Yukon Valley news., 1906-03-21
Commissioner DismiSSeS the Ac. tiOn on the Ground that He
 Lacks Jurisdiction.


 Woods to recover possession of lot in block above, in Rampant, and dam ages to the amount of $95 for withhold ing said possession, was terminated by being thrown out of court by the com missioner last Saturday.
 In taking this action the court said:
 Upon an examination of the complaint the court is confronted with this question: Has this court jurisdiction of the subject matter of this action? The fact that d justices court is not u court of record or a court of general Jurisdiction and has no power except such as is expressly given it by the code is well settled that it admits of no discussion.
 find that the only powers given justice of the peace in Alaska to try and determine the rights of parties to possession of real estate in Alaska is chapter go, part 1, of the Code of Civil Procedure, found on pages $50, S5l. S52 and S5S of Carter's Alaska Code.
 Sec. 1O15 reads: No person shall enter upon any land tenement or other real prol but in cases where entry is given by law: and in such cases the entry shall not be made with force, but only in peaceabie manner"
 Sec lO16 reads: When a forcible entry shall be made upon any premises or when entry shall be made in peaceable manner and the possession shall be held by force, the person entitled to the premises may main tain an action to recover the possession thereof before the commissioner of the pre- cinct in which such real property is situ- ated."
 Sec. 1ol7 reads: In such action it shall be
 IL. ton of the premises with convenient cer- tainty, that the defendant is in possession thereof that he entered upon the same with force, or unlawfully holds the same with force, as the case may be, and that the plaintiff is entitled to the possession there of"
 Sec 1031 reads: Tn any action to recover the possession of real property, provided by chapter S2 of the Code of Civil Procedure, notice to quit, when necessary, may be given ,,s prescribed in this chapter, and nothing in this chapter shall be construed to pre- vtnt such action being maintained for the recovery of the possession of real property, although the entry of the defendant be forcible or his holding unlawful or with force."
 Sec. 1925 provides that under certain con ditions tenants holding over shall be guilty of forcible detainer.
 Sec. 1Os0 provide that under certain condi- tions three years quit possession of the premises immediately preceding the com mencem ment of the action may be pleaded in bar.
 After thus citing the law, the court emphasized the fact that in no case is iustice's court empowered to try or assess damages, and said: 'lt can be readily seen from the complaint that the allegations for damages are intermin- gled with and in the same paragraph with the allegations for restitution. While the complaint fails to be suih- cient to state a cause of action for pos session and damages, over which the district court has jurisdiction, yet it does show an attempt to state such a ease; while it wholly fails to state a cause of action of iorcible detainer, over which this court would have iuri-.lic- lion, and am therefore constrained to dismiss the action. This action is dismissed without prejudice.
 C. E. Allen was attorney inT the plaintiff and t,surge \. salisbury toF the ,leiensiant it i~ not known whether or not the ease will be carried e. the 'li-- swssf