cuted by indictment. Their appellate jurisdiction extends to hearing all cases on appeal from Probate Courts and Justices' Courts. They have exclusive jurisdiction in all equity cases, and in all cases involving the title to real estate.

The terms of the District Courts are fixed annually for the several counties by the Supreme Court.

THE PROBATE COURTS

Have judrisdiction in all probate matters, same as in California. They have also concurrent jurisdiction (by special Act of Congress) with the District Courts in all civil actions, when the amount in controversy shall not exceed five hundred dollars, exclusive of interest. The terms of the Probate Courts commence on the fourth Monday in each month.

JUSTICES' COURTS

Have jurisdiction in all civil actions where the sum or damages claimed do not exceed one hundred dollars, excepting matters where the boundaries of land are in dispute. These Courts are always open for business.

CHAPTER II.

COMMENCEMENT OF ACTIONS.

Civil actions in the District Courts and the Probate Courts shall be commenced by the filing of a complaint with the Clerk of the Court in which the action is brought; provided, that after the filing of the complaint, a defendant in the action may appear, answer or demur, whether summons has been issued or not, and such appearance, answer, or demurrer be deemed a waiver of summons.

The Clerk shall indorse on the complaint the day, month and year the same is filed; and at any time within one year after the filing of the same, the plaintiff may have a summons issued. The Act defining jurisdiction of Probate Courts provides that the summons may be issued at any time within six months from the filing of the complaint.

In the District Court the defendant must answer in ten days, if served within the county in which the action is brought; in twenty days if served without the county, but within the judicial district in which the action is brought; in all other cases, thirty days. In the Probate Court, answer must be filed in ten days.

CHAPTER III.

PLACE OF TRIAL OF CIVIL ACTIONS.

Actions for the following causes shall be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the Court to change the place of trial :

1. For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, or for injuries to real property.

2. For the partition of real property.

3. For the foreclosure of a mortgage of real property; provided, when such real property is situate partly in one county and partly in another, the plaintiff may select either of said counties, and the county so selected shall be the proper county for the trial of such action.

Actions for the following causes shall be tried in the county where the cause, or some part thereof, arose; subject to the like power of' Court to change the place of trial:

1. For the recovery of a penalty or forfeiture imposed by a statute, except that when it is imposed for an offense committed on a lake, river, or other stream of water situated in two or more counties, the action may be brought in any county bordering on such lake, river, or other stream, and opposite the place where the offense was committed.

2. Against a public officer, or person especially appointed to execute his duties, for an act done by him in virtue of his office, or against a person who, by his command, or in his aid, does anything touching the duties of such officer.

In all other cases, the action shall be tried in the county in which the defendants, or any of them, may reside at the commencement of the action; or if none of the defendants reside in this Territory, or, if residing in this Territory, the county in which they so reside be unknown to the plaintiff, the same may be tried in any county which the plaintiff may designate in his complaint; and if any defendant

or defendants may be about to depart from the Territory, such action may be tried in any county where either of the parties reside or may be found, or service be had; subject, however, to the power of the Court to change the place of trial, as provided in the act.

CHAPTER IV.

LIMITATIONS OF CIVIL ACTIONS.

Six Years:

Real estate, including quartz mines or lodes, judgments or decrees of any Court of the United States, or of any State or Territory of the United States.

Five Years:

Any contract, obligation, or liability founded upon an instrument of writing.

Four Years:

Contract or liability not founded upon an instrument of writing, including accounts.

Three Years:

Trespass upon real property, taking, detaining or injuring goods or chattels, or for the specific recovery of personal property. on ground of fraud.

Two Years:

Relief

Against a Sheriff, Coroner or Constable upon the liability incurred by the doing of an act officially, or the omission of an official duty; for non-payment of money collected on execution; for libel, slander, assault, battery and false imprisonment. Upon statute forfeiture and against Sheriff or other officer for escape of prisoner arrested or imprisoned on civil process.

Placer mining claims.

One Year:

General Provisions.

An action upon any contract, obligation or liability for the payment of money, founded upon an instrument of writing executed out of this Territory, or any other Territory from which this Territory is in part formed, can only be commenced as follows:

1. Within one year, when more than two and less than five years have elapsed since the cause of action accrued.

An action upon any judgment, contract, obligation or liability for the payment of money or damages, obtained, executed, or made out of this Territory, or any other Territory from which this Territory is in part formed, shall only be commenced within three years after the party making such liabilities shall be a resident of this Territory.

No acknowledgment of promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of the statute, unless the same be contained in some writing signed by the party to be charged thereby.

CHAPTER V.

ATTACHMENTS.

The plaintiff, at the time of issuing the summons, or at any time afterward, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment, in the following cases:

1. In an action upon a contract, express or implied, for the direct payment of money, which contract is not secured by a mortgage,