ful performance of said trust; and the assignee may thereupon proceed to perform any duty necessary to carry into effect the intention of said assignment.

The assignee shall forthwith give notice of such assignment by publication in some newspaper in the county, if any, and if none, then in the nearest county thereto; which publication shall be continued at least six weeks, and shall forthwith serve a notice by mail to each creditor of whom he shall be informed, directed to their usual place of residence, and notifying the creditors to present their claims, under oath, to him within three months thereafter.

At the expiration of three months from the time of first publishing notice, the assignee shall report and file with the Clerk of the Court a true and full list, under oath, of all such creditors of the assignor as shall have claimed to be such, with a statement of their claims, and also an affidavit of publication of notice, and a list of the creditors, with their places of residence to whom notice has been sent by mail, and the date of mailing, duly verified.

Any person interested may appear within three months after filing such report, and file with said Clerk any exceptions to the claim or demand of any creditor, and the Clerk shall forthwith cause notice thereof to be given to the creditor, which shall be served as in case of a summons, returnable at the next term; and the said Court shall, at such term, proceed to hear the proofs and allegations of the parties in the premises, and shall render such judgment thereon as shall be just, and may allow a trial by jury thereon.

If no exception be made to the claim of any creditor, or if the same has been adjudicated, the Court shall order the assignee to make, from time to time, fair and equal dividends among the creditors of the assets in his hands in proportion to their claims, and as soon as may be, to render a final account of said writ to said Court, who may allow such commissions to said assignees in the final settlement as may be considered just and right.

The assignee shall at all times be subject to the order of the Court or Judge; and the said Court or Judge may, by citation and attachment, compel the assignee, from time to time, to file reports of his proceedings, and of the situation and condition of the trust, and to proceed in the faithful execution of the duties required by this Act. No assignment shall be declared fraudulent or void for want of

any bill or inventory as provided in the Act. The Court or Judge may, upon application of the assignee, or any creditor, compel the appearance in person of the debtor before such Court or Judge forthwith, or at the next term, to answer under oath such matters as may then and there be inquired of him; and such debtor may then and there be fully examined under oath as to the amount and situation of his estate, and the names of the creditors and amounts due to each, with their places of residence, and may compel the delivery to the assignee of any property or estate embraced in the assignment.

The assignee shall, from time to time, file with the Clerk of the Court, an inventory and valuation of any additional property which may come into his hands under said assignment after the filing of the first inventory, and the Clerk may thereupon require him to give additional security.

Any creditor may claim debts to become due, as well as debts due, but on debts not due a reasonable abatement shall be made when the same are not drawing interest; and all creditors who shall not exhibit their claims within the term of three months from the publication of notice as aforesaid, shall not participate in the dividends until after payment in full of all claims presented within said time and allowed by the Court.

Any assignee as aforesaid, shall have as full power and authority to dispose of all estate, real and personal, assigned, as the debtor had at the time of assignment, and to sue for and recover in the name of such assignee.everything belonging or appertaining to said estate, and generally do whatsoever the debtor might have done in the premises; but no sale of real estate belonging to said trust shall be made without notice, published as in case of sales of real estate on execution, unless the Court shall order and direct otherwise.

In case any assignee shall die before the closing up of his trust, or in case any assignee shall fail or neglect, for the period of twenty days after the making of any assignment, to file an inventory and valuation, and give bonds as required by this Act, the Circuit Court, or Judge thereof, of the county where such an assignment may be recorded, on the application of any person interested, shall appoint some person to execute the trust embraced in such assignment, and such person on giving the bond, with sureties, as required above of

the assignee, shall possess all the powers conferred on such assignee, and shall be subject to all the duties hereby imposed as fully as though named in the assignment; and in case any security shall be discovered insufficient, or on complaint before the Court or Judge, it should be made to appear that any assignee is guilty of wasting or misapplying the trust estate, said Court or Judge may direct and require additional security, and may remove such assignee, and may appoint others instead; and such person so appointed, on giving bond, shall have full power to execute such duties, and to demand and sue for all estate in the hands of the person removed, and to demand and recover the amount and value of all moneys and property or estate so wasted and misapplied, which he may neglect or refuse to make satisfaction for, from such person and his sureties.

PART VI.

IDAHO TERRITORY.

PREPARED EXPRESSLY FOR THIS WORK BY JONAS W. BROWN, IDAHO CITY.

CHAPTER I.

COURTS, THEIR JURISDICTION AND TERMS.

The judicial power of the Territory is vested in a Supreme Court, three District Courts, Probate Courts for each County, and Justices of the Peace.

THE SUPREME COURT

Has appellate jurisdiction in all civil cases where the amount in dispute exceeds in value one hundred dollars, and in all criminal cases tried in District Courts. Meets at Boise City annually, on the first

Monday of January.

DISTRICT COURTS

Have original jurisdiction in all civil cases where the amount in dispute exceeds one hundred dollars, and in all criminal cases prose