Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1879-12-12


said first day OF December, one thou
sand, eight hundred and seventy-three,
any portion Of ,ehich is embraced in
any section Of said rcris,on, are here
by repealed, and the section applicable
thereto shall be in force in lieu there
Of; all parts of such acts not contain
ed in such revision, having been re-
pealed or superseded by subsequent
acts, or not being general and perma-
nent in their nature"
Now, since this extended probate
jurisdiction for Idaho is not mentioned
in any Of the sections of this revision
embraced in the said seventy three
titles of said revision of statutes.
therefore it is claimed that Idaho's
extended probate jurisdiction, having
been passed in 1870 is therefore re-
pealed, and that our probate courts
are all wrong, and have been wrong
since 1874, the time of the passage of
this revision in entertaining and ex-
ercising civil and criminal jurisdiction
We think close examination of this
section 1896, which is the only section
that repeats, and the act of 1870
which conferred our probate extension
of jurisdiction will settle the question
adversely to the repeal of our extend
ed probate jurisdiction. Our probate
extension act was a distinct act, passed
by itself and for a distinct purpose,
and was not in any manner coupled
with any other provision foreign to
such jurisdiction, and was for Idaho
alone The act reads as follows, with
it's title:
AN ACT to enlarge the Jurisdiction Of
the Probate Courts in Idaho Terri
tory.
Be 1t enacted hy the Senate and
House Of Representatives. Of the Unit
ed States Of america in Congress as
sembled, That the probate courts Of
the Territory of Idaho in their respec-
tive counties in addition to their pro-
bate jurisdiction be and they are here
by authorized to hear and determine
oil civil cases wherein the damage or
debt claimed does not exceed the sum
of five hundred dollars, exclusive OF
interest, and such criminal causes aris
ing under the laws of the territory as
do not require the intervention Of a
grand jury: Provided that they shall
not have jurisdiction in any matter in
controversy when the title, boundary
or right to the peaceablc possession Of
land may be in dispute or in chanccry
or divorce cases, and provided furthe,
that in all cases on appeal may b.
taken from any order, Judgment Of
decree of said probate courts to the
the district court.
/ SEC. 2. And be it further enacted
That all acts and parts Of acts incon
sistcnt with this act are hereby re
pealed: Provided that this act shall
J not affect any suit pending in the dis
trict courts of said ~territory at tn,
time of its passage
Approved Dec. l3, 1870.
1t is evident from the repeating pro
vision of Section 1896 of the Revised
Statutes that it applies only to those
acts Amy portion of which is embraced
in any section of said revision" ant
the revised sections are in lieu Of thu
original acts. The sections Of TIL
revision nowhere touch any portion o
our probate extension act, and no sec
ton is embodied in the revision in lie,
Of this act; hence the act il not re
pealed, but remains in all its fore
among the statutes at large, and on
probate courts still retain all the iuris
diction given to them in the said az
: Of 1870. This condition is logical
and as matter of justice and ex
pediency the opinion should be preva
lent is. settled.