SEC. 380. 381. Of a person for whose immediate benefit the action is prosecuted or defended. CHAPTER IV.-Of Affidavits. 382. Before whom affidavits to be used in courts must be taken. 383. An affidavit taken in another state or territory. 384. An affidavit taken in a foreign country. 385. When the genuineness of the signature of the officer shall be certified to. CHAPTER V.-Depositions taken in this Territory. 386. Of the taking of the testimony of a witness by deposition. CHAPTER VI.-Of Depositions taken out of the Territory. 390. When the testimony of a witness out of the territory may be taken. 391. How and by whom to be taken. 392. Questions to be put on examination, and how determined. 393. Manner of conducting the examination by the commissioner. 394. A trial or other proceeding not to be postponed if commission be not returned. CHAPTER VII.-Proceedings to Perpetuate Testimony. 395. Testimony may be perpetuated. 396. The applicant shall produce an affidavit to the court stating. 397. Upon proof of service of notice the judge shall proceed to take depositions. 398. Manner of conducting the examination. 399. Affidavits or other proof filed with deposition to be evidence of facts stated. 400. If a trial had been between persons named in the petition as parties expectant. CHAPTER VIII.—Administration of Oaths and Affirmations. 401. Who shall have power to administer oaths or affirmations. 402. When the person sworn believes in any other than the Christian religion. 403. Of affirmation. CHAPTER IX.-Inspection of Documents, and of Records and Writings. 404. Of the granting an inspection and copy of any book, document or paper. 410. A copy of the judicial record of a foreign country shall also be admissible. TITLE XIII-Writ of Certiorari and Mandamus.-CHAPTER I.-Writ of Certiorari. 413. Writ of certiorari a writ of review. 414. Who can grant it and in what cases. 415. Application shall be on affidavit; notice may be required. 416. To whom writ may be directed. 417. What it shall command the party to do. 418. If a stay of proceedings be not intended. 419. Writ to be served same as summons in civil action. 420. The review on this writ shall not extend. 421. Proceedings upon return of the writ. 422. A copy of the judgment shall be transmitted. CHAPTER II.-Writ of Mandate or Mandamus. 424. The writ of mandamus a writ of mandate. SEC. 426. 427. Where it shall be issued. The writ shall be either alternative or peremptory. 428. When application is made without notice; when with; default; the hearing. 429. Party on whom writ is served may show cause as on answer to a complaint. 430. If an answer be made which raises a question as to a matter of fact essential. 431. On trial applicant shall not be precluded by answer of objection to sufficiency. 432. If either party be dissatisfied with the verdict of the jury. 433. If no notice of motion for new trial be given, or if given denied. 434. Of the nature of the answer made, and the hearing. 435. If the judgment be given for the applicant. 437. If a peremptory mandate directed to an inferior body be disregarded. TITLE XIV.-Of Contempts and their Punishments. 438. Acts or omissions that shall be deemed contempts. 439. When a contempt is committed in the immediate presence of the court. 440. When not committed in the immediate view and presence of the court. 441. When warrant of attachment is issued the person charged may be bailed. 442. Upon executing the warrant of attachment the sheriff shall keep, etc. 443. When a direction to let the person to bail is contained in the warrant. 444. The officer shall return the warrant of arrest. 445. When the person arrested has been brought before the court. 446. Upon the answer and evidence the court shall determine as to guilt of party. 447. When contempt consists in omission to perform an act yet in his power. 448. Persons proceeded against shall also be liable if it be an indictable offense. 449. When a warrant has been returned served and the party do not appear. 450. Whenever an officer is required to keep in custody the person arrested. 451. Judgment and order of court in such cases shall be final. TITLE XV.-Of Costs. 452. The measure and mode of compensation of attorneys and counselors. 454. Cost shall be allowed plaintiff upon a judgment in his favor. 455. Of costs when several actions are brought on one undertaking, note, etc. 456. Costs shall be allowed, of course, to defendant upon judgment in his favor. 457. Costs in other actions than those mentioned in section four hundred fifty-four. 458. When there are several defendants in actions, not united in interest, etc. 459. Cases where costs of appeal or writ of error shall be at discretion of court. 460. Fees of referees definitely fixed. 461. Of costs when application is made to postpone trial. 462. When in an action for the recovery of money only, defendant alleges a tender. 463. Costs in an action prosecuted or defended by an executor or administrator. 464. When the decision of a court of inferior jurisdiction, in a special proceeding. 465. The party for whom judgment is given and who claims his costs. 466. What the clerk shall include in the judgment entered by him. 467. When the plaintiff resides out of the territory, or is a foreign corporation. 468. Each of the sureties mentioned shall annex an affidavit, etc. 469. The court may order the action dismissed. TITLE XVI.-Motions, Orders, Service of Papers, Etc. 470. An order defined; an application is a motion. 472. When a written notice of motion is necessary, it shall be given. 473. When a notice of motion is given, or an order to show cause is made, etc. 474. How written notices and papers to be served upon the party, shall be served. 477. In case of service by mail, how it shall be done. 478. When a defendant shall be deemed to appear in an action. 479. When plaintiff or defendant who has appeared resides out of the territory. 480. Successive actions may be maintained upon the same transaction. 481. When two or more actions are pending at same time between same parties. 482. What an action may be brought for. 483. The clerk shall keep two registers, one for action at law and one for chancery. 485. Time within which an act is to be done. 486. An affidavit, notice, or other paper, without title of action shall be valid. 487. Provisions of title one shall be applicable to certain actions. 488. Parties in justices' courts may prosecute or defend in person or by attorney. 490. Judgment upon confession may be entered up in any justice's court. 491. Justices shall have jurisdiction upon the voluntary appearance of all persons. 492. Manner of commencing actions in justices' courts. 493. Of the appointment of a guardian when necessary. 494. To whom summons shall be addressed, and what require. 495. The time mentioned for appearance of defendant and time of service shall be. 497. If the person upon whom service is to be made resides out of the territory. 499. What the party applying shall do before an order of arrest shall be made. 501. The officer making the arrest shall forthwith notify the plaintiff thereof. 503. The defendant on his appearance may demand immediate trial; proceedings. 505. In an action upon a contract, expressed or implied, the plaintiff may, 506. Writ to attach property of defendant to be issued by justice. 507. Before issuing writ, justice to require written undertaking. 508. Writ may be directed to sheriff or any constable. etc. 509. Certain sections of this act applicable to attachments in justices' courts. 511. When delivery claimed affidavit to be made by plaintiff. 512. Justice to order sheriff or constable to take same and deliver to plaintiff. 513. Upon receipt of affidavit and order officer to take property. 514. Defendant may give notice of exception to sufficiency of sureties. 515. Defendant may require return before delivery to plaintiff. 516. Defendant's sureties to justify before justice. 517. If property concealed, officer to publicly demand delivery. 518. Property taken to be kept in secure place. 519. When property claimed by other person than defendant. 520. Officer to return order and affidavit to justice. 521. Qualification of sureties. 522. For purposes of justification, sureties to attend before justice. CHAPTER III.-Pleadings and trial. 524. Pleadings in justices' courts. 525. Pleadings shall be in writing. 527. What complaint to state. 528. Answer to contain denial of material facts stated in complaint. 529. Statement in answer that party has not sufficient knowledge to form a belief, 530. When cause of action, or counterclaim arises, party to deliver copy of account to court. 531. When plaintiff shall be deemed to admit genuineness of signatures. 532. Either party may object to a pleading of his adversary. 533. Variance between proof and allegations immaterial. 534. When pleadings may be amended. 535. Parties shall not raise question of title before a justice. 586. When action to be transferred to another justice. SEC. 537. When trial may be adjourned. 538. When adjournment may be had. 539. Adjournment limited to ten days. 540. If plaintiff fail to appear, action shall be dismissed. 511. When judgment shall be given. 542. Trial by jury shall be demanded at time of joining issue. 543. Justice shall call names of persons to constitute jury; number of. 544. When not sufficient number of jurors, justice to summon others. 545. Either party may challenge jurors. CHAPTER IV.-Judgment and Execution. 546. When judgment may be entered with costs without prejudice to new action 547. When defendant fails to appear, judgment shall be given for plaintiff. 548. If jury trial not demanded, justice to decide all questions of fact and law. 549. Upon verdict, justice shall immediately render judgment accordingly. 550. When amount found due exceeds sum for which justice is authorized to enter judgment, excess may be remitted. 551. If defendant, before trial, offer to allow judgment for a specified sum, plaintiff may immediately have judgment. 552. Where defendant subject to arrest and imprisonment, to be so stated in judgment. CHAPTER V.-General Provisions. 558. Provisions of this act shall be applicable to justices' courts. 559. Every justice to keep a docket. 561. Docket to have an alphabetical index. 562. Justice to deposit docket with his successor. 563. Successor may issue execution upon unsatisfied judgment. 564. Justice elected to fill vacancy shall be deemed successor. 565. Probate judge to decide when two or more are equally entitled. 566. How papers shall be filled up. 567. In case of sickness of justice, who may attend in his behalf. 568. Justice may depute any discreet white male citizen. 569. Person so deputed to have authority of a constable. 570. Constable may complete execution of process after his term of office has expired. 571. Whom justice may punish as for contempt. 572. Contempt may be punished summarily. 573. Conviction to be entered in docket. 574. Justices may issue subpoenas. 575. Justices may issue commissions to take depositions of witnesses out of this Territory. 576. Proof in actions respecting mining claims. 577. When new trial may be granted. 578. Application shall be made upon affidavit and notice. 579. Party dissatisfied with judgment may appeal to district court. 580. Party appealing to prepare statement and file same with justice. 581. When party appeals on questions of law and fact, action to be tried anew. 582. Justice to transmit copy of his docket to district court. 583. An appeal from a justice's court not effectual unless an undertaking be filed. 584. If an execution be issued on the filing, staying proceedings, the justice shall. 585. Costs to be allowed to the prevailing party. 586. Justices shall receive from officers all moneys collected, and pay same over. 587. Justices may in all cases require a deposit of money or undertaking for costs. 588. Provisions of certain sections to be applicable to justices' courts. TITLE XVIII.--Miscellaneous Provisions. SEC. 589. Supreme court may make rules for its own and district courts' government. Words used in this act, how to be construed. 592. In all cases where an undertaking with sureties is required, etc. 593. In actions respecting mining claims, the justice shall have power, etc. What the receiver shall do; his compensation. 595. Of the issuing and hearing of writs of certiorari and mandamus. 596. Property taken under writ may be sold and proceeds deposited to abide suit. 603. Intervention shall be by petition or complaint filed in the court, etc. 604. Intervention to be determined at same time as the action; if the claim fails. 605. On trial in a court of record a reporter may be appointed. 606. Of the taking of depositions in case of postponement of trial in a court of record. 608. Concerning Courts of Justice and Judicial Officers. What shall constitute the courts of justice of this territory. Supreme Court. 609. Of the appellate jurisdiction of the supreme court, and place of sessions. District Courts. 610. The territory to be divided into three judicial districts. 611. There shall be a judge for each district; their courts the district courts. 613. When have original jurisdiction. 614. When appellate. 615. They shall have all necessary power. 616. Of terms and time, and place of holding same. 617. Of the transacting of business in chambers. 618. When a probate court has concurrent jurisdiction cause may be transferred. The Probate Courts. 620. There shall be a probate court in each county. 621. Of the powers of the probate court. 622. The judge shall have power in vacation. 623. When have concurrent jurisdiction with district court; suits of certiorari, etc. 625. If court should not be held on first day of term, court stands adjourned. 630. Of juries, their qualifications, when summoned, and their fees. Justices' Courts. 632. What are justices' courts; no past or present proceeding to be impaired. 637. Before entering upon discharge of duties, justices shall qualify and give bonds. |