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TERRITORY OF WYOMING.
AN ACT TO ESTABLISH THE COURTS OF AND DEFINE THE JURISDICTION OF
JUSTICES OF THE PEACE.
Be it enacted by the Council and House of Representatives
of the Territory of Wyoming, as follows :
CIVIL PROCEDURE-JURISDICTION OF JUSTICES OF THE PEACE.
the justice resides.
Section 1. The jurisdiction of justices of the peace, in
, all cases, shall, unless otherwise directed by law, be limited limited to com to the counties wherein they shall reside.
Sec. 2. Justices of the peace, within and coextensive Hatent of juwith their respective counties, shall have jurisdiction and thority. authority:
First, To administer an oath or affirmation authorized or required by law to be administered.
Second, To take the acknowledgment of deeds, mortgages, and other instruments of writing.
Third, To solemnize mrrriages.
Fourth, To issue subpænas for witnesses and coerce their attendance in causes or matters pending before them, or other cause or matter wherein they may be required to take ilepositions.
Fifth, To try the action for forcible entry and detention or detention only, of real property.
Sixth, To proceed against sureties for costs and amount of bail, on the stay of execution on their dockets.
Seventh, To issue attachments, and proceed against the goods and effects of debtors in certain cases as provided by law.
Eighth, To issue executions on judgments rendered by them.
Ninth, To try the right of the claimant to property taken in execution or on attachment.
Tenth, Of an action arising on contract expressed or implied for the recovery of money only, if the sum claimed does not exceed one hundred dollars, whether the sum claimed be an original specified amount in a contract, or the balance of unadjusted accounts or claims between the parties.
Eleventh, Of an action for damages for an injury to the person, or for a trespass upon real property, or for taking, detaining, or injuring personal property, if the damages claimed do not exceed one hundred dollars.
Twelfth, Of an action for a penalty not exceeding one hundred dollars, given by the statutes.
Thirteenth, Of an action upon bonds conditioned for the payment of money where the amount claimed does not exceed one hundred dollars, though the penalty exceed that sum, the judgment to be given for the sum actually due.
Fourteenth, An action may be brought upon any instrument payable in installments, as each installment becomes due, when such instrument and amount shall be within a justice's jurisdiction as herein provided.
Fifteenth, To enter judgment on the confession of a defendant when the amount does not exceed one hundred dollars.
Seventeenth, In all civil actions to be brought against
[a] constable or sureties to his official undertakings, or against both, for the failure of any constable to pay over any money by him collected, to the party thereto entitled, or for any neglect of duty by such constable in his official capacity, when the sum sought to be recovered by the plaintiff in such action shall not exceed one hundred dollars.
SEC. 3. Justices of the peace shall not have cognizance of any action:
First, To recover damages for an assault, or assault and battery where the damages exceed one hundred dollars. Second, In actions for malicious prosecution.
Third, In actions against justices of the peace or other officers for misconduct in office, except in cases provided in this act or by other statutes.
Fourth, In actions for slander.
Actions to which jurisdiction does not extend.
Fifth, In actions on contract pertaining to real estate, except leases and those contracts coming within the forcible detainer act.
Sirth, In actious for false imprisonment.
Seventh, In actions for libel, or criminal conversation, or seduction, or upon a promise to marry.
Eighth, Nor in actions in which the title to real estate is sought to be recovered, or may properly be drawn in question. SEC. 4. Every justice of the peace shall keep his office in the precinct for which he may be elected or appointed, and not elsewhere, but he may issue process in any place in the county.
office with attor
SEC. 5. No justice of the peace shall hold his office in Shall not hold the same room with a practicing attorney, unless such ney, &c. attorney shall be his law partner; and in that case, such partner shall not be permitted to appear or practice as an attorney, in any case tried before such justice.
Shall keep of where appointed.
fice in precinct
May process throughout
SEC. 6. Every justice of the peace in this territory, Miscellaneous after qualifying, is hereby authorized to hold his court for the trial of all actions of which jurisdiction is given him by law, and to hear, try, and determine the same according to law; and for that purpose, when no special provision is otherwise made by law, such court shall be vested with all the necessary
powers which are possessed by courts of record in this territory; and all laws of a general nature are to apply to such justice's court, so far as the same may be applicable, and not inconsistent with the provisions of this act.
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1. Docket entries. 2. Commencement of suits. 3. Service
and return of process. Sec. 7. Every justice of the peace shall keep a docket in which he shall enter :
First, The title of all causes commenced before him.
Second, The time when the process was issued against the defendant and the particular nature thereof, and to what officer delivered.
Third, The time when the parties appeared before him, either without or upon the return of process.
Fourth, A brief statement of the nature of the plaintiff's demand, and the amount claimed, and if any set-off was pleaded, a similar statement of the set-off and the amount claimed.
Fifth, Every adjournment stating at whose request, and for what time.
Sixth, The time when the trial waz had, stating whether the same was by the jury or by the justice.
Seventh, The verdict of the jury, and when rendered and the judgment thereon.
Eighth, The judgment of the court.
Ninth, The time of issuing execution, and the naine of the officer to whom delivered.
Tenth, The fact of an appeal having been taken and allowed, and when taken and allowed.
Eleventh, Satisfaction of judgement and when made.
Twelfth, And such other entries as may be material,
showing the proceedings before the justice. Actions, how SEC. 8. Civil actions before justices of the peace are
commenced by summons, or by the appearance and agreement of the parties without summons. In the former,
and when commenced.
the action is deemed commenced upon delivery of the writ to the constable to be served, and he shall note thereon the time of receiving the same. In the latter case, the action is deemed commenced at the time of docketing the case on the appearance of the parties.
Sec. I. All persons over fourteen years of under twenty-one, when subject to no disability other than to jurisdiction. being a minor, may sue or be sued, and when plaintiff shall sue by a next friend, to be nominated by him and appointed by the court before suit shall be commenced, and such next friend shall be liable for the cost chargable to the plaintiff. When such minor shall be sued, he shall appear by guardian, to be nominated by him and appointed by the court, before any proceedings shall be had in the case; but judgment shall be rendered against the minor defendant only. In either case, if plaintiff or defendant neglect or refuse to nominate a next frierd or guardian, the court shall appoint some discreet person to be such next friend or guardian, who, in any case, shall consent in writing, which consent shall be filed with the justice.
Sec. 10. The style of the summons shall be, “ Territory Summons. of Wyoming,
County;" it shall be dated the evin. day it is issued, signed by the justice issuing the same, larki directed to the constable or sheriff of the proper county ; it must contain the name of the defendant or defendants, if known; if unknown, a fictitious name to be used, and command the officer serving the same to summon the defendant or defendants to appear before such justice, at his office, in
county, at a time specified therein, and must describe the plaintiff's cause of action in such general terms as to apprise the defendant of the nature of the claim against him; and there shall be indorsed on the writ, the amount for which the plaintiff will take judgment, if the defendant fail to appear. Judgment shall not be rendered for a larger amount and costs than is claimed, nor for such amount without proof of the correctness of the plaintiff's demand.
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