CHAPTER XII.

CORPORATIONS CHATTEL MORTGAGES - INTEREST.

CORPORATIONS.

There is no individual liability of stockholders for indebtedness of a corporation, beyond the amount of the unpaid stock which they hold.

CHATTEL MORTGAGES.

All personal property may be pledged or mortgaged, and such mortgage must be foreclosed promptly when due. No chattel mortgage can be made for a longer period than twelve months.

INTEREST AND USURY.

The legal rate of interest is ten per cent., but any rate for which parties may contract is collectable. There is no usury law.

CHAPTER XIII.

INSOLVENCY.

There is no insolvency law in this Territory.

CHAPTER XIV.

COMMERCIAL TRAVELERS' LICENSE.

pay

The Commercial Travelers' Act, passed at the extraordinary session, A. D. 1879, provides that every commercial traveler, agent, drummer, or other person selling, or offering to sell any goods, wares, or merchandise, to be delivered at some future time, shall a license therefor into the County Treasury of twenty-five dollars in each county wherein he may transact business. The license authorizes the person to whom it is issued to carry on his business in such county for the period of three months from the date of its issuance. It is made the duty of all Justices of the Peace, Constables, Sheriffs, and other peace officers, to demand the license of every person who is selling, or offering to sell, goods in his county; and if such person is found not to have a license, or if, upon demand made, he does not exhibit the same, he is to be deemed guilty of a misdemeanor, and, upon conviction thereof before any Court of competent jurisdiction, shall be fined in any sum not less than fifty dollars, nor more than one hundred dollars.

PART IX.

ARIZONA TERRITORY.

CHAPTER I.

COURTS AND THEIR JURISDICTION.

The following are the Courts of justice for the Territory:

1. The Supreme Court. 2. The District Courts. 3. The Probate Courts. 4. The Justices' Courts.

The Supreme Court has appellate jurisdiction in all cases wherein the legality of any tax, toll, impost, or municipal fine is in question. It also has jurisdiction to review upon appeal

First A judgment in action or proceeding commenced in a District Court, or brought into that Court from another Court, where the matter in dispute exceeds one hundred dollars, or when the possession of, or title to, lands or tenements is in controversy; and to review upon the appeal from such judgment any intermediate or collateral order of the Court or Judge at Chambers, involving the merits and necessarily affecting the judgment.

Second-An order granting or refusing a new trial, sustaining or overruling a demurrer, or affecting a substantial right in an action or proceeding.

This Court may reverse, affirm, or modify the judgment or order

appealed from; as to any or all the parties, and may, if necessary, order a new trial.

When the judgment or order is reversed or modified, this Court may make complete restitution of all property and rights lost by the erroneous judgment or order.

The District Courts have jurisdiction as follows:

Original jurisdiction in all civil cases where the amount exceeds one hundred dollars, exclusive of interest, and in cases involving the title or possession of real property.

Appellate jurisdiction in Justice-Court actions, and orders of judgments of the Probate Courts in certain cases.

The Probate Courts have jurisdiction of estates of deceased persons.

Justices' Courts have jurisdiction as follows:

1. Of an action arising on contract for the recovery of if the sum claimed does not exceed three hundred dollars.

money only,

2. Of an action for damages for injury to the person, or for taking or detaining personal property, or for injuring real or personal property, if the damages claimed do not exceed three hundred dollars.

3. Of an action upon a bond conditioned for the payment of money not exceeding three hundred dollars, though the penalty exceed that sum, the judgment to be given for the sum actually due; when the payments are to be made by installments, an action may be brought for each installment as it becomes due.

4. Of an action for the foreclosure of any mortgage, or the enforcement of any lien on personal property, where the debt secured does not exceed three hundred dollars.

5. Of an action to recover personal property, when the value of such personal property does not exceed three hundred dollars.

Their jurisdiction does not extend to civil actions in which the title to real property is brought in question; nor to an action or proceeding against ships, vessels or boats, or against the owners or masters thereof, when the suit or proceeding is for the recovery of wages for a voyage performed, in whole or in part, without the waters of this Territory.

CHAPTER II.

TERMS OF COURTS-WHEN AND WHERE HELD.

The Supreme Court is held at the seat of government, (now Prescott) commencing on the first Monday in January of each year. The District Courts in the several counties are, held as follows: 1. County of Pima, on the second Monday in March, and the second Monday in September.

2. County of Yuma, on the second Monday in March, and the second Monday in November.

3.

County of Yavapai, first Monday in June, and first Monday in November.

4.

County of Maricopa, on the first Monday in April, and second Monday in October.

5. County of Mohave, on the first Monday in May, and first Monday in October.

6. County of Pinal, on the second Monday in April, and the second Monday in October.

District Court is held at the county seat of each county.

Probate Court is held at the county seat of each county, on the first Monday of January, April, July and October, in each year, and the Judge may hold such adjourned or special terms as he thinks proper.

Justices' Courts are always open for the transaction of business.