Page:United States Statutes at Large Volume 31.djvu/495

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FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 443 Sec. 699. The district court is a court of general jurisdiction, civil The districtcourt. and criminal, and also shall have admiralty jurisdiction. Sec. 700. A justice’s court is a court held by a commissioner as ex J¤¤tice’¤c¤¤¤- officio justice of the peace within the precinct for which he may be appointed. There are no particular terms of such court, but the same is always open fO1' the transaction of business, according to the mode of roceedin prescribed for it. Sho. 701. The mode of proceeding and the rules of evidence are the ‘ M°d¢¤*P¤‘¤¤¢¤di¤¤- same in a justice’s court as in a like action or proceeding in a court of record, except where otherwise specially provided. Sec. 702. A justice’s court has jurisdiction, but not exclusive, of the t,gg};*(§§j,‘§°’* °‘ j“**· following actions: ` First. For the recovery of money or damages only, when the amount claimed does not exceed one thousand dollars; Second. For the recovery of specific personal pro erty, when the value of the roperty claimed and the damages for the Hetention do not exceed one tgousand dollars; Third. For the recovery of any penalty or forfeiture, whether given gyustatute or arising out of contract, not exceeding one thousand o ars; Fourth. Also, to give jud ment without action upon the confession of the defendant for any of the cases specified in this section, except for a genalty or forfeiture imposed by statute. nc. 703. The jurisdiction conferred by the last section does not ,¤·fj*`{j,¤;*fjg_*ga*;¤¤jg;&;° extend, however—— ` First. To an action in which the title to real property shall come in question; Second. To an action for false imprisonment, libel, slander, malicious prosecution, criminal conversation, seduction, upon a promise to marry, in actions of an equitable nature or in admiralty causes. Sec. 7 04. In an action in a justice’s court to recover a penalty or baiggggezgjgn ¤¤¤v forfeiture given by statute the cause of action or some part thereof ' must have arisen within the precinct where the action is commenced, or upon a lake, river, or other water bordering upon such precinct and opposite thereto; but otherwise than this the jurisdiction of justice’s court does not depend upon where the cause arose, provided that the defendant shall reside in the (precinct where the action is commenced, or Krsonal service can be ha on the defendant in such precinct; and if e defendant do not reside in the district, the action may be commenced in the precinct in which the plaintiif resides. Sec. 705. Every court of justice has power- _ B Egger pgdggjjt jg; First. To reserve and en orce order IH its immediate presence; J€eunf§° P - Second. Tld enforce order in the dproceedings before it, or before a person or body empowered to con act a judicial investigation under its authority; Third. To provide for the orderly conduct of proceedings before it or its officers; · Fourth. To compel obedience to it judgments, orders, and process, and to the orders of a judge out of court in an action or proceeding pending therein; . Fifth. To control, in furtherance of justice, the conduct of its ·ministerial officersyand of all other persons in any manner connected vjlith a judicial proceeding before it in every matter appertaining t ereto: Sixth. To compel the attendance of persons to testifiy in an action or roceeding therein in the cases and manner provide by this code; Shventh. o administer oaths in an action, or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers or the performance of its duties.