trial which would be chargeable to the county in which the Expenses suit originated, had the cause been tried therein, as determined of trial. by the circuit judge of the county to which said cause has been transferred, shall be a charge upon the county in which the suit was commenced.

Transfer of Causes.

transferred.

SEC. 3. Whenever any civil suit or proceeding shall be When cause pending in any circuit court in this State, either on the law may be or equity side of said court, in which the judge of said court shall be interested as a party, or as a member of any corporation which is a party to said suit, or has heretofore been consulted or employed as counsel in the subject matter to be litigated in said suit, or in which for any other reason he would be excluded from sitting as judge at the trial thereof the same may be transferred to some other circuit court in the manner hereinafter provided, or the judge of the circuit May call in court in which such suit is pending may call in any other judge not disqualified to sit in such cause.

other judge.

for transfer.

SEC. 4. Any party desiring to transfer any such suit or Application proceeding as hereinbefore mentioned, may apply to the judge of any adjoining circuit, who is not within the disqualifications mentioned in the preceding section, for an order to transfer such suit; such application shall be in writing and shall set forth specifically the grounds for such transfer. The parties to any such suit may, by stipulation in writing, Transfer by consent to the transfer of such suit or proceeding without any application to the judge, in which case the stipulation shall have the same effect as an order duly made for such transfer.

stipulation.

SEC. 5. On receiving such application the judge shall ap- Hearing. point a time and place of hearing the same, and shall from time to time, as may be necessary, direct the manner in which notice of such hearing shall be given to all parties interested Notice. in such application.

SEC. 6. On the day appointed for such hearing or on some Order other day to which said hearing may be adjourned, when it for transfer. shall appear that the notice of such hearing has been duly given, the judge shall proceed to hear and determine the application for such transfer, and for this purpose may issue subpoenas for witnesses, and require their attendance as in other cases, and he shall hear the proofs and allegations of the parties touching the application before him, and if he shall be satisfied that the judge of the circuit court where such suit is pending is disqualified to sit in said cause within the intent and meaning of section three of this chapter, he shall grant an order for the transfer of said cause or proceeding to the circuit court of some other county, which county shall be specified in said order.

tion of court

SEC. 7. In case the parties to said suit or proceeding shall Determinaby stipulation in writing or otherwise agree upon the cir- for trial. cuit court of the county to which said cause shall be trans

Jurisdiction of court to which transferred.

Notice

of transfer.

Clerk or register to transfer papers and copies of records.

Effect of files and copies.

Fees of clerk.

ferred, said circuit judge shall make an order of transfer in accordance therewith; but if no such agreement be reached said judge shall hear such proofs as may be offered by the parties, and such suit or proceeding shall be transferred to the circuit court of the county in which the same can be tried with the most convenience, expedition and economy to the parties interested, and in which the circuit judge shall not be disqualified to sit within the provisions of section three of this chapter.

SEC. 8. On filing the order of the judge granted as aforesaid in which the proceedings before said judge shall be briefly recited, with the clerk of the court to which said suit or proceeding is by said order directed to be transferred, the said court shall have jurisdiction of the same to the same extent as if said cause or proceeding had been legally commenced in said court and may grant such orders as may be necessary to procure the transfer of the existing files and orders in said cause or proceeding to said court, and to cause due notice of such transfer to be made.

SEC. 9. Upon delivering to the clerk of the court where said cause or proceeding was pending before said transfer, a copy of said order of transfer duly certified by the clerk of the court in which said order shall be filed, the said clerk to whom said certified copy shall be delivered, shall attach together the originals of all the papers filed in said suit or proceeding, and shall make true copies of all the orders made therein, and which are entered upon books of record in said court, and shall transmit the same, certified under his hand and seal to be the originals of such files and true copies of such orders, to the clerk of the court in which said order of transfer shall have been filed; which files and copies when so filed and deposited in the office of the clerk to whom said transfer is to be made, shall have the same force and effect in all respects, and shall be subject to the rules and orders of. said court as other original proceedings therein.

SEC. 10. The clerk who shall be required under the provisions of the preceding section to transmit the files and orders in any cause or proceeding, as herein provided, shall be entitled to six cents per folio for all copies of orders and proceedings which shall be necessarily made, and one dollar in addition thereto, which shall be in full for all services rendered under said section.

Division of actions.

Actions retained.

CHAPTER XI.

Forms of Actions..

SECTION 1. Civil actions are divided into equitable actions and actions at law. The following actions at law are retained, namely, actions of assumpsit, trespass on the case, replevin, ejectment, certiorari, mandamus and quo warranto. All other forms of actions at law are abolished. In all cases where

the actions of covenant or debt would be otherwise maintainable, the action of assumpsit shall hereafter be brought, and Assumpsit. in all cases where actions of trespass or trover would be otherwise maintainable, the action of trespass on the case shall be Trespass brought Provided, however, That in case of trespass on lands, Proviso,

on case.

forfeitures.

and in cases where an action on the case for fraud or deceit either action. may by law be brought, and in cases of the conversion of personal property into money, the plaintiff may bring and maintain either an action of assumpsit, or an action of trespass on the case. In all cases not otherwise specially provided for by law, where a pecuniary penalty or forfeiture shall be in- Penalties or curred by any person, and the act or omission for which the same is imposed, shall not also be a misdemeanor, such penalty or forfeiture may be recovered in an action of assumpsit. In all such cases where assumpsit is brought, a promise shall Promise be implied by law to pay all just damages sustained by plaintiff and may be so declared upon. Actions pending at the time this act takes effect shall not in any wise be affected by the provisions of this section.

implied.

suits and

of court.

SEC. 2. If at any time it appear that a suit commenced in Transfer of equity should have been brought as an action on the law actions to side of the court, or if it appear that an action commenced proper side on the law side of the court should have been brought in equity, it shall be forthwith transferred to the proper side, and be there proceeded with, with only such alteration in the pleadings as shall be essential.

CHAPTER XII.

Parties to Actions.

defendant.

SECTION 1. In civil actions, both at law and in equity, the Plaintiff and party bringing the action shall be described as plaintiff, and the party against whom the action is brought shall be described as defendant.

name actions

actions on

SEC. 2. Every action shall be prosecuted in the name of the In whose real party in interest, but an executor, administrator, guar- brought. dian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party expressly authorized by statute, may sue in his own name without joining with him the party for whose benefit the action is brought: Provided, That any person to Proviso. whom a cause of action shall accrue upon the bond of any official bonds. public officer, required to give bond to the people of this State, may prosecute a suit for recovery on said bond in his own name: Provided further, That actions upon any bond, Further contract or undertaking lawfully made with any officer of actions on this State, or of any county, township, school district, city personal or village, or to enforce any liability or any duty enjoined by law to said officer, shall be brought in the corporate name of the body for whose benefit such contract was made, or such liability or duty enjoined.

proviso,

bonds.

Actions in

corporate

name.

SEC. 3. Any suit or proceeding brought for the enforcement of any corporate liability against any of the corporate bodies, enumerated in the second proviso of section two of this chapter, shall be brought against them in their corporate name; but any suit or proceeding brought to enforce the performance against public of an official duty on the part of any officer of any such corporate body, shall be brought against such officer in his official capacity.

Actions

officers.

Limited partnerships.

Married woman.

May sue or be sued as if sole.

Husband and wife.

Death, etc., of public officer

to abate suit.

SEC. 4. Suits by and against limited partnerships shall be subject to the provisions of section eighteen of chapter thirtythree of the Revised Statutes of eighteen hundred forty-six, the same being compiler's section six thousand seventy-two of the Compiled Laws of eighteen hundred ninety-seven.

SEC. 5. Actions may be brought by and against a married woman in relation to her sole property, in the same manner as if she were unmarried, and in cases where the property of the husband cannot be sold, mortgaged or otherwise encumbered. without the consent of his wife, to be given in the manner prescribed by law, or when his property is exempted by law from sale on execution or other final process issued from any court against him, his wife may bring an action in her own name, with the like effect as in cases of actions in relation to her sole property as aforesaid.

SEC. 6. Whenever a cause of action shall accrue to, or arise against any married woman, she may sue or be sued in the same manner as if she were sole.

SEC. 7. No suit shall be brought against husband and wife, jointly, or against the husband alone, for any tort of the wife, unless such tort was committed under such circumstances as to render them both liable.

SEC. 8. When an action is authorized or directed by law to or trustee not be brought by or in the name of a public officer, or by any trustee appointed by virtue of any statute, his death or removal shall not abate the suit, but the same may be continued by his successor, who shall be substituted for that purpose by the court and a suggestion of such substitution shall be entered on the record.

Superintendents of poor.

Plaintiffs and defendants in equitable actions.

Necessary parties. United

interests.

Intervention.

SEC. 9. Causes of actions accruing to or against the superintendent of the poor of any county, shall be prosecuted by or against such superintendents of the poor in their corporate

name.

SEC. 10. In all equitable actions, all persons having an interest in the subject of the action and in obtaining the relief demanded, may join as plaintiffs, and any person may be made a defendant who has or claims an interest adverse to the plaintiff. Any person may at any time be made a party if his presence is necessary or proper to a complete determination of the cause. Persons having a united interest must be joined on the same side as plaintiffs or defendants, but when any one refuses to join, he may for such reason be made a defendant.

SEC. 11. In an action either at law, or in equity, anyone claiming an interest in the litigation may, at any time, be

permitted to assert his right by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding.

porated

SEC. 12. Whenever any unincorporated voluntary associa- Unincortion, club or society, shall be formed in this State, composed voluntary of five members or more, having some distinguishing name, associations. actions at law or in chancery may be brought by or against such association, club or society by the name by which it is known: Provided, That this section shall not take away the Proviso, right of the litigant to proceed against all the members of members. such association, club or society, if such litigant shall so

elect to proceed.

right to sue

mis-joinder.

SEC. 13. No action at law or in equity shall be defeated by Non-joinder or the non-joinder or mis-joinder of parties. New parties may be added and parties mis-joined may be dropped, by order of the court, at any stage of the cause, as the ends of justice may require.

etc.

SEC. 14. No change in parties, made by order of court, shall Change in parties not to impair any previous attachment of the estate or body of any impair attachperson remaining a defendant in the action; nor impair bonds ment, bonds, or recognizances of any person remaining a party either as against himself or his sureties; nor impair receipts to an officer for property attached; and, when parties are changed, New bonds if the court may order new bonds if such new bonds are deemed necessary. Orders of court concerning change in parties may Changes made be upon terms at the discretion of the court.

necessary.

upon terms.

SEC. 15. It shall be lawful for any plaintiff to include in Joinder of one action as defendants, all or any of the parties who may defendants. be severally, or jointly and severally liable, and to proceed to judgment and execution according to the liability of the parties.

or note.

SEC. 16. The rights and responsibilities of the several Rights of parties to any bill or note, as between each other, shall re- parties to main the same as they now are by law; saving only the rights of the plaintiff, so far as they shall be determined by the judgment.

SEC. 17. All Indians shall be capable of suing and being Indians. sued, in any of the courts of this State in like manner and with the same effect, as other inhabitants thereof, and shall

be entitled to the same judicial rights and privileges.

SEC. 18. A foreign corporation created by the laws of any Foreign other state or country, may prosecute in the courts of this corporations. State, in the same manner as corporations created under the laws of this State, upon giving security for the payment of the costs of suit, in the same manner that non-residents are Security required by law to do.

for costs.

acts, no

upon.

SEC. 19. But when, by the laws of this State, any act is for- Forbidden bidden to be done by any corporation, or by any association action may be of individuals, without express authority by law, and such maintained act shall have been done by a foreign corporation, it shall not be authorized to maintain any action founded upon such act, or upon any liability or obligation, express or implied,