Page:1862 Territory of Dakota Session Laws.pdf/76

CHAP. VIII.] shall be issued to any other county, against any one or more of the defendants, at the plaintiff's request.

. 56. Where the time for bringing parties into court is not fixed by statute, the summons shall be returnable on the first day of the next term after the day of its date. It shall state the day of the month on which it is returnable.

. 57. When a writ is returned "not summoned," other writs may be issued until the defendant or defendants shall be summoned; and when defendants reside in different counties, writs may be issued to such counties at the same time.

. 58. The summons shall be served by the officer to whom it is directed, who shall indorse on the original writ the time and manner of service. It may also be served by any person not a party to the action, appointed by the officer to whom it is directed. The authority of such person shall be indorsed on the writ. When the writ is served by a person appointed by the officer to whom it is directed, or when the service is made out of this territory, the return shall be verified by oath or affirmation.

. 59. The service shall be by delivering a copy of the summons to the defendant personally, or by leaving one at his usual place of residence, at any time before the return day.

. 60. In all cases the return must state the time and manner of service.

. 61. The officer to whom the summons is directed must return the same at the time therein stated.

. 62. An acknowledgment on the back of the summons, or the voluntary appearance of a defendant, is equivalent to a service.

. 63. A summons against a corporation may be served upon the president, mayor, chairman of the board of directors or trustees, or other chief officer; or, if its chief officer is not found in the county, upon its cashier, treasurer, secretary, clerk, or managing agent; or, if none of the aforesaid officers can be found, by a copy left at the office or last usual place of business of such corporation.