one hundred dollars, exclusive of interest, and in cases involving the title or possession of real property.

Appellate jurisdiction in Justice Court actions, and orders of judgments of the Probate Courts in certain cases.

The Probate Courts have jurisdiction of estates of deceased persons.

Justices' Courts have jurisdiction as follows:

1. Of an action arising on contract for the recovery of money only, if the sum claimed does not exceed three hundred dollars.

2. Of an action for damages for injury to the person, or for taking or detaining personal property, or for injuring real or personal property, if the damages claimed do not exceed three hundred dollars.

3. Of an action upon a bond conditioned for the payment of money not exceeding three hundred dollars, though the penalty exceed that sum, the judgment to be given for the sum actually due; when the payments are to be made by installments, an action may be brought for each installment as it becomes due.

4. Of an action for the foreclosure of any mortgage, or the enforcement of any lien on personal property, where the debt secured does not exceed three hundred dollars.

5. Of an action to recover personal property, when the value of such personal property does not exceed three hundred dollars. Their jurisdiction does not extend to civil actions in which the' title to real property is brought in question.

CHAPTER II.

TERMS OF COURTS, WHEN AND WHERE HELD.

The Supreme Court is held at Tucson, commencing on the first Monday in January of each year.

The District Courts in the several counties are held as follows:

Pima County, on the second Monday of February and first Monday in August, of each year.

Yuma County, on the third Monday of March and first Monday of December, in each year.

Yavapai County, on the first Monday of May and first Monday of October, in each year.

Maricopa County, on the first Monday of April and first Monday in September, of each year.

Mohave County, on the first Monday of June and the second Monday in November, of each year.

Pinal County, on the first Monday of June, in each year.
District Court is held at the county seat of each county.

Probate Court is held at the county seat of each county, on the first Monday of January, April, July and October, in each year, and the judge may hold such adjourned or special terms as he thinks proper.

Justices' Courts are always open for the transaction of business.

CHAPTER III.

COMMENCEMENT OF SUITS.

Civil actions are commenced by filing a complaint with the Court or justice, and issuing a summons thereon.

The defendant is required to answer the complaint in District Court actions as follows:

1. If the defendant is served within the county in which the action is brought-twenty days.

2. If the defendant is served out of the county, but in the district in which the action is brought-thirty days.

3. In all other cases-forty days.

Where personal service cannot be had, by reason of the defend

ant being out of the Territory, or where he conceals himself to avoid service of process, service is made by publication, upon an order made by the judge or justice of the peace.

In District Court actions the order shall direct the publication to be made in some newspaper to be designated as most likely to give notice to the defendant; the last of such insertions to be sixty days from the first; the order prescribes the time for publication. In Justice Court actions the publication shall be once a week for at least four weeks, and the justice shall issue a new summons returnable in not less than sixty, nor more than seventy days from its date.

In Justice Court actions the time mentioned in the summons for the appearance of the defendant and the time of service shall be as follows:

1. When the summons is accompanied by an order to arrest the defendant, it shall be returnable immediately.

2. When the defendant is not a resident of the county, it shall be returnable not more than two days from its date, and shall be served at least one day before the time for appearance.

3. In all other cases it shall be returnable in not less than six nor more than ten days from its date, and shall be served at least four days before the time for appearance.

CHAPTER IV.

PLACE OF TRIAL OF CIVIL ACTIONS.

Actions for the following causes shall be tried in the county in which the subject of the action, or some part thereof, is situated:

1. For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property.

2. For the partition of real property.

3. For the foreclosure of a mortgage of real property.

Actions for the following causes shall be tried in the county where the cause, or some part thereof, arose :

1. For the recovery of a penalty or forfeiture imposed by statute. 2. Against a public officer.

In other cases the action shall be tried in the county in which the parties, or some of them, reside, at the commencement of the action, or the defendant may be found; or if none of the parties reside in the Territory, the same may be tried in any county which the plaintiff may designate in his complaint.

The Court may, on motion, change the place of trial.

1. When the county designated in the complaint is not the proper county.

2. When there is reason to believe that an impartial trial cannot be had therein.

3. When the convenience of witnesses and the ends of justice would be promoted by the change.

4. When from any cause the judge is disqualified from acting in the action.

No person shall be held to answer to any summons issued against him from a Justice's Court in a civil action, in any precinct other than the one in which he or the plaintiff shall reside, except in the cases following:

1. Where there shall be no Justice's Court for the precinct or village in which the defendant or plaintiff may reside, or no justice competent to act in the case.

2. When two or more persons shall be jointly or jointly and severally bound in any debt or contract, or otherwise jointly liable in the same action, and reside in different precincts of the same county, or in different counties, the plaintiff may prosecute his action in a Justice's Court of the precinct or county in which any of the debtors or other persons liable may reside.

3. In case of injury to the person, or to real and personal property, the plaintiff may prosecute his action in the precinct where the injury was committed, or where the defendant may be found.

4. Where personal property, unjustly taken or detained, is

claimed, or damages therefor are claimed, the plaintiff may bring his action in any precinct or county in which the property may be found, or in which the property was taken.

5. When the defendant is a non-resident of the county, he may be sued in any precinct, village or city wherein he may be found. 6. When a person has contracted to perform any obligation at a particular place, and resides in another, he may be sued in the precinct in which such obligation is to be performed or in which he resides.

7. When the foreclosure of a mortgage, or the enforcement of a lien upon personal property, is sought by the action, the plaintiff may sue in the precinct, village or city where the property is situated.

CHAPTER V. ›

LIMITATION OF ACTIONS.

The periods prescribed for the commencement of actions are as follows:

Within five years-An action for the recovery of real property or the possession thereof; an action upon a judgment or decree of any Court of the United States, or of any State or Territory within the United States.

Within four years-An action upon any contract, obligation, or liability founded upon an instrument of writing.

Within three years-An action for trespass upon real property; an action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property; an action for relief on the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud.