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versy, exceeds three hundred dollars; also in all other civil cases not included in the general subdivision of law and equity, and also on questions of law alone, in all criminal cases in which the offense charged amounts to felony. The Court shall also have power to issue writs of mandamus, certiorari, prohibition, quo warranto and habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by, or on behalf of, any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any District Court in this State, or before any Judge of said Courts.

District Courts.

Jurisdiction. The District Courts in the several judicial districts of this State shall have original jurisdiction in all cases in equity; also in all cases at law which involve the title or the right of possession to, or the possession of, real property or mining claims, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand (exclusive of interest), or the value of the property in controversy, exceeds three hundred dollars; also in all cases relating to the estate of deceased persons, and the persons and estates of minors and insane persons, and of the action of forcible entry and unlawful detainer; and also in all criminal cases not otherwise provided for by law. They shall also have final appellate jurisdiction in cases arising in Justices' Courts, and such other inferior tribunals as may be established by law. The District Courts, and the Judges thereof, shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction; and also have power to issue writs of habeas corpus, on petition by, or on behalf of, any person held in custody in their respective districts.

Times for Holding District Courts.

The District Court is always open.

Justices' Courts.

Justices of the Peace have jurisdiction in all civil cases when the demand (exclusive of interest) does not exceed three hundred dollars. Are always open.

CHAPTER II.

TIME ALLOWED TO ANSWER-SERVICE BY PUBLICATION-PLACE OF TRIAL.

Defendant has ten days to answer summons, exclusive of day of service, from date of service, when served within the county; twenty days when served in the district but in another county than the one where the action was commenced; and in all other cases forty days, when personal service is had.

Place of Trial.

All actions pertaining to real estate, or to the recovery thereof, or any interest therein, must be commenced in the county wherein the real estate is situated. Transitory actions follow the person.

Provisions in Justices' Courts.

Defendant must be sued in the township in which he lives, unless he is served with summons in the county-seat, or has contracted to perform an obligation at a particular place; in which case he may be sued in the township, city, or precinct where such obligation is to be performed, or in the township in which he resides.

CHAPTER III.

LIMITATION OF ACTIONS.

Civil actions, except for recovery of real property, can only be commenced as follows:

Within Six Years.-1. Upon a judgment or decree of any Court of the United States, or of any State or Territory, within the United States.

2. Upon a contract, obligation, or liability founded upon a written instrument.

Within Four Years.-1. An action on an open account for goods, wares, and merchandise sold and delivered.

2. An action for any article charged in a store account, time to date from date of last charge, or date of last credit.

3. An action upon a contract, obligation, or liability, not founded upon an instrument in writing.

Within Three Years.-Upon a liability created by statute, other than a penalty or forfeiture; for trespass upon real property; for taking, detaining, or injuring any goods or chattels; including actions for the specific recovery of personal property; for relief on the ground of fraud-the cause of action not deemed to have accrued until discovery by party aggrieved of facts constituting a fraud.

Within Two Years.-Against a Sheriff, Coronor, or Constable, upon the liability incurred by the doing of an act in his official capacity and in virtue of his office, or an omission of an official duty, including non-payment of money collected upon execution. Upon statute for a penalty or forfeiture where the action is given to an individual, or to an individual and the State, except when the statute imposing it fixes a different limitation. For libel, slander, assault, battery, or false imprisonment. Upon statute for forfeiture or penalty to the State. Against a Sheriff or other officer, for escape of a prisoner arrested or imprisoned on civil process. mutual accounts, the statute begins to run from item charged or the last credit given.

In case of date of last

In all other cases, within four years after cause of action accrued.

Contracts entered into prior to March 2, 1877, are controlled by the provisions of the Act of 1867, which provides that actions must be commenced:

Within Five Years.-Upon a judgment or decree of any Court of the United States, or of any State or Territory within the United States.

Within Four Years.-Upon any contract, obligation, or liability, founded upon an instrument in writing.

Within Three Years.-As above stated.

Within Two Years.-As above, and actions on an open account for goods, wares and merchandise sold and delivered. Also an action for any article charged in a store account.

General Provisions.

An action upon a judgment, contract, obligation, or liability, for the payment of money or damages obtained, made, executed or issued out of the State, can only be commenced as follows:

1. Within one year, when prior to the passage of the Act (March 5, 1867) more than two and less than five years have elapsed since the cause of action accrued.

2. Within six months, when prior to the passage of the Act, more than five years have elapsed since the cause of action accrued.

3. Within two years, in all other cases, after the cause of action accrued; a right of action shall be deemed to have accrued on a judgment at the time of its rendition.

When the cause of action has arisen in any other State or Territory of the United States, or in a foreign country, and by the laws thereof an action cannot be maintained against a person by reason of the lapse of time, no action thereon shall be maintained against him in this State.

No acknowledgment or new promise shall take the case out of the statute, except it be in writing, signed by the party to be charged.

Actions for recovery of possession of real estate must be commenced within five years, except actions for the recovery of mining ground, which must be commenced within two years from time cause of action accrued.

CHAPTER IV.

ATTACHMENTS.

Writs of attachment may be issued with summons, or at any time afterward:

1. In an action upon a contract for the direct payment of money, made, or by the terms thereof, payable in this State, which is not secured by mortgage, lien, or pledge upon real or personal property, situated or being in the State; if so secured, when such security has been rendered nugatory by the act of the defendant.

2. In an action upon a contract against a defendant not residing in this State.

Writ to be issued upon filing of an affidavit to be made by plaintiff, or some one on his behalf, setting forth the statutory grounds for issuance of the writ.

Plaintiff must give bond to secure defendant against damage arising from the issuance of the writ, in case the attachment is dismissed, or the defendant recover in the action.

Real and personal property, debts and credits, stocks or shares in any corporation, may be attached in the manner pointed out by the statute.

CHAPTER V.

ARREST IN CIVIL ACTIONS.

The defendant may be arrested in the following cases: 1. In an action for the recovery of money or damages, on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the State with intent to defraud his creditors, or when the action is for libel or slander.

2. In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied or converted

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