of

in all respects, that his estate has been made to realize the fullest amount possible, and not less than fifty per cent. of the full amount of his indebtedness over and above all expenses the assignment, the said Court or Judge thereof shall, upon the allowance of the final account of said assignee, make an order discharging the assignor from any further liability on account of any indebtedness existing against him prior to the making of such assignment, and thereafter such assignor shall be freed from any liability on account of any unsatisfied portion of the indebtedness against him prior to the making of his assignment.

PART VI.

Idaho Territory.

Prepared Expressly for this Work by Jonas W. Brown, Boise City.

CHAPTER I.

COURTS, THEIR JURISDICTION AND TERMS.

The judicial power of the Territory is vested in a Supreme Court, three District Courts, Probate Courts for each County, and Justices of the Peace.

The Supreme, District and Probate Courts are Courts of record.

The Supreme Court.

Has original and appellate jurisdiction.

Its original jurisdiction extends to the issuance of writs of mandate, review, prohibition, habeas corpus, and all writs necessary to the exercise of its appellate jurisdiction.

Its appellate jurisdiction extends to a review of all cases removed to it under such regulations as are or may be prescribed by law from the final decisions of the District Courts.

There must be at least one term in each year, to be held at the Capitol of the Territory, at such time as the Court may by rule or order designate. Additional terms may also be held by order of the Court.

District Courts.

The jurisdiction of the District Courts extends:

1. To all civil actions for relief formerly given in Courts

of equity.

2. To all civil actions in which the subject of litigation is not capable of pecuniary estimation.

3. To all civil actions in which the subject of litigation is capable of pecuniary estimation, which involve the title or possession of real estate; or the legality of any tax, unjust assessment, toll or municipal fine, or in which the demand or the value of the property in controversy exceeds one hundred dollars.

4. To all special proceedings.

5. To the issuance of writs of mandate, review, prohibition, habeas corpus, and all writs necessary to the exercise of its

powers.

6. To the trial of all indictments.

7. Its appellate jurisdiction extends to all cases arising in Probate Courts or Justices' Courts; and to all other matters and cases wherein an appeal is allowed by law. There are two terms of District Court held in each county each year; terms are fixed by the Supreme Court.

Probate Courts.

There must be a Probate Court held in each of the counties. The Probate Court has jurisdiction in all probate matters. In addition to their probate jurisdiction, to hear and determine all civil causes wherein the damage or debt claimed does not exceed the sum of five hundred dollars, exclusive of interest, and concurrent jurisdiction with Justices of the Peace in criminal

cases.

Justices' Courts.

The civil jurisdiction of these Courts within their respective precincts or cities extends:

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

2. To an action for damages to the person, or for taking or detaining personal property, or for injuring personal property, or for an injury to real property, where no issue is raised by the answer involving the plaintiff's title, or possession of the same, if the damages claimed do not exceed three hundred dollars.

3. To an action for a fine, penalty or forfeiture, not exceeding three hundred dollars, given by statute or the ordinance of an incorporated city.

4. To an action upon a bond or undertaking 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.

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

6. To take and enter judgment on confession of a defendant when the amount confessed does not exceed three hundred dollars.

The jurisdiction conferred shall not extend, however, to a civil action in which the title or possession of real property is put in issue.

CHAPTER II.

LIMITATION OF ACTIONS.

For the recovery of real property.

The people of this Territory will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless:

1. Such right or title shall have accrued within ten years before any action or other proceeding for the same is commenced; or,

2. The people or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof within the space of ten years.

No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appear that the plaintiff, his ancestor, predecessor or grantor, was seized or possessed of the property in question within five years before the commencement of the action; and this section includes possessory rights to lands and mining claims.

No cause of action, or defense to an action, arising out of the title to real property, or to rents or profits out of the same, can be effectual unless it appears that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor, of such person was seized or possessed of the premises in question within five years before the commencement of the act in respect to which such action is prosecuted or defense made.

If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property, or to rents or services out of the same, be at the time such title first descends or accrues either

3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense for a term less than for life;

or,

4. A married woman and her husband be a necessary party with her in commencing such action or making such entry or defense.

The term during which such disability continues is not deemed any portion of the time in this title limited for the commencement of such action or the making of such entry or defense; but such action may be commenced, or entry or defense made within the period of five years after such disability shall cease, or after the death of the person entitled