posit the slips or ballots containing the names of the jurors present and not excused in a box to be kept for that purpose.

scribed, how.

SEC. 126. When thereafter a civil action is called by Jury to be imthe court for trial, and a jury is not waived, such proceed-paneled as preings shall be had in impaneling the trial jury as are prescribed in this Code. If the action be a criminal one, the jury shall be impaneled as prescribed by law regulating the procedure in criminal cases.

Proceeding in

SEC. 127. At the time appointed for a jury trial in justices' courts, the list of jurors summoned must be called. forming jury in If a sufficient number of jurors are in attendance the justice may proceed to impanel the jury.

justices' courts

In criminal

SEC. 128. If the action is a criminal one, the jury must be inpaneled as prescribed by law regulating the pro- case. cedure in criminal cases; if a civil one, as provided in this In civil cases.

Code.

SEC. 129. The manner of impaneling juries of in- Manner of imquest is prescribed in the provisions of the different statutes paneling juries relating to such inquests.

of inquest.

TITLE IV.

MINISTERIAL OFFICERS OF COURTS OF JUSTICE,

CHAPTER I.

Bailiffs of the Supreme and District Courts.

SEC. 132. The supreme court and the district courts Courts may apmay appoint as many bailiffs as the exigencies of the busi- point. ness in said courts may require.

SEC. 133. The bailiffs shall hold their offices at the Term of office. pleasure of the courts appointing them, and shall perform such duties as may be required of them by the court or any justice thereof.

May be appointed.

CHAPTER II.

Phonographic Reporters.

SEC. 135. The judge of each district court in this Territory may appoint a competent phonographic reporter to be known as the official reporter of such court, and to hold office during the pleasure of the judge making the Subject to order appointment. Such reporter shall, upon the order of the

of court.

Who may be appointed.

Duties of.

court in a civil action or proceeding, and on the order of the court, made and entered upon its own motion, or on motion of the prosecuting officer or the attorney for the defendant, in a criminal action or proceeding, take down in short-hand, all the testimony, the objections made, the rulings of the court, the exceptions taken, and oral instructions given, and if directed by the court, upon the request of either party, shall, within such reasonable time after the trial of such case, as the court may designate, write out the same in plain, legible long-hand and verify and file it with the clerk of the court in which the case was tried.

SEC. 136. No person shall be appointed official reporter, except upon satisfactory evidence of good moral character, and without being first examined as to his competency by at least three members of the bar practicing in said court, such members to be designated by the judge of said court. The committee of members of the bar so designated shall, upon the request of the judge of the said court, examine any person as to his qualifications whom said judge may wish to appoint as official reporter; and no person shall be appointed to such position upon whose qualifications such committee shall not have reported favorably; if he shall pass a satisfactory examination, the committee shall furnish him with a written certificate of that fact, signed by at least a majority of the members of the committee, which certificate shall be filed among the records of the court.

SEC. 137. The official reporter shall attend to the duties of his office in person, except when excused for good and sufficient reason by order of the court, which order shall be entered upon the minutes of the court. Employment in his professional capacity elsewhere shall not be deemed a good and sufficient reason for such excuse.

When the official reporter has been excused in the manner provided in this section, the court may appoint an official reporter pro tempore, who shall perform the same duties and receive the same compensation during the term of his employment as the official reporter. The official reporter Must take oath and the official reporter pro tempore shall take and sub- of office. scribe an oath of office before entering upon their employ

ment.

SEC. 138. The report of the official reporter, or official reporter pro tempore, duly appointed and sworn, when written out in long-hand writing, and certified as being a correct transcript of the testimony and proceedings of the case, shall be prima facie a correct statement of such testimony and proceedings.

Report of, certi

fied, to be prima

facie a correct

statement.

Proviso.

Fees of.

SEC. 139. The official reporter shall receive, as compensation for his services in civil actions and proceedings, for taking notes, a sum, to be fixed by the court, or a judge thereof, not exceeding ten dollars per day, and for transcription, a sum, to be in like manner fixed, not exceeding fifteen cents per hundred words; Provided, That when said reporter performs services in taking notes in more than one Proviso. cause on the same day, the court or judge thereof shall apportion the per diem allowed between the several actions or proceedings in which such notes are taken. The shorthand notes so taken shall, immediately after the cause is submitted, be filed with the clerk; but for the purpose of writing out said notes, the reporter may withdraw the same for a reasonable time.

Who must pay

The reporter's fees for taking notes in civil cases shall be paid by the party in whose favor judgment is rendered, fees, and shall be taxed up by the clerk of the court as costs against the party against whom judgment is rendered. In case of the failure of a jury to agree, the plaintiff must pay the reporter's fees for time employed and transcription ordered by plaintiff, which have accrued up to the time of the discharge of the jury. In cases where a transcript has been ordered by the court, the fees for transcription must be paid by the respective parties to the action or proceeding, in equal proportions, or by such of them, and in such proportions as the court, in its discretion, may order; and no verdict or judgment shall be entered up, except the court shall otherwise order, until the reporter's fees are paid, or a sum equivalent thereto deposited with the clerk of the court therefor. In no case shall a transcript be paid for unless ordered either by the plaintiff or defendant, or by the court, nor shall the reporter be required in any civil

Proviso.

case to transcribe his notes until the fees therefor be tendered him or a sufficient amount to cover the same be deposited in court for that purpose. The party ordering the reporter to transcribe any portion of the testimony or proceedings must pay the fees of the reporter therefor. In criminal cases when the testimony has been taken down or transcribed upon the order of the court, the fees of the reporter shall be certified by the court to the auditor of public accounts, who shall draw his warrant upon the Terri

torial treasurer for the amount so certified and the same shall be paid out of the Territorial treasury; Provided, That if the defendant in a criminal action desires to have the reporter transcribe his notes taken on the trial, he must pay the reporter's fees therefor, or deposit a sum equivalent thereto, with the clerk of the court therefor, or the court must refuse to order the reporter to transcribe his

notes.

TITLE V.

PERSONS SPECIALLY INVESTED WITH MINISTERIAL POW

ERS RELATING TO COURTS OF JUSTICE.

Who may be admited as attor neys.

Qualifications of

counselor.

CHAPTER I.

Attorneys and Counselors-at-law.

SEC. 142. Any citizen of the United States, or person who has bona fide declared his or her intention to become one, in the manner required by law, of the age of twenty-one years, of good moral character, and who possesses the necessary qualifications of learning and ability, is entitled to admission as an attorney and counselor in all the courts of this Territory.

SEC. 143. Every applicant for admission as an attoran attorney and ney and counselor, must produce satisfactory testimonials of good moral character, and, except as hereinafter provided, undergo a strict examination in open court as to his qualifications, by a committee appointed by the justices of

the supreme court; Provided, That the several district courts of this Territory may admit applicants to practice as attorneys and counselors in their respective courts upon like testimonial and examination.

SEC. 144. If, upon such examination in the supreme court, the applicant is found qualified, the court shall admit License. him as an attorney and counselor in all the courts of this Territory, and shall direct an order to be entered to that effect upon its records, and that a certificate of such record be given to him by the clerk of the court, which certificate is his license.

Attorneys of

Territory.

SEC. 145. The examination may be dispensed with in the case of a person who has been admitted as an attor- other State and ney and counselor in the highest court of any State or other Territory, and his affidavit of such admission, showing the county, State or Territory, the name of the court, and the time when such admission was obtained, or his license showing the same, shall be deemed sufficient to entitle him to admission.

SEC. 146. Every person, on his admission, must take an oath to support the Constitution of the United States, Oath, etc. and the laws of the United States and of this Territory, and to faithfully discharge the duties of an attorney and counselor-at-law to the best of his knowledge and ability.

SEC. 147. Each clerk must keep a roll of attorneys

a roll of attor

and counselors admitted to practice by the court of which Clerk must keep he is clerk, which roll must be signed by the person ad- neys. mitted before he receives his license. Upon receiving his license he shall pay to the clerk a fee of five dollars.

SEC. 148. If any person shall practice law in any Penalty for prac court except a justice's or probate court, without having a ticing without license as attorney and counselor, he is guilty of a contempt of court.

SEC. 149. It is the duty of an attorney and counselor: 1. To support the Constitution and the laws of the United States and of this Territory;

2. To maintain the respect due to the courts of justice and judicial officers;

3. To counsel or maintain no other actions, proceedings or defenses than those which appear to him legal and just, excepting the defense of a person charged with a public offense;

4. To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth, and never to seek to mislead the judges by any artifice or false statement of fact or law;

license.

General duties.