SEC. 20. 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 expenses shall be a county charge.

SEC. 21. 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 try and determine writs of mandamus, certiorari and quo-warranto, hear and determine all applications for orders and writs, which are usually granted in the first instance upon an exparte application, and may in their discretion also hear applications to discharge such orders and writs.

SEC. 22. 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 consent, by order transfer the same to the probate court of the same county. Upon such transferance the probate court shall have and exercise over such action or proceeding the same jurisdiction as if originally commenced therein.

SEC. 23. Each district and supreme court shall have power to make rules not inconsistent with the constitution and laws of this Territory for its own government and the government of its officers; but such rules shall not be in force until thirty days after their adoption and publication, and no rule shall be made imposing any tax or charge upon any legal proceeding or making an allowance to any officer for services.

SEC. 24. The supreme court, the several district courts and the several probate courts of this Territory, shall be courts of record.

SEC. 25. The sittings of every court of justice shall be public except as is provided in the next section.

SEC. 26. 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 council.

SEC. 27. 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 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. 28. A judge shall not act as such in any of the following cases: First-In an action or proceeding to which he is a party, or in which he is interested. Second-When he is related by consanguinity or affinity within the third degree. Third-When he has been attorney or counsel for either party in the action or proceeding or legal adviser in the subject matter thereof. But this section shall not apply to the arrangement of the calender or the regulation of the order of business.

SEC. 29. A judge shall not act as attorney or counsel in a court in which he is 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 be in his own

court.

SEC. 30. 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 or proceeding to which he is a party on the record. A judge or justice of the peace shall not have a partner acting as attorney or counsel in any court in this Territory, nor shall he try a civil case wherein he has had the claim sued for in his possession for collection as agent.

SEC. 31. The courts of justice may be held and judicial business may be transacted on any day except as provided in the next section.

SEC. 32. No court shall be opened nor shall any judicial business be transacted on Sunday, New Year's day, on the Fourth of July, on Christmas day, on Washington's birth-day, on Thanksgiving day or on a day in which the general election. is held, except for the following purposes: First-To give upon their request instructions to a jury then deliberating on their verdict. Second--To receive a verdict or discharge a jury. Third-For the exercise of the powers of a magistrate in a criminal action or in a proceeding of a criminal nature; Provided, That when the day fixed for the opening of court falls on a non-judicial day aforesaid, that the same shall be opened on the next judicial day thereafter.

SEC. 33. Each of the following courts, and no others, shall have a seal: First-The supreme court. Second-The district courts. Third-The probate courts.

SEC. 34. The clerk of each court shall keep the seal thereof.

SEC. 35. The seal of the court need not be affixed to any proceedings therein, except: First-To a summons or

writ. Second-To the proof of a will or the appointment of an executor, administrator or guardian. Third-To the authentication of a copy of a record, or the proceeding of the court or an officer thereof for the purpose of evidence in another court.

SEC. 36. 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 be so construed as to apply to motions refused for any informality in the papers or proceedings necessary to obtain an order.

SEC. 37. 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. 38. The judges of the supreme court, of the district courts and of the probate courts shall have power in any part of the Territory, and justices of the peace within their respective counties, shall have power to take and certify: First-The proof and acknowledgment of a conveyance of real property, or of any other written instrument. SecondThe acknowledgment of satisfaction of a judgment of any court. Third-An affidavit to be used in any court of justice of this Territory.

SEC. 39. No action or proceeding in a court of justice shall be effected by a vacancy in the office of all or any of the judges, or by the failure of a term thereof.

SEC. 40. Every written proceeding in a court of justice in this Territory, or before a judicial officer, shall be in the English language, but such abbreviations as are now commonly used in that language may be used, and numbers may be expressed by figures or numerals in the customary manner.

SEC. 41. That all acts and parts of acts conflicting with this act are hereby repealed, and this act shall take effect and be in force from the date of its passage.

APPROVED, January 12, A. D. 1877.

AN ACT

Creating and defining the Jurisdiction of Courts of Justice of

the Peace.

Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows:

SECION 1. The courts held by justices of the peace in this Territory, are hereby denominated justices' courts, and shall have the jurisdiction conferred by this act.

SEC. 2. Justices' courts shall have jurisdiction of the following actions and proceedings: First-Of an action arising on contract for the recovery of money only, if the sum claimed shall not exceed one hundred dollars. Second-Of an action for damages for injury to the person, for taking or detaining personal property, and for injuring real or personal property in all cases wherein the damages claimed shall not exceed one hundred dollars. Third-Of an action for a fine, penalty, or forfeiture, not exceeding one hundred dollars, given by statute or by the ordinance of an incorporated city. Fourth

Of an action upon a bond for the payment of money not exceeding one hundred dollars, though the penalty expressed in such bond exceed said sum. Fifth-Of an action upon a surety bond or undertaking taken by them or by any justice of the peace, though the penalty exceed one hundred dollars, if the amount claimed shall not exceed that sum. Sixth-Of an action for the foreclosure of any chattel mortgage, or the enforcement of any lien on personal property, when the debt secured by such mortgage or lien shall not exceed one hundred dollars. Seventh Of an action to recover possession of personal property, when the value of such property shall not exceed one hundred dollars. Eighth-To take and enter judgment on the confession of a defendant, when the amount confessed shall not exceed one hundred dollars. Nine-Of an action for a forcible or unlawful entry upon, or a forcible or unlawful detention of lands, tenements, or other possessions. TenthOf an action for damages to a mining claim, when the damages claimed shall not exceed one hundred dollars. Eleventh Of proceedings respecting vagrants and disorderly persons.

SEC. 3. The jurisdiction conferred by the last preceeding section shall not extend to a civil action in which the title or boundaries to real property shall come in question.

SEC. 4. Justices' courts shall also have jurisdiction of all misdemeanors and public offences, when the punishment does

not exceed one hundred dollars' fine and six months' imprison

ment.

SEC. 5. There shall be no terms of justices courts; such courts shall be always open; and that the jurisdiction in this act extended to said justices courts shall also extend to the several probate courts of this Territory.

SEC. 6. This act shall take effect and be in force from and after its passage.

APPROVED, January 8th, 1877.

AN ACT

To provide for refunding Territorial bonds.

Be it enacted by the Legislative Assembly of Idaho, as follows: SECTION 1. The territorial treasurer shall, without delay, prepare a form of bond, to be approved by the governor, and procure the same to be suitably engraved or lithographed, to be used in refunding the outstanding bonds of the Territory of Idaho, now past due and unpaid.

SEC. 2. Said bouds shall be in amount for one thousand dollars, five hundred dollars, and for fractional sums when necessary. The principal thereof shall be payable at the treasury, in gold coin of the United States, on the first day of December, in the year one thousand eight hundred and ninety-one. The interest thereon shall be at the rate of ten per cent. per annum, in gold coin of the United States, payable at the treasury semi-annually, on the first days of June and December, in each year, upon the presentation of the proper coupons or interest warrants therefor, which shall have been prepared and

attached to said bonds.

SEC. 3. Said bonds shall be signed by the governor, and bear the seal of the Territory attested by the secretary thereof. The coupons shall be signed by the treasurer. Each bond shall, when executed, be registered by the territorial controller in a book, with its number, amount, date, and in whose favor drawn, the fact and date of registration to be endorsed by him. on such bond. When so executed and registered such bonds shall be exchanged and delivered by the treasurer as hereinafter provided.

SEC. 4. On the presentation by the holder thereof of any bond or bonds of the Territory of Idaho heretofore issued under the acts of January 12th, 1866, and January 14th, 1867,