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TITLE XXI. CHAPTER 96.
Reports may be
other works, for
use of supreme
1845, p. 113, § 2.
Residue of reports to be ottered tor sale, &c.
Reporter may exchange (brother reports.
Salary of reporter, &c.
Bond to bo filed l>y reporter before warrant drawn.
the office of the county clerk of each county in this state; two copies to the library for the use of the supreme court; and the remainder of said two hundred copies to be deposited in the state library.
Sec. 69. The secretary of state may exchange any chancery or law reports deposited in the state library in pursuance of the preceding1 section, after reserving therein at least ten copies of each, for such other reports or other works on law or equity, as the justices of the supreme court shall designate; which reports or other works procured by such exchange, shall be deposited in the library for the use of the supreme court.
Sec. 70. The remaining eight hundred copies of said reports shall be offered for sale by the reporter, at a price not exceeding three dollars and fifty cents for each copy sold to, and for the use of residents of this state, and five dollars for each copy sold to, or for the use of persons residing out of this state.
Sec. 71. The reporter may, in his discretion, exchange any number of copies of said reports,-not exceeding five hundred, for the reports of the decisions of courts of other states, and sell the reports received in exchange, if he shall deem it advantageous to do so.
Sec. 72. The state reporter shall receive an annual salary of five hundred dollars, payable quarter yearly, out of any moneys in the state treasury belonging to the general fund, not otherwise specially appropriated by law; and shall also be entitled to all the profits arising from the sale of the reports, after refunding to the state treasury the cost of publishing the same.
Sec. 73. Upon the publication of each and every edition of reports, pursuant to the foregoing provisions, and before any warrant shall he drawn by the auditor general for the cost of such publication, the reporter shall execute and file with the secretary of state, a bond to the people of this state, in the penal sum of five thousand dollars, with sufficient sureties to be approved by the said secretary, conditioned to account to the auditor general for, and to pay over to the state treasurer all such moneys as he shall receive for the state on account of the sale of said reports.
Certain powers of courts of record.
GENERAL PROVISIONS CONCERNING COURTS, AND THE TOWERS AND DU-
Section 1. The several courts of this state having a seal, are courts of record, and they shall respectively have power:
1. To issue process of subpoena, requiring the attendance of any witness residing or being in any part of this state, to testify in any matter or cause pending or triable in such courts:
2. To administer oaths to witnesses in any such matter or cause, and in all other cases where it may be necessary in the exercise of the powers and duties of such courts:
3. To devise and make such new writs and forms of proceedings as may be necessary to carry into effect the powers and jurisdiction, possessed by them.
days; and when any person shall be committed to prison, for the non-payment of any such fine, he shall be discharged at the expiration of thirty days.
• Sec. 9. Contempts committed in the immediate view and presence of the court, may be punished snmmarily; in other cases the party shall be notified of the accusation, and have a reasonable time to make his defence.
Sec. 10. Whenever any person shall be committed for any contempt specified in this chapter, the particular circumstances of his offence shall be set forth in the order or warrant of commitment.
Sec. 11. Nothing contained in the preceding sections, shall be construed to extend to any proceeding against parties or officers, as for a contempt, for the purpose of enforcing any civil right or remedy.
Sec. 12. Persons punished for a contempt under the preceding provisions, shall Notwithstanding be liable to indictment for such contempt, if the same be an indictable offence: but the court before which a conviction shall be had on such indictment, shall, in forming its sentence, take into consideration the punishment before inflicted.
Sec. 13. Whenever it shall be deemed unsafe or inexpedient, by reason of war, pestilence, or other public calamity, to hold any court at the time and place appointed therefor, the justices or judges of the court may appoint any other place within the same county, and any other time for holding the same.
Sec. 14. Every such appointment shall be made by an order in writing, signed by the justices or judges making the same, and shall be published by advertisement in such newspaper, or in such other manner as shall be required in the order.
Sec. 15. Whenever there shall be no court house in any county, or the court house shall, for any cause, be unsafe, inconvenient, or unfit for the holding of any court, the board of supervisors for such county may appoint some other convenient building, at, or in the vicinity of, the seat of justice for such county, as a temporary place for holding such court.
Sec. 16. The place so appointed shall be deemed the court house of the county for the time being, for all purposes.
Sec. 17. The sittings of every court within this state shall be public, and every citizen may freely attend the same.
Sec. 18. No judge of any court can sit as such, in any cause in which ho is a party, or in which he is interested, or in which he would be excluded from being a juror by reason of consanguinity or affinity to either of the parties; nor can any judge decide or take part in the decision of, any question which shall have been argued in the court, when he was not present and sitting therein as a judge.
Sbc. 19. No judge of an appellate court, or of any court to which a writ of certiorari or of error shall be returnable, shall decide, or take part in the decision of any cause or matter which shall have been determined by him while sitting as a judge of any other court.
Sec. 20. No judge can practice or act as a counsellor, solicitor or attorney, in the court of which he is a judge, except in those suits in which he shall be a party, or in the subject matter of which he shall be interested.
Sec. 21. No judge shall have any partner practicing in the court of which he is a judge; nor shall any judge be directly or indirectly interested in the costs of any suit that shall be brought in the court of which he is a judge, except in those suits in which he shall be a party, or be interested. .
Sec. 22. No judge, commissioner, or other judicial officer, shall de- in wimt cases in;] ml or receive any fees or other compensation for giving his advico to^Meire ibeaor in any matter or suit pending before such judge or officer, or which compensation. he has reason to believe will be brought before him for decision; or for drafting or preparing any papers or other proceedings relating to any such matter or suit; except in those cases where fees are expressly given by law to such judge or officer, for services performed by him.
Sec. 23. No court shall be opened or transact any business on the Court not to be first day of the week, unless it be for the purpose of instructing or dny'of'wee'ir'exdischarging a jury, or of receiving a verdict; but this section shall not copt for certain prevent the exercise of the jurisdiction of any single magistrate, when purpos< it shall be necessary in criminal cases, to preserve the peace, or to arrest offenders.
Sec. 24. All writs, process, proceedings and records in any court procew. &c.,to within this state, shall be in the English language, (except that the 1^*1 &ncelish proper and known names of process, and technical words, may be expressed in the language heretofore and now commonly used,) and shall be made out on paper or parchmant, in a fair, legible character, in words at length, and not abbreviated; but such abbreviations as are now commonly used in the English language, may be used, and numbers may be expressed by Arabic figures, or Roman numerals, in the customary manner.
Sec. 25. Every person of full age and sound mind, may appear by persons of full attorney or solicitor, as the case may require, in every action or plea **P 5"d 'ound
J . . . . * i • i • * mind may prose
by or against him, in any court, or may, at his election, prosecute or cute or defend defend such action or plea, in person; but this provision shall not j^orncy"^^ extend to criminal cases, nor shall any person be permitted to appear on the record in any civil cause in person, whilst he has an attorney or solicitor in such case.
Sec. 26. All officers of the several courts of record shall be liable Privilege of offlto arrest, and may be held to bail in the same manner as other per- from^rrestdusons, except during the actual sitting of any court of which they are TM>g sitting of officers; and when sued with any other person, such officers shall be liable to arrest, and may be held to bail as other persons, during the sitting of the court of which they are officers; but no attorney, solicitor or counsellor shall be exempt from arrest during the sitting of the court of which he is an officer, unless he shall be employed in some cause pending and then to be heard in such court.
Sec. 27. No person shall be employed or allowed to appear as No person niiowcounsel, solicitor or attorney, before any court, in any suit which shall artoracy'T&c.'in have been previously determined before himself, as a judge or justice jilt previously
of the peace. him as a magis