PART IX.

Arizona Territory.

Prepared Expressly for this Work by Herndon & Hawkins, Attorneys, Prescott, A. T.

CHAPTER I.

COURTS AND THEIR JURISDICTION.

The following are the Courts of justice for the Territory: 1. The Supreme Court. 2. The District Courts. 3. The Probate Courts. 4. The Justices' Courts.

The Supreme Court has appellate jurisdiction in all cases wherein the legality of any tax, toll, impost, or municipal fine is in question. It also has jurisdiction to review upon appeal:

First. A judgment in an action or proceeding commenced in a District Court, or brought into that Court from another Court, where the matter in dispute exceeds two hundred dollars, or when the possession of, or title to, lands or tenaments is in controversy; and to review upon the appeal from such judgment any intermediate or collateral order of the Court or Judge at Chambers, involving the merits and necessarily affecting the judgment.

Second. An order granting or refusing a new trial, sustaining or overruling a demurrer, or affecting a substantial right in an action or proceeding.

This Court may reverse, affirm or modify the judgment or order appealed from as to any or all the parties, and may, if necessary, order a new trial.

When the judgment or order is reversed or modified, this Court may make complete restitution of all property and rights lost by the erroneous judgment or order.

The District Courts have jurisdiction as follows:

Original jurisdiction in all civil cases where the amount exceeds one hundred dollars, exclusive of interest, and in cases involving the title or possession of real property.

Appellate jurisdiction in Justice-Court actions, and orders of judgments of the Probate Courts in certain cases.

The Probate Courts have jurisdiction of estates of deceased persons.

1

Justices' Courts have jurisdiction as follows:

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

2. Of an action for damages for injury to the person, or for taking or detaining personal property, or for injuring real or personal property, if the damages claimed do not exceed three hundred dollars.

3. Of an action upon a bond 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.

4. Of an action for the foreclosure of any mortgage, or the enforcement of any lien upon personal property, where the debt secured does not exceed three hundred dollars.

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

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

Their jurisdiction does not extend to civil actions in which the title to real property is brought in question; or to an action or proceeding against ships, vessels or boats, or against the owners or masters thereof, when the suit or proceeding is for the recovery of wages for a voyage performed, in whole or in part, without the waters of the Territory.

CHAPTER II.

TERMS OF COURTS-WHEN AND WHERE HELD.

The Supreme Court is held at the seat of government (now Phoenix), commencing on the second Monday in January of each year.

The District Courts in the several counties are held as follows:

1. County of Pima, on the second Monday in March and the second Monday in September.

2. County of Yuma, on the fourth Monday in March and the fourth Monday in September.

3. County of Yavapai, first Monday in June and first Monday in November.

4. County of Maricopa, on the first Monday in May and first Monday in November.

5. County of Mohave, on the first Monday in April and first Monday in September.

6. County of Pinal, on the first Monday in April and the first Monday in October.

7. County of Gila, third Monday in April and third Monday in October.

8. County of Cochise, second Monday in May and second Monday in November.

9. County of Graham, second Monday in April and second Monday in October.

10.

County of Apache, first Monday in July.

District Court is held at the county seat of each county. Probate Court is held at the county seat of each county, on the first Monday of January, April, July and October, in each year, and the Judge may hold such adjourned or special terms as he thinks proper.

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

CHAPTER III.

COMMENCEMENT OF SUITS.

Civil actions are commenced by filing a complaint with the Court or Justice.

The defendant is required to answer the complaint in District Court actions as follows:

1. If the defendant is served within the county in which the action is brought, ten days.

2. If the defendant is served out of the county, but in the district in which the action is brought, twenty days.

3. In all other cases, thirty days.

4. When any party to the suit, his agent or attorney, shall make affidavit at the time of instituting the suit, or at any time during its progress, that the defendant is a non-resident of the Territory, or that he is absent from the Territory, or that he is a transient person, or that his residence is unknown to the affiant, or is a corporation incorporated under the laws of any other State or Territory, or foreign country, and doing business in this Territory, or having property therein, but having no legally appointed and constituted agent in this Territory, or that such defendant conceals himself to avoid the service of summons; the Clerk shall issue a summons directed to the defendant as in other cases, and shall deliver the same to the Sheriff of the county in which the suit is pending, and said Sheriff shall serve the same by making publication thereof in some newspaper published in his county, if there be one published therein, if not, then in any newspaper in the nearest

county to the county where the suit is pending. Such summons shall be published at least once in each week for four successive weeks.

When the residence of the defendant is known the same shall be stated in the affidavit, if not known, that fact shall be stated. When the residence of defendant is known, the plaintiff, his agent or attorney shall forthwith deposit a copy of the summons and complaint in the Post-office, postage prepaid, directed to the defendant at his place of residence.

Personal service of the summons and complaint out of the Territory shall be equivalent to publication and deposit in the Post-office.

Where personal service of a copy of the summons and complaint is made out of the Territory, or service by publication is made as above provided, the defendant is required to appear and answer within twenty days after the completion thereof.

In Justice-Court actions the time mentioned in the summons for the appearance of the defendant and the time of service shall be as follows:

1. If the defendant is served in the precinct in which the action is brought, five days.

2. If served without the precinct, but in the county, ten

days.

3.

If served out of the county, fifteen days.

4. In all other cases, twenty days.

CHAPTER IV.

PLACE OF TRIAL OF CIVIL ACTIONS.

No person shall be sued out of the county in which he resides, except in the following cases:

1. Where the defendant, or all of several defendants, reside out of the Territory, or their residence is unknown, the suit may be brought in the county where the plaintiff resides. 2. Where the defendant is a married woman, she may be