CHAPTER XXI.

INTEREST AND USURY.

Ten per cent. per annum interest is allowed on debts due, where no contract as to interest exists. There is no usury statute, and parties are at liberty to contract for rates of interest without limit, and any agreed rate is collectible.

CHAPTER XXII.

INSOLVENCY.

There is no insolvency law in this Territory.

PART XI.

WASHINGTON TERRITORY.

PREPARED EXPRESSLY FOR THIS WORK BY GEO. T. THOMPSON, WALLA WALLA.

CHAPTER I.

COURTS AND THEIR JURISDICTION.

The Territory is divided into three judicial districts, each having a Judge, who together compose the Supreme Court.

The Supreme Court has appellate jurisdiction only, and causes are removed to it from the District Courts by writs of error or appeals.

The several District Courts have general common law and chancery jurisdiction, in all matters where the amount in controversy exceeds one hundred dollars. They have also general jurisdiction in causes arising under the laws of the United States, and in admiralty and bankruptcy.

There is a Probate Court in each county, holding six terms each per annum, having statutory jurisdiction in all matters pertaining to decedent's estates, and the guardianship and estates of minors and insane persons. They have no common law jurisdiction except

such as is strictly necessary to carry out and enforce that defined by statute.

Justices of the Peace have jurisdiction coextensive with the limits of their respective counties, over all causes arising on contract for the recovery of money only, when the sum claimed does not exceed one hundred dollars, and in actions for damages for injury to person or property, or for taking or detaining or injuring personal property, if the damages claimed do not exceed one hundred dollars; also in actions to recover the possession of personal property where the value does not amount to one hundred dollars; also in actions on undertakings or bonds, when the penalty or amount claimed does not exceed one hundred dollars; also in actions for the foreclosure of mortgages, or the enforcement of liens on personal property, when the debt secured does not exceed one hundred dollars; also in actions for damages for fraud and deceit in the sale, purchase or exchange of personal property, when the damages claimed do not exceed one hundred dollars; also in actions of forcible entry and detainer; also in actions to try the right of possession to mining claims. They may also take and enter judgment on the confession of a defendant, or upon default for a failure to appear or answer.

CHAPTER II.

TERMS OF COURTS WHEN AND WHERE HELD.

The Supreme Court holds one term in each year, at Olympia, commencing on the second Monday of July.

The District Court of the First Judicial District, Hon. S. C. Wingard, Judge, is held for the county of Walla Walla at Walla Walla City, on the first Monday of May and second Monday of November; for the county of Yakima, at Yakima City, on the first Monday of October of each year; for the county of Whitman, at Colfax, on the first Monday of June and second Monday of December of each year; for the county of Columbia, at Dayton, on the third Monday of June and second Monday of January; for Stevens county, at Fort Colville, on the second Monday of August.

The District Court of the Second Judicial District, Hon. R. S. Green, Judge, is held for the counties of Klikitat, Skamania and Clark, at Vancouver, on the Third Monday of March and third Monday of October of each year; for the counties of Cowlitz and Wahkiakum, at Kalama, on the first Monday in January and the fourth Monday in June; for the counties of Thurston, Lewis, Mason and Chehalis, at Olympia, on the first Monday in April and first Monday in December; for the county of Pacific, at Oysterville, on the second Monday of August.

The District Court of the Third Judicial District, Hon. J. R. Lewis, C. J., Judge, is held for the County of Pierce, at Steilacoom, on the second Monday of January and first Monday of August ; for the counties of King and Kitsap, at Seattle, on the fourth Monday of January and third Monday of August; for the counties of Jefferson, Island, San Juan and Clallam, at Port Townsend, on the fourth Monday of February and fourth Monday of September. The District Court for Whatcom County is held at La Connor on the first Tuesday of June and first Tuesday of December.

In addition to the above terms of Court, prescribed by Act of the Legislative Assembly, power is given to the Judges of each District

to appoint, by rule from time to time, two special terms in each year, at which to transact all business, except trials by jury and the hearing causes on their merits.

Terms of the Probate Courts are held at the county seat of each county on the fourth Mondays of January, March, May, July, September and November of each year.

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

CHAPTER III.

COMMENCEMENT OF SUITS-TIME ALLOWED TO

ANSWER.

Actions in the District Courts are commenced by filing the complaint with the Clerk and the issuing a summons thereon at any time within one year of such filing. The defendant is required to answer the complaint as follows: If served within the county where the action is brought, twenty days; if served out of the county but in the district in which the action is brought, thirty days; if served in any other district, forty days; if served by publication, within sixty days from the date of the summons.

If the defendant fails to appear and answer according to the requirements of the summons, the plaintiff is entitled to have the default entered and judgment for the amount specified in the summons, or for the relief prayed for in the complaint. The complaint and all subsequent proceedings in an action, except a demurrer, must be verified by the party (his agent or attorney, in the county where the action is brought), to the effect that he believes it to be true. All common-law forms of pleadings, and all distinctions between law and equity as to form are abolished, and the code system adopted.