Docket and files,

public writings.

Code of Civil

ern.

Third. An order allowing a provisional remedy, and the date of issuing and returning the summons or other process;

Fourth. The time when the parties, or either of them, appear, or their failure to do so;

Fifth. Every postponement of a trial or proceeding, and upon whose application, and to what time;

Sixth. The demand for a jury, if any, and by whom made; the order for a jury, and the time appointed for trial thereby;

Seventh. The return of an order for a jury, the names of the persons impaneled and sworn as a jury, and the names of all witnesses sworn, and at whose request;

Eighth. The verdict of the jury, and when given; and if the jury disagree and are discharged without giving a verdict, a statement of such disagreement and discharge;

Ninth. The judgment of the court, and when given;

Tenth. The fact of an appeal having been made and allowed, and the date thereof, with a memorandum of the undertaking thereof, and the justification of the sureties therein;

Eleventh. Satisfaction of the judgment or any part thereof;

Twelfth. A memorandum of all orders relating to the admission of bail, taking bail, or commitment for want thereof;

Thirteenth. All other matters which may be material or specially required by any statute.

SEC. 946. The docket and files of a justice's court are to be safely and securely kept by the justice of the peace, and by him delivered to his successor in office when demanded. Such docket and files are public writings.

CHAPTER NINETY-TWO.

OF GENERAL PROVISIONS IN RELATION TO CIVIL ACTIONS IN JUSTICE'S
COURT.

SEC. 947. A civil action in a justice's court is commenced and prosProcedure to gov- ecuted to final determination, and judgment enforced therein, in the manner provided in this code for similar actions in courts of record, except as otherwise provided: Provided, Necessary disbursements shall in all cases be allowed the prevailing party.

Summons, by

SEC. 948. The summons shall be issued and signed by the justice, whom issued, and and must require the defendant to appear before such justice at a time requirements of. and place to be named therein not less than six nor more than twenty days from the date thereof, to answer the complaint of the plaintiff, or judgment for want thereof will be taken against him.

-form of.

SEC. 949. The summons shall be issued and signed by the justice, and may be in the following form:

To the United States marshal of the district of Alaska or any deputy: In the name of the United States of America we command you to summon to appear before the undersigned, a justice of

the peace in

19

at

precinct in said district, on the at the hour of

o'clock, in the

in the said precinct, to answer to the complaint of founded upon an instrument of writing (or note or account, or for trespass or injury to property, or any similar statement, as the case may be), and wherein he demands dollars. Given under my hand this

day of

19

A B,

Commissioner and ex officio Justice of the Peace.

SEC. 950. The service of the summons may be made as follows: First, by delivering a copy thereof to the defendant; or, second, by leaving a copy of the summons at the usual place of abode of the defendant, with some person of the family above the age of fifteen years, and if a defendant shall refuse to hear the summons read, or to receive a copy thereof, at the offer of the officer to read the same or to deliver a copy thereof, such refusal shall be a sufficient service of the summons; or if the defendant be a corporation, then to the president, secretary, or a managing or local agent thereof.

SEC. 951. The summons must be served at least five days before the time therein required for the defendant to appear.

Service of sum

mons.

When served, and by whom.

Undertaking for

costs, when may

SEC. 952. If the plaintiff is a nonresident of the precinct, the justice may require him to give an undertaking, with one or more sureties, be required. for the costs and disbursements of the action before issuing the summons, and if at any time before the commencement of the trial the defendant apply therefor, the justice must require such plaintiff to give such undertaking; but if the plaintiff is a resident of the precinct the justice may, in his discretion, upon a like application on the part of the defendant, require such plaintiff to give such undertaking.

-form of.

SEC. 953. The undertaking may be in substantially the following form: "I, A B," or "We, A B and C D, undertake to pay E F, the defendant in this action, all costs and disbursements that may be adjudged to him in this action." The sureties must possess the qualifications of bail upon arrest, and if required by the defendant must justify in a sum not less than fifty dollars. A deposit of fifty dollars with the justice, or such less sum as he may deem sufficient, is equivalent to giving the required undertaking; and if the undertaking or deposit in lieu thereof is not given or made upon the day the same is demanded the justice must dismiss the action as for want of prosecution. SEC. 954. In a civil action in a justice's court a plaintiff is entitled to the benefit of the provisional remedies of arrest, attachment, and edies. delivery of personal property claimed in the action, as in like cases in a court of record. All affidavits, orders, and undertakings for such remedies are to be taken or made and filed with the justice, and such process is to be issued by and made returnable before him.

Provisional rem

Who may serve

SEC. 955. A writ of arrest, of attachment, and order for the delivery writ of arrest, atof personal property claimed in the action may be served and executed tachment, and by any person authorized to serve a summons.

order for the delivery of personal property.

in civil action.

SEC. 956. A defendant who has been arrested in a civil action must, Disposition of if he require it, be at once taken before the justice who issued the defendant arrested writ, for the purpose of giving bail. If he do not so require, the officer making the arrest shall keep him in his custody, and take him before such justice on the day and at the hour the defendant is required to appear and answer.

Defendant en

SEC. 957. Upon the defendant being brought before the justice, either on the day on which he is required to appear and answer or titled to give bail. before, he must be allowed to give bail if he desire to.

SEC. 958. The undertaking of bail may be given with one or more Undertaking of sufficient sureties, and must be taken by the justice. The plaintiff bail.

may then and there except to the sufficiency of the bail, and unless he do so he shall be deemed to have accepted it.

Undertaking for SEC. 959. The undertaking for an order for the delivery of personal delivery of per- property claimed in the action shall be taken by the justice who makes sonal property. the order, and he shall require the sureties therein to justify as bail upon arrest; and no exceptions to the sufficiency of such sureties shall thereafter be allowed.

Real property

SEC. 960. Real property or any interest therein can not be attached can not be attached upon a writ of attachment in a civil action in a justice's court.

by process from a justice's court. Justification of sureties.

No formal pleadings necessary.

Actions founded on writings.

SEC. 961. Whenever sureties in an undertaking given in a provisional remedy by either party are required to justify, the justification shall be made before the justice in whose court the action is pending, and upon the notice prescribed in such cases by this code, or upon a shorter notice, to be prescribed by order of the justice.

SEC. 962. No formal pleadings on the part of either plaintiff or defendant shall be required in a justice's court; but before any process shall be issued in any action the plaintiff shall file with the justice the instrument sued on, and a statement of the account as of the facts constituting the cause of action upon which the action is founded; and the defendant shall, before the trial is commenced, file the instrument, account, or statement of his set-off or counterclaim relied upon.

SEC. 963. When the action is founded on any instrument of writing purporting to have been executed by the defendant, and the debt or damage claimed may be ascertained by such instrument, the same shall be filed with the justice, and no other statement or pleading shall -upon account. be required. If the action be upon an account, a bill of the items constituting the account shall be filed. In all other cases a statement of the facts constituting the cause of action and the amount or sum demanded shall be filed with the justice; but no action shall be dismissed or discontinued for want of any such statement as cause of action, or for any defect or insufficiency thereof, if the plaintiff shall file the instrument or account as a sufficient statement before the jury is sworn or the trial commenced, or when required by the justice.

-on lost instrument.

Trials in justice's court.

When postponement allowed.

SEC. 964. If such instrument be alleged to be lost or destroyed, it shall be sufficient for the plaintiff to file with the justice the affidavit of himself, or some other credible person, stating such loss or destruction, and setting forth the substance of such instrument.

SEC. 965. When a cause is at issue upon a question of fact the jus tice must, upon sufficient cause shown, on the application of either party, postpone the trial for a period not exceeding sixty days.

SEC. 966. When the defendant is in custody a postponement of the When it distrial granted upon the application of the plaintiff for a longer period charges defendant than one day discharges the defendant from such arrest; and in such case the justice must indorse upon the writ of arrest, "The defendant is discharged from custody upon the within process," and sign the same with his name and office.

from arrest.

SEC. 967. An application for the postponement of a trial must be When deposition granted unless the party applying therefor, if required by the to be taken. adverse party, consent to take the deposition of any witness of such adverse party then in attendance upon the court. If the consent is given, the justice must take such deposition, and the same may be read on the trial, subject to the same objections as if the witness were present and gave the testimony orally.

Change of place

SEC. 968. The justice may change the place of trial, on notice of either party to the action, when it appears from the affidavit of such of trial. party either

First. That the justice is a party to, or directly interested in, the event of the action, or connected by consanguinity or affinity, within the third degree, with the adverse party or those for whom he prosecutes or defends;

Second. That the justice is so prejudiced against the party making the motion that he can not expect an impartial trial before the justice; Third. That the convenience of parties and witnesses would be promoted by such change, and that the motion is not made for the purpose of delay.

The motion for change of the place of trial can not be made or allowed in any action until after the cause is at issue on a question of fact only. If the motion is allowed, the change shall be made to the nearest justice. Neither party shall be entitled to more than one change of the place of trial, except for causes not in existence when the first change was allowed. When the place of trial has been changed, the justice shall forthwith transmit to the nearest justice a transcript of the proceedings had in such cause, with all the original papers filed therein.

Costs of change

SEC. 969. The costs of such change of venue shall be paid by the party applying therefor, and not taxed as a part of the costs in the of venue. case: Provided, It shall not be necessary to issue new subpoenas to witnesses; but the witnesses shall appear before the justice before whom the cause has been transferred without the issue of any other notice than the allowance of the motion to change the venue.

SEC. 970. Upon the filing of the transcript and papers with the jus- Change, when tice to whom the cause has been transferred, the change of venue shall deemed completbe deemed complete, and thereafter the action shall proceed as though it had been commenced before such justice.

SEC. 971. If it appear on the trial of any cause before a justice of the peace, from the evidence of either party, that the title to lands is in question, which title shall be disputed by the other party, the justice shall immediately make an entry thereof in his docket and cease all further proceedings in the cause, and shall certify and return to the district court a transcript of all the entries made in his docket relating to the case, together with all the process and other papers relating to the action, in the same manner and within the same time as upon an appeal; and thereupon the district court shall proceed in the cause to final judgment and execution in the same manner as if the action had been originally commenced therein; and the costs shall abide with the event of the action.

SUP R S-VOL 2- -90

ed.

Proceeding when title to land

is in issue.

Justice's court.

Demand for jury, how and when made.

Trial by court, how judgment may be given.

Order to mon jury.

sum

When to re

SEC. 972. When a cause is at issue upon a question of fact, if either party then demand a jury trial, and deposit with the justice the trial fee, such issue must be tried by a jury and not the court; but otherwise it must be tried by the court.

SEC. 973. When an issue of fact is tried by the justice it is not necessary that there should be any special statement of the facts found or law determined on such trial, but it is sufficient for the court to give judgment generally, as the law and the evidence may require, for the plaintiff or the defendant, setting forth therein for what amount, or what relief, or to what effect the same is given.

SEC. 974. When a jury has been demanded by a party to an action in a justice's court, the justice must make an order in writing, directed to the marshal or any deputy, or to any person authorized to act as a constable therein, commanding him to summon six persons to serve as jurors in the action between the parties, naming them, at a time and place to be named therein.

SEC. 975. The order shall require the jurors to appear before the quire jurors to ap- justice forthwith, or at some time after it to which the trial of the issue may be postponed.

pear.

Officer to sum

mon

SEC. 976. The officer serving the order for a jury must do so imparpersons tially, by selecting only such persons as he knows or has good reason qualified to serve. to believe are qualified according to law to serve as jurors in the court to which they are summoned and in the particular action for which they are selected.

Order for jury, how served.

Deficiency, how supplied.

Number of peremptory challenges.

Qualifications of

SEC. 977. The officer must serve the order by giving notice to each of the persons selected of the time and place he is required to appear, and for what purpose, and return the same according to the direction therein, with the names of the persons summoned, verified by his own certificate.

SEC. 978. If a sufficient number of jurors do not appear at the time and place required, or if any of those appearing are peremptorily challenged, or upon a challenge for cause found disqualified, the justice must order the proper officer to summon a sufficient number of other qualified persons, until the jury is completed.

SEC. 979. Each party is entitled to two peremptory challenges and

no more.

SEC. 980. A person competent to act as a juror in a justice's court jurors in justice's must possess the qualifications prescribed by this code for jurors in the district court, and must also be an inhabitant of the precinct in which the court is holden at the time he is summoned.

court.