Lost papers, how

supplied.

Successive

tions.

ac

Consolidation of

actions.

When court has jurisdiction.

Jurisdiction

SEC. 481. If an original paper or pleading be lost or withheld by any person, the court or judge thereof may order a verified copy thereof to be filed and used instead of the original.

SEC. 482. Successive actions may be maintained upon the same contract or transaction whenever, after the former action, a new cause of action arises therefrom.

SEC. 483. Whenever two or more actions are pending at one time between the same parties and in the same court upon causes which might have been joined, the court may, upon the motion of the defendant, order the same to be consolidated. An action is deemed to be pending from the commencement thereof until its final determination upon appeal, or until the expiration of the period allowed to take an appeal.

SEC. 484. No natural person is subject to the jurisdiction of the district court of the district unless he appear in the court, or be found within the district, or be a resident thereof, or have property therein; and in the last case only to the extent of such property at the time the jurisdiction attached. But this section is not to be construed to limit the power of the said court to declare a marriage void or a dissolution thereof when the defendant is a nonresident of the district, in the cases provided for in chapter forty-five.

SEC. 485. No corporation is subject to the jurisdiction of the disover corporations. trict court of the district unless it appear in the court, or have been created by or under the laws of the district, or have an agency estabtablished therein for the transaction of some portion of its business, or have property therein; and in the last case only to the extent of such property at the time the jurisdiction attached.

Exercise of jurisdiction.

When majority of referees may act.

time.

SEC. 486. When the court has jurisdiction of the parties it may exercise it in respect to any cause of action, wherever arising, except. for the specific recovery of real property situated without the district, or for injury thereto.

SEC. 487. Whenever there is more than one referee all must meet, but a majority of them may do any act which might be done by all; and whenever any authority is conferred on three or more persons it may be exercised by a majority of them, upon the meeting of all, unless expressly otherwise provided.

Computation of SEC. 488. The time within which an act is to be done, as provided in this code, shall be computed by excluding the first day and including the last, unless the last day fall upon a Sunday, Christmas, or other legal holiday, in which case the last day shall also be excluded. The time for the publication of legal notices shall be computed so as to exclude the first day of publication and to include the day on which the act or event of which notice is given is to happen or which completes the full period required for publication.

CHAPTER FORTY-EIGHT.

Sec.

OF OFFERS TO COMPROMISE AND THE INSPECTION OF WRITINGS.

489. Offers to compromise, how accepted and effect thereof.

Sec.

490. Order for the inspection of papers.

thereof.

SEC. 489. The defendant may, at any time before trial, serve upon Offers to comthe plaintiff and offer to allow judgment to be given against him for promise, how acthe sum, or the property, or to the effect therein specified. If the cepted and effect plaintiff accept the offer, he shall, by himself or attorney, indorse such acceptance thereon, and file the same with the clerk before trial, and within three days from the time it was served upon him; and thereupon judgment shall be given accordingly, as in case of a confession. If the offer be not accepted and filed within the time prescribed, it shall be deemed withdrawn, and shall not be given in evidence on the trial; and if the plaintiff fail to obtain a more favorable judgment, he shall not recover costs accruing after the service of the notice of the offer, but the defendant shall recover of him costs and disbursements from the time of such service.

Order for the in

SEC. 490. The court, or judge thereof, while an action is pending, may order either party to give the other, within a specified time, an spection of papers. inspection and copy, or permission to take a copy, of any book, document, or paper in his possession, or under his control, containing evidence or matters relating to the merits of the action, or the defense therein. If obedience to the order be neglected or refused, the court may exclude the book, document, or paper from being given in evidence, or, if wanted as evidence by the party applying therefor, may direct the jury to presume it to be such as he alleges it to be; and the court may also punish the party so neglecting or refusing as for a contempt. This section is not to be construed to prevent a party from compelling another to produce books, documents, or papers when he

Order and mo

SEC. 491. Every direction of a court or judge made or entered in writing, and not included in a judgment is denominated an order. An tion, definition of. application for an order is a motion.

made.

SEC. 492. Motions shall be made to the court or judge, as provided Motions, to in other parts of this code. They shall be made at the place where whom and where the action is triable, except when made to a judge of the court before whom the action is pending and without notice, in which case an order may be made by such judge in any part of the district.

Notice of mo

when necessary.

SEC. 493. When a notice of a motion is necessary, it shall be served twenty days before the time appointed for the hearing; but the court, tion, time of, and or judge thereof, may prescribe, by order indorsed upon the notice, a shorter time. Notice of a motion is not necessary, except when this code requires it, or when directed by the court or judge in pursuance thereof.

Application re

SEC. 494. If an application for an order, made to a judge of the fused not to be court in which the action or proceeding is pending, be refused in whole repeated. or in part, or be granted conditionally, no subsequent application for the same order shall be made to any other judge. A violation of this section is punishable as a contempt, and an order made contrary thereto may be revoked by the judge who made it, or vacated by the court, or judge thereof, in which the action or proceeding is pending.

Notices to be in writing.

Notices and

whom.

papers

SEC. 495. Notices shall be in writing, and notices and other shall be served on the party or attorney in the manner prescribed in this chapter where not otherwise provided by this code.

SEC. 496. The service or deposit in the post-office, when served by other papers, how mail, may be made by any person other than the party himself. The served and upon proof of service shall be the same as proof of service of a summons, and shall be returned with the original notice, or other paper of which service is made, at the time and place therein prescribed for the hearing or other proceeding to be had thereon. The service may be personal by delivery of a copy of the notice or other paper to the party or attorney on whom the service is required to be made, or it may be as follows:

--upon attorney.

-upon party.

When service

First. If upon an attorney, it may be made during his absence from his office by leaving the copy with his clerk therein, or with the person having charge thereof; or when there is no person in the office, by leaving it between the hours of six in the morning and nine in the evening in a conspicuous place in the office, or if it be not open to admit of such service, then by leaving it at the attorney's residence with some person of suitable age and discretion.

Second. If upon a party, it may be made by leaving the copy at his residence between the hours of six in the morning and nine in the evening with some person of suitable age and discretion.

SEC. 497. Service by mail may be made when the person for whom may be made by the service is made and the person on whom it is made reside in differmail; time allow- ent places, between which there is a communication by mail, adding one day to the time of service for every twenty miles of distance between the place of deposit and the place of address.

ed for distance.

be made.

How copy de- SEC. 498. In case of service by mail the copy must be deposited in posited and when the post-office, addressed to the person on whom it is to be served at service deemed to his place of residence, and the postage paid. The service shall be deemed to be made on the first day after the deposit in the post-office that the mail leaves the place of deposit for the place of the address, and not otherwise.

Appearance, SEC. 499. A defendant appears in an action when he answers, demurs, how made; de- or gives the plaintiff written notice of his appearance, and until he fendant not to be does so appear he shall not be heard in such action or in any proceedheard before ap- ing pertaining thereto, except the giving of the undertakings allowed

pearance.

to the defendant in the provisional remedies of arrest, attachment, and the delivery of personal property. When the defendant has not

appeared, notice of a motion or other proceeding need not be served upon him, unless he be imprisoned for want of bail, or unless directed by the court, or judge thereof, in pursuance of this title.

SEC. 500. When a party is absent from the district and has no attor- When party abney in the action, service may be made by mail if his residence be known; sent from the disif not known, on the clerk for him. When a party, whether absent or to be made on attrict; when service not from the district, has an attorney in the action, service of notice or other papers shall be made upon the attorney.

SEC. 501. The foregoing provisions do not apply to the service of a summons or other process, nor so much thereof as allows service to be made of any notice or other paper to bring a party into contempt, otherwise than upon such party personally.

torney.

Foregoing provisions not to apply to summons.

SEC. 502. A notice or other paper is valid and effectual, although Notice is valid, defective either in respect to the title of the action in which it is made, though defective or the name of the court or the parties, if it intelligently refer to such action.

in form.

SEC. 503. All undertakings, affidavits, or other papers required by Filing of papers. or provided for in this code shall be filed with the clerk, except when this code otherwise specially provides. A pleading or paper shall be filed by delivering the same to the clerk at his office, who shall indorse upon it the day of the month and the year, and subscribe his name thereto. The clerk shall not be required to receive for filing any paper unless the name of the court, the title of the cause and the paper, and the names of the parties, and the attorney, if there be one, is intelligibly indorsed on the back of it, or unless the contents thereof can be read by a person of ordinary skill.

SEC. 504. Appeals and writs of error may be taken and prosecuted Appeals and from the final judgments of the district court for the district of Alaska writs of error, how or any division thereof direct to the Supreme Court of the United taken. States in the following cases, namely: In prize causes and in all cases which involve the construction or application of the Constitution of the United States, or in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority is drawn in question, or in which the constitution or law of a State is claimed to be in contravention of the Constitution of the United States; and that in all other cases where the amount involved or the value of the subject-matter exceeds five hundred dollars the United States circuit court of appeals for the ninth circuit shall have jurisdiction to review by writ of error or appeal the final judgments, orders, of the district court.

shall be final.

SEC. 505. The judgments of the circuit court of appeals shall be What judgments final in all cases coming to it from the district court, but whenever the judges of the circuit court of appeals may desire the instruction of the Supreme Court of the United States upon any question or proposition of law which shall have arisen in any case pending before the circuit court of appeals on writ of error to or appeal from the district court, judges may certify such question or proposition to the Supreme Court, and thereupon the Supreme Court shall give its instruction upon the questions and propositions certified to it, and its instruction shall be binding upon the circuit court of appeals.

When may be taken.

From what an

taken.

SEC. 506. No appeal or writ of error by which any final order of judgment may be reviewed under the provisions of this Act shall be taken or sued out except within one year after the entry of the order or judgment sought to be reviewed.

SEC. 507. An appeal may be taken to the circuit court of appeals appeal may be from any interlocutory order granting or dissolving an injunction, refusing to grant or dissolve an injunction, made or rendered in any cause pending before the district court within sixty days after the entry of such interlocutory order. The proceedings in other respects in the district court in the cause in which such interlocutory order was made shall not be stayed during the pendency of such appeal, unless otherwise ordered by the district court.

Laws regulating procedure and practice on appeal.

Costs; compen

SEC. 508. All provisions of law now in force regulating the procedure and practice in cases brought by appeal or writ of error to the Supreme Court of the United States or to the United States circuit court of appeals for the ninth circuit, except in so far as the same may be inconsistent with any provision of this Act, shall regulate the procedure and practice in cases brought to the courts, respectively, from the district court for the district of Alaska. The provisions of this chapter shall apply to all cases pending in the district court of Alaska at the time this Act takes effect.

SEC. 509. The measure and mode of compensation of attorneys shall sation of attorney. be left to the agreement, expressed or implied, of the parties; but there may be allowed to the prevailing party in the judgment certain sums by way of indemnity for his attorney fees in maintaining the action or defense thereto, which allowances are termed costs.

Whe costs al

SEC. 510. Costs are allowed of course to the plaintiff upon a judgment lowed to plaintiff. in the district court in his favor in the following cases:

-actions for assault, etc.

First. In an action for the recovery of the possession of real property, or where a claim of title or interest in real property, or right to the possession thereof, arises upon the pleadings, or is certified by the court to have come in question upon the trial;

Second. In actions for fines and forfeitures, and the actions provided for in chapters thirty-five and thirty-six of this title;

Third. In an action involving an open mutual account, where it appears to the satisfaction of the court that the sum total of such accounts of both parties exceeds one hundred and fifty dollars; Fourth. In an action for the recovery of personal property; Fifth. In an action not herein before specified, for the recovery of money or damages, when the plaintiff shall recover fifty dollars or

more.

But in an action for assault, battery, false imprisonment, libel, slander, malicious prosecution, criminal conversation, seduction, or