Page:1862 Territory of Dakota Session Laws.pdf/69

52 respective times limited by this chapter, after such disability shall be removed.

. 17. An action shall be deemed commenced within the meaning of this title, as to each defendant, at the date of the summons, which is served on him, or on a co-defendant, who is a joint contractor, or otherwise united in interest with him; where service by publication is proper, the action shall be deemed commenced at the date of the first publication, which publication must be regularly made. An attempt to commence an action, shall be deemed equivalent to the commencement thereof, within the meaning of this title, when the party faithfully, properly, and diligently endeavors to procure a service; but such attempt must be followed by service within sixty days.

. 18. If when a cause of action accrues against a person, he be out of the territory, or have absconded, or concealed himself, the period limited for the commencement of the action shall not begin to run until he comes into the territory, or while he is so absconded or concealed; and if after the cause of action accrues, he depart from the territory, or abscond or conceal himself, the time of his absence or concealment shall not be computed as any part of the period within which the action must be brought.

. 19. Where the cause of action has arisen in another state or country between non-residents of this territory and by the laws the state or country where the cause of action arose, an action cannot be maintained thereon by reason of lapse of time, no action can be maintained thereon in this territory.

. 20. If an action be commenced within due time, and a judgment therein for the plaintiff be reversed, or if the plaintiff fail in such action otherwise than upon the merits, and the time limited for the same shall have expired, the plaintiff, or, if he die and the cause of action survive, his representatives may commence a new action within one year after such reversal or failure.

. 21. In any case, founded on contract, when any part of the principal or interest shall have been paid, or an