entries made, approved, and signed by the Judge, cannot be altered only to correct an evident mistake.

SEC. 5. The Judges of the District Courts, respective-Judges to report ly, shall report to the Legislature at each regular sessionto legislature. thereof, all omissions, discrepancies, or other evident imperfections of the law which have fallen under their observation.

to be filed with the clerk of

SEC. 6. The Judges of the Court may report theirDecisions &c., own decisions, or they may appoint a reporter who shall hold his office at the pleasure of the Court, and all deci-court. sions or opinions, and all questions received on appeal, as well as motions, collateral questions, and points of practice, as they may think of sufficient importance, shall be reduced to writing and filed with the Clerk of the Court.

SEC. 7. Each of the Clerks must keep a complete reg-Clerk to keep a ister of all proceedings of the Court with an index to the register. same; and generally, they must perform all the other duties ordinarily pertaining to their offices.

Court may

SEC. 8. The said Courts may adopt all such rules as they may deem expedient, consistent with the law, theadopt rules, prime object of which shall be to carry out the purposes of the statutes, and to subserve the ends of justice, dispensing with all needless forms, and disregarding and Technicalities abridging all technical pleadings with a view to the attainment of justice: all technical forms of actions and pleadings are hereby abolished.

abolished,

ngs shall be

cient.

SEC. 9. Any pleading which possesses the following What plead requisites shall be deemed sufficient. First, when to thedeemed suff common understanding it conveys a reasonable certainty of meaning. Second, when by a fair and natural construction, it shows a substantial cause of action or defence. If defective in the first above particulars, the. Court shall direct a more specific statement. If in the latter, it is ground of demurrer; demurrers for formal" defects are abolished, those for substantial defects must set forth the true ground of objection to the pleading demurred to, upon the determination of any demurrer, the party failing, may demend, or plead upon such terms as the Court deems just, or as it may by general rule prescribe.

Demurrer.

Amendments.

SEC. 10. Immaterialvar iancies, errors, or defects, may be disregarded, or the Court may direct an amendment with, or without costs. No variance, error, or defect shall be deemed material, unless the Court is satisfied that the objecting party will be prejudiced by disregarding it, or by allowing it to be amended. The Court may allow material amendments at any stage of the proceedings upon A copy of a lost such terms, and subject to such rules as it may prescribe. paper may be If an original pleading or paper be lost, or withheld by the original. any person, the Court may authorize a copy thereof to be filed and used instead of the original.

used instead of

By consent any person may act, as judge.

Nonsuit.

SEC. 11. By the consent of the Court and the parties. any person may be selected to act as Judge for the trial of any particular cause or question; and while thus acting he shall possess all the powers of the District Judge in the case.

SEC. 12. The plaintiff cannot take a non-suit without the consent of the defendant, after the latter has claimed Dismissal. a set-off; but he may dismiss his cause of action, leaving the defendant to proceed on his set off in the capacity of Withdrawal ofplaintiff, either may withdraw his claim at any time before the jury retire but not after.

claim.

Costs.

Memorandum

SEC. 13. Costs may be apportioned to either party, or apportioned between them, as shall be deemed equitable by the Court.

SEC. 14. When a judgment is set aside or satisfied by relative to judg-execution or otherwise, the Clerk shall enter a memorandum thereof in the column left for that purpose, in the judgment docket.

ment.

Parties may

present on agreed statement.

Affidavit that

SEC. 15. Parties to a question in difference which migh be the subject of a civil action, may present an agreed statement of the facts thereof, to any Court having jurisdiction of the subject matter.

the subject SEC. 16. It must be shown by affidavit, that the submatter is real. ject matter is real, and that the proceeding is in good faith to determine the rights of the parties thereto.

SEC. 17. The Court must thereupon hear and determine the case, and the judgment rendered thereon will be the

*judgment.

same in all respects as though suit had been brought in Validity of the the regular manner, and will be followed by the same consequences.

SEC. 18. All Judicial proceedings must be public un-, less otherwise specially provided by statute, or otherwise agreed upon by the parties.

To be public.

SEC. 19. The Judge or Justice shall not be disquali- Interest, &c. no fied in consequence of interest, consanguinity, or other-disqualificawise, unless objected to previous to the parties joining is-tion of the sue, and introducing testimony.

judge.

SEC. 20. The Court shall have power to punish by fine, Contempts &c. or imprisonment, or both, at their discretion, for contempts, by fine or may be punishor any wilful disturbing, calculated to interrupt the dueimprisonment. course of its official proceedings, or which may tend to impair the respect due to its authority.

from execution

SEC. 21. Public buildings owned by the Territory orPublic buildany County, City School District, Ward, University, orings exempt Religious society, and burying grounds, are exempt from execution.

Exempt from

SEC. 22. The following property of individuals is also exempt from execution: all wearing apparel kept for actualexecution. use and suitable to the condition of the party, and trunks, and other receptacles to contain the same, one musket, or rifle, and accoutrements, and ammunition required for one hundred charges of loading; the proper tools, instruments, or books of any farmer, mechanic, surveyor, physician, teacher, or professor; the horse or team, and wagon, or other vehicle with the proper harness or tackle by the use of which any physician, public officer, farmer, teamster, or other laborer habitually earns his living; all libraries, family books, portraits and paintings, any interest owned by the debtor or his parents, in one house of public worship, school house or burying ground. If the debtor is head of a family, there is further exempt, one cow and calf for every three persons in the family, one horse, fifty sheep and the wool therefrom, five hogs and all pigs under six months old, the necessary food for all animals, for sixty days exempt from execution; all flax raised by the defendant, and the manufactures therefrom; one bedstead and the necessary bed and bedding for every two in the fam

non-residents

part.

ily; all cloth manufactured in the family of the defendant, or by the defendant; household and kitchen furniture not exceeding one hundred dollars in value; all spinning wheels, and looms, and other instruments of domestic labor, kept for actual use; and the necessary provisions and fuel for the use of the family for six months; said term family does not include strangers or boarders. The earnings of such debtor for his personal services, or those of his family at any time within ninety days next preceding the levy, are also exempt from execution or attach

ment.

SEC. 23.

None of the exemptions herein made are inExemptions not intended for tended for the benefit of non-residents; but their proper or those whoty is liable to execution, with the exception of the ordinary are about to de-wearing apparel; but any person coming within the Territory with the intention of remaining, is a resident within the meaning of this act, and nothing herein shall be so construed as to exempt the property of any transient person, or persons about to depart from the Territory or county, with the intention of removing their effects therefrom.

bate in each

SEC. 24. There shall be a Judge of Probate in each Judge of pro-County within the Territory, whose jurisdiction within his County elected Court in all cases, arises within their respective Counties by the assem-under the laws of the Territory; said Judge shall be elec

bly.

fill vacancy.

ted by the joint vote of the Legislative Assembly, and commissioned by the Governor; they shall hold their offices for the term of four years, and until their successors are elected and qualified. They shall be qualified and sworn by any person authorized to administer oaths, and give bonds and security in the sum of not less than ten thousand dollars, to be approved by the Clerk of the District court or the Judge thereof, and filed in his office.

SEC. 25. In case of a vacancy occurring in the office Governor may of the Judge of Probate, the Governor may appoint and fill such vacancy until the next succeeding Legtslative Assembly, or some subsequent one, shall elect one; said Judge of Probate so appointed shall qualify and give bond as above provided.

Regular sessions.

SEC. 26. The Probate Court shall be considered in law as always open; but for the transaction of business requiring notice, the Judge shall hold regular sessions on

the second Mondays of March, June, September and December of each year, and shall continue at each session one week, or until the business ready for trial shall be disposed of.

SEC. 27. When the District Court is to sit in a CountyTime of holdon any of the days appointed in the preceding section foring sessions may be altered the sessions of the Probate Court, the latter shall be heldin certain cases on the Monday preceding, and when the Judge is required by law to perform any duty which takes him from the County, on one of the appointed days, the session of the Court shall be holden on the following Monday, or such day as the Judge may appoint.

SEC. 28. The Judge of Probate has jurisdiction of theJurisdiction of Probate of Wills, the administration of the estates of de-the judge of probate. ceased persons, and of the guardianship of minors, idiots

and insane persons.

SEC. 29. The Probate records shall be kept in booksProbate records separate from those of the other business of the Court.

SEC. 30. The several Probate Courts in their respec-Powers of the tive Counties, have power to exercise original jurisdic-probate courts. tion both civil and criminal, and as well in Chancery as at Common law, when not prohibited by Legislative enactment; and they shall be governed in all respects by the same general rules and regulations as regards practice as the District Courts.

SEC. 31. Appeals are allowed from all decrees or de-Appeals. cisions of the Probate to the District Courts, except when otherwise expressed on the merit of any matter affecting the rights or interests of individuals, the appeal shall be taken within thirty days from the day on which the decision was made, and shall be taken by claiming the appeal and filing, in the clerk of the Probate Courts office, a bond with one or more sureties and a penal sum to be approved by the Probate Judge or Clerk; said bond shall be conditioned, that said appellant will prosecute the appeal with effect; that if the appeal be dismissed or the judgment below affirmed, he will comply with the judgment, and orders made by the Court below, and that he will pay all costs, and sums of money that may be adjudged against him in the Court appealed to, and will comply

Conditions of "the appeals.