Form of execution.

SEC. 1023. The execution, should judgment of restitution be rendered, may be in the following form:

DISTRICT OF ALASKA.

Appeal by defendant.

Unlawful holding by force.

Notice to quit to be in writing.

-service of.

-action not to

To the marshal of said district:

was

Whereas a certain action for the forcible entry and detention (or
the forcible detention, as the case may be) of the following-described
premises, to wit:
lately tried before me, wherein
plaintiff and
day of
have restitution of said premises; and also that he recover costs in the
sum of
In the name of the United States you are therefore
hereby commanded to cause the defendant to be forthwith removed
from said premises, said plaintiff to have restitution of the same; also,
that you levy of the goods and chattels of said defendant, and make
the costs aforesaid and all accruing costs; and of this writ make legal
service and due return.
Witness my hand this

was defendant, judgment was rendered on the
anno Domini
that the plaintiff,

day of

anno Domini

Commissioner.

SEC. 1024. If judgment be rendered against the defendant for the restitution of the real property described in the complaint, or any part thereof, no appeal shall be taken by the defendant from such judgment until he shall, in addition to the undertaking now required by law upon appeal, give an undertaking to the adverse party, with two sureties, who shall justify in like manner as bail upon arrest, for the payment to the plaintiff of twice the rental value of the real property of which restitution shall be adjudged from the rendition of such judgment until final judgment in the action, if such judgment shall be affirmed upon appeal.

SEC. 1025. The following shall be deemed cases of unlawful holding by force within the meaning of this chapter:

First. When the tenant or person in possession of any premises shall fail or refuse to pay any rent due on the lease or agreement under which he holds, or deliver up the possession of the premises for ten days after demand made in writing for such possession;

Second. When, after a notice to quit as provided in this chapter, any person shall continue in the possession of any premises at the expiration of the time limited in the lease or agreement under which such person holds, or contrary to any condition or covenant thereof, or without any written lease or agreement therefor.

SEC. 1026. A notice to quit must be in writing and must be served upon the tenant or person in possession by being delivered to him or left at the premises in case of his absence therefrom.

SEC. 1027. An action for the recovery of the possession of the premises may be maintained in the cases specified in subdivision second of section one thousand and twenty-five when the notice to quit has been served upon the tenant or person in possession for the period of ten days before the commencement thereof, unless the leasing or occupation is for the purpose of farming or agriculture, in which case such notice must be served for the period of ninety days before commencement of such action.

SEC. 1028. The service of a notice to quit upon a tenant or person be brought before in possession does not authorize an action to be maintained against expiration of peri- him for the possession of the premises before the expiration of any period for which such tenant or person may have paid the rent of such premises in advance.

od for which rent

paid.

Merits of title

SEC. 1029. When the leasing or occupation is for the purpose of Crops sown, etc., farming or agriculture, the tenant or person in possession shall, after before lease exthe termination of such lease or occupancy, have free access to the cultivate and harpires, tenant may premises to cultivate and harvest or gather any crop or produce of vest. the soil planted or sown by him before the service of notice to quit. SEC. 1030. In an action to recover the possession of any land, tenement, or other real property, where the entry is forcible or when not to be questhe possession thereof is unlawfully held by force, the merits of the title shall not be inquired into, and three years' quiet possession of the premises immediately preceding the commencement of such action by the party in possession, or those under whom he holds, may be pleaded in bar thereof, unless the estate of such party in the premises is ended.

tioned in action.

-limitation.

Notice to quit in

of Civil Procedure.

SEC. 1031. In any action to recover the possession of real property, as provided in chapter thirty-two of the Code of Civil Procedure, action under Code notice to quit, when necessary, may be given as prescribed in this chapter, and nothing in this chapter shall be construed so as to prevent such action being maintained for the recovery of the possession of real property, although the entry of the defendant be forcible or his holding unlawful and with force.

SEC. 1032. That wherever the word "precinct" occurs in this Act it shall be construed to mean the neighborhood in which the commissioner resides, as designated in the order of his appointment, unless where the court by special order, duly made and entered, definitely prescribes the limits of the precinct.

CHAPTER ONE HUNDRED.

OF WITNESSES, INSPECTION AND PROOF OF RECORDS AND OF PRIVATE

SEC. 1033. Neither parties nor other persons who have an interest in the event of an action or proceeding are excluded as witnesses; nor those who have been convicted of crime; nor persons on account of their opinions on matters of religious belief; although in every case, except the latter, the credibility of the witness may be drawn in question, according to the rules of the common law.

Precinct defined

Competent wit

nesses.

Incompetent

SEC. 1034. The following persons shall not be witnesses: 1. Those of unsound mind at the time of the transaction and of their production witnesses. for examination. 2. Children under ten years of age, who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly.

SEC. 1035. A husband shall not be examined for or against his wife, without her consent, nor a wife for or against her husband, without his consent; nor can either, during the marriage or afterwards be, without the consent of the other, examined as to any communications made by one to the other during marriage, but the exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other.

Competency of husband and wife.

SEC. 1036. An attorney shall not, without the consent of his client, attorney. be examined as to any communication made by his client to him, or his advice given thereon, in the course of his professional employment.

-clergyman.

-physician.

public records.

SEC. 1037. A priest or clergyman shall not, without the consent of the person making the confession, be examined as to any confession made to him in his professional capacity, in the course of discipline enjoined by the church to which he belongs.

SEC. 1038. A physician or surgeon shall not, against the objection of his patient, be examined in a civil action or proceeding as to any information acquired in attending the patient which was necessary to enable him to prescribe or act for the patient.

Inspection of SEC. 1039. Every person has a right to inspect any public writing or record in said district, and every public officer having the custody thereof is bound to permit such inspection, and to give on demand and on payment of the legal fees therefor, a certified copy of such writing or record, and such copy shall in all cases be evidence of the original.

Proof of public records.

Private seals abolished.

Title by adverse possession.

Sale or transfer

livery

SEC. 1040. A judicial, legislative, or executive record of said district, or of any State or Territory of the United States, or of any foreign country, or of any political subdivision of either, may be proved by the production of the original, or by a copy thereof, certified by the clerk or other person having the legal custody thereof, with the seal of the court or the official seal of such person affixed thereto, if it or he have a seal, or otherwise authenticated as required by sections nine hundred and five, nine hundred and six, and nine hundred and seven of the Revised Statutes of the United States.

SEC. 1041. Private seals and scrolls as a substitute therefor are abolished and are not required to any instrument, but the effect thereof, when used, shall remain unchanged.

SEC. 1042. The uninterrupted adverse notorious possession of real property under color and claim of title for seven years or more shall be conclusively presumed to give title thereto except as against the United States.

SEC. 1043. Every sale or assignment of personal property, unless of personal property without de- accompanied by the immediate delivery and the actual and continued change of possession of the thing sold or assigned, shall be presumed prima facie to be a fraud against the creditors of the vendor or assignor, and subsequent purchasers in good faith and for a valuable consideration, during the time such property remains in the possession of said vendor or assignor.

Agreement void

unless in writing.

SEC. 1044. In the following cases an agreement is void unless the same or some note or memorandum thereof expressing the consideration be in writing and subscribed by the party to be charged, or by his lawfully authorized agent:

(1) An agreement that by its terms is not to be performed within a year from the making thereof;

(2) An agreement to answer for the debt, default, or miscarriage of another;

(3) An agreement by an executor or administrator to pay the debts of his testator or intestate out of his own estate;

(4) An agreement made upon consideration of marriage, other than a mutual promise to marry;

(5) An agreement for the sale of personal property at a price not less than fifty dollars, unless the buyer accept and receive some part of such personal property, or pay at the time some part of the purchase price; but when the sale is made by auction, an entry by the auctioneer in his sale book, at the time of the sale, of the property sold, the terms of the sale, the price, and the names of the purchaser and person for whose account the sale is made, is a sufficient memorandum.

(6) An agreement for leasing for a longer period than one year, or for the sale of real property, or of any interest therein, or to charge or encumber the same.

(7) An agreement concerning real property made by an agent of the party sought to be charged, unless the authority of the agent be in writing.

SEC. 1045. No evidence is admissible to charge a person upon a representation as to the credit, skill, or character of a third person unless such representation or some memorandum thereof be in writing, and either subscribed by or in the handwriting of the party to be charged.

Sale or transfer

SEC. 1046. No estate or interest in real property, other than a lease for a term not exceeding one year, nor any trust or power concerning of real property. such property, can be created, transferred, or declared otherwise than by operation of law, or by a conveyance or other instrument in writing -execution of subscribed by the party creating, transferring, or declaring the same, conveyance. or by his lawful agent under written authority, and executed with

such formalities as are required by law.

SEC. 1047. The last section shall not be construed to affect the power

Disposition of

of a testator in the disposition of his real property by a last will property by will. and testament, nor to prevent a trust arising or being extinguished by implication or operation of law, nor to affect the power of a court to compel specific performance of an agreement in relation to such property.

SEC. 1048. A sale or transfer of a boat or vessel is not valid unless it be in writing and signed by the party making the transfer.

Sale or transfer of boat or vessel.

SEC. 1. It shall be the duty of the judge of each division of the dis- -judge to ditrict court for the district of Alaska, by an order to be entered upon vide district into the journal of the court, to divide the respective divisions of the dis- precincts. trict into precincts, and he may thereafter, from time to time, alter the same and establish new precincts as the public convenience may require. He shall define the boundaries of such precincts by topographical lines or otherwise, as may be most convenient.

Additional com

SEC. 2. The boundaries of the precincts shall be so established that, considering distance and means of travel, public convenience may be missioners. promoted by requiring the appointment of commissioners by the division of the district court most readily accessible to the area embraced in the precinct. Precincts shall bear such name or number as the court in the order creating it may designate. The precinct lines shall only

Jurisdiction and

missioners.

be regarded for purposes of convenience in fixing identity, but shall not be limitations on the jurisdiction of commissioners as established by law.

SEC. 3. In the event of failure of the judges to include all of the disauthority of com- trict within precinct limits, the Attorney-General may, by order, cause the omitted area to be attached to or embraced in an established precinct or precincts.

To be provided with blank notes.

Marriage a civil contract; at what

age contracted.

Between what persons prohibited.

When voidable.

By whom solemnized.

How solemnized.

Certificate of marriage.

Marriages by de facto clergymen or judicial officers.

SEC. 4. The Attorney-General may, from time to time, make such rules and regulations, not in conflict with law, as he may deem necessary to insure the efficient administration of the law and to avoid conflicts of jurisdiction or of officials in the district.

11. Marriages by the de facto clergymen 17. Neither liable for the other's debts. or judicial officers.

SEC. 5. Marriage is a civil contract, which may be entered into by males of the age of twenty-one years and females of the age of eighteen years who are otherwise capable.

SEC. 6. The following marriages are prohibited:

(1) When either party thereto has a husband or wife living at the time of such marriage.

(2) When the parties thereto are related to each other within and not including the fourth degree of consanguinity, whether of the whole or half blood, computed according to the rules of the civil law.

SEC. 7. When either party to a marriage shall be incapable of consenting thereto for want of legal age or sufficient understanding, or when the consent of either party shall be obtained by force or fraud, such marriage is voidable, but only at the suit of the party laboring under the disability or upon whom the force or fraud is imposed.

SEC. 8. Marriages may be solemnized by any minister or priest of any church or congregation in the district anywhere within the district, and by any judicial officer of the district anywhere within his jurisdiction, and commissioners as ex officio justices of the peace are to be deemed judicial officers of the district within the meaning of this

section.

SEC. 9. In the solemnization of marriage no particular form is required, except that the parties thereto shall assent or declare in the presence of each other and of the minister, priest, or judicial officer solemnizing the same, and in the presence of at least two attending witnesses, that they take each other to be husband and wife.

SEC. 10. The person solemnizing the marriage shall give to each of the parties thereto a certificate thereof, specifying therein the names and residence of the parties and of at least two witnesses present at the time and place of such marriage.

SEC. 11. A marriage solemnized before any person professing to be a minister or priest of any church or congregation in the district or any judicial officer thereof is not void, nor shall the validity thereof be in any way affected, on account of any want of power or authority in such person, if such marriage be consummated with a belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.