactorily appears by the petition verified on oath or by affidavits or the proofs in the cause that the plaintiff has a just claim, and that the property has been or is about to be sold, concealed, or Where property removed from the State, or where the plaintiff states on concealed, etc. oath that he has reasonable cause to believe, and does believe, unless prevented by the court, the property will be sold, concealed, or removed from the State, an attachment may be granted against the property.

has been sold,

be grant❜d by any

terms.

SEC. 24. (Sec. 3227.) The attachments in the cases Attachm❜nts may mentioned in the two last sections, may be granted by the judge, and concourt in which the action is brought, or by the judge of trolled by him as any court, upon such terms and conditions as to security on the part of the plaintiff, for the damages which may be occasioned by them, and with such directions as to the disposition to be made of the property attached as may be just and proper, under the circumstances of each case.

SEC. 25. That sub-division one of section 3232 of Rev.: §3282. Revision of 1860 be repealed, and there be enacted in lieu Proceeds of atthereof the following:

tached property to apply in satis

1. The money arising from the sales of attached prop- faction of judg erty.

ments.

ments and other

SEC. 26. (Sec. 3272.) Judgments, bank-bills, and oth- Levy on judg er things in action, may be levied upon and sold, or ap- things in action. propriated as hereinafter provided, and assignments thereof by the officer shall have the same effect as if made by the defendant, and may be treated as so made.

of family exempt

SEC. 27. (Sec. 3305.) If the debtor is the head of property of head family, there is further exempt, his homestead, as pro- from execution vided by law; one cow and calf, one horse, unless a horse enumerated, has been exempted for him under the last section; fifty sheep, and the wool thereon; five hogs, and all pigs under wool on fifty six month[s]; the necessary food for all animals exempt from sheep. execution for sixty days; all flax raised by the defendant

Flax from one on not exceeding one acre of ground, and the manufacacre of ground. tures therefrom; one bedstead and the necessary bedding

for every two in the family all cloth manufactured by the defendant, not exceeding one hundred yards in quantity; household and kitchen furniture, not exceeding one hundred dollars in value; all spinning-wheels and looms, and other instruments of domestic labor, kept for actual use; and the necessary provisions and fuel for the use of the family for six months. But no exemptions shall extend to propurchase money perty against an execution issued for the purchase-money thereof.

Executions for

of property.

favor of single

of families who

leave the State.

SEC. 28. (Sec. 3308.) None of the exemptions conExemptions in tained in this chapter are for the benefit of a single man men, non-resi- not the head of a family, nor of non-residents, nor of dents, and heads those heads of families who have started to leave this heve started to State, but their property is liable to execution, with the exception, in the two former cases, of ordinary wearingapparel, and trunks to contain the same; and in the latter case, of such wearing-apparel, with such property, in addition to such wearing-apparel, as the defendant may property in ad- select, not to exceed seventy-five dollars in value, to be dition to wearing selected by the debtor, and appraised according to the provisions of section 3220; but, any person coming into Rev.: 3220. this State, with the intention of remaining, is a resident, within the meaning of this chapter.

$75.00 worth of

apparel.

against executor,

SEC. 29. (Sec. 3323.) When a judgment has been When judgment obtained against the executor of one deceased, or against or decedent in his the decedent in his lifetime, which the personal estate of fied by personal the deceased is insufficient to satisfy, the plaintiff may

life time unsatis

estate.

Petition,

file his petition in the office of the clerk of the court where the judgment is a lien, against the executor, the heirs and devisees of real estate (if such there be) setting forth the Real property. facts, and that there is real estate of the deceased within the State, describing its location and extent, and praying the court to award execution against the same.

Redemption

execution.

SEC. 30. (Sec. 3332.) The defendant may redeem of such property at any time within one year from the day property sold on of sale, as hereinafter provided, and will in the meantime be entitled to the possession of the property. But in no None in case of action where the defendant has taken an appeal from the circuit or district court, or stayed execution on the judgment, shall he be entitled to redeem.

appeal or stay.

new trial in ac

SEC. 31. (Sec. 3584.) The court, in its discretion, Application for may grant a new trial on the application of a party, or tions for real pro- those claiming under him, made at any time within one within one year, year after the determination of the former trial.

perty to be made

SEC. 32. (Sec. 3602.) When a person is in possession