JUSTICES' COURTS.

CALIFORNIA, NEVADA AND IDAHO.*

Jurisdiction.-See COURTS OF JUSTICE.

Parties may Appear in Person or by Attorney.-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 his attorney, except that the constable by whom the summons or jury process was served, shall not appear or act on the trial in behalf of either party.

Venue of 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 township or city other than the one in which he shall reside, except in the cases following:

1st. When there shall be no justice's court for the township or city in which the defendant may reside, or no justice competent to act on the case.

2d. 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 townships or different cities of the same county, or in different counties, the plaintiff may prosecute his action in a justice's court of the township or city in which any of the debtors or other persons liable may reside.

3d. In cases of injury to the person, or to real or personal property, the plaintiff may prosecute his action in the township or city where the injury was committed.

4th. When personal property unjustly taken or detained is claimed, or damages therefor are claimed, the plaintiff may bring his action in any township or city in which the property may be found, or in which the property was taken.

5th. When the defendant is a non-resident of the county, he may be sued in any township or city wherein he may be found.

*In Nevada and Idaho, an appeal lies to the district court. Wherever "county court" occurs, read "district court," as far as Nevada and Idaho are concerned.

6th. Where a person has contracted to perform any obligation at a particular place, and resides in another township or city, he may be sued in the township or city in which such obligation is to be performed, or in which he resides. [And for the purpose of justice's court jurisdiction under this clause, the township or city in which the obligation is incurred shall be deemed to be the township or city in which it is to be performed, unless there is a special contract to the contrary-applicable to California alone.]

7th. 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 township or city where the property is situated.

8th. Any person or persons residing in the city of San Francisco, may be held to answer to any summons issued against him or them from the court of a justice for any township within the corporate limits of the city of San Francisco, in any action or proceeding whereof justices of the peace of the city or county of San Francisco have or may have jurisdiction by law provided, nothing herein shall be construed to allow any justice of said city or county to hold a court in any other township than the one for which he shall have been elected. [Applicable to California alone.* In Idaho, justices of the peace have jurisdiction throughout the county for which they are elcted.]

Judgment by Confession.-Judgment upon confession may be entered up in any justice's court in the state, specified in the confession. See CONFESSION OF JUDGMENT.

Voluntary Appearance of Parties.-Justices' courts shall have jurisdiction of an action and the persons of the parties thereto upon the voluntary appearance of the parties without summons, and without regard to their residences, or the place where the cause of action arose, or the subject matter of the action may exist. [Same in Nevada to here.] The plaintiff may commence an action by summons, either

*In San Francisco, by a subsequent law, the several justices' courts are consolidated into one, with five judges, one of whom is chief justice.

in the township or city where the contract was by its terms to be performed, or in which the defendant resides, as he may elect.

Commencement of Actions.-Actions in justices' courts shall be commenced by filing a copy of the account, note, bill, bond, or instrument upon which the action is brought, or a concise statement in writing of the cause of action, and the issuance of a summons thereon, within one year after the filing of the same, 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 appearance.

Service of Summons.-Personal service of a summons must be had except in certain cases specified in the next paragraph. Service must be made by a sheriff, constable, or person specially deputed. In Idaho, the constable is not allowed to appoint a deputy. In San Francisco, the office of constable is abolished-all papers are served by the sheriff.

Service by Publication.-When the person upon whom the service is to be made resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, and the fact shall appear, by affidavit, to the satisfaction of the justice, and it shall, in like manner, appear that a cause of action exists against the defendant in respect to whom the service is to be made, the justice shall grant an order that service be made by the publication of the summons. The order shall direct the publication to be made in a newspaper, to be designated as most likely to give notice to the person to be served, and for such length of time as may be deemed reasonable, at least one week: provided, that publication against a defendant residing out of the state, or absent therefrom, shall not be less than three months. The service of summons shall be deemed complete at the expiration of the time prescribed by the order of publication; the justice shall also direct a copy of the summons to be forthwith deposited in the post-office, directed to the person to be served, at his place of residence.

In Idaho, the proceedings are as follows: When the person upon whom the service is to be made resides out of the county in which the action is brought, or absents himself therefrom for more than six months, or conceals himself to avoid the service of summons, and that fact shall appear by affidavit to the satisfaction of the justice, and it shall in like manner appear that a cause of action exists against the defendant in respect to whom the service is to be made, and that such defendant has property within the county, subject to attachment and execution, the summons may be served by delivering a copy thereof to the person in possession of such property, and leaving the same with such person, or in case such person cannot be ascertained, then by posting such copy at the place where such property is situated, in either of which cases the service of summons shall be deemed complete for the purpose of the action.

In Nevada, instead of publication, the summons may be posted by order of the justice.

Order of Arrest.-An order to arrest the defendant may be indorsed on a summons issued by the justice, and the defendant may be arrested thereon by the sheriff or constable, at the time of serving the summons, and brought before the justice, and there detained until duly discharged, in the following cases, arising after the passage of this act:

1st. In an action for the recovery of money or damages, on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the state, with intent to defraud his creditors; or where the action is for a willful injury to the person, or for taking, detaining or injuring, personal property.

2d. In an action for fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by an attorney, factor, broker, agent or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity.

3d. When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought.

4th. When the defendant has removed, concealed, or disposed of his property, or is about to do so, with intent to defraud his creditors. But no female shall be arrested in any action. [No prohibition appears in the Nevada statutes against the arrest of a female.]

Affidavit and Undertaking.-Before an order for an arrest shall be made, the party applying shall prove to the satisfaction of the justice, by the affidavit of himself or some other person, the facts on which the application is founded. The plaintiff shall also execute and deliver to the justice a written undertaking, with two or more sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay to him all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred dollars.

Duty of Officer making Arrest.-The officer making the arrest shall keep the defendant in custody until duly discharged by order of the justice.

Defendant may Demand immediate Trial.-The defendant under arrest, on his appearance with the officer, may demand a trial immediately, and upon such demand being made, the trial shall not be delayed beyond three hours, except by the trial of another action pending at the time; or he may have an adjournment, and be discharged on giving bail, as provided in the next paragraph. An adjournment at the request of the plaintiff, beyond three hours, shall discharge the defendant from arrest; but the action may proceed, notwithstanding, and the defendant shall be subject to arrest on the execution, in the same manner as if he had not been so discharged.

Attachment as Security.-In an action upon a contract, express or implied, made after the passage of this act, for the direct payment of money, which contract is made or is payable in this State, and is not secured by mortgage, lien or pledge, upon real or personal property, the plaintiff at the time of issuing the summons, or at any time afterwards,