10 of the par by statute; except, that when it is imposed for an offence committed on a lake, river, or other stream of water situated in two or more counties, the action may be brought in any county bordering on such lake, river or stream, and opposite to the place where the offence was committed : 2. Against a public officer or person specially appointed to execute his duties, for an act done by him in virtue of his office, or against a person, who by his command or in his aid, shall do any thing touching the duties of such officer. § 125. In all other cases, the action shall be tried in the Other accounty in which the parties or any of them shall reside at the residence commencement of the action; or if none of the parties ties. shall reside in the state, the same may be tried in any county which the plaintiff shall designate in his complaint ; subject, however, to the power of the court to change the place of trial, in the cases provided by statute. $ 126. If the county designated for that purpose in the Actinemas complaint, be not the proper county, the action may, notwith- unicowity standing, be tried therein, unless the defendant, before the demand time for answering expire, demand, in writing, that the trial per couny be had in the proper county, and the place of trial be thereupon changed by consent of parties, or by order of the court, as is provided in this section. The court may change the place of trial in the following be , fendaut trial in pro cases. 1. When the county designated for that purpose in the complaint is not the proper county : 2. When there is reason to believe that an impartial trial can not be had therein : 3. When the convenience of witnesses and the ends of justice would be promoted by the change. When the place of trial is changed, all other proceedings shall be had in the county, to which the place of trial is changed, unless otherwise provided by the consent of the par ties, in writing duly filed, or order of the court, and the papers shall be filed or transferred accordingly. TITLE V. of the manner of commencing Civil Actions. how coinmenced. a Summons requisiles 01. Section 127. Actions how commenced. 128. Summons, requisites of. what to be stated in summons and proceedings thereon. only served. 139. When jurisdiction of action acquired. Acuons, $127. Civil actions in the courts of record of this state, shall be commenced by the service of a summons. § 128. The summons shall be subscribed by the plaintiff, or his attorney, and directed to the defendant, and shall require him to answer the complaint, and serve a copy of his answer on the person whose name is subscribed to the summons, at a place within the state, to be therein specified, in which there is a post-office, within twenty days after the service of the summons, exclusive of the day of service. Notice to $ 129. The plaintiff shall also insert in the summons a he inserted ill certain notice, in substance as follows: actions. 1. In an action, arising on contract for the recovery of money only, that he will take judgment for a sum specified therein, if the defendant fail to answer the complaint, in twenty days after the service of the summons. 2. In other actions, that if the defendant shall fail to answer the complaint, within twenty days after service of the summons, the plaintiff will apply to the court for the relief demanded in the complaint. Complaint uced not be § 130. A copy of the complaint need not be served with the summons. with sum mons. In such case what to be summons, ceedings thereon. In such case, the summons must state where served the complaint is or will be filed; and if the defendant, within twenty days thereafter, causes notice of appearance to be given, stated in and in person, or by attorney, demands in writing a copy of and prothe complaint, specifying a place within the state where it may be served, a copy thereof must, within twenty days thereafter, be served accordingly, and after such service, the defendant has twenty days to answer, but only one copy need be served on the same attorney. unreasona bly defend to pay § 131. In the case of a defendant against whom no personal Defendant claim is made, the plaintiff may deliver to such defendant with ing, when the summons a notice subscribed by the plaintiff or his attor- costs. ney, setting forth the general object of the action, a brief description of the property affected by it, if it affects specific real or personal property, and that no personal claim is made against such defendant, in which case no copy of the complaint need be served on such defendant unless within the time for answering, he shall, in writing, demand the same. If a defendant, on whom such notice is served, unreasonably defend the action, he shall pay costs to the plaintiff. pendency affecting title to real property, 132. In an action affecting the title to real property, the Notice of plaintiff at the time of filing the complaint, or at any time of action afterwards, may file with the clerk of each county in which the property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action and a description of the property in that county affected thereby; and if the action be for the foreclosure of a mortgage, such notice must be filed twenty days before judgment, and must contain the date of the mortgage, the parties thereto and the time and place of recording the same. From the time of filing only shall the pendency of the action be constructive notice to a purchaser or incumbrancer of the property affected thereby. Summons, by whoin served. how served and returned. § 133. The summons may be served by the sheriff of the county where the defendant may be found, or by any other person not a party to the action. The service shall be made, and the summons returned, with proof of the service, to the person whose name is subscribed thereto, with all reasonable diligence. The person subscribing the summons, may, at his option, by an endorsement on the summons, fix a time for the service thereof, and the service shall then be made accordingly. Summons, $ 131. The summons shall be served by delivering a copy thereof as follows : 1. If the suit be against a corporation, to the president or other head of the corporation, secretary, cashier, treasurer, a director or managing agent thereof; but such service can be made in respect to a foreign corporation only, when it hus properly within this State, or the cause of action arose therein. 2. If against a minor under the age of fourteen years, to such minor personally, and also to his father, mother or guardian, or if there be none within the State then to any person having the care and control of such minor, or with whom he shall reside, or in whose service he shall be employed. 3. If aguinst a person judicially declared to be of unsound mind or incapable of conducting his own affairs in consequence of habitual drunkenness, and for whom a committee has been appointed, to such committee and to the defendant personally. 4. In all other cases to the defendant personally. $ 135. Where the person, on whom the service of the summons is to be made, cannot, after due diligence, be found within the State, and that fact appears by affidavit to the satisfaction of the court or a judge thereof, or of the county judge of the county where the trial is to be had, and it in like manner appears that a cause of action exists against the defendant, in respect to whom the service is to be made, or that he is a proper party to an action relating to real property in this State, such court or judge muy grant an order that the service be made by the publication of a summons in either of the following cases: a Publication when des fendant camot be found. 1. Where the defendant is a foreign corporation, has property within the State, or the cause of action arose therein; 2. Where the defendant, being a resident of this State, has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent; 3. Where he is not a resident of this State, but has property therein, and the action arises on contract, and the court has jurisdiction of the subject of the action; 4. Where the subject of the action is real or personal property in this State, and the defendant has, or claims a lien or interest, actual or contingent therein, or the relief demanded consists wholly or partly in excluding the defendant from any interest or lien therein; 5. Where the action is for divorce, in the cases prescribed by law; The order must direct the publication to be made in two newspapers to be designated as most likely to give notice to the person to be served, and for such length of time as may be deemed reasonable, not less than once a week for six weeks, In case of publication, the court or judge must also direct a copy of the summons and complaint to be forthwith deposited. in the post office, directed to the person to be served, at his place of residence, unless it appear that such residence is neither known to the party making the application, nor can with reasonable diligence be ascertained by him. When publication is ordered, personal service of a copy of the summons and complaint out of the State is equivalent to publication and deposit in the post office. The defendant against whom publication is ordered or his representatives, on application and sufficient cause shown, at any time before judgment, must be allowed to defend the action; and except in an action for divorce, the defendant, against whom publication is ordered, or his representatives, may in like manner, upon good cause shewn, be allowed to defend after judgment, or at any time within one year after notice D |