647. County superintendent of schools. The county superintendent of district schools shall perform the duties prescribed by law. ['96, p. 559. Duties generally, ?? 1782-1798. 648. Constable. Every constable shall attend the court of the justice of the peace within his precinct whenever so required, and, within his county, shall execute, serve, and return all process and notices directed or delivered to him by a justice of the peace of such county, or by any competent authority, and shall perform such other duties as are prescribed by law. ['96, p. 559. ENUMERATION. 650. Courts enumerated. The following are the courts of justice of this state: 1. The senate sitting as a court of impeachment. 2. The supreme court. 651. Courts of record. The courts enumerated in the first three subdivisions of the preceding section are courts of record. [C. L. § 3002*. Courts of record and seals, Con. art. 8, sec. 17. CHAPTER 2. SUPREME COURT. 652. Number of justices. Quorum. The supreme court shall consist of three justices, two of whom shall constitute a quorum to hold court or to render a decision, but one alone may adjourn from day to day. [C. L. § 3007*; '96, p. 82. Election, qualifications, term, duties, powers, compensation, Con. art. 8. Although the judges of the supreme court of a territory are appointed by the president under an act of congress, the courts they are authorized to hold are not courts of the United States. Clinton v. Englebrecht, 80 U. S. 434. 653. Disqualification of justices. If a justice of the supreme court Amended haft 77 1899 shall be disqualified from sitting in a cause before said court, the remaining jus- ['96, p. 82*.. before him in the lower court can be counted as a member of the court to make the quorum. Nephi Irrigation Co. v. Jenkins, 8 U. 452; 32 P. 699. 654. Jurisdiction. The supreme court shall have original jurisdiction to issue writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus. Each of the justices shall have power to issue writs of habeas corpus to any part of the state, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the supreme court, or before any district court or judge thereof in the state. In other cases, the supreme court shall have appellate jurisdiction only; and, in the exercise of such appellate jurisdiction, may review all final judgments of the district court, and all final orders and decrees of the district court in the administration of decedent estates and in cases of guardianship, and shall have power to issue writs necessary and proper for the exercise of that jurisdiction. In equity cases the appeal may be on questions of both law and fact; in cases at law the appeal shall be on questions of law alone. [C. L. $$ 3004-5*. Original jurisdiction, Con. art. 8, sec. 4. Appel- jurisdiction. First Nat. Bk. v. Lewis, 13 U. 507; late jurisdiction, Con. art. 8, secs. 4, 9. 45 P. 890. Supreme court is exclusive judge of its own 655. Id. Decrees. Remittitur. Decisions in writing. The court may reverse, affirm, or modify any order or judgment appealed from, and may direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had. Its judgment must be remitted to the court from which the appeal was taken. The decisions of the court shall be given in writing; and in giving a decision, if a new trial be granted, the court shall pass upon and determine all the questions of law involved in the case, presented upon such appeal, and necessary to the final determination of the case. Any justice dissenting may give the reasons of his dissent in writing over his signature. '96, p. 82*. Decisions to be in writing and filed, Con. art. 8, sec. 25. Shall prepare a syllabus of all points adjudicated, Con. art. 8, sec. 26. Shall report to gover [C. L. § 3006*; nor any omissions or defects in the law, Con. art. 8, 656. Two justices must concur. The concurrence of two justices of the supreme court is necessary to pronounce a judgment; if two do not concur, the case must be reheard. [C. L. § 3008. Majority necessary to form a quorum, Con. art. 8, sec. 2. 657. Rules. The court may make rules of practice and procedure not in conflict with law, which rules shall be published. ['96, p. 84. Rules for admission of attorneys, 108. Limitation on making of rules, 698. Rules take effect in thirty days after publication, 2 699. 658. Terms, where and when held. The supreme court shall be held at the capital of the state, and shall convene and hold three terms each year, one of which shall commence on the second Monday in January, one on the second Monday in May, and one on the second Monday in September. The court may adjourn from time to time as it may deem proper. [C. L. § 3009*; '96, p. 81. Shall hold at least three terms a year, Con. art. 8, sec. 4. 659. Docket cleared at each term. Judgments at any time. Each of such terms of court shall be for the submission and determination of causes, and for the transaction of such other business as shall come before the court. All causes on the docket shall be heard at each term, unless continued or otherwise disposed of by the court. Decisions, rulings, and orders in causes sub mitted, and orders authorized by law to be made by the court or any justice thereof, may be made and entered at any time. Where a decision in a cause is rendered during a recess of the court, and the opinion signed by the justices, or a majority of them, shall have been filed with the clerk, it shall operate as a judgment of the court. The clerk shall immediately give notice to the respective parties, and the time for filing petition for rehearing shall run from the time of such notice; provided, that the same may be extended by any justice of the court for cause shown. ['96, pp. 81-2. Decisions to be filed, Con. art. 8, sec. 25. 660. Clerk. The supreme court shall appoint a clerk, who shall hold his office during the pleasure of the court, and shall receive such salary as may be provided by law. ['96, p. 83. Fees of clerk of supreme court, 2967. Appointment of reporter, Con. art. 8, sec. 14. Appointment of clerk, Con. art. 8, sec. 14. Judge not to appoint a relative, Con. art. 8, sec. 15. 661. Id. Bond. The clerk of the supreme court must execute an official bond to the state in the sum of ten thousand dollars, conditioned for the faithful performance of his duties. Such bond must be approved by the court. ['96, p. 83. 662. Id. Duties generally. The clerk of the supreme court shall keep his office at the capital of the state, and he shall keep a complete record of all the proceedings of the court, and shall keep the seal of the court and its records and files. ['96, p. 83. 663. Id. Duties and powers. The clerk shall have power to take acknowledgments, administer oaths, issue all process, writs, and notices required to be issued out of such court; to make transcripts and copies of papers and records when required, and certify the same under seal of the court. The clerk shall not allow any written opinion of the court to be removed from his office, but shall permit anyone to examine or copy the same, and he shall perform such other duties as may be required by law and the supreme court. ['96, p. 83. All decisions shall be free to publishers, Con. art. 8, sec. 23. 664. Clerk as librarian. The clerk shall act as law librarian for the state; he shall take charge of, keep and preserve the law library of the state as provided by law, and perform all the duties connected with the care and custody of the state law library. ['96, p. 83. Provisions concerning state library, ?? 1349-1359. 665. Clerk may adjourn court, when. The clerk shall, in the absence of all the justices of the court, at the beginning of any term, or of any adjourned term, adjourn the court from day to day, until the arrival of a justice. ['96, p. 83. 666. Deputy clerk and assistants. The clerk shall appoint a deputy clerk, and may employ such assistants as may be necessary for the transaction of the business of the office, who shall be paid by the clerk out of the salary allowed him. Such deputy shall be a competent stenographer and typewriter, whose duty it shall be to assist the clerk in the performance of his duties and to act as stenographer and typewriter for the justices of the supreme court. ['96, p. 83. 667. Stationery, etc., for court. The supreme court shall make a requisition through its clerk upon the secretary of state for stationery, postage, and supplies necessary for the transaction of its business, which shall include the printing of the court docket, and the secretary shall furnish the same when so demanded. ['96, pp. 83-4. 668. Bailiffs. The court is hereby authorized to appoint and remove at pleasure the necessary bailiffs to attend the court, and to perform such other duties and execute such orders as may be directed or ordered by the court. Each bailiff shall receive three dollars for a day's service when he is in actual attendance upon the court. [C. L. §§ 3093*-4; '96, p. 82. 669. Attendance of sheriff. The court may at any time require the attendance and service of any sheriff in the state. ['96, p. 84. CHAPTER 3. DISTRICT COURTS. 670. Jurisdiction, generally. The district court shall have original jurisdiction in all matters civil and criminal, not excepted in the constitution. and not prohibited by law; appellate jurisdiction from all inferior courts and tribunals, and a supervisory control of the same. The district courts or any judge thereof, shall have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, prohibition and other writs necessary to carry into effect their orders, judgments, and decrees, and to give them a general control over inferior courts and tribunals within their respective jurisdictions. [C. L. § 3010*. Original and appellate jurisdiction, Con. art. 8, sec. 7, 9; art. 24, sec. 9. When sheriff to act as crier, 595. Election, qualifications, term, duties, powers, compensation, Con. art. 8. District courts have no original jurisdiction of an offense involving the violation of a city ordinance, and, where the record does not show how the case came into the district court, the appeal will be dismissed. Spanish Fork City v. Thomas, 4 U. 485; 11 P. 667. Under the acts of congress granting the territorial district courts exclusive original chancery jurisdiction, such courts have the inherent power to refer a case to a master to take testimony and report findings, and such power is exclusive of the statutory provisions concerning referees. Nephi Irrigation Co. v. Jenkins, 8 U. 369; 31 P. 986. A district court has power to enjoin the issuing of execution on a judgment, and to grant a new trial on the ground that the records of the cause in which the judgment was rendered have been destroyed by fire, so that an appeal is rendered impossible, but it must appear that material error was committed in the trial. Such relief will be denied where appellant delays for nearly two years in perfecting his appeal, and where documentary evidence material to the determination of the issues has been lost. Bailey v. Stephens, 11 U. 175; 39 P. 828. A court of equity has the power to reform notes in accordance with the understanding of the parties. McClure v. Little, — U. —; 49 P. 298. Probate Court. An adjudication in the probate court has the effect of a judgment and cannot be collaterally attacked. Rogers v. Thompson, 9 U. 46; 33 P. 234. West v. Utah National Bank, 8 U. 374; 31 P. 987. Probate courts were courts of record and their judgments imported absolute verity until reversed or modified, and, as to all matters within their cognizance, were courts of general jurisdiction. Amy v. Amy, 12 U. 279; 42 P. 1121. The act of the territorial legislature conferring on probate courts a general jurisdiction in civil and criminal cases and in both chancery and common law, was inconsistent with the organic act, and therefore void. Perrin v. Higley, 87 U.S. 375. See citations? 3779. 671. Id. Appellate. Appeals shall lie from the final judgments of justices of the peace, in civil and criminal cases, to the district courts, on both questions of law and fact, with such limitations and restrictions as are or may be provided by law; and the decision of the district courts on such appeals shall be final, except in cases involving the validity or constitutionality of a statute. [C. L. § 3010*. Jurisdiction of appeals from justice's court, Con. art. 8, sec. 9. 672. Terms. There shall be held at the county seat of each county at least three terms of the district court in each year. Four terms until otherwise provided, Con. art. 8, sec. 5. 673. Adjournment in one county pending session in another. A district court may adjourn a term of court in one county to a future day certain. and, in the meantime, hold court in another county. 674. Adjournments construed as recesses. Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions or terms, and shall not prevent the court from sitting at any time. [C. L. § 3012*. 675. Fixing terms. Notice. The judges of the district courts shall, in December of every year, fix the times of holding terms of court in each of the counties composing their respective districts during the ensuing calendar year. The judge or judges of the several districts shall cause a copy of such order to be transmitted to the secretary of state and also entered upon the journal of the court in each county of the district. County clerks shall cause a copy of such order to be conspicuously posted in their respective offices. 676. Court must be held at time fixed. Exceptions. Court shall be held at the time fixed as provided in the previous section, and the times shall not be changed, except for sickness of the judge of said district, or, when said judge shall be called into another district at the time appointed for any term, by request of the governor, or when the business in any other county shall necessarily extend the sitting beyond the time appointed for the term. 677. Clerk to give notice of adjourned terms. Whenever, for any of the reasons enumerated above, the regular term of court appointed for any county shall be adjourned, the clerk of that county shall so notify the clerk of each county in the district, and it shall be the duty of said clerk, upon receipt of said notification, to post publicly in his office a notice of said change. $$ 3032-3*. [C. L. County clerk is ex officio clerk of court, Con. art. 8, sec. 14. Duties of clerk of district court, 2 601. 678. Disagreement of judges as to terms. In case the judges of any district are unable to agree as to the manner and time of holding terms of court, or as to the counties in which they shall severally sit, they shall refer the matter to the chief justice of the supreme court, who shall determine the same. Iowa, McClain's An. C. 237. 679. Judge sitting in another district. Any district judge may hold a district court in any county at the request of the judge of the district, and upon the request of the governor, it shall be his duty to do so; and in either case the judge holding the court shall have the same power as the judge thereof. By request of another judge or the governor, Con. art. 8, sec. 5. 680. Ex parte applications from other districts. A judge of the district court may, in his own district, hear any ex parte application and make any order concerning the same, in any action or proceeding pending or about to be commenced in another judicial district, in the following cases: 1. Upon the written request of the judge of the district in which the action or proceeding is at the time pending or is about to be commenced. 2. When it shall be made to appear by affidavit to the satisfaction of such judge that the judge of the district court in which the action or proceeding is at the time pending, or is about to be commenced, is absent from his district, or is incapacitated, or is disqualified to act therein; such application shall be made only to the judge of an adjoining district. Disqualification of judge, Con. art. 8, sec. 13. 681. When judgments may be entered. Judgments and orders of the district court may be entered either in term time or vacation. [C. L. § 3013. Applied, Russel v. Hank, 9 U. 309; 34 P. 245. 682. Powers at chambers. The judge or judges of the district court may, at chambers, issue, hear, and determine writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, prohibition, and other original and remedial writs, and grant all orders and writs which are usually granted in the first instance upon ex parte application, and hear and dispose of such order and writs, and of motions for new trials; and may also, at chambers, make any order, issue any process, and hear and determine any matter necessary in the exercise of the powers of the court, in matters of probate, or any action or proceeding provided by law. [C. L. § 3044*. Mont. C. Civ. P. 171*. Jurisdiction, Con. art. 8, secs. 7, 9; art. 24, sec. 9. Powers of judge out of court, 2 712. 683. Stipulation to hold court at unusual place. The parties to an action or special proceeding, in a court of record, may, with the consent of the judge who is to try or hear it, without a jury, stipulate in writing, that it shall be tried, or heard and determined, elsewhere than at the place appointed for |