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. 477. 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, certioruri, and quo warranto, 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. 478. 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 transferance the probate court shall have and exersise over such action or proceeding the same jurisdiction as if originally commenced therein.

Probate Court.

SEC. 479. There shall be in each county a probate court with the jurisdiction conferred by this chapter.

SEC. 480. 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. 481. The probate judge shall have power in vacation to appoint appraisers to receive inventories and accounts to be filed in

his court, to suspend the powers of executors, administrators, or guardians in the cases allowed by law, to grant letters testamentary of administration or of guardianship, to approve claims and bonds, and to direct the issuance from his court of all writs and process necessary in the exercise of his powers as probate judge.

SEC. 482. The probate court shall have concurrent jurisdiction with the district courts in all civil actions where the amount in controversy shall not exceed twenty-five hundred dollars.

SEC. 483. The probate court and the judge thereof shall have power at chambers to try and determine suits of mandamus, certiorari, and quo warranto, and to issue all writs necessary or proper to the complete exercise of the powers conferred upon it by this and other statutes, and in the absence of the district judge from the county to issue writs of habeas corpus and injunctions.

SEC 484. 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 procure such room, attendants, fuel, lights, and stationery at the expense of the county.

SEC. 485. A regular term of the probate court shall be held at the county seat of each county on the first Monday in April, June August, October, December and February of each year, for the transaction of all business of which said court has jurisdiction. Provided, however, That if the district court of the district embracing any county be in session at such time, the probate court of the county in which said district court is held shall stand adjourned until the first Monday of the ensuing month.

SEC. 486. That if said court shall not be held on the first day of the term, such court shall stand adjourned from day to day until the evening of the third day; if at that time the judge shall not have appeared and opened court, the same shall stand adjourned until the next regular term. Special adjourned terms may be held in continuation of the regular term upon its being so ordered by the court in term time and entered by the clerk upon the record thereof.

SEC. 487. That 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. 488. That each judge of the probate courts shall be a conservator of the peace throughout his county.

SEC. 489. 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. 490. 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. 491. 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.

TITLE XIX.

ACTIONS FOR THE PARTITION OF REAL PROPERTY.

SEC. 492. When several persons hold and are in possession of real property as joint tenants or tenants in common, in which one or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one or more of such persons for a partition thereof according to the respective rights of the persons interested therein, and for a sale of such property, or a part of it, if it appear that a partition cannot be made without prejudice to the owners.

SEC. 493. The interests of all persons in the property, whether such persons be known or unknown, shall be set forth in the complaint specially and particularly as far as known to the plaintiff, and if one or more of the parties, or the share or quantity of interest of any of the parties, be unknown to the plaintiff, or be uncertain or contingent, or the ownership of the inheritance depend upon

an executory devise, or the remainder be a contingent remainder, so that such parties cannot be named, that fact shall be set forth in the complaint.

SEC. 494. No persons who have any claim or liens upon the property by mortgage, judgment, or otherwise, need be made parties

to the action unless such liens be matters of record.

SEC. 495. Immediately after filing the complaint the plaintiff shall file with the recorder of the county in which the property is situated, a notice of the pendency of the action, containing the names of the parties, so far as known, the object of the action and the description of the property affected thereby. From the time of filing it shall be deemed notice to all persons.

SEC. 496. The summons shall be directed to all the joint tenants and tenants in common, and all persons having any interest, or any liens of record, by mortgage, judgment, or otherwise, upon the property, or upon any particular portion thereof, and generally to all persons unknown who have or claim any interest in the property.

SEC. 497. If a party having a share or interest is unknown, or any one of the unknown parties reside out of the Territory, or cannot be found therein, and such fact is made to appear by affidavit, publication may be made as in the other cases. The notice of publication shall contain a brief description of the

the subject of the action.

property which is

SEC. 498. The defendants who have been personally served with the summons shall set forth in their answers, fully and particularly, the nature and extent of their interest in the property, and if such defendants claim a lien upon the property, by mortgage, judgment, or otherwise, they shall state the amount and date of the same, and the amount remaining due thereon, and whether the amount has been secured in any other way or not, and if secured, the extent and nature of the security, or they shall be deemed to have waived their right to such lien.

SEC. 499. The rights of the several parties, plaintiffs as well as defendants, may be put in issue, tried and determined by such action, and when a sale of the premises is necessary, the title shall be ascertained by proof to the satisfaction of the court before the judgment of sale shall be made, and when service by publication has been made, like proof shall be required of the right of the

absent or unknown parties, before such judgment is rendered, except that when there are several unknown persons having an interest in the property, their rights may be considered together in the action, and not as between themselves.

SEC. 500. The plaintiff shall produce to the court, on the hearing of the case, the certificate of the recorder of the county where the property is situated, showing whether there were, or were not, any liens outstanding, of record, upon the property or any part thereof, at the time of the commencement of the action.

SEC. 501. If it appears, by the certificate of the recorder, that there were outstanding liens of record at the time of the commencement of the action, and the person holding or claiming such liens were not made parties to the action, the court shall either order such parties to be brought in by an amendment or supplemental complaint, or appoint a referee to ascertain whether their liens have been paid, or if not paid what amounts remain due, and their order among the liens, among the parties who have appeared and answered, and whether the amount remaining due thereon has been secured in any way, and if secured, the extent and nature of the security.

SEC. 502. The plaintiff shall cause a notice to be served, a reasonable time previous to the day for appearance before the referee, appointed as provided in the last section, on each person having outstanding liens of record, who is not a party to the action, to appear before the referee at a specified time and place, to make proof, by his own affidavit or otherwise, of the true amount due or to become due, contingently or absolutely, thereon. In case such person be absent or his residence be unknown, service may be made by publication or notice to his agent, under the direction of the court, in such manner as may be proper. The report of the referee thereon shall be made to the court, and shall be confirmed, modified, or set aside and a new reference ordered, as the justice of the case may require.

SEC. 503. If it be alleged in the complaint, and be established by evidence, or if it appear by evidence without such allegation in the complaint, to the satisfaction of the court, that the property, or any part of it, is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale thereof, otherwise, upon the requisite proof being made, it shall order the