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the several probate courts, of this territory, shall be courts of record.

Sec. 607. The sittings of every court of justice shall be public, except as provided in the next section.

Sec. 608. In an action for divorce, the court may direct the trial of any issue of fact joined therein to be private, and, upon such direction, all persons may be excluded except the officers of the court, the parties, their witnesses, and counsel.

Sec. 609. Every court shall have power: First. To preserve and enforce order in its immediate presence. Second. To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority. Third. To compel obedience to its lawful judgments, orders, and process, and to the lawful orders of its judge out of court in an action or proceeding pending therein. Fourth. To control, in furtherance of justice, the conduct of its ministerial officers.

Sec. 610. A judge shall not act as such in any of the following cases: In an action or proceeding to which he is a party, or in which he is interested, when he is related to either party by consanguinity or affinity within the third degree, or when he has been attorney or counsel for either party in the action or proceeding.

Sec. 611. A judge shall not act as attorney or counsel in a court in which he is a judge, or in an action or proceeding removed therefrom to another court for review, or in any action or proceeding from which an appeal may lie in his own court.

Sec. 612. A judge of the supreme court, or of the district. court, shall not act as attorney or counsel in any court, except in an action in which he is a party to the record.

Sec. 613. A judge or justice of the peace shall not have a partner acting as attorney or counsel in any court in this territory.

Sec. 614. If an application for an order, made to a judge of a court in which the action or proceeding is pending, be refused, in whole or in part, or be granted conditionally, no subsequent application for the same order shall be made to any other judge, except of a higher court: Provided, That nothing in this section shall be so construed as to apply to motions refused for any informalities in the papers or proceedings necessary to obtain an order.

Sec. 615. A violation of the last section may be punished as a contempt, and an order made contrary thereto may be revoked by the judge who made it, or vacated by a judge of a court in which the action or proceeding is pending.


Sec. 616.


What courts constitute courts of justice.

Sec. 617. Supreme court jurisdiction.

Sec. 618. Territory-how divided.

Sec. 619. District judge for each district jurisdiction.
Sec. 620. Original jurisdiction.

Sec. 621. Appellate jurisdiction.

Sec. 622. Courts and judges have power to issue all writs.
Sec. 623. Terms to be held as provided by law; county to furnish

Sec. 624

rooms, &c.

District judge to transact business at chambers. Sec. 625. Transfer of action from district court to probate court. Sec. 626. Probate court in each county.

Sec. 627. Probate court-power of

Sec. 628. Probate court-jurisdiction of.

Sec. 629. Probate court-when to be open.

Sec. 630. Provisions of act applicable in all probate courts.
Sec. 631. If judge disqualified, case transferred to district court.
Sec. 632. Probate court-judge to be conservator of peace.
Sec. 633. Judge of probate courts have same power as district
courts to grant orders and writs.

Sec. 634. Jurors-how many necessary.
Sec. 635. Clerks to issue venire.

Section 616. The following shall be the courts of justice of this territory: First. The supreme court. Second. The district courts. Third. The probate courts. Fourth. The justices' court.


Sec. 617. The supreme court shall have appellate jurisdiction in all civil cases where the amount in dispute exceeds one hundred dollars, and in all criminal cases tried in the district courts, and shall hold its sessions at the capital at the times fixed by law.


Sec. 618. The territory shall be divided into three judicial districts.

Sec. 619. There shall be a district judge for each of the judicial districts. The courts held by them shall be district courts of

the territory. The jurisdiction of these courts shall be of two kinds. First. Original. Second. Appellate.

Sec. 620. The district court shall have original jurisdiction in civil cases where the amount in dispute, or value of the property sued for, exceeds fifty dollars, and in all criminal cases not otherwise provided for: Provided, The district court may enter judgment for a less sum than fifty dollars upon the plaintiff paying costs, and may in like manner enter judgment for the recovery of personal property of less than fifty dollars value.

Sec. 621. The appellate jurisdiction of these courts shall extend to hearing upon appeal an order or judgment of a probate court or justice of the peace in the cases provided by law.

Sec. 622. The courts and judges thereof shall have power to issue all writs necessary and proper to the complete exercise of the power conferred on them by the constitution, organic act, and laws of this territory.

Sec. 623. The terms shall be held at such times and places as provided by law. If a room for holding the court be not provided. by the county, together with attendants, fuel, lights, and stationery, suitable and sufficient for the transaction of business, the court may direct the sheriff to provide such room, attendants, fuel, lights, and stationery, and the expense shall be a county charge.

Sec. 624. The district judges shall at all reasonable times, when not engaged in holding courts, transact such business at their chambers as may be done out of court. At chambers they may hear and dispose of all applications for orders and writs which are usually granted in the first instance upon an ex parte application, and may, in their discretion, also hear applications to discharge such orders and writs.

Sec. 625. When an action or proceeding is commenced in a district court in which a probate court has concurrent jurisdiction, the district court may, if the parties agree, by order, transfer the same to the probate court of the same county. Upon such transfer, the probate court shall have and exercise over such action or proceeding, the same jurisdiction as if originally commenced therein.


Sec. 626. There shall be in each county a probate court, with the jurisdiction conferred by this chapter.

Sec. 627. The probate court shall have power to open and receive the proof of last wills and testaments, and to admit them to probate, to grant letters testamentary of administration, and of guardianship, and to revoke the same for cause shown, according to law, to compel executors and administrators and guardians to render an account when required, or at the period by law to order

the sale of property of estates, or belonging to minors, to order the payment of debts due by estates, to order and regulate the partitions of property or estates of deceased persons, to compel the attendance of witnesses, to appoint appraisers or arbitrators, to compel the production of title deeds, papers, or other property of an estate or of a minor, and to make such other orders as may be necessary and proper, in the exercise of the jurisdiction conferred on the probate court.

Sec. 628. The probate courts shall have jurisdiction within. their respective counties, in all civil actions to recover money or damages, wherein the damages, or debt claimed, does not exceed five hundred dollars: Provided, That they shall not have jurisdiction in any matter in controversy, when the title or right to the peaceable possession of land may be in dispute, or in chancery, or (in) divorce cases.

Sec. 629. The probate courts shall be always open for the transaction of all business within their jurisdiction.

Sec. 630. The provisions of this act, as far as applicable, shall be applied and enforced in all of the probate courts of the territory. Sec. 631. If the judge be disqualified, for any cause, from sitting on the determination of any cause or proceeding pending before him, the cause shall be certified, with the original papers, to the district court of the district including the county, which shall proceed thereon to final judgment and determination.

Sec. 632. That each judge of the probate courts shall be a conservator of the peace throughout his county.

Sec. 633. In all civil cases within their jurisdiction, the probate courts and the judges thereof shall have the same power to grant all orders and writs and process which the district courts or the judges thereof, have power to grant within their jurisdiction, and to hear and determine all questions arising within their jurisdiction as fully and completely as the district courts or the judges thereof have power to do under the laws of this territory.

Sec. 634. Juries in all civil actions in the probate court shall consist of not more than twelve nor less than six persons, having the qualifications of electors, who shall not be summoned until the cause is at issue and set for trial, and a demand is made by one or more of the parties, and their fees for one day paid into the hands of the clerk by the party making the demand.

Sec. 635. The clerk shall issue a venire, returnable on the day upon which the cause is set for trial, and if, on the return day, the panel be not full, it may be filled by summoning others.



Sec. 636. Forcible entry and detainer-what constitutes.
Sec. 637. Any justice of the peace, authority to inquire into.
Sec. 638. Justice to issue summons when complaint made.
Sec. 639. Summons-upon whom served.

Sec. 640. Justice to hear complaint after return of summons.
Sec. 641. Trial-when postponed.

Sec. 642. Testimony to be taken in same manner as in other


Sec. 643. Trial.

Sec. 644. If defendant found guilty, punishment and costs.
Sec. 645. If jury cannot agree.

Sec. 646. Damages-how assessed.

Sec. 647. If rent of land not paid, defendant to quit possession.

Sec. 648. Preceding section-whom not to apply to.

Sec. 649. Juror or witness not appearing, to be fined.

Sec. 650. Appeals.

Sec. 651. Appeals to be tried in district court.

Sec. 652. Amendments to complaint.

Sec. 653. Rules and regulations to apply as in other cases.

Section 636. No person or persons shall hereinafter make any entry into lands, tenements, or other possessions, or by entering upon any gulch mining claim, or quartz lode mining claim, or other mining claim, in the temporary absence of the party or parties in possession, or by entering peaceably, and the turning out by force, or frightening by threats, or other circumstances of terror, the party or parties out of possession, and detain and hold the same. In every such case, the person so offending shall be deemed guilty of a forcible entry and detainer within the meaning of this act; but not in cases where entry is given by law, and in such cases not with strong hand nor with multitude of people, but only in a peaceable manner; and if any person from henceforth do the contrary, and thereof be duly convicted, he shall be punished by fine.

Sec. 637. Any justice of the peace shall have authority to inquire as hereinafter directed, as well as against those who make unlawful or forcible entry into lands, tenements, or other possessions, and detain the same as against those who, having lawful and peaceable entry into lands, tenements, or other possessions, unlawfully detain the same, and if it be found, upon such inquiry,

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