makes against him, without any collusion with him, a demand upon the same contract or for the same property, upon due notice to such person and the adverse party, apply to the court to substitute such person in his place and discharge him from liability to either party, on his depositing in the court the amount claimed on the contract, or delivering the property or its value to such person as the court may direct, and the court may in its discretion make the order.

SEC. 442. Any person shall be entitled to intervene in an action who has an interest, in the matter in litigation, in the success of either of the parties to the action, or an interest against both. An intervention takes place when a third person is permitted to become a party to an action between other persons, either in joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant.

SEC. 443. Any third person may intervene, either before or after issue has been joined in the cause.

SEC. 444. The intervention shall be by petition or complaint, filed in the court in which the action is pending, and it must set forth the grounds upon which the intervention rests. A A copy of the petition or complaint shall be served upon the parties to the action against whom anything is demanded, who shall answer as if it were an original complaint in the action.

SEC. 445. The court shall determine upon the intervention at the same time that the action is decided. If the claim of the party intervening is not sustained, he shall pay all costs incurred by the intervention.

SEC. 446. On the trial of any action in a court of record, at the request of either party, the court may in its discretion appoint a competent person to take down the testimony in writing.

SEC. 447. The party postponing a trial in any court of record, shall also, if required by the adverse party, consent that the testimony of any witness of such adverse party who is in attendance be then taken before any judge or clerk of the court in which the cause is pending, or before any notary public, or other officer authorized to take depositions, as the court may indicate, which shall accordingly be done, and the testimony so taken may be read

in the trial with the same effect, and subject to the same objections, as if the witness was produced.

SEC. 448. Whenever costs are awarded to a party by an appellate court, such party may have an execution for the same on filing a remittitur with the clerk of the court below, and it shall be the duty of such clerk, whenever the remittitur is filed, to issue the execution upon application therefor. And whenever costs are awarded to a party by an order of any court, such party may have an execution therefor in like manner as upon a judgment.

SEC. 449. The supreme court, the several district courts, and the several probate courts, of this Territory, shall be courts of record.

SEC. 450. The sittings of every court of justice shall be public, except as provided in the next section.

SEC. 451. In an action for divorce, the court may direct the trial of any issue of fact joined therein to be private, and upon such directions all persons may be excluded except the officers of the court, the parties, their witnesses and counsel.

SEC. 452. Every court shall have power, First, To preserve and enforce order in its immediate presence. Second, To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority. Third, To compel obedience to its lawful judgments, orders and process, and to the lawful orders of its judge out of court in an action or proceeding pending therein. Fourth, To control, in furtherance of justice the conduct of its ministerial officers.

SEC. 453. A judge shall not act as such in any of the following cases: In an action or proceeding to which he is a party, or in which he is interested, when he is related to either party by consanguinity or affinity within the third degree, when he has been attorney or counsel for either party in the action or proceeding.

SEC. 454. A judge shall not act as attorney or counsel in a court in which he is a judge, or in an action or proeeeding removed therefrom to another court for review, or in any action or proceeding from which an appeal may lie in his own court.

SEC. 455. A judge of the supreme court, or of the district court, shall not act as attorney or counsel in any court, except in an action in which he is a party to the record.

SEC. 456. A judge, or justice of the peace, shall not have a partner acting as attorney or counsel in any court in this Territory.

SEC. 457. If an application for an order, made to a judge of a court in which the action or proceeding is pending, be refused in whole or in part, or be granted conditionally, no subsequent application for the same order shall be made to any other judge, except of a higher court: Provided, That nothing in this section shall be so construed as to apply to motions refused for any informalities in the papers or proceedings necessary to obtain an order.

SEC. 458. A violation of the last section may be punished as a contempt, and an order made contrary thereto may be revoked by the judge who made it, or vacated by a judge of a court in which the action or proceeding is pending.

SEC. 459. The judges of the supreme court, of the district courts, and of the probate courts, shall have power in any part of the Territory, and justices of the peace within their respective counties shall have power, to take and certify, First, The proof and acknowledgment of a conveyance of real property, or of any other instrument required to be proved or acknowledged. Second, An affidavit to be used in any court of justice in this Territory.

SEC. 460. No action or proceeding in a court of justice shall be affected by a vacancy in the office of all or any of the judges, or by a failure of a term thereof.

SEC. 461. Every written proceeding in a court of justice in this Territory, or before a judicial officer, shall be in the English language, but such abbreviations as are now commonly used in that that language may be used and numbers may be expressed by figures or numerals in the customary manner.

SEC. 462. Each of the following courts, and no others, shall have a seal: First, The supreme court. Second, The district courts. Third, The probate courts.

SEC. 463. The clerk of each court shall keep the seal thereof. SEC. 464. The seal of the court need not be affixed to any proceeding therein, except, First, To a summons, writ, or subpoena. Second, To the proof of a will, or the appointment of an executor, an administrator, or guardian. Third, To the authentication of at copy of a record, or other proceeding of the court, or of an officer thereof, for the purpose of evidence in another court, and such other cases as may be prescribed by law.

SEC. 465. The seal may be affixed by impressing it upon the paper, or on a substance attached to the paper and capable of receiving the impression.

SEC. 466. The courts of justice may be held, and judicial business may be transacted, on any day except as provided in the next section.

SEC. 467. No court shall be opened, nor shall any judicial business be transacted, on Sunday, New Year's day, Fourth of July, Christmas day, Washington's birth day, Thanksgiving day, or on a general election, except for the following purposes: First, To give upon their request instructions to a jury then deliberating on their verdict. Second, To receive a verdict or discharge a jury. Third, For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature. Fourth, When it shall appear by the affidavit of the plaintiff, or some one in his behalf, in cases for the recovery of specific personal property, that the defendant is about to conceal, dispose of, or remove such property out of the jurisdiction of the court, an order for taking possession of the same may be issued on any day. Fifth, When an application for a writ of attachment is made, and it shall appear by the affidavit of the plaintiff, or some one in his behalf, that the defendant is about to dispose of, conceal or remove property subject to execution or attachment out of the jurisdiction of the court, a writ of attachment may be issued on any day. When the day fixed for the opening of a court shall fall on any of the days mentioned in this section, the court shall stand adjourned until the next succeeding day.

SEC. 468. Every court of justice, except a justices' court, shall sit at the county seat of the county in which it is held, except as may be otherwise provided by law. No justice of the peace shall hold a court in any other county or city than the one for which he shall have been elected.

TITLE XVIII.

COURTS OF JUSTICE OF THIS TERRITORY.

SEC. 469. The following shall be the courts of justice of this Territory First, The supreme court. Second, The district courts. Third, The probate courts. Fourth, The justices' court.

Supreme Court.

SEC. 470. The supreme court shall have appellate jurisdiction in all civil cases where the amount in dispute exceeds one hundred dollars, and in all criminal cases tried in the district courts, and shall hold its sessions at the capital at the times fixed by law.

District Court.

SEC. 471. The Territory shall be divided into three judicial districts.

SEC. 472. There shall be a district judge for each of the judicial district. The courts held by them shall be district courts of the Territory. The jurisdiction of these courts shall be of two kinds. First, Original. Second, Appellate.

SEC. 473. The district court shall have original jurisdiction in civil cases where the amount in dispute, or value of the property sued for, exceeds fifty dollars, and in all criminal cases not otherwise provided for. Provided, The district court may enter judgment for a less sum than fifty dollars upon the plaintiff paying costs, and may in like manner enter judgment for the recovery of personal property of less than fifty dollars value.

SEC. 474. The appellate jurisdiction of these courts shall extend to hearing upon appeal an order or judgment of a probate court or justice of the peace in the cases provided by law.

SEC. 475. The courts and judges thereof shall have power to issue all writs necessary and proper to the complete exercise of the power conferred on them by the constitution, organic act, and laws of this Territory.

SEC. 476. The terms shall be held at such times and places as provided by law. If a room for holding the court be not provided