1026. No person shall be eligible to the office of judge of the supreme court unless he be at least thirty years of age and a citizen of the United States; nor unless he shall have resided in this state at least three years next preceding his election; nor unless he shall have been regularly admitted as an attorney in this state, and remained as an attorney in good standing at the bar thereof.

1027. The supreme court shall have original jurisdiction in cases relating to the revenue, civil cases in which the state shall be a party, mandamus, quo warranto, and habeas corpus, and shall have appellate and final jurisdiction of all matters of appeal and proceedings in error which may be taken from the judgments or decrees of the district courts, in all matters of law, fact or equity, where the rules of law or the principles of equity appear from the files, exhibits, or records of said court to have been erroneously determined.

Does not give the court original jurisdiction to vacate a judgment in a criminal case. 25, 347 (41 N. W., 249.)

1028. Terms of the supreme court shall be held at the capitol, beginning on the first Tuesday in January and the Third Tuesday in September of each year. Original act read first Tuesday in January and July. Amended 1889, p. 422.

1029. The judges of the supreme court, or a majority of them, are hereby authorized to appoint and hold a special term of said court at such time as they may designate, for disposiug of the unfinished business of any general term of said court, and may appoint one special term of said court in any one year for general or special purposes.

1030. If a quorum is not in attendance on the first day of any term, the fact shall be entered on the journal by the clerk, and the court shall stand adjourned until the next day, and like proceedings shall be had, from day to day, until the fourth day, and should there still be no quorum, the court will stand adjourned until the next term in course. No proceedings shall in any manner be affected by such adjournment, or failure to hold a court, but shall stand continued to the

next term.

1031. The reporter of the supreme court, who, under the provisions of section 8, article VI of the constitution, acts as clerk thereof, shall keep his office at the capital, shall be the custodian of the seal of said court, perform the duties devolving upon him by law, and be subject to the orders of the court. He shall receive an annual salary of $1,500, payable as the salary of other state officers is paid.

1032. The opinions of the court on all questions brought before them, as well as such motions, collateral questions, and points of practice as they may think of sufficient importance, shall be reduced to writing, filed with and recorded by the clerk of the court. All dissenting opinions must be written, filed, and recorded in the

same manner.

1033. 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 stereotype 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 vol

ume, 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.

The salary of reporter is in full of all work done by him in preparing the MS. for the printer. 15, 697.

1034. 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 herein before provided for.

1035. 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.

1036. 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.

Secs. 1037 to 1040. "An act to provide for stenographers or clerks for the judges of the supreme court, to define their duties, and to provide for their salaries.” 1887, p. 381. In force March 31.

1037. Each of the judges of the supreme court of this state are authorized and empowered to appoint a stenographer, or clerk, to assist them in the mechanical or clerical duties of their office.

1038. Each stenographer or clerk, so appointed, shall reside in the same city with the judge appointing him, and perform such clerical work as may be assigned to him.

1039. Each stenographer or clerk shall receive compensation at the rate of four ($1) dollars per day while actually employed, payable from the treasury, out of the general fund.

1040. For carrying into effect the provisions of this act, the auditor is hereby authorized and directed to draw his warrant on the general fund, upon the presentation of the proper vouchers, approved by the judges of the supreme court, for the amounts named therein.

District Courts.

1041. 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.

1042. The district courts shall have and exercise general, original, and appellate jurisdiction in all matters, both civil and criminal, except where otherwise provided.

All presumptions are in favor of the jurisdiction of district court. 17, 98 (22 N. W., 76). Courts of equity and common law jurisdiction not necessarily limited in exercise thereof by statutory powers. 27, 283 (43 N. W., 118); 27, 137 (42 N. W., 889).

1043. 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.

9, 163 (2 N. W., 378).

1044. 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.

May grant temporary injunction by making proper showing. 7, 386.

1045. 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 day's 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.

Where indictment found but no entry on journal made, subsequent court may order entry made conforming to facts. 6, 281. May be changed at a subsequent term to correspond with the fact. Notice of application for must be served. 28, 785 (45 N. W., 51). The supreme court has no authority over the ministerial officers of the district court. 25, 224 (41 N. W., 184).

1046. 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.

1047. 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.

1048. 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.

1049. 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 until 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.

1050. 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.

1051. 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:

1052. Upon any final adjournment of the court all business, not otherwise disposed of, shall stand continued generally.

GENERAL PROVISIONS.

1053. All judicial proceedings must be public, unless otherwise specially provided by statute.

1054. 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.

1055. 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.

1056. No court can be opened, nor can any judicial business be transacted, on Sunday or on any legal holiday, except-1st. To give instructions to a jury then deliberating on their verdict. 2d. To receive a verdict or discharge a jury. 3d. To exercise the powers of a single magistrate in a criminal proceeding. * 4th. To grant or refuse a temporary injunction or restraining order.

All after* added 1889, p. 379. Where legal holiday falls on Sunday, the next Monday is not a holiday except as to commercial paper. 23, 735 (37 N. W., 637). Adjournment of the court to, and opening it on, Thanksgiving day, no step in the case being taken on that day, is not cause for new trial. 14, 546 (16 N. W., 898). A replevin writ cannot be served on Sunday. 16, 653 (21 N. W., 406). Case set for a legal holiday stands continued to the next day. 23, 548 (37 N. W., 310). When verdict in justice's court is returned on Sunday, justice should immediately render judgment upon it. 13, 288 (13 N. W., 626).

1057. 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 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.

one.

May grant mandamus at chambers, in his district, where right is clear. 24, 265 (38 N. W., 752). Under this section a judge could not award a writ of mandamus in vacation. 10, 476 (6 N. W., 763). But see act of 1881.

1058. 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. 1059. "An act to give to the several judges of the judicial districts of Nebraska certain powers when sitting in chambers anywhere within their respective judicial districts.” 1881, p. 226. In force June 1.

1059. 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.

See 24, 265 (38 N. W., 752).

COURT COMMISSIONER.

1060. 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.

TERMS OF COURT.

1061. 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 districts. 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. *Terms of court may be held at the same time in different counties in the same judicial district, by the judge of the district court thereof, if there be more than one, and upon request of the judge or judges of such court, any term in such district may be held by a judge of the district court of any other district of the state. When necessary, the district court sitting in any county may be continued into and held during the time fixed for holding such court in any other county within the district, or may be adjourned and held beyond such time.

All after* added 1885, p. 242.

CLERKS OF THE DISTRICT COURT.

1062. 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.

1063. Every clerk appointing a deputy under the provisions of this chapter shall be liable for all the official acts of said deputy clerk.

SHORT-HAND REPORTER.

1064. 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