When action is commenced. Exception Exception, as to persons under disability. Provision where person entitled tation expires. CHAPTER IV. General Provisions as to the Time of Commencing Actions. accrues SEC. 208. An action is commenced, within the meaning of this title, when the complaint is filed. SEC. 209. If when the cause of action against a person, he is out of the Territory, the action may be commenced within the term herein limited, after his return to the Territory; and if after the cause of the action accrues he depart from the Territory, the time of his absence is not part of the time limited for the commencement of the action. SEC. 210. If a person entitled to bring an action other than for the recovery of real property, be at the time the cause of action accrued, either: 1. Within the age of majority; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than for life; or, 4. A married woman, and her husband be a necessary party with her in commencing such action. The time of such disability is not a part of the time limited for the commencement of the action. SEC. 211. If a person entitled to bring an action die dies before limi. before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives after the expiration of that time, and within six months from his death. If a person against whom an action may be brought, die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced against his representatives after the expiration of that time, and within one year after issuing of letters testamentary or of administration. In suits by aliens time of war to be deducted. SEC. 212. When a person is an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of the action. SEC. 213. If an action is commenced within the judgment has time prescribed therefor, and a judgment therein for the Provision where plaintiff be reversed on appeal, the plaintiff, or if he die been reversed. and the cause of action survive, his heirs or personal representatives, may commence a new action within one year after the reversal. by injunction. SEC. 214. When the commencement of an action is Provision where stayed by injunction, or a statutory prohibition, the time of action is stayed the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. SEC. 215. No person can avail himself of a disability, unless it existed when his right of action accrued. Disability must right of action exist when accrued. more disabilities SEC. 216. When two or more disabilities co-exist at when two or the time the right of action accrues, the limitation does not exist, etc. attach until they are removed. actions against Limitations in SEC. 217. This Title does not affect actions against This chapter not directors or stockholders of a corporation, to recover a pen- applicable to alty or forfeiture imposed, or to enforce a liability created directors, etc. by law; but such actions must be brought within three such cases preyears after the discovery, by the aggrieved party, of the scribed. facts upon which the penalty or forfeiture attached, or the liability was created. ment or new SEC. 218. No acknowledgment or promise is suffi- Acknowledgcient evidence of a new or continuing contract, by which promise must be to take the case out of the operations of this Title, unless in writing. the same is contained in some writing signed by the party to be charged thereby. SEC. 219. When a cause of action has arisen in another State or Territory, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this Territory, except in favor of one who has been a citizen of this Territory, and who has held the cause of action from the time it accrued. Limitation laws of other States effect of. and Territories, Existing causes affected, SEC. 220. This Title does not extend to actions already commenced, nor to cases where the time prescribed of action not in any existing statute for acquiring a right or barring a remedy has fully run, but the laws now in force are applicable to such actions and cases, and are repealed subject to the provisions of this section. construed, how. SEC. 221. The word action, as used in this Title, is Word "action" to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. TITLE III.. Action to be in name of party in interest. Assignment of thing in action OF THE PARTIES TO CIVIL ACTIONS. SEC. 224. Every action must be prosecuted in the name of the real party in interest, except as provided in Section 226. SEC. 225. In the case of an assignment of a thing in action, the action by the assignee is without prejudice to not to prejudice any set off or other defense, existing at the time of, or before notice of the assignment; but this section does not apply to a negotiable instrument transferred in good faith and upon good consideration, before maturity. defense. Executor, trustee, may sue without joining eficially interested. SEC. 226. An executor, or administrator, or trustee of an express trust, or a person expressly authorized by the persons ben- statute, may sue without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, must be construed to include a person with whom, or in whose name, a contract is made for the benefit of another. Married woman as party. Wife may de fend, when. Infant, etc., to appear by guardian. SEC. 227. When a married woman is a party, her husband must be joined with her, except: When the action concerns her separate property, or her right or claim to the homestead property, she may sue or be sued alone; 2. When the action is between herself and her husband, she may sue or be sued alone; 3. When she is living separate and apart from her husband, by reason of his desertion of her, or by agreement in writing entered into between them, she may sue or be sued alone. SEC. 228. If a husband and wife be sued together, the wife may defend for her own right, and if the husband neglect to defend, she may defend for his right also. SEC. 229. When an infant, or an insane, or incompetent person is a party, he must appear either by his general guardian, or by a guardian ad litem appointed by the court, or judge thereof, in which the action is pending in each case. A guardian ad litem may be appointed in any case, when it is deemed, by the court in which the action or proceeding is prosecuted, or by the judge thereof, expedient to represent the infant, insane, or incompetent. person in the action or proceeding, notwithstanding he may have a general guardian and may have appeared by him. SEC. 230. When a guardian ad litem is appointed Guardian, how by a court, or the judge thereof, he must be appointed as appointed, follows: 1. When the infant is plaintiff, upon the application of the infant, if he be of the age of fourteen years, or if under that age, upon the application of a relative or friend of the infant. 2. When the infant is defendant, upon the application of the infant, if he be of the age of fourteen years, and apply within ten days after the service of the summons, or if under that age, or if he neglect so to apply, then upon the application of a relative or friend of the infant, or of any other party to the action. 3. When an insane or incompetent person is party to an action or proceeding, upon the application of a relative or friend of such insane or incompetent person, or of any other party to the action or proceeding. for her own se SEC. 231. An unmarried female under twenty years Unmarried fe of age at the time of her seduction may prosecute, as plain- male may sue tiff, an action therefor, and may recover therein such dam- duction, when, ages, pecuniary or exemplary, as are assessed in her favor. duction of SEC. 232. A father, or in case of his death or deser- Father, etc., tion of his family, the mother may prosecute as plaintiff for may sue for sethe seduction of the daughter, who at the time of her daughter, etc. seduction is under the age of majority; and the guardian for the seduction of the ward, who is at the time of her seduction under the age of majority, though the daughter or the ward be not living with or in the service of the plaintiff at the time of the seduction, or afterwards, and there be no loss of service. Who may sue death of child, SEC. 233. A father, or in case of his death or desertion of his family, the mother, may maintain an action for injury and for the injury or death of a minor child; and a guardian for the injury or death of his ward, when such injury or death is caused by the wrongful act or neglect of another. Such action may be maintained against the person causing the injury or death, or if such person be employed by another person who is responsible for his conduct, also against such other person. When represen SEC. 234. When the death of a person not being a minor is caused by the wrongful act or neglect of another, tative may sue. his heirs or personal representatives may maintain an ac Damages. Who may be tion for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other perIn every action under this and the preceding section, such damages may be given as under all the circumstances of the case may be just. son. SEC. 235. All persons having an interest in the joined as plain subject of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except when otherwise provided in this Code. tiff. Who may be joined as defendants. Defendants in mine adverse claims. SEC. 236. Any person may be made a defendant, who has or claims an interest in the controversy, adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein. And in an action to determine the title or right of possession to real property which, at the time of the commencement of the action, is in the possession of a tenant, the landlord may be joined as a party defendant. SEC. 237. In an action brought by a person out of action to deter- possession of real property, to determine an adverse claim of an interest or estate therein, the person making such adverse claim and persons in possession may be joined as defendants, and if the judgment be for the plaintiff, he may have a writ for the possession of the premises as against the defendants in the action, against whom judgment has passed. Claimants under a common source of title may unite. Parties in inter joined. SEC. 238. Any two or more persons claiming any estate or interest in lands under a common source of title, whether holding as tenants in common, joint tenants, coparceners, or in severalty, may unite in an action against any person claiming an adverse estate or interest therein for the purpose of determining such adverse claim, or of establishing such common source of title, or of declaring the same to be held in trust, or of removing a cloud upon the same. SEC. 239. Of the parties to the action, those who are est, when to be united in interest must be joined as plaintiffs, or defendants; but if the consent of any one, who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint; and when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all. When one or more may sue or defend for the whole. SEC. 240. Persons severally liable upon the same |