SEC. 19. [Duties of reporter.]-It shall be the duty of the reporter of the supreme court to prepare the opinions of said court for publication as fast as they are delivered to him, and when sufficient material is accumulated to form a volume of not less than six hundred pages, he shall cause the same to be printed, stereotyped, and bound in a good and substantial manner, equal to volume four of said reports. He shall deliver one thousand copies of each volume, with the stereotyped plates thereof, to the auditor of public accounts, who shall draw his warrant in payment thereof, at the rate of two dollars and twenty-five cents ($2.25) per volume. The copyright of each volume shall be entered by said reporter for the benefit of the state, and all papers relating thereto shall be filed and recorded in the office of the secretary of state. The title of said volume shall be "Nebraska Reports," which, with the number of the volume, shall be printed on the back of each volume, and the reports of every case must show whether either, and if so which, judge dissented from the decision therein.

SEC. 20. [Reports to be sold.]-The supreme court reports shall be deposited in the state library. Copies thereof shall be distributed to each judge of the supreme, district, and county court, to each state and territorial library, to each officer of the executive department of this state, and to each judge of the United States district and circuit courts of this state; and to the library of congress, two copies. The reporter shall be permitted to distribute such a number of copies as he sees fit, not exceeding ten of each volume, for notice in law periodicals published in the United States. The balance of said reports shall be sold as called for at the rate of $2.50 per volume. The money arising from such sales shall be paid into the treasury and constitute a library fund to be expended in the purchase of books for the benefit of the library. The accounts for such purchases shall be audited and paid as other accounts against the state are audited and paid, warrants therefor to be drawn on the library fund. Exchanges of said volumes may also be made with book publishers for books of equal value to the amount of said exchanges at the rate per volume hereinbefore provided for.

SEC. 21. [Additional volumes.]-Whenever the edition of any volume of reports, the copyright and plates of which are owned by the state, shall become exhausted, it shall be the duty of the reporter to cause to be printed from the stereotyped plates of such volume and bound in uniform style with the first edition thereof, five hundred additional volumes, to be sold as herein 'provided. Upon the delivery of such subsequent edition the auditor of public accounts shall draw his warrants on the treasury in payment thereof at the rate of $1.25 per volume.

SEC. 22. [Bailiffs.]-The court may also appoint not exceeding two bailiffs, who shall receive the compensation allowed by law, to be paid as other claims upon the state treasury are paid, upon a certificate of the clerk of the supreme court stating the number of days of service rendered by said bailiffs. Such bailiffs shall have power to serve any process issuing out of said court in the exercise of its original jurisdiction, and shall receive the same fees as sheriffs for similar services.

DISTRICT COURTS.

SEC. 23. [Eligibility of district judge.]-No person shall be eligible to the office of district judge in any of said districts unless he is also eligible to the office of supreme judge.

SEC. 24. Jurisdiction. The district courts shall have and exercise general, original and appellate jurisdiction in all matters, both civil and criminal, except where otherwise provided. [Const., Art. VI. § 9.]

SEC. 25. [Special term.-A special term may be ordered and held by the district judge in any county in his district, for the transaction of any business, if he deem it necessary. In ordering a special term he shall direct whether a grand or petit jury, or both, shall be summoned.

SEC. 24. 4 Neb. 94. SEC. 25. A judge in calling a term cannot direct the sheriff to summon jurors. He must direct whether juries shall be summoned, and such juries must be drawn as for regular terms of court. 9 Neb. 163. Having statutory authority to call a special term, a recital in the call that the judge called the same in pursuance to the constitution does not render the order void. Id.

SEC. 26. [Judges may interchange.]-The district judges may interchange, and hold each other's courts; and whenever it shall appear by affidavit, to the satisfaction of any district judge in the state, that the judge of any other district is unable to act, on account of sickness, interest, or absence from the district, or from any other cause, the judge to whom application may be made shall have power to make any order, or do any act relative to any suit, judicial matter, or proceeding, or to any special matter arising within the district where such vacancy or disability exists, which the judge of such district court could make or do; and the order or act shall have the same effect as if made or done by the judge of such district.

SEC. 27. [Record of proceedings.]-The clerk of each district court shall keep a record of the proceedings of the court, under the direction of the judge. He shall, if the business of the court does not prevent, make up the record of each days proceedings before the opening of court on the next day, and the first business of each day, after the first, shall be read in open court, and if found correct shall be signed in open court by the judge. The proceedings, including those of the last day of the session, shall be made up and signed by the judge before the final order of adjournment is made.

SEC. 28. [Rule to inferior tribunal.]-The district court may, by rule, compel an inferior court or board to allow an appeal, or to make or amend records according to law, either by correcting an evident mistake or supplying an evident omission.

SEC. 29. [Absence of judge.]-If the judge does not appear on the day appointed for holding the court, the clerk shall make an entry thereof in his record, and adjourn the court until the next day, and so on until the fourth day, unless the judge appear.

SEC. 30. [Adjournment.]-If the judge does not appear by five o'clock in the afternoon of the fourth day, the court shall stand adjourned till the next regular term.

SEC. 31. [Same.]-If the judge is sick, or for any other sufficient cause is unable to attend court at the regularly appointed time, he may, by a written order, direct an adjournment to a particular day therein specified, and the clerk shall, on the first day of the term, or as soon thereafter as he receive the order, adjourn the court as therein directed.

SEC. 32. [Proceedings not affected.]-No recognizance, or other instrument or proceeding, shall be rendered invalid by reason of there being a failure of the term, but all proceedings pending in court shall be continued to the next regular or special term, unless an adjournment be made as authorized in the last preceding section.

SEC. 33. [Persons recognized.]-In case of such continuances or adjournments, persons recognized or bound to appear at the regular term, which has failed as aforesaid, shall be held bound, in like manner, to appear at the time so fixed, and their sureties (if any) shall be liable, in case of their non-appearance, in the same manner as though the term had been held at the regular time, and they had failed to make their appearance thereat.

SEC. 34. [Final adjournment.]-Upon any final adjournment of the court all business, not otherwise disposed of, shall stand continued generally.

SEC. 35. [Proceedings to be public.]-All judicial proceedings must be

public, unless otherwise specially provided by statute.

SEC. 36. [Who to administer oaths.]-All courts have power to administer oaths connected with any matter pending before them, either by any judge, justice or clerk thereof, or by any other person appointed for that purpose by them.

SEC. 26. A district judge may grant a temporary order of injunction out of his own district, only when it is shown that the judge of the other district is under the disability provided for in this section. 7 Neb, 386. SEC. 27. 2 Neb. 66. 7 Id. 331. 9 Id. 220, 400.

SEC. 31. The reasons for an adjournment under this section are not subject to review by the supreme court. 4 Neb. 285. When the record shows that a written order of adjournment is entered on the journal, but it does not appear that the clerk formally adjourned the court, it will be presumed that he performed that duty. Id.

SEC. 37. [Cases in which judge is disqualified.]—A judge or justice is disqualified from acting as such, except by mutual consent of parties, in any case wherein he is a party, or interested, or where he is related to either party by consanguinity or affinity within the fourth degree, or where he has been attorney for either party in the action or proceeding, and such mutual consent must be in writing and made a part of the record.

SEC. 38. [Business on Sunday.]—No court can be opened, nor can any judicial business be transacted, on Sunday, or on any legal holiday, exceptI. To give instructions to a jury then deliberating on their verdict. II. To receive a verdict, or discharge a jury. III. To exercise the powers of a single magistrate in a criminal proceeding.

SEC. 39. [Jurisdiction at chambers.]--A judge of the district court may sit at chambers anywhere within his district for the purpose of,-1. Granting, dissolving, or modifying temporary injunctions. 2. Confirming judicial sales. 3. Discharging attachments. 4. Hearing proceedings in "aid of execution." 5. Hearing application for sale of personal property held under attachment. 6. Hearing application for the appointment of a receiver or to discharge one already appointed, or to modify the order appointing one. 7. Hearing an application for additional security. 8. Hearing an application for mandamus or habeas corpus. 9. To discharge such other duties or to exercise such other powers as may be conferred upon a judge in contradistinction to a court. 10. For the purpose of receiving a plea of "guilty" from any person charged with a felony, and passing sentence thereon, upon reasonable notice to the prosecuting attorney.

SEC. 40. [Same.]—In hearing any matters mentioned in subdivisions 2, 3, 4, 5 and 7, of the preceding section, the same shall be had in the county where the action is pending or the property is situated.

SEC. 41. Court commissioner.]-The judge of each judicial district shall appoint some suitable person in each county of his district as a court commissioner, who shall hold his office during the pleasure of such judge. Such commissioner must be an attorney at law in good standing, and must have been engaged in practice as such attorney at least five years, and have practiced in this state at least two years. He shall, before entering upon the duties of his office, give a bond and take the oath of office required by law to be given and taken by county judges; and shall receive the same fees for like services. He shall perform such duties and exercise such powers as are imposed or conferred upon him by the laws of the state.

SEC. 42. [Terms of court.]-The judges of the district court shall, on the first day of January of each year, fix the time of holding terms of court in the counties composing their respective districts, during the ensuing year, and cause the same to be published throughout the district, if the same can be done without expense. The clerk of each district court shall note on the bar docket of each term the time so fixed for holding court in his county. The terms shall be so fixed as not to conflict with the time fixed by rules of the supreme court for the hearing of causes therein from said district. The clerk of the supreme court shall, before the first day of January of each year, notify each district judge of the times fixed by the supreme court for the hearing of causes from his district. All terms of the district court shall be held at the county seat in the court house, or other place provided by the county board.

SEC. 43. [Deputy clerks.]-The clerk of the supreme court, and of the several district courts in this state, shall have power to appoint deputies; and deputies of the district clerks, shall be residents of the counties in and for which they act. Such deputies shall be sworn faithfully to perform the duties of their office, before they enter upon those duties.

SEC. 44. [Clerks liable for official acts of deputies.]-Every clerk

SEC. 39. The judges have no jurisdiction under this section to issue writs of mandamus in vacation. 10 Nob. 476. But see sec. 55.

appointing a deputy under the provisions of this chapter, shall be liable for all the official acts of said deputy clerk.

SEC. 45. [Short-hand reporter.]-There shall be appointed within and for each of the judicial districts of this state by the district judge, a stenographic reporter who shall be well skilled in the art of stenography, and capable of reporting the oral proceedings, had in court, verbatim.

SEC. 46. [Oath and salary.]-The said reporter shall take the oath required to be taken by judicial officers, shall hold his office during the pleasure of the district judge, and receive an annual salary of $1,500, to be paid by the state as the salary of other officers is paid.

SEC. 47. [Duties.]-The said reporter shall attend all terms of the district court held within and for the district for which he is appointed, and shall make a stenographic report of all oral proceedings had in such court, including the testimony of witnesses, with the questions to them, verbatim, and any further proceedings or matter when directed by the presiding judge so to do; but the parties may, with the consent of the judge, waive the recording by such reporter of any part of the proceedings herein required to be taken;-this shall not include arguments to the jury. And whenever during the progress of the cause, any question arises as to the admissibility or rejection of evidence or any other matter causing an argument to the court, such argument shall not be recorded by the reporter, but he shall briefly note the objection made and the ruling of the court thereon, and any exceptions taken by either party to such ruling.

SEC. 48. [Office.]-The said reporter shall keep and maintain an office within the district for which he shall be appointed, and shall keep and preserve in his said office all stenographic reports made by him as in this subdivision required. Such records shall be the property of the state, and upon the termination of his office the said reporter shall deliver the same to his successor in office.

SEC. 49. [Duties.]--It shall be the duty of such reporter to furnish, on the application of the district attorney or any party to a suit in which a stenographic record of proceedings has been made, a long-hand copy of the proceedings so recorded, or any part thereof, for which he shall be entitled to receive, in addition to his salary, a fee of five cents per hundred words, to be paid by the party requesting the same, except where such copy is required by the district attorney on the part of the state, in which case the reporter shall furnish such copy without the payment of any fee; Provided also, That in all criminal cases, wherein after conviction, the defendant shall make an affidavit that he is unable, by reason of his poverty, to pay for such copy, the court or judge thereof may, by order indorsed on such affidavit, direct the reporter to make such copy without the payment of any fee. It shall be the duty of the reporter to deliver such long-hand copy of the proceedings therein, within forty days from the final adjournment of the term at which the judgment is rendered, to the party demanding it.

SEC. 50. [Repealed Chap. 13 R. S. 48; Laws 1877, 116, 205 and all acts inconsistent with provisions of this act, except Laws 1875, 76.]

SEC. 51. [Provided for act to take effect March 1, 1879.]

INSTRUCTIONS TO JURIES.

SEC. 52. To be in writing.]-It shall be the duty of the judges of the several district courts, in all cases, both civil and criminal, to reduce their charge or instructions to the jury to writing, before giving the same to the jury, unless the so giving of the same is waived by the counsel in the case in open court, and so entered in the record of said case; and either party may request instructions

SEC. 49. The proviso was not in the original section (1877, 159), and it was held that even one convicted of a felony must pay for a transcript if required by the reporter, notwithstanding the bill of rights (sec. 23), which says that: "the writ of error shall be a writ of right in all cases of felony." 8 Neb. 23. If a party is deprived of the transcript by fault of the reporter so that he is thereby deprived of his bill of exceptions the court will in a proper case grant him a new trial. 10 Neb. 451. SECS. 52-56. "An act to amend section 58, chapter fourteen, General Statutes." Laws 1875, 76. Took effect April 1, 1875. See see. 50. See also note to sec. 283, civil code.

to the jury on points of law, which shall be given or refused by the court. All instructions asked shall be in writing. [1875 § 1, 76.]

SEC. 53. [Modifications.]-If the court refuse a written instruction as demanded, but give the same with a modification, which the court may do, such modification shall not be by interlineation or erasure, but shall be well defined, and shall follow some such characterizing words as "changed thus," which words shall themselves indicate that the same was refused as demanded. [Id. § 2.]

SEC. 54. [Instructions read over.]-The court must read over all the instructions which it intends to give, and none others, to the jury, and must announce them as given, and shall announce as refused, without reading to the jury, all those which are refused, and must write the words "given" or "refused,' as the case may be, on the margin of each instruction. [Id. § 3.]

SEC. 55. To be numbered.]-If the giving or refusal be excepted to, the same may be without any stated reason therefor, and all instructions demanded, as well as all instructions given to the jury by the court on its own motion, must be plainly and legibly written in consecutively numbered paragraphs, and filed by the clerk before being read to the jury by the court; and such instructions shall be preserved as part of the record of the cause in which they were given. [Id. §4.] SEC. 56. [Oral explanation.]-No oral explanation of any instruction authorized by the preceding sections shall, in any case, be allowed, and any instruction or charge, or any portion of a charge or instructions given to the jury by the court and not reduced to writing as aforesaid, or a neglect or refusal on the part of the court to perform any duty enjoined by the preceding sections, shall be error in the trial of the case, and sufficient cause for the reversal of the judgment rendered therein. [Id. § 5.]

SEC. 57. (Jurisdiction at chambers.-That any judge of the district court may sit at chambers, at any time and place within his judicial district, and while so sitting shall have the power-1. To grant, dissolve or modify temporary injunctions. 2. To discharge attachments. 3. To hear and determine application for writ of mandamus, and applications for writ of habeas corpus. 4. To discharge such other duties, or to exercise such other powers, as may be conferred upon a judge in contradistinction to a court. 5. To receive a plea of guilty" from any person charged with a felony and passing sentence thereon, upon reasonable notice to the prosecuting attorney. [1881 § 1, chap. 46.]

CHAPTER 20.-COURTS-PROBATE (COUNTY). *

SECTION 1. [Court.]-That there is hereby established, in each organized county in this state, a probate court which shall be held at the county seat by the probate judge of such county, and shall be a court of record. Such court shall be deemed to be always open, and any cause, matter or proceeding may be proceeded with therein at any time after the giving of notice or service of process in the mode prescribed by law. And the proceedings and determinations of such court heretofore had or made in any cause, matter or proceeding, at any time other than at a regular term of such court, as heretofore prescribed by law, shall be as

*SECS. 1-37. "An act concerning the organization, forms, and jurisdiction of probate courts." G. S. 263. Took effect Mar. 3, 1873. By Const., Art. XVI, sec. 15, county courts are made the successors of probate courts. 9 Neb. 265.

SEC. 54. When instructions are requested which are substantially the same as those already given it is not error to refuse them. And under this section it is not error for the court to fail to give the reason for such refusal. 7 Neb. 344.

SEC. 55. The right given by this section will be regarded as waived, when the charge is not excepted to or when exception is taken to a particular clause only. Neb. 288. But in case of felony if it appear that the charge had a tendency to prejudice the accused under any state of facts, a new trial will be granted although no exception is taken. 4 Neb. 530. 9 Neb. 302.

SEC. 56. Although an oral charge be given, the supreme court will not consider it "error in the trial of the case" unless the attention of the court below has been called to it in the motion for a new trial. 4 Neb 43. And a neglect to mark instructions as provided in sec. 52 must also be excepted to at the time and attention of court called thereto in motion for new trial or the error will be waived. 10 Neb. 443.

SEC. 57. "An act to give the several judges of the judicial districts of Nebraska, certain powers when sitting in chambers anywhere within their respective judicial districts." Approved March 2. Took effect June 1,