referees, on executing, with sufficient sureties, an undertaking approved by the judge of the court, or a probate judge, that he will faithfully discharge the trust reposed in him, and will render a true and just account to the person entitled or his legal representative. SEC. 535. The general guardian of an infant, and the guardian entitled to the custody and management of the estate of an insane person, or other person incapable of conducting his own affairs, who is interested in real estate held in joint tenancy or in common, or in any other manner, so as to authorize his being made a party to an action for the partition thereof, may consent to a partition without action, and agree to the share to be set off to such infant, or other person entitled, and may execute in his behalf a release to the owners of the shares of the party to which they may be respectively entitled, upon an order of the court, which partition shall be approved or disapproved by the court.

SEC. 536. The costs of the partition, including fees for referees and other disbursements, shall be paid by the parties respectively entitled to share in the lands divided, in proportion to their interests therein, and may be included and specified in the judgment. In that case they shall be a lien on the several shares, and the judgment may be enforced against such shares by execution, and against other property held by the respective parties. When, however, a litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto or any of them.

SEC. 537. The court, with the consent of the parties, may appoint a single referee instead of three referees in the proceedings under the provisions of this chapter, and the single referee, when thus appointed, shall have all the powers and perform all the duties required of three referees.

SEC. 538. When several persons hold and are in possession of mining clairs as joint tenants or tenants in common, upon the petition of one or more of the joint tenants or tenants in common, the court having jurisdiction shall appoint a commissioner, who shall proceed to make partition of the property to be divided, and make a report to the court as provided in this act.

SEC. 539. In case of partition of a mining claim, any of the tenants in common or joint tenants interested therein may file an affidavit showing to the court that a sale for money would be inju

rious to him, her, or them; the court shall, upon such showing, appoint a commissioner, who shall decide such claim as hereinafter provided for.

SEC. 540. The commissioner provided for in the last section shall proceed to the place where such claim is located, and at such time as the court may direct, within not less than twenty nor more than forty days after such sale shall have been ordered by the court, shall sell such claim at auction to the highest bidder, in parts or parcels, to the joint tenant or tenants in common, and shall receive bids in shares or individual interests or parts of such claim to be divided.

SEC. 541. The party or parties seeking the partition of such mining claim shall be deemed the highest bidder within the meaning of the last preceding section who will take the least part or partition of such mining claim at a place upon such claim to be selected by him, her, or them in proportion to the whole share or shares or interest held by such party or parties, provided, that if the remainder of the joint tenants or tenants in common shall fail to make a higher bid in proportion to their joint shares or interests in such claim, then the bid of the party or parties seeking the partition shall be received and declared to be the highest bid, and the commissioner shall proceed to measure off such claim to the party or parties as hereinafter provided; and such claim or part of the claim so measured off by said commissioner to the highest bidder, shall be and is hereby considered as an entire surrender to the opposing party of the remainder of his or her shares or interest in such claim, thereby relinquishing the residue of the shares or interests held by the party to whom was awarded the highest bid (not included in the measurement of said commissioner) to the adverse party.

SEC. 542. Whenever any such bid as mentioned in the two next preceding sections shall have been received and declared, the commissioner shall go upon the claim and measure off to such bidder the amount of such claims so bid off, at such places the bidder shall have selected in his bid.

SEC. 543. After setting off such bids as provided in the last section, the commissioner shall again receive bids as herein before provided, and shall thereafter measure off such bids as before stated, and shall continue in the same manner to receive bids and set apart

the same from such claims until the parties who still hold an undivided portion of such claims shall be satisfied that such sale cease, and are content to hold the remaining portion of such claim as joint tenants or tenants in common as the case may be.

SEC. 544. The court may confirm or set aside the report, and if necessary appoint a new commissioner. Upon the report being confirmed, judgment shall be rendered that such partition be effectual forever, which judgment shall be binding upon all the parties. to the action.

TITLE XX.

PROCEEDING IN JUSTICES' COURTS IN CIVIL CASES.

CHAPTER I.

SEC. 545. The courts held by justices of the peace in this Territory shall be denominated justices' courts, and shall have the jurisdiction conferred by this act; but nothing contained in this act shall affect their jurisdiction in actions or proceedings now pending therein, not shall it affect any judgment or order already made or proceedings already taken.

SEC. 546. Justices' courts shall have jurisdiction of the following cases: First, In all civil actions where the amount claimed does not exceed the sum of one hundred dollars. Second, Of actions to recover the possession of personal property when the value of such property does not exceed one hundred dollars. Third, Of an action for the foreclosure of any mortgage or lien on personal property, when the debt secured or amount claimed does not exceed one hundred dollars. Fourth, Of an action for a forcible or unlawful entry upon, or a forcible or unlawful detention of, lands, tenements, or other possessions. Fifth, Of an action to determine the right to a mining claim, and for damages for injury to the same, when the damages claimed do not exceed one hundred dollars. The jurisdiction conferred by this section shall not extend, however, to a civil action in which the title to real property shall come in question.

SEC. 547. These courts shall also have jurisdiction of all mis

demeanors committed within their jurisdiction punishable by fine not exceeding one hundred dollars or imprisonment not exceeding thirty days or by both such fine and imprisonment.

SEC. 548. There shall be no terms in justices' courts. They shall be always open.

SEC. 549. Each justice before entering upon the discharge of his duties shall take the constitutional oath of office, and shall execute a bond to the Territory in the sum of two thousand dollars, conditioned for the faithful performance of his duties, and file the same with the county clerk, which bond shall be approved by such clerk.

SEC. 550. The jurisdiction of all justices of the peace shall be co-extensive with the limits of the county in which they are elected, and no other or greater unless expressly provided by

statute.

SEC. 551. Parties in justices' courts may prosecute or defend in person or by attorney; and any person on the request of a party may act as attorney, except that the constable by whom the summons or jury process was served shall not appear or act on the trial on behalf of either party.

SEC. 552. Judgment upon confession may be entered up in justices' court in this Territory specified in the confession.

SEC. 553. Justices' courts shall have jurisdiction of an action. upon the voluntary appearance of the parties without summons, without regard to their residences or the place where the cause of action arose or the subject matter of the action may exist.

CHAPTER II.

SEC. 554. Actions in justices' courts shall be commenced by filing a copy of the account, hote, bill, bond, or instrument upon which the action is brought, with a statement of the amount due therein, or a concise statement in writing of the cause of action, and the issuance of a summons thereon, or by the voluntary appearance and pleading of the parties without summons; in the latter case the action shall be deemed commenced at the time of appear

ance.

SEC. 555. When a guardian is necessary, he shall be appointed by the justice as follows: First, If the infant be plaintiff, the

appointment shall be made before the summons is issued, upon the application of the infant, if he be of the age of fourteen years or upwards, if under that age, upon the application of some relative or friend. The consent in writing of the guardian to be appointed and to be responsible for costs if he fail in the action, shall be first filed with the justice. Second, If the infant be defendant, the guardian shall be appointed at the time the summons is returned or before pleading. It shall be the right of the infant to nominate his own guardian if the infant be over fourteen years of age and the proposed guardian be present and consent in writing to be appointed, otherwise the justice may appoint any suitable person who gives such consent.

SEC. 556. The summons shall be addressed to the defendant by name, or if his name be unknown by a fictitious name, and shall summon him to appear before the justice at his office, naming its township or city, and at a time specified therein, to answer the complaint of the plaintiff for a cause of action therein described, in general terms sufficient to apprise the defendant of the nature of the claim against him, and in an action for money or damages shall state the amount the plaintiff will take judgment for if the defendant fail to answer, and shall be subscribed by the justice and dated on the day of its issue.

SEC. 557. The time mentioned in the summons for the appearance of the defendant, and the time of service, shall be as follows: First, When the summons is accompanied with an order for the arrest of the defendant it shall be returnable immediately. Second, In all other cases it shall be returnable in not less than four or more than ten days from its date, and shall be served at least four days before the time for appearance.

SEC. 558. The summons shall be served by the sheriff, or a constable of the county, or by some one specially appointed by the justice, as follows: First, If the action be against a corporation, by reading the same to the president or other head of the corporation, or to the secretary, cashier, or managing agent thereof or when no such officer resides in the county, to a director resident therein, or by leaving a copy of the summons at the principal office or place of business of such corporation in the county. Second, If against a minor under the age of fourteen years, by reading the same to his father, mother, or guardian, or if there be none within the county,