poor person desiring to appeal to the supreme court or appellate court of this state from the decision of any circuit court or criminal court or the judge thereof, in criminal cases, and not having sufficient means to procure the long-hand manuscript, or transcript of the evidence taken in short-hand, by the order or permission of any of said courts or the judge thereof, the court or the judge thereof shall direct the short-hand reporter to transcribe his short-hand notes of evidence into long-hand, as soon thereafter as practicable, and deliver the same to such poor person: Provided, The court or the judge thereof is satisfied that such poor person has not sufficient means to pay said reporter for making said long-hand manuscript or transcript of evidence, and such reporter may charge such compensation as is allowed by law in such cases for making and furnishing said long-hand manuscript, which service of said reporter shall be paid by the court or judge thereof out of the proper county treasury.

[1875, p. 137. In force March 10, 1875.]

1475. (1409.) Compensation.-5. The compensation of such official reporters shall be as follows: He shall be allowed a compensation to be fixed by the presiding judge of not more than five dollars per day for each day actually employed in court in the taking of testimony, which shall be certified, audited and paid in like manner as is provided by law for the payment of the sheriff for attending upon the court, in cases where the presiding judge, upon his own motion, by reason of the importance of the case, has appointed such reporter to take the evidence therein; but when such appointment has been made by agreement of the parties to a cause, the fees of such reporter shall be taxed as a part of the costs in such case, to be paid by the losing party, and not out of the county treasury. Said official reporter may also charge and collect as fees ten cents per folio of one hundred words for making and furnishing transcripts of his short-hand notes of the testimony, to be paid by the party requiring such transcript.

(As amended, Acts 1885, p. 128. Ell. Supp., section 287. In force April 4, 1885.) On the reversal of a cause in the supreme court the appellant can recover the fees paid for a transcript of the evidence. Wright v. Wilson, 98 Ind. 112.

1476. (1410.) Reports, how used on appeal.-6. Whenever, in any cause, such verbatim report shall have been made by an official reporter, the original long-hand manuscript of the evidence, by him made, may be filed with the clerk of the court by the party entitled to the use of the same; and in case of an appeal to the supreme court, or superior court in general term, it shall be the duty of the clerk, if requested to do so by said party, to certify the said original manuscript of evidence, when the same shall have been incorporated in a bill of exceptions, to the supreme court or other court of appeal, instead of a transcript thereof; and the said original manuscript of evidence may be used in the supreme court or other court of appeal, in the same manner and for all purposes in and for which a certified transcript thereof might heretofore be used; and in such cases the clerk of the

court shall not be entitled to any fees for that part of the transcript of record containing the evidence.

Such report of evidence can only be made a part of the record by being inserted bodily into a bill of exceptions. Wagoner v. Wilson, 108 Ind. 210; Weir Co. v. Walmsley, 110 Ind. 242; Colt v. McConnell, 116 Ind. 249; Railway Co. v. Voight, 122 Ind. 288; Clark v. State, 125 Ind. 1; Stevens v. Stevens, 127 Ind. 560; Ostler v. State, 3 App. 122. If it appears from the certificate of the clerk and the statement of the judge that the evidence in a bill of exceptions was taken by an official reporter, it will be sufficient to show that the evidence was taken by the reporter. Dennis v. State, 103 Ind. 142. The long-hand copy of the evidence may be sent to the supreme court without being copied. Hull v. Louth, 109 Ind. 315.

1477. (1411.) Removal-Vacancies.-7. Such reporter or reporters may, at any time, be removed by the judge or judges of the courts of record of his county; and in every case of vacancy in the office of reporter, it shall be the duty of such judge or judges to fill the vacancy as soon after its occurrence as practicable.

[1 R. S. 1852, p. 101. In force May 6, 1853.]

1478. (1412.) Money, how drawn from treasury.-1. No money shall be drawn from the treasury of any county, except by authority of law, and in conformity with the rules hereinafter prescribed.

1479. (1413.) Warrant for sums fixed by law or public record.— 2. The auditor may draw his warrant on the treasurer for a sum, the amount whereof, and the time when, and the person to whom the same may be due are fixed by law, or ascertainable from a public record, with proof of personal identity.

1480. (1414.) Warrant for sums allowed by courts of record.3. He may also draw his warrant upon the treasurer for a sum allowed, or certified to be due by any court of record authorized to use a seal and having jurisdiction beyond that of justices of the peace, or by the board of county commissioners.

1481. (1415.) Allowance to assistants of sheriff.-4. The said courts may allow sums to persons serving as assistants to the sheriff, in preparing the court-house for the reception of such courts, and in the preservation of order, and in attendance upon juries, and to persons performing any services under the order of such court. But the number of such assistants employed shall never exceed the actual necessities of the case.

Under this section a county becomes liable for the payment for the services of an attorney appointed by the court for a poor person. Board v. Courtney, 105 Ind. 311.

1482. (1416.) Allowance for fuel and repairs.-5. The said courts may also allow such sums as may be due to persons furnishing fuel used in term time, or furniture for the court room, or making repairs thereof.

Courts may make allowances for repairing and furnishing of their court rooms. Nash v. State, ex rel., 33 Ind. 78.

[1853, p. 3. In force August 6, 1859.]

1483. (1417.) Allowances in state prosecutions.-6. The circuit

courts may also make allowances for necessary expenditures incurred under their order, to women, children, or aged or infirm or poor persons summoned as witnesses in state prosecutions.

This section applies to witnesses before the grand jury. Baldwin v. State, 126 Ind. 24.

ARTICLE 7.-JUSTICE OF THE PEACE.

SEC.

1570. Trial and practice.

1571. Appeal after thirty days.

1572. Appeal dismissed.

1573. Costs.

1574. Execution-Issue.

1575. How directed-Form--Where served. 1576. Indorsement by constable-Lien. 1577. When returnable.

1578. Alias execution.

1579. Sales.

1580. Suretyship.

1581. After three years, affidavit required. 1582. Delivery bond-Constable responsible.

1583. Bond forfeited.

1584. No appeal from judgment on bond. 1585. Bond forfeited-Defendant not entitled to property.

1586. Judgment on bond.

1587. Sale of property.

1588. Stay-Effect.

1589. When not allowed.

1590. Limit of time. 1591. Additional bail.

1592. How bail may compel execution. 1593. New bail.

1594. When judgment for use of bail. 1595. Sale-Effect of death before. 1596. On execution.

1597. Claim to property - Verified complaint.

SEC.

1606. Disposition of property.
1607. Damages on appeal.

1608. Effect of judgment.

1609. Possession.

1610. Form of judgment-Title of purchaser.

1611. Suit on bond.

1612. Separate or joint suits on bond.

1613. Notice to assert claim.

1614. Effect of notice.

1615. Replevin-Complaint, etc.
1616. Writ, how served.

1617. Proceedings on return of "not
found."

1618. Trial-Judgment.

1619. Capias ad respondendum.

1620. Arrest-Notice to plaintiff.
1621. Trial.

1622. Continuance Special bail.

1623. Special bail-Form.

1624. Discharge Surrender-Costs.

1625. Liability of bail.

1626. Capias ad satisfaciendum-Execution against body.

1627. Affidavit.

1628. Contents-Finding to be specific. 1629. Summons.

1630. Service and return.

1631. Default-Hearing.

1632. Issue-Trial.

1633. Commitment.

1634. Defendant leaving state-Arrest. 1635. Release on bail-Surrender.

1636. Recognizance.

1484. (1418.) Number.-1. The number of justices of the peace in each township shall be regulated by the board of county commissioners of the county, by proper orders of record; but the number shall not exceed three for each township, and one in addition thereto for each incorporated town therein, and two in additon thereto for each incorporated city therein; and authenticated copies of such orders shall be furnished by the auditor to the clerk of the circuit court.

In 1883, the legislature attempted to amend this section, but the supreme court in the case of Feibleman v. State, ex rel., 98 Ind. 516, held the amendment to be void.

This section gives discretionary power to the board to fix the number of justices in a township at not more than three, and one additional for each incorporated town therein. A justice of the town is also a justice of the township. Town of Spencer v. Cline, 28 Ind. 51.

A justice is required to have an office, and may change the place thereof, but not without notice to parties affected thereby. Hannum v. State, 38 Ind. 32.

A justice is a township officer, and must be elected by the voters of the township. Town of Spencer v. Cline, 28 Ind. 51.

It is not probable that justices of the peace can be required by law to reside in any particular part of their townships. Feibleman v. State, ex rel., 98 Ind. 516.

[Acts 1891, p. 33. In force February 26, 1891.]

1485. Incorporated towns-Appointment of justices.-That, where a town has been incorporated and there is no justice of the peace resident within the corporate limits of such town, the board of county commissioners of the county in which such incorporated town is situated, shall, upon the petition of a majority of the board of trustees of such incorporated town appoint a justice of the peace, who shall reside, and hold his office in such incorporated town. Said board of county commissioners shall certify to the governor of the state to such appointment and upon the receipt of such certificate of such appointment the governor shall commission such person so appointed as justice of the peace, said justice shall hold his office until his successor is elected and qualified.

[2 R. S. 1852, p. 449. In force May 6, 1853.]

1486. (1419.) Effect of reduction.-2. The reduction of such number shall not operate to remove any justice from office.

1487. (1420.) Effect of change in township.-3. When, by any change in the township of a county a justice shall be brought within the limits of a township other than the one in which he was elected, he shall serve out his term in such township as one of the justices thereof.

[1861, p. 140. In force July 5, 1861.]

1488. (1421.) Official bond.-8. The official bond of a justice of the peace shall be in such sum as may be required by the clerk of the circuit court, not less than two thousand nor more than six thousand dollars, and conditioned for the faithful discharge of the duties of his office, and the payment, to the proper persons, of all moneys that may come into his hands as such justice.

If a justice of the peace, in the discharge of his official duties, act corruptly to the injury of a party, he and his sureties are liable therefor upon his bond. State v. Flinn, 3 Blkf. 72.

The records of justices of the peace can not be contradicted by pleadings, nor can they be made liable for fraudulent or corrupt acts in entering judgments. Larr v. State, ex rel., 45 Ind. 364; Kress v. State, ex rel., 65 Ind. 106.

Justices are not liable for mistakes or erroneous decisions. Dietrichs v. Schaw, 43 Ind. 175; Emory v. Royal, 117 Ind. 299.

If justices act without jurisdiction they are liable to injured parties. Poulk v. Slocum, 3 Blkf. 421; Lair v. Abrams, 5 Blkf. 191; Dietrichs v. Schaw, 43 Ind. 175.