tion was required to state all of such conditions separately and to show in each instance that such condition had been performed. In actions for libel and slander no extrinsic facts need be stated to show the application of defamatory words to the plaintiff, but it is sufficient to state generally that they were published or spoken concerning the plaintiff." 33 SECTION 10. NOTICE OF PENDENCY OF ACTION. At common law the pendency of a suit affecting the title to real estate was notice to the world, and persons dealing with such property in good faith and in ignorance of the existence of the suit took the same subject to the result of the litigation, although nothing appeared in the office where transfers of real estate were recorded to show that a suit affecting the title to the property was pending. The following provision of the codes provides for such notice: "In an action affecting the title or the right of possession of real property, the plaintiff at the time of filing the complaint, and the defendant, at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterward, may record in the office of the recorder of the county in which the property is situated a notice of the pendency of the action, containing the names of the parties and the object of the action or defense, and a description of the property in that county affected thereby. From the time of filing such notice for record only shall a purchaser or encumbrancer of the property affected N. Y. Code Civ. Pro., Sec. 535; Cal. Code Civ. Pro., Sec. 460. Vol. XI.-7. thereby be deemed to have constructive notice of the pendency of the action." 34 At common law a suit is commenced by the issuance of a writ or summons, and in chancery proceedings by the filing of a bill of complaint. Under the codes suit is commenced in some states by filing a complaint,35 in other states by the issuance of a summons.36 38 In some states the summons is issued by the clerk of the court in which the action is brought;" in others it may be issued by the plaintiff's attorney. In some states the summons must be served by the sheriff; 39 in others it may be served by any person not a party to the action.40 34 N. Y. Code Civ. Pro., Secs. 1670, 35 Cal. Code Civ. Pro., Sec. 405; 37 Cal. Code Civ. Pro., Sec. 405; CHAPTER I. THE FEDERAL COURTS. SECTION 1. CONSTITUTIONAL PROVISIONS. The constitutional provisions relative to the Federal Courts have been already considered under the subject of Constitutional Law.' Some slight repetition, however, is necessary at the beginning of the present subject. The third article of the Constitution is devoted to the judicial department. The first section provides for the establishment of the courts, and is as follows: "The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and Inferior Courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office." A distinction is to be noticed between the provision for the Supreme Court and that for the Inferior Courts of the United States; the former was created directly by the Constitution, while the establishment of the latter was made optional with Congress. The grant of judicial power to the United States Government is contained in the second section of the third article of the Constitution, which is as follows: "The judicial power shall extend to all cases in law and equity arising under this Constitution, 1 Volume II, Sub. 3. |