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TITLE XXI.

CHAPTER 95.

Term of office.

Person appointed must be a solici

sand inhabitants therein, according to the census which shall have been last taken; but there shall not be more [than] four masters in chancery appointed for any county.

SEC. 49. Masters in chancery shall hold their offices for the term of four years, unless sooner removed by the governor.

SEC. 50. No person shall be appointed a master in chancery, who tor and counsel shall not be, at the time of his appointment, a solicitor and counsellor in the courts of chancery.

lor.

Each master to take oath and give bond.

Penalty of bonds.

When master

declined appointment.

SEC. 51. Each master in chancery, before entering upon the duties of his office, and within thirty days after notice of his appointment, shall take and subscribe the constitutional oath of office, and cause the same to be filed in the office of the secretary of state; and shall also execute a bond to the people of this state, with sufficient surety or sureties, to be approved by the circuit judge of his county, or a register of a court of chancery, and conditioned for the faithful performance of the duties of his office, and cause the same to be filed with a register of said court; and such master shall renew his bond whenever required by the circuit judge of his county.

SEC. 52. The bonds to be executed by the several masters in chancery of each county which shall contain, according to the last census which shall have been taken, a population of thirty thousand or more, shall each be in [the] penal sum of five thousand dollars; and the bonds to be executed by the masters in chancery of every other county shall be in the penal sum of three thousand dollars.

SEC. 53. Every person appointed a master in chancery, who shall deemed to have neglect for more than thirty days after notice of his appointment, to take the oath of office and file the bond required by this chapter, or to renew any bond, within thirty days after being required so to do by the circuit judge of his county, shall be deemed to have declined the appointment, and the office shall be deemed vacant.

When circuit judge to direct

SEC. 54. If any such bond shall become forfeited by a breach of its conditions, the circuit judge of his county shall direct it to be prosebond to be prosecuted, and the moneys recovered shall be applied, under the direc tion of the court for the indemnity of the persons aggrieved by such breach, in proportion to the amount of their respective losses.

cuted, &c.

General powers of masters in chancery.

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SEC. 55. Masters in chancery shall, within their respective counties, possess all the powers and authority usually exercised by masters and examiners in chancery, according to the practice of that court, and all such other powers as shall be conferred upon them by the court according to law, or by any statute; and shall be amenable to the court for the correct discharge of such duties.

SEC. 56. Any master in chancery may be suspended by the circuit judge of his county from the exercise of the powers and duties of his office, in cases of gross misconduct therein, after due notice and a full opportunity of making a defence shall have been given to him; and the circuit judge of the county shall immediately report such suspension, with the reasons therefor to the governor, to the end that such master may be removed from office by him.

SEC. 57. Whenever there shall be no master in chancery in any county, or if there shall be no master in any county who is not solicitor or counsel, or otherwise interested, or unable to act in any suit or matter, the circuit judge of the county may appoint some suitable person to perform the duties of a master in chancery in all things concerning such suit or matter.

SEC. 58. When the term of office of any master in chancery shall expire while a reference is pending before him, or after he shall have advertised any real or personal property or other thing for sale, under a decree or order of a court of chancery, such court may, by a special order, authorize him to proceed in such reference.

TITLE XXI. CHAPTER 95.

Court may authoproceed in refer

rize master to

ence, after his of fice expires.

One master in

SEC. 59. The supreme court shall designate one of the masters in chancery in each circuit, to be an injunction master, who shall have each circuit to be power to grant injunctions within his circuit in the cases provided by injunction mas.

law.

designated as an

ter.

SEC. 60. Such designation shall be in writing, and shall be filed in Designation to be in writing and the office of the clerk of the supreme court of the circuit for which filed with clerk. such injunction master shall be designated.

may authorize

SEC. 61. The supreme court may, by general rules, authorize and Supreme court empower the injunction masters, or any of them, in their respective injunction master circuits, to hear and determine all such motions, and to make all such to hear motions, orders in suits and proceedings pending in chancery, as it shall deem proper, and subject to such regulations as it shall prescribe.

SEC. 62. For all services rendered by an injunction master under the provisions of the preceding section, and such rules as shall be made by the supreme court in pursuance thereof, he shall receive such fees as shall be prescribed by the supreme court, to be paid by the party requiring such services, and taxed as costs in the suit.

State Reporter.

&c.

Fees for services.

State reporter,

1844, p. 19.

SEC. 63. A reporter of the decisions of the supreme court, to be called the state reporter, shall be appointed by the justices of the su- how appointed. preme court, as often as a vacancy shall occur, who shall hold his office during the pleasure of said justices.

SEC. 64. The state reporter, before entering upon the duties of his oath of office. office, and within thirty days after notice of his appointment, shall take and subscribe the constitational oath of office before one of the justices of the supreme court, and cause the same to be filed in the office of the secretary of state.

SEC. 65. It shall be the duty of the justices of the supreme court, to prepare and deliver to the reporter, full notes of all decisions made by them in their respective courts, at law and in equity, which they shall deem of sufficient importance to publish.

Justices of su

preme court to de cisions to repor

liver notes of de

ter.

publication.

SEC. 66. The state reporter shall faithfully and truly prepare all Reporter to presuch decisions for publication; and when it shall be necessary to a pare decisions for proper understanding of the decision, he shall report therewith a brief statement of the case, and of the arguments of the counsel therein.

SEC. 67. As often as the decisions of either of said courts, shall be Publication of resufficient to constitute a volume of convenient size, it shall be the du- ports. ty of the reporter to procure to be printed and published, in a neat and substantial manner, and upon the most advantageous terms practicable, an edition of one thousand copies of such reports; and upon the completion of such publication, the auditor general shall draw his warrant upon the state treasurer, in favor of the reporter, for the costs of publication.

posited with sec

SEC. 68. Two hundred copies of said reports shall be deposited by Two hundred the reporter with the secretary of state, to be distributed as follows: copies to be detwo copies to the library of the congress of the United States; one retary of state copy to the library of each of the states and territories; one copy 1845, p. 113, § 1. to the library of the university of the state; one copy to be kept in

and distributed.

TITLE XXI.

CHAPTER 96.

Reports may be exchanged for

other works, for use of supreme 1845, p. 113, § 2.

court.

Residue of reports to be offer. ed for sale, &c.

Reporter may

the office of the county clerk of each county in this state; two copies to the library for the use of the supreme court; and the remainder of said two hundred copies to be deposited in the state library.

SEC. 69. The secretary of state may exchange any chancery or law reports deposited in the state library in pursuance of the preceding section, after reserving therein at least ten copies of each, for such other reports or other works on law or equity, as the justices of the supreme court shall designate; which reports or other works procured by such exchange, shall be deposited in the library for the use of the supreme court.

SEC. 70. The remaining eight hundred copies of said reports shall be offered for sale by the reporter, at a price not exceeding three dollars and fifty cents for each copy sold to, and for the use of residents of this state, and five dollars for each copy sold to, or for the use of persons residing out of this state.

SEC. 71. The reporter may, in his discretion, exchange any numexchange for oth- ber of copies of said reports, not exceeding five hundred, for the reports of the decisions of courts of other states, and sell the reports received in exchange, if he shall deem it advantageous to do so.

er reports.

Salary of repor ter, &c.

Bond to be filed by reporter before warrant drawn.

SEC. 72. The state reporter shall receive an annual salary of five hundred dollars, payable quarter yearly, out of any moneys in the state treasury belonging to the general fund, not otherwise specially appropriated by law; and shall also be entitled to all the profits arising from the sale of the reports, after refunding to the state treasury the cost of publishing the same.

SEC. 73. Upon the publication of each and every edition of reports, pursuant to the foregoing provisions, and before any warrant shall be drawn by the auditor general for the cost of such publication, the reporter shall execute and file with the secretary of state, a bond to the people of this state, in the penal sum of five thousand dollars, with sufficient sureties to be approved by the said secretary, conditioned to account to the auditor general for, and to pay over to the state treasurer all such moneys as he shall receive for the state on account of the sale of said reports.

Certain powers of courts of record.

CHAPTER 96.

GENERAL PROVISIONS CONCERNING COURTS, AND THE POWERS AND DU-
TIES OF CERTAIN JUDICIAL OFFICERS.

SECTION 1. The several courts of this state having a seal, are courts of record, and they shall respectively have power:

1. To issue process of subpoena, requiring the attendance of any witness residing or being in any part of this state, to testify in any matter or cause pending or triable in such courts:

2. To administer oaths to witnesses in any such matter or cause, and in all other cases where it may be necessary in the exercise of the powers and duties of such courts:

3. To devise and make such new writs and forms of proceedings as may be necessary to carry into effect the powers and jurisdiction possessed by them.

TITLE XXI. CHAPTER 96.

continued by a vacancy.

SEC. 2. No process, proceeding or suit, civil or criminal, before any of the said courts, shall be discontinued by the occurrence of any vacancy in the office of any judge, or of all the judges of such court, Suits, &c. not disnor by the issuing of any new commission to any judge or judges of any such court, but the persons appointed in any such new commission shall have power to continue, hear and determine such process, proceeding or suit, as their predecessors might have done if no new commission had been issued.

failure or altera

SEC. 3. No process issued, or suit or proceeding pending in any Proceedings not court of record, shall be discontinued by reason of such court not discontinued by having been held at any stated terms thereof, or by reason of any tion of any term. term of such court having been altered: but such process shall be deemed returnable at the term which shall be held next after such failure, or at the term established by such alteration, and such suit or proceeding shall be continued to such next term, or to the term established by such alteration, as the case may be.

to vitiate procee

when court may

SEC. 4. No omission to adjourn any such court from day to day, Omission to adprevious to the final adjournment thereof without day, shall vitiate journ, &c., not any proceedings in such court; and the adjournment of any court dings. before the expiration of its term shall not affect the return or service of any writ issued prior or subsequent to such adjournment. SEC. 5. Whenever the seal of any court shall be so injured that it cannot conveniently be used, the court shall cause the same to be destroyed; and whenever the seal of any court shall be lost or destroyed, such court shall cause a new seal to be made, similar in all respects to the former seal, which shall become the seal of the court. SEC. 6. The expense of a new seal for any circuit court, or court Expenses of seals of probate, shall be paid by the county in which such courts are held; how paid. and the expense of new seals for other courts shall be paid from the

state treasury.

cause seal to be destroyed, and new seal procur

ed.

SEC. 7. Every court of record shall have power to punish as for a Powers of courts criminal contempt, persons guilty of either of the following acts, and no others:

1. Disorderly, contemptuous, or insolent behavior, committed during its sitting, in its immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority:

2. Any breach of the peace, noise or disturbance, directly tending to interrupt its proceedings:

3. Wilful disobedience of any process or order, lawfully issued or made by it:

4. Resistance wilfully offered by any person to the lawful order or process of the court:

5. The contumacious and unlawful refusal of any person to be sworn as a witness; and when so sworn, the like refusal to answer any legal and proper interrogatory:

6. The publication of a false or grossly inaccurate report of its proceeding; but no court can punish as a contempt, the publication of true, full and fair reports of any trial, argument, proceedings or decision had in such court.

to punish as for a criminal contempt.

SEC. 8. Punishment for contempts may be by fine, or by imprison- Punishment for ment in the jail of the county where the court may be sitting, or both, contempts. in the discretion of the court; but the fine shall in no case exceed the sum of two hundred and fifty dollars, nor the imprisonment thirty

CHAPTER 96.

TITLE XXI. days; and when any person shall be committed to prison, for the non-payment of any such fine, he shall be discharged at the expiration of thirty days.

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When contempts SEC. 9. Contempts committed in the immediate view and presence may be punished of the court, may be punished snmmarily; in other cases the party when party to be shall be notified of the accusation, and have a reasonable time to make his defence.

summarily, and

notified.

Circumstances

of offence to be

rant, &c.

Construction of preceding sec

tions.

When person

for contempt &c.

SEC. 10. Whenever any person shall be committed for any conset forth in war- tempt specified in this chapter, the particular circumstances of his offence shall be set forth in the order or warrant of commitment. SEC. 11. Nothing contained in the preceding sections, shall be construed to extend to any proceeding against parties or officers, as for a contempt, for the purpose of enforcing any civil right or remedy. SEC. 12. Persons punished for a contempt under the preceding may be indicted provisions, shall notwithstanding be liable to indictment for such contempt, if the same be an indictable offence: but the court before which a conviction shall be had on such indictment, shall, in forming its sentence, take into consideration the punishment before inflicted. SEC. 13. Whenever it shall be deemed unsafe or inexpedient, by another place for reason of war, pestilence, or other public calamity, to hold any court at the time and place appointed therefor, the justices or judges of the court may appoint any other place within the same county, and any other time for holding the same.

When judges,

&c., may appoint

holding court.

Appointment,

published.

SEC. 14. Every such appointment shall be made by an order in how made and writing, signed by the justices or judges making the same, and shall be published by advertisement in such newspaper, or in such other manner as shall be required in the order.

When board of supervisors may

holding court.

SEC. 15. Whenever there shall be no court house in any county, appoint place for or the court house shall, for any cause, be unsafe, inconvenient, or unfit for the holding of any court, the board of supervisors for such county may appoint some other convenient building, at, or in the vicinity of, the seat of justice for such county, as a temporary place for holding such court.

Place appointed to be deemed court house.

Sittings of court to be public.

In what cases judge canaot sit or take part in decision.

Ib.

Judge cannot

SEC. 16. The place so appointed shall be deemed the court house of the county for the time being, for all purposes.

SEC. 17. The sittings of every court within this state shall be public, and every citizen may freely attend the same.

SEC. 18. No judge of any court can sit as such, in any cause in which he is a party, or in which he is interested, or in which he would be excluded from being a juror by reason of consanguinity or affinity to either of the parties; nor can any judge decide or take part in the decision of, any question which shall have been argued in the court, when he was not present and sitting therein as a judge.

SEC. 19. No judge of an appellate court, or of any court to which a writ of certiorari or of error shall be returnable, shall decide, or take part in the decision of any cause or matter which shall have been determined by him while sitting as a judge of any other court.

SEC. 20. No judge can practice or act as a counsellor, solicitor or practice in court attorney, in the court of which he is a judge, except in those suits in which he shall be a party, or in the subject matter of which he shall be interested.

of which he is

judge, unless a party, &c.

Judge not to have partner practi

SEC. 21. No judge shall have any partner practicing in the court of which he is a judge; nor shall any judge be directly or indirectly inor be interested terested in the costs of any suit that shall be brought in the court of

cing in his court,

in costs, &c.

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