of any notice or advertisement which by any law of this territory shall be required to be published in such newspaper, shall be entitled to be read in evidence, in all courts of justice in this territory, and in all proceedings before any officer, body or board, and shall be prima facie evidence of such publication and of the facts stated therein. Certified co- $ 62. Whenever a certified I copy of any affidavit, record, document or other paper, is allowed by law to be evidence, such copy shall be certified by the officer in whose custody the same is required by law to be, to have been compared by him with the original, and to be a correct transcript therefrom, and of the whole of such original and if such officer have any official seal by law, such certificate shall be authenticated by such seal.

pies of record when to be evidence.

Limitation.

Written instrument

S 63. But the preceding section shall not be construed to require the affixing of the seal of a court to any certified copy of a rule or order made by such court, or of any paper filed therein, when such copy is used in the same court, or before any officer thereof.

$ 64. Every written instrument, except promissory notes and bills of exchange, and except the last wills of deceased persons, may be ved, &c. Pro proved or acknowledged in the manner now provided by law for taking the proof or acknowledgment of conveyances of real estate, and the certificate of the proper officer endorsed thereon, shall entitle such instrument to be read in evidence in all courts of justice, and in all proceedings before any officer, body or board, with the same effect, and in the same manner as if such instrument were a conveyance of real estate.

Register and cierk of dis

$ 65. The register of deeds and the clerk of the district court in trict courts every county in this territory, upon being paid the fees allowed thereto receivents, for by law, shall receive and deposite in their offices respectively, any instruments or papers which any person shall offer to them for that purpose, and if required shall give to such person a written receipt therefor.

Instrument endorsed aud filed.

Not to be

S.66. Such instruments or papers shall be properly endorsed, so as to indicate their general nature, and the names of the parties thereto, shall be filed by the officer receiving the same, stating the time when received, and shall be deposited and kept by him and his successors in office, in the same manner as his official papers, in some place separate and distinct from such papers.

$ 67. The instruments or papers so received and deposited shall withdrawn, not be withdrawn from such office, except on the order of some court, for the purpose of being read in evidence in such court, and then to be returned to such office; nor shall they be delivered without such order to any person, unless upon the written order of the person who deposited the same, or his executors or administrators.

Open to examination.

Proof of loss of document

$ 68. Such instruments or papers so deposited, shall be open to the examination of any person desiring the same, upon the payment of the fees allowed by law.

$ 69. Whenever any officer, to whom the legal custody of any dohow made. cument, instrument or paper shall belong, shall certify under his official seal, that he has made diligent examination in his office for such paper, instrument or document, and that it cannot be found, such certificate shall be presumptive evidence of the facts so certified in all causes, matters and proceedings, in the same manner and with the like effect as if such officer had personally testified to the same in the

court or before the officer before whom such cause, matter or proceeding may be pending.

compelled to

certain

$70. Any competent witness in a cause, shall not be excused from Witness answering a question relevant to the matter in issue, on the ground answer in merely that the answer to such question, may establish or tend to es- cases. tablish that such witness owes a debt, or is otherwise subject to a civil suit. But this provision shall not be construed to require a witness to give any answer which will have a tendency to accuse himself of any crime or misdemeanor, or to expose him to any penalty or forfeiture, nor in any respect to vary or alter any other rule respecting the examination of witnesses.

when not

$71. No person duly authorized to practise physic or surgery, shall Physicians, be compelled to disclose any information which he may have acquir- compelled to ed in attending any patient in a professional character, and which in- answer. formation was necessary to enable him to prescribe for such patient

as a physician, or to do any act for him as a surgeon.

of instru

$72. Whenever a party to any action shall have been permitted to Proof of loss prove by his own oath the loss of any instrument, in order to admit other ment, how proof of the contents thereof, the adverse party may also be examin- rebutted. ed by the court on oath, to disprove such loss, and to account for such

instrument.

to recover

$ 73. In any suit founded upon any negotiable promissory note or Party, when bill of exchange, or in which such note, if produced, might be allow- on lest note, ed as a set-off in the defence of any suit, if it appear on the trial that &c. such note or bill was lost, while it belonged to the party claiming the amount due thereon, parol or other evidence of the contents thereof may be given on such trial, and notwithstanding such note or bill was negotiable, such party shall be entitled to recover the amount due thereon as if such note or bill had been produced.

bond to ad

$74. But to entitle a party to such recovery, he shall execute a To execute bond to the adverse party in a penalty at least double the amount of verse party. such note or bill, with two sureties, to be approved by the court in which the trial shall be had, conditioned to indemnify the adverse party, his heirs and personal representatives, against all claims by any other person on account of such note or bill, and against all costs and expenses by reason of such claim.

of members

tion not evi

$75. In suits by or against an aggregate corporation, the admis- Admissions sion of any member thereof, not named on the record as a party to such of corporasuit, shall not be received as evidence against such corporation, un-den less such admission was made concerning some transaction in which such member was the authorized agent of such corporation.

corporation

$ 76. Any member of a corporation aggregate, not named on the Member of record as a party to a suit brought by or against such corporation, shall may testify. be received as a competent witness to testify to any matter against the interest of such corporation.

S 77. Whenever a party in any cause or proceeding, shall produce Account at the trial his account books, and swear that the same are his ac-dence. count books kept for that purpose; that they contain the original entries of charges for goods or other articles delivered, or work and labor, or other services performed, or materials found, and that such entries are just to the best of his knowledge and belief; that said entries are in his own hand writing, and that they were made at or about the time said goods or other articles were delivered, said work and labor or

Account book evidence.

Ledger, when produced.

Entries by deceased persons.

purporting

signed, evi

other services were performed, or said materials were found, then such books shall be admitted as competent testimony in proof of such charges. $78. Whenever the original articles [entries,] mentioned in the preceding section, are in the handwriting of an agent, servant or clerk of the party, the oath of such agent, servant or clerk may in like manner be admitted to verify the same, and said books shall be testimony in the same manner as the books mentioned in the preceding section: Provided, That such books, mentioned in this and the preceding section, shall not be admitted as testimony of any item of money delivered at one time, exceeding five dollars, or of money paid to third persons, or of charges for rent.

$79. Where a book has marks, which show that the items have been transferred to a ledger, the book shall not be testimony unless the ledger be produced.

$80. Any entries made in a book by a person authorized to make the same, he being dead, may be received as evidence in a case proper for the admission of such book as evidence.

Instrument $81. Every written instrument, purporting to have been signed to have been or executed by any person, shall be proof that it was so signed or exdence, &c. ecuted, until the person by whom it purports to have been signed or executed, shall deny the signature or execution of the same by his oath or affidavit; but this section shall not extend to instruments purporting to have been signed or executed by any person who shall have died previous to the requirement of such proof.

Action of ejectment allowed.

In what

cases may

be brought.

By whom.

Against whom.

How commenced.

AN ACT concerning the action of ejectment.

$ 1. The action of ejectment may be brought in the courts of this territory, subject to the provisions hereinafter contained.

§ 2. It may also be brought,

1. In the same cases in which a writ of right might heretofore be brought by law to recover lands, tenements or hereditaments, and by any person claiming an estate therein, in fee or for life, either as heir, devisee or purchaser.

2. By any widow entitled to dower, or by a woman so entitled and her husband, after the expiration of six months from the time her right accrued, to recover her dower of any lands, tenements or hereditarnents.

$ 3. No person can recover in ejectment, unless he has, at the time of commencing the action, a valid subsisting interest in the premises claimed, and a right to recover the same, or to recover the possession thereof, or of some share, interest or portion thereof, to be proved and established at the trial.

$ 4. If the premises for which the action is brought are actually occupied by any person, such actual occupant shall be named defendant in the declaration; if they are not so occupied, the action must he brought against some person exercising acts of ownership on the premises claimed, or claiming title thereto or some interest therein at the commencement of the suit.

§ 5. It shall be commenced by the service of a declaration, in which the name of the real claimants shall be inserted as plaintiffs; and all the provisions of law concerning lessors of a plaintiff shall apply to such plaintiffs.

names abo

$ 6. The use of fictitious names of plaintiffs or defendants, and of Fictitious the names of any other than the real claimants and the real defen-hamed dants, and the statement of any lease or demise to the plaintiff, and of ejectment by a casual or nominal ejector, are hereby abolished.

$7. It shall be sufficient for the plaintiff to aver, in his declara- Declaration. tion, that on some day therein to be specified, and which shall be after his title accrued, he was possessed of the premises in question, describing them as hereinafter provided; and being so possessed thereof, that the defendant afterwards, on some day to be stated, entered into such premises, and that he unlawfully withholds from the plaintiff the possession thereof, to his damage, any nominal sum the plaintiff shall think proper to state.

how describ

$ 8. In such declaration the premises claimed shall be described Premises, with convenient certainty, designating the number of the lot or town-ed. ship, if any, in which they shall be situated; if none, stating the names of the last occupants of lands adjoining the same, if any; and if none, describing such premises by [metes] and bounds, or in some other way, so that from such description possession of the premises claimed may be delivered.

divided

estate, &c.

$ 9. If such plaintiff claims any undivided share or interest in any Plaintiff premises he shall state the same particularly in such declaration. claiming un$ 10. If the action be brought for the recovery of dower, the de- share. claration shall state that the plaintiff was possessed of the one undi- To specify vided third part of the premises, as her reasonable dower as a widow of her husband, naming him. In every other case the plaintiff shall state whether he claims in fee, or whether he claims for his own life or the life of another, or for a term of years, specifying such lives, or the duration of such term.

how named,

$ 11. In any case other than where the action shall be brought Plaintiffs, for the recovery of dower the declaration may contain several counts, dow and several parties may be named as plaintiffs, jointly, in one count, and separately, in others.

$ 12. To such declaration there shall be subjoined a notice, in Notice to be writing, by the plaintiff or his attorney, addressed to the defendant, subjoined to and notifying him,

1st. That the said declaration will be filed, on some day in the then next term of the court in which the action is brought, specifying such day; or if the same be served during the term of any court, that it will be filed on such day in such term, specifying the same.

2nd. That upon filing the same a rule will be entered requiring such defendant to appear and plead to such declaration, within twenty days after the entry of such rule; and,

3rd. That if he neglect so to appear and plead, a judgment, by default, will be entered against him, and the plaintiff will recover possession of such premises.

delaration, and contents.

$ 13. If the premises are actually occupied, the declaration shall Declaration, be served by delivering a copy thereof, with the notice above prescrib- how served. ed, to the defendant named therein who shall be in the occupation thereof, personally, or by leaving the same with some person of proper age at the dwelling house of such defendant, if he be absent.

$ 14. If the premises claimed are not actually occupied, the decla- ь. ration and notice shall be served on the defendant named therein,

personally, or if he can not be found, by leaving the same with some person of proper age at the residence of such defendant.

Rule to $ 15. But where the declaration shall have been served in any bleachteren other manner than upon the defendant, [personally,] no rule to plead

entered.

shall be entered, without the special order of the court.

What to be $ 16. Instead of the rule to appear and enter into the consent rule, the plaintiff, on the day specified for that purpose in the notice aforesaid, or on some other day thereafter, upon filing the declaration with an affidavit of the due service of a copy thereof, and of the notice herein before required, shall be entitled to enter a rule, requiring the defendant to appear and plead within twenty days after the entering of such rule, and in case the defendant shall neglect so to

appear and plead within such time, his default shall be entered. Authority of § 17. No action in ejectment shall be commenced by an attorney, commence unless he has written authority from each of one of the plaintiffs, for

attorney to

action.

Defendant what to plead.

Evidence.

Rule abolish. ed.

Plaintiff to

possession.

commencing the same ; any written request of such plaintiff or his agent to commence such action, or any written recognition of the authority to commence the same, duly proved by the affidavit of such attorney, or other competent witness, shall be sufficient presumptive evidence of such authority; such affidavit shall be served on the defendant at the time of the service of the declaration.

$ 18. The defendant may demur to the declaration as in personal actions, or he shall plead the general issue only, which shall be that the defendant is not guilty of unlawfully withholding the premises claimed by the plaintiff, as alleged in the declaration, and the filing and service of such plea or demurrer shall be deemed an appearance in the cause. And upon such plea, the defendant may give the same matter in evidence, and the same proceedings shall be had as formerly, upon the plea of not guilty in the action of ejectment, except as herein otherwise provided.

$ 19. Upon such plea, the defendant may give in evidence any matter which, if pleaded in the present writ of right, or action of dower, would bar the action of the plaintiff.

$ 20. The consent rule is hereby abolished.

$ 21. It shall not be necessary for the plaintiff to prove an actual show right of entry under title, nor the actual receipt of any profits of the premises demanded; but it shall be sufficient for him to show a right to the possession of such premises, at the time of the commencement of the suit as heir, devisee, purchaser, or otherwise.

&c. not to be

Lease, entry, $ 22. It shall not be necessary, on the trial, for the defendant to confessed, confess, nor for the plaintiff to prove lease, entry and ouster, or either

&c.

Actual ouster when to

of them, except as provided in the next section; but this section shall not be construed to impair, nor in any way to affect any of the rules of evidence now in force in regard to the maintenance and defence of the action.

$23. If the action be brought by one or more tenants in common. be proved. or joint tenants against their co-tenants, the plaintiff, in addition to all other evidence which he may be bound to give, shall be required to prove, on the trial of the cause, that the defendant actually ousted such plaintiff, or did some other act amounting to a total denial of his right, as such co-tenant.

Verdict in certain ca

$ 24. If the action be brought against several defendants, and a joint possession of all be proved, the plaintiff shall be entitled to a