Page:United States Statutes at Large Volume 35 Part 1.djvu/592

 574 six·r1n·r11 CONGRESS. sm. 1. im. 22. 1908. ·*°*°‘ N"' *°’*°° rinci I lace of business; and said suit after having been commenced m“u°d_c°mm°d` Shall nhtbgdismissed by plaintiff unless by written consentof the defendant filed in the case, or for good cause shown to the court; it being hereby expressly provided and understood that such right of action is given only on the understanding that the foregoing conditions precedent are made a part of the law under which right to recover can exist for such injuries, except as herein otherwise provided. “Sec. 2. Whenever any person or corporation shall file a petition in the district court of this Territory for the county in which said petitioner lives, or if a corporation, in the district court for the county in which such corporation has its principal pgace of business, stating in effect that such petitioner is informed and lieves that some party named in said petition claims that he is entitled to damages from said petitioner for rsonal injuries inilicted·in this Territory upon the pug named in petition, or for personal injuries indicted upon or ea caused to some other person for which such party claims to have a cause of action against said petitioner, and stating as near as may be the general character of such injuries, and the manner and the date said party claims they were inflicted, and the place where he claims the were indicted, as near as petitioner know or is informed as to such facts, and pra ing that the said party may be required to appear in said court and HL therein a statement of his cause of action in the form of a complaint against said petitioner, summons shall issue out of said court and be served and returnable as other process, commanding and requiring the said party named in said petition to appear in said court and file such statement in the form of a complaint against said petitioner, if he has to make, and upon such complaint being filed by such party as required, the defendant named therein may demur to or answer the same and such further leading had as the parties may be entitled to, or as may be meet and, pro r as in other cases of a similar character, and from thence forwarcixguch further proceedings shall be had in such cause as in other cases, and the same shall be determined upon its merits and final judgment, subject, however, to appeal or writ of error, shall be rendered therein either for the titioner named in said complaint or for the adverse party, and ifplzhe court finds the petitioner guilty of any of the wrongs, injuries, or trespasses complained of against him in said statement such damages shal be assessed against e said petitioner as the law and the facts may require, in the same manner as though said cause had been instituted by the tiling of said statement as a complaint. “‘_ln event said party complained of in said petition, after being duly served with such summons, shall fail or refuse to appear or tile his said statement as required herein, judgment shall be rendered by default against him and in favor of the petitioner as in other cases, and thereupon the court shall try and determine the issues raised by such petition; including the question as to whether or not the petitioner is liable to said party on account of any of the matters or things stated in said petition in any sum of money whatsoever, and, if so, in what amount, and final judgmentshall be rendered in accordance with the facts and the law. and such judgment as the court may render shall be final and conclusive upon the question of the liability or nonliability of said petitioner to said partly, and of the amount of the liability. "SEc. 3. It shall be unlawful for any person to institute, carry on, or maintain may suit for the recovery of an such damages in any other State or erritory, and upon it being made to appear to the court in which any proceedinglbas been instituted in this Territory, as herein provided. t at any suc suit has also been commenced, or is being maintained in any other State or Territory contrary to the intent of this act, it shall be the duty of the court to set down for hearing and try and determine the proceeding so pending in this Territory as